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Terms & Conditions

Archive Terms of Use

The Young Men's and Young Women's Hebrew Association (the “92^nd Street Y”, “92NY”, “we”, “us”, or “our”) operates and maintains the 92^nd Street Y Archive (the “Archive”) for purposes of research, commentary, scholarship, or other purposes permitted under 17 U.S.C. §107. 92NY  provides the information, content, materials of the Archive to you, subject to these Terms of Use (these “Terms”). These Terms establish the terms, conditions, rights, and responsibilities applicable to your access to and use of the Archival Material (as defined below). 

Supplemental terms and conditions or documents that may be posted on the Archive website are hereby expressly incorporated herein by reference.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 14 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE ARCHIVE AND ANY ARCHIVAL MATERIAL, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ARCHIVE OR ANY ARCHIVAL MATERIAL. BY ACCESSING OR USING THE ARCHIVE OR ANY ARCHIVAL MATERIAL, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE PROHIBITED FROM USING THE ARCHIVE AND ARCHIVAL MATERIAL.

1. CONTENT AND INTELLECTUAL PROPERTY
   1. The content and other materials displayed or made available on or through the Archive, including, without limitation, text, information, data, content, descriptions, photos, images, videos, graphics, illustrations, and other audiovisual materials (collectively, “Archival Material”), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Archival Material you access through the Archive, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Archival Material except for purposes of research, commentary or criticism or as otherwise may be permitted as a fair use under Section 107 of the Copyright Act, 17 U.S.C. §107 or otherwise.  Among other things, without the prior written consent of the owner of the Archival Material, you agree to not sell, distribute or republish copies of, perform, or otherwise commercially exploit any Archival Material, except as part of an anthology, compilation or other work that reproduces only so much of the Archival Material as to enable such research, criticism or commentary.
   2. You understand and agree that we and/or our contributors own all right, title, and interest in and to the Archival Material. You acknowledge and agree that the Archival Material may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Archival Material. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, rights of publicity, trademarks, service marks, trade dress, and trade secrets, and all such rights are the property of 92NY and/or our contributors of the Archival Material.
2. USER CONDUCT
   1. You may access the Archive and use Archival Material only as permitted herein. Any other access to or use of the Archive constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.
   2. In accessing the Archive and using any Archival Material, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, data privacy laws, tax laws, and other regulatory requirements. In addition, in accessing the Archive and using any Archival Material, you agree that you will NOT:
      1. Circumvent, disable, or otherwise interfere with any security-related features of the Archive or any Archival Material;
      2. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Archive or any Archival Material;
      3. Copy, modify, adapt, translate, or create derivative works based on the Archive or any Archival Material, except for purposes of research, commentary or criticism or as otherwise may be permitted as a fair use under Section 107 of the Copyright Act, 17 U.S.C. §107 or otherwise;
      4. Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Archive or any Archival Material;
      5. Access, use, or copy any portion of the Archive or any Archival Material through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
      6. Use the Archive or any Archival Material to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any unsolicited messages, “spam” or any other content or material in violation of applicable law;
      7. Attempt to interfere with the proper working of the Archive or any Archival Material or otherwise impair, overburden, or disable the same; or
      8. Otherwise engage in any conduct that restricts or inhibits any other user or third party from using or enjoying the Archive or any Archival Material.
3. USER ACCOUNTS
   1. In order to access and use certain parts of the Archive or any Archival Material, you will be required to register and maintain an active account on the Archive (“Account”). To set up an Account, you may be asked to provide certain information about yourself, such as your first and last name, physical address, email address, and phone number. You may also need to create a username and password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account. You may not use the Archive to impersonate another user or person without permission.
   2. You  will not allow your Account to be used by anyone else and will immediately notify us of any unauthorized use of your username or Account.
   3.  
   4. You acknowledge and agree that we are authorized to act on instructions received through use of your username,  or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your username,, or Account without prior notice if we believe your usernameor Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.
4. CHANGES TO THE ARCHIVE AND THESE TERMS
   1. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Archive and any Archival Material.  We reserve the right at any time to modify or discontinue the Archive or any Archive Material (or any part thereof) without notice. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Archive or any Archival Material.
   2. In addition, we may change these Terms at any time, and all such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to your account or the email address that we have on file for you (if any) or posting a revised version of these Terms or other notice on the Archive or any associate website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Archive constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
5. PRIVACY POLICY

Information that you provide to us or that we collect about you through your access to and use of the Archive or Archival Material is subject to our Privacy & Security Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy & Security Policy.

1. AGE REQUIREMENTS
2. No one under the age of 18 may access or use the Archive or Archival Material unless supervised by a parent or legal guardian who is bound by these Terms. By accessing or using, or attempting to access or use, the Archive, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).
3. USER SUBMISSIONS
4. You understand and agree that you are not permitted to submit, upload, or otherwise provide comments, inquiries, messages, videos, or other information or content to the Archive or relating to any Archival Material.
5. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
6. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Archive by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove and/or disable access to Archival Material on the Archive that may be infringing or the subject of infringing activity or other claims.
7. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (the “DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of infringement claims (our “Designated Agent”). Our Designated Agent may be reached via email at: Archive@92NY.org or by writing to us at: 92NY, 1395 Lexington Avenue, New York, NY 10128, Attn: Caitlin Biggers, Archivist. If you are a copyright or other rights owner (or authorized to act on behalf of the copyright or other rights owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes:
   1. Identification of the copyrighted work claimed to have been infringed;
      1. Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
      2. Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
      3. A statement that you have a 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;
      4. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; and
      5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
8. Please note that Section 512(f) of the DMCA may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
9. Upon receipt of a bona fide infringement notification by our Designated Agent, we may remove or disable access to the infringing material, notify the user that we have removed or disabled access to the material, and/or terminate such user’s access to the Archive (for repeat offenders).
10. TERMINATION OF ACCESS
    1. We may, in our sole discretion, and without liability or notice to you, immediately suspend, limit, and/or terminate your access to the Archive for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated any of these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if you ask us to close your Account; (iv) if we discontinue or materially modify the Archive or Archival Material (or any part thereof); or (v) if we believe in our sole discretion that your use or access to the Archive or Archival Material may create risk (including, but not limited to, legal risk) for us or our content providers, service providers or other contractual partners, or other users. Upon any termination, you will lose the right to access and use the Archive and your Account (if any) will be closed.
    2. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Archive shall survive, including, but not limited to, Sections 1, 2, 4, 5, 6, 9, 11, 12, 13, 14 and 15 of these Terms.
11. SECURITY AND NETWORK ACCESS
    1. We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Archive. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Archive. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision.
    2. You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Archive and any updates thereto. We do not guarantee that the Archive or any portion thereof, will function on or with any particular hardware, software, or device. The Archive may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
12. INDEMNIFICATION
13. You agree to indemnify and hold harmless 92NY, its affiliates, and its and their respective officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “92NY Parties”) from and against any and all claims, suits, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees and costs) arising out of or relating to: (i) your use of the Archive or any Archival Material; (ii) your breach or violation of any of these Terms; or (iii) your violation of any applicable law or regulation, including, but not limited to, applicable privacy, copyright, right of privacy or other laws or regulations.
14. DISCLAIMERS
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ARCHIVE AND ALL ARCHIVAL MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE 92NY PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (I) WARRANTIES THAT THE ARCHIVE OR ARCHIVAL MATERIAL WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS OR SATISFACTION; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE ARCHIVE OR ARCHIVAL MATERIAL; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES THAT YOUR USE OF THE ARCHIVE OR ARCHIVAL MATERIAL WILL BE SECURE OR UNINTERRUPTED; AND (V) WARRANTIES THAT THE ARCHIVE OR ARCHIVAL MATERIAL WILL BE ERROR-FREE OR THAT ERRORS IN THE ARCHIVE OR ARCHIVAL MATERIAL WILL BE CORRECTED.
    2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ARCHIVE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE ARCHIVE OR ARCHIVAL MATERIAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF ACCESS TO THE ARCHIVE AND USE OF ANY ARCHIVAL MATERIAL IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE ARCHIVE AND ARCHIVAL MATERIAL.
15. LIMITATION OF LIABILITY
    1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE 92 NY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, INCONVENIENCE, OR OTHER INTANGIBLE LOSSES (EVEN IF THE 92 NY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE ARCHIVE OR ARCHIVAL MATERIAL UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND THE 92NY PARTIES’ AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ARCHIVE AND ARCHIVAL MATERIAL, SHALL IN ALL EVENTS BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.
    2. We may use third parties to provide certain services and features accessible through the Archive. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS.
16. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
17. PLEASE READ THIS SECTION 14 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    1. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Archive or Archival Material (collectively, "Disputes") will be resolved exclusively by final, binding arbitration between you and 92NY, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 14 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.
    2. The arbitration shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 14.
    3. To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in New York County, New York, unless the arbitrator determines, or 92NY agrees, that the matter should proceed in the county where you reside.
    4. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of Section 13 (Limitation of Liability) above as to the types and the amounts of damages for which a party may be held liable. You and 92NY also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
    5. EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
18. MISCELLANEOUS
    1. These Terms and the Privacy & Security Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Archive and Archival Material.
    2. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
    3. These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of New York. If for any reason a Dispute proceeds in court, you and 92NY: (i) agree that any such Dispute may only be instituted in a state or federal court located in New York County, New York, and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
    4. We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.
    5. Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
    6. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid, legal, and enforceable provision as comes closest to the intention underlying the invalid, illegal, or enforceable provision.
    7. Possible evidence of use of the Archive or Archival Material for illegal purposes will be provided to law enforcement authorities.
    8. Discontinuation of use of the Archive or Archival Material is your sole right and remedy for any dissatisfaction with the Archive or Archival Material.
    9. Please contact us with any questions regarding the Archive, Archival Material or these Terms at archive@92NY.org