The following rules govern your use of The New York Literary Society web site (the "Site"). The rules set forth herein apply to all materials, online communications, and other information that is or becomes available on the Site (collectively, "Information"). By visiting and using the Site, you specifically agree to abide by these rules and any modifications thereto.
1. Personal Uses Permitted
The Site is an online information exchange service for use by The New York Literary Society and the general public. You shall not post, publish, transmit, reproduce, distribute, or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
2. Users' Obligation to Abide By Applicable Law
In connection with the use of the Site, Users shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, Users shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). Users acknowledge that the Information available on the Site may include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
3. Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of The New York Literary Society may, in the course of their regular duties, have access to communications required by law.
4. Rogue Programming and Viruses
The New York Literary Society is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming ("Rogue Programming") that may be contained in any of the information or software contained on the Site. The New York Literary Society has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.
5. Content of Information
You are responsible for the content of any Information you put on the Site. The New York Literary Society has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on the Site. The New York Literary Society reserves the right to review any Information that is or becomes available on the Site. The New York Literary Society reserves the right to refuse to post or to remove any Information that is, in The New York Literary Society's sole discretion, unacceptable, undesirable, or in violation of these rules. However, The New York Literary Society has no obligation to exercise such reservation of rights.
6. Disclaimer of Warranties
The Site is provided on an "As Is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. The New York Literary Society does not warrant that any information is complete or accurate, that the Site will be uninterrupted or error free, or that any information is free of Rogue Programming.
7. Limitation of Damages
Under no circumstance, including negligence, shall The New York Literary Society be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on information available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
8. Release and Indemnity
You hereby release and waive any and all claims and/or liability against The New York Literary Society arising from or in connection with your use of the Site. You also agree to defend, indemnify, and hold harmless The New York Literary Society from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site or failure to abide by applicable law.
These rules may be modified by The New York Literary Society from time to time and such modifications will be binding on you when placed online.
10. Contacting NYLS If Your Material Should Not Be On Our Website
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), The New York Literary Society is the designated agent for notice of alleged copyright infringement appearing on the Site. Direct any notices of infringement to: The General Counsel, The New York Literary Society, PO Box 1019, Bowling Green Station, New York, NY10274 or send an email to: email@example.com. To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov.
If you do not agree to these The New York Literary Society Online Terms of Service, please do not use the site.