Welcome to Ideas Never Sleep (“Ideas Never Sleep” or the “Service”), provided by New York University’s Stern School of Business (also referred to as “we”, “us” and “NYU”). Ideas Never Sleep is a global thought leadership platform committed to bringing innovative thinking to every member of the creative class.
Please read these Terms of Service carefully, because together with the Ideas Never Sleep Privacy Statement, they constitute the entire agreement (“Agreement”) between you and NYU governing your use of the Ideas Never Sleep service. If you do not agree to this Agreement, you are not authorized to use the Service. By using Service, you confirm that you have read, understand, and agree to this Agreement.
1. Rights and Responsibilities Related to Content and Material on the Service. The Service and its contents (“Service Content”) are protected by United States and international copyright laws. You may access Service Content for your informational and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You may not copy, distribute, transmit, publicly display, publicly perform, modify, sell or transfer, create derivative works from, or in any other way exploit, any of the Service Content (including any programs, code, or software contained therein) in any manner, whether in whole or in part, for any other reason.
2. Using the Service. Ideas Never Sleep allows visitors to comment on videos and articles via third-party commenting platforms displayed on the Service. NYU has established Guidelines for Participation for the Ideas Never Sleep service. Please read them carefully, because they are a part of this Agreement, and your violation of the Guidelines may result in our terminating this Agreement and your access to the Service. In addition, we grant you access to the Service on the condition that you not undertake any of the following actions:
a. Post or otherwise make available any Service Content or other information that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene, or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate;
b. Use the Service to promote any business or commercial enterprise;
c. Post or otherwise make available any (i) confidential information without the authorization to do so; or (ii) spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
d. Restrict or inhibit any other person from using the Service;
e. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with or disrupt the operation of the Service or servers or networks hosting or connected to the Service;
f. Use the Service for any unlawful purpose or otherwise violate any applicable laws, rules or regulations in connection with your use of the Service;
g. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, or deface any portion of the Service;
h. Remove any copyright, trademark, or other proprietary rights notices contained in the Service;
i. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or the Service Content;
j. Harvest or collect information about the Service or its users; or
k. “Frame” or “mirror” any part of the Service without our prior written authorization.
4. Reporting Violations or Concerns. If you have reason to believe that any Service Content or activity on the Service violates this Agreement or is illegal or inappropriate, or to report any other abusive behavior in connection with the Service, please contact us by email at firstname.lastname@example.org.
If you believe that material located on the Service violates your copyright, you may notify us in accordance with the Digital Millennium Copyright Act (“DMCA”) procedures described below. A notice of infringing material that complies with the 17 U.S.C. § 512(c)(3) of the DMCA (“Notice”) must be sent to the agent we have designated with the Copyright Office: Marilyn McMillan, Vice President, Information Technology & Chief Information Technology Officer, New York University, 10 Astor Place, 502B, New York, NY 10003, email@example.com.
To comply with the DMCA, your Notice must be in writing and include the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed;
(3) Identification of the material on our system that is the basis of your inquiry, including a URL or other location information;
(4) Your contact information, including name, address, telephone number, and e-mail address;
(5) A statement of your good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please note that under United States Copyright Act, 17 U.S.C. §§ 101 et seq., fair use permits certain reproductions of copyrighted works for the purposes of criticism, comment, news reporting, teaching, scholarship, and research, and the Copyright Act contains other limitations on the exclusive rights of copyright. Before you send any Notice, be sure that you have considered any statutory exceptions to the exclusive rights of copyright under 17 U.S.C. §§ 107-122.
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal as soon as possible. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. The Counter-Notice must be in writing and must include:
(1) A physical or electronic signature of the alleged infringer;
(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
(4) The alleged infringer’s name, address, and telephone number; and
(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent. Upon receipt of a Counter-Notice, we will notify the sender of the Notice of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless the sender of the Notice informs us within that period that it has filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Service.
5. Trademarks. “Ideas Never Sleep,” “New York University,” “NYU” and all related trademarks and trade names are the property of NYU, and NYU retains all trademark rights in them. You may not use our trademarks or trade names in any manner without written authorization from us.
6. Termination. This Agreement will continue until terminated in accordance with this Section. We may terminate this Agreement and your access to the Service at any time, at our sole discretion, if we believe that you have violated this Agreement or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Service in any way that violates this Agreement or any applicable laws or regulations. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, provisions relating to warranty disclaimers, indemnity and limitations of liability.
7. Indemnity. You agree to indemnify and hold harmless NYU, its contractors, its licensors, permitted licensees, and its and their respective trustees, officers, employees and agents (“Indemnified Parties”) against any and all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Service or breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or (c) your activities in connection with the Service or any services related to the Service. Any Indemnified Party may assume the exclusive defense and control of any matter for which that Indemnified Party is entitled to indemnification, and you agree to provide it with whatever cooperation it reasonably requests.
8. No Warranties and Disclaimer of Liability. The Third-Party Services are solely responsible for the Third-Party Services Content they provide. NYU cannot verify or guarantee that the information presented on the Service, including without limitation Third-Party Services Content, is accurate or complete and we will not be liable for any harm or damages arising from any content posted on the Service or your use of or inability to use or access the Service. The Service is provided on an “as is” and “as available” basis and you agree that you use the Service solely at your own risk.
NYU makes no representations or warranties of any kind, express or implied, regarding the availability, operation, or administration of the Service or any Service Content or Third-Party Services Content, and to the full extent permitted by applicable law, NYU specifically disclaims all such warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose (even if that purpose has been disclosed). NYU reserves the right to modify, suspend, or discontinue the Service, with or without notice, at any time and without any liability to users.
Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses,” or other malicious code to the Service, we do not guarantee or warrant that the Service, or services or materials that may be available through the Service, are free from such destructive features. We are not liable for any damages or harm attributable to such features.
NYU and its officers, employees, agents, and affiliates are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in the Service or any services or materials available through it, including without limitation loss or injury that results from your breach of any provision of this Agreement.
Under no circumstances will NYU or its officers, employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or in connection with this agreement or your use of the Service or materials or services available through the service, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory. Some states do not allow the limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.
a. This Agreement, which includes the Ideas Never Sleep Privacy Statement[link] and Community Guidelines [link], is the complete agreement between you and NYU regarding your use of the Service and supersedes any prior understandings or agreements, whether written or oral, regarding its subject matter.
b. Any dispute arising between you and NYU regarding the Agreement or your use or access of the Service is governed by the laws of the State of New York applicable to agreements wholly made and performed in that state, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree to bring any claim or dispute relating to your use of the Service and this Agreement exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive personal jurisdiction of those courts, and to waive any jurisdictional, venue, or other objections to those courts, including those based on inconvenience.
c. If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law. You may not assign or delegate your rights or privileges under this Agreement, and any attempt to do so is null and void.
d. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement or the Agreement at any time. We will take reasonable steps to notify you of any changes to this Agreement in a manner commensurate with the nature of the changes; however, we urge you to review this Agreement periodically. Your continued use of or access to the Service after being notified of changes will constitute your agreement to the modified Agreement.