Infoshare Acceptable Use and Subscription Policy
1. The Infoshare Online Site Auspices
The Infoshare Online site, content, forums, and other online services (collectively, "Infoshare Online" or the "Site") are provided by Community Studies of New York, Inc.(CSNY). Our address is 350 E. 78th St. Suite 5, New York, NY 10021. You may contact us via e-mail through the web site. CSNY provides you access to Infoshare Online subject to the Terms and Conditions of Use set forth below.
2. Acceptance of Terms and Conditions of Use
You agree to read these Terms and Conditions of Use carefully before using Infoshare Online. By using the Site, you signify your agreement to all of the terms, conditions,and notices contained or referenced herein. CSNY may amend these Terms and Conditions of Use at any time by posting amended Terms and Conditions of Use to the Site. If it becomes necessary to make substantial changes to these Terms and Conditions, Infoshare Online subscribers will be notified by email. The amended Terms and Conditions of Use will be effective immediately upon posting to the Site. CSNY therefore encourages you to review these Terms and Conditions of Use frequently.
CSNY reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any of the Site features, databases or content. CSNY may, from time to time, impose limits on features or restrict access to parts of the Site. Should this become necessary, CSNY will attempt to provide reasonable notice of any such actions to Infoshare Online subscribers.
3. Permitted Use
You may use the Infoshare Online web site for your personal or organizational planning and research activities. Any other use, including the reproduction, modification, distribution, display, rehosting, or embedding of the Site, or any commercial use of this site, is strictly prohibited without the prior written consent of CSNY.
4. Restrictions on Use
You agree to use Infoshare Online for lawful purposes only. In particular, you agree not to use the Site improperly to identify any particular individual. You agree not to post or transmit through the Site any material that: (a) contains advertising or any solicitation with respect to products or services without our prior written consent; (b) is obscene or fraudulent; (c) defames, abuses, harasses or threatens others; (d) contains any viruses or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) advocates or encourages any illegal activity; (f) infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party; (g) violates the privacy of individuals, including other users of the Site; or (h) violates any applicable local, state, national, or international law.
CSNY in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Site any material that it deems to be non-complying or otherwise objectionable.
5. Subscriptions and Subscription Fees
Subscribers agree to pay subscription fees in effect when incurred. Subscription fees are billed in advance, at the time of purchase. Credit card subscriptions automatically renew, and your credit card or other payment method you provide will be charged on the first day of each renewal period until your subscription is terminated by us or cancelled by you. CSNY reserve the right to terminate your use without notice if you violate these terms and conditions or a charge to your credit card or other payment method is declined.
If you wish to cancel your subscription, contact us at firstname.lastname@example.org. Multi-month subscriptions paid for in advance (e.g., semi-annual, annual) will be subject to a minimum charge based on your current fee prorated to the date of termination. Cancellation of a monthly subscription will take effect at the end of the current billing period and will not result in a refund.
On termination or cancellation of your subscription, any files or data you may have stored on Infoshare Online will be removed. You should ensure that you have copied any files or data you wish to keep prior to the end of your subscription.
6. Subscribers' Use of Infoshare
Your use of Infoshare Online is controlled by your Account ID and User Password, or your designated IP address. You agree not to share your IDs with anyone not authorized to use them. If you know, or suspect, that someone has gained knowledge of your User ID without authorization, you agree to change it.
7. Links to Third-Party Sites
Any third-party sites to which the Site may link are not under CSNY’s control, and CSNY does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Without express language to the contrary, CSNY does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
8. Quality and Accuracy of Data
CSNY is committed to ensuring that the data in Infoshare Online is as accurate as possible, consistent with any limitations on the inherent accuracy of the original data sources. However, we do not guarantee the quality or accuracy of any information provided by this service.
9. Disclaimer of Warranties and Limitation of Liability
You agree that use of the Site is at your sole risk. Neither CSNY, Infoshare Associates, Paladin Consulting and Programming, their affiliates or partners, nor any of their respective employees, agents, third party content providers or licensors warrant that your use of the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy or reliability of any information provided through the Site.
The Site and the information included therein is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, non-infringement, or fitness for a particular purpose. Specifically, CSNY makes no warranty that the Site is fit for a particular purpose. Any implied warranty of usability is limited to the correction of significant errors and is otherwise expressly and specifically disclaimed by CSNY.
In no event will CSNY or any person or entity involved in creating, producing, or distributing the Site or the content included therein be responsible or liable for any damages or costs incurred as a result of loss of time, loss of data, loss of revenues, or loss of use of the Site. In addition, neither CSNY nor any person or entity involved in the Site shall be responsible or liable for damages or costs incurred in connection with obtaining substitute software, claims by others, inconvenience, or similar costs. In no event shall CSNY's total liability for any damages to the user or any other person ever exceed the price paid by you, if any, for accessing the Site, regardless of the form of the claim.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or unauthorized access to, alteration of, or use of the Site. You specifically acknowledge that neither CSNY nor any person or entity involved in the Site is liable for any defamatory or illegal conduct of other users or third parties and that the risk from the foregoing rests entirely with you.
10. Privacy and Communications to the Site
Except for information you may post to designated public forums maintained on the Site, any communication, information or other material you transmit to the Site, by electronic mail or otherwise, including any answers to questions, comments, suggestions, or other data supplied by you, will be treated by CSNY as confidential and will not be transmitted to any third party without your explicit authorization. CSNY agrees to use any such information only for the purpose of improving the operation of the Site, including your access to it and use of it.
11. Representations and Warranties
You represent and warrant that: (a) you have full right and power to enter into and perform these Terms and Conditions of Use, and have secured all third party consents necessary to enter into these Terms and Conditions of Use; (b) all factual assertions that you have made and will make to CSNY are true and complete; (c) you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms and Conditions of Use; and (d) you shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material.
CSNY reserves the right to terminate your access to the Site immediately if: (a) you breach the Terms and Conditions of Use; (b) you infringe the intellectual property rights of a third party in connection with the Site; (c) CSNY is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party. Should such termination become necessary, CSNY shall attempt to provide you with appropriate notification.
No unauthorized person can change the terms of this warranty.
This warranty gives the user specific legal rights. The user may have other rights which vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts. Thus, some of the above may not apply to the user. This agreement will be governed by the laws of the State of New York, without regard to conflict of law principles.
The provisions of these Terms and Conditions of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision.
Any delay or failure on the part of CSNY to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
You agree to hold harmless CSNY, and the officers, directors, employees, partners, principals, agents and representatives of CSNY, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms and Conditions of Use.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms and Conditions of Use, including without limitation all of your representations, warranties and indemnification obligations.
These Terms and Conditions of Use constitute the entire understanding of you and CSNY with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
© 2001 Community Studies of New York, Inc. All rights reserved.