Last updated: May 6, 2019

Welcome to the Spaceworks NYC website and social media platform at www.spaceworksnyc.org (the “Website”), which is owned and operated by [Spaceworks NYC, Inc.] (“Spaceworks NYC”).  The following terms and conditions (“Terms of Use”) apply when you view or use the Website online or by accessing the Website through any mobile application.

These Terms of Use do not change or alter any other contract, policy or agreement between you and Space Works NYC. Throughout these Terms, the terms “we,” “us,” and “our” refer to Spaceworks NYC and the terms “you” and “your” refer to any visitor to or user of the Website. Access to and use of the Website, is subject to all applicable laws and regulations as well as these Terms of Use and our Privacy Policy (“Privacy Policy”) (located at

https://spaceworksnyc.org/privacy-policy/) which set forth the legally binding terms related to your access and use of the Website.

ACCEPTANCE OF THESE TERMS OF USE: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START USING THE WEBSITE.  BY BROWSING, ACCESSING, OR USING THE WEBSITE, YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE AND OUR PRIVACY POLICY AND YOU AGREE TO BE LEGALLY BOUND THEREBY. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS IN THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE AND MUST IMMEDIATELY EXIT AND MAKE NO FURTHER USE OF THE WEBSITE.

Changes to These Terms of Use

We may modify, amend, or make additions to these Terms of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. It is your sole responsibility to check the Website from time to time to view any such changes. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. However, we may notify you of material chances to these Terms of Use by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. You should keep your contact and profile information current in order to receive such updates.

No changes to these Terms (other than as set forth in this section) or waiver of our rights hereunder will be valid or effective except when set forth in a written agreement bearing the physical signature of an officer or director of Spaceworks NYC. No actual or purported waiver or modification of these Terms by Spaceworks NYC via telephonic or email communications will be valid.

Privacy Policy

We respect your privacy as a Website user.  Please refer to our Privacy Policy which explains how we collect, use, and disclose information in connection with the Website.  These Terms of Use are incorporated into the Privacy Policy by reference; when you access or use the Website, you signify your agreement to the Privacy Policy.

You Must Be At Least 18 Years of Age

By using the Website or providing us with any information as a result of your use of the Website, you represent and warrant that you are at least eighteen (18) years of age or of legal age to form a binding contract with Spaceworks NYC. If you do not meet all of these requirements, you must not access or use this Website. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

Use of the Website

You represent that all of the information, data, and other materials you provide on the Website is true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website.

You represent and warrant that you will only use the Website only for lawful purposes and in accordance with these Terms of Use. You agree that you will not, under any circumstances, use the Website:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
  • to post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive or for the promotion of illegal activities;
  • to engage in conduct that would reasonably be viewed as bullying, harassing, abusing, or harming another person or group, or attempt to do so;
  • to gain access to and use another user’s account without permission or give another access to your account;
  • to provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Website;
  • to publish or link to malicious content intended to damage or disrupt another user’s browser or computer; or
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • use any device, software, or routine that interferes with the proper working of the Website.
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • attempt to interfere with the proper working of the Website.
  • link or deep-link to the Website for any purpose except as described in these Terms of Use.
  • frame the Website, place pop-up windows over its pages, or otherwise affect the display of the Website.
  • display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website.

Account Security

In order to access specialized portions of the Website, to purchase products and/or to receive messages from us you may be asked to create a personalized account which includes a unique user name and a password.  If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any liabilities, losses, or damages to you or any third party arising out of the unauthorized use of your user name, password and/or account.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Posting, Content, and Content Rules

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. For example, when you create an account on the Website, you may create a profile, post, comment, interact with others, and otherwise contribute to Website content (.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, royalty-free, sublicensable, transferable, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform/display, and make derivative works of all such User Contributions and your name, voice, and/or likeness as contained in your User Contributions, if applicable, in whole or in part, and in any form, media or technology now known or hereafter devised, for use in connection with the Website and Spaceworks NYC.  By posting any User Contributions on or via the Website you represent and warrant that you have the right and authority to grant the foregoing rights in such User Contributions. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. Additionally, we are not responsible for any third party display or misuse of your User Contributions.

You are solely responsible for the User Contributions that you post, upload, link to or otherwise make available via the Website, and you and not Spaceworks NYC, have full responsibility for such content including its legality, reliability, accuracy and appropriateness.  You understand and agree that any liability, loss, or damage that occurs to you or any third party as a result of the use of any User Contributions that you make available or access through your use of the Website is solely your responsibility.  By transmitting and submitting any User Contributions while using the Website, you agree as follows:

  • You are solely responsible for your account and the activity that occurs through your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not post content that violates the legal rights of others, including content that is copyrighted or subject to third party proprietary rights, including without limitation trademark, privacy, publicity, trade secret, or patent, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You will not post content that contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • You will not post content that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • You will not post content that promotes any illegal activity, or advocate, promote, or assist any unlawful act.
  • You will not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • You will not give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • We have the right to determine whether any of your User Contributions are appropriate and/or comply with these Terms of Service, and to remove any or all of your submissions and terminate your account with or without prior notice in our sole discretion;
  • All of your User Contributions do and will comply with these Terms of Use.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Spaceworks NYC.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SPACEWORKS NYC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPACEWORKS NYC DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SPACEWORKS NYC OR LAW ENFORCEMENT AUTHORITIES.

At our discretion, we may monitor and/or record user interactions with the Website directly or using technology. We also reserve the right to remove any User Contributions from the Website in our sole discretion.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reporting User Contributions

If you become aware of misuse of our Website or User Content that you believe violates these Terms of Use, please contact us at media@spaceworksnyc.org.

Website Content Disclaimer

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Spaceworks NYC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Additionally, you understand that Spaceworks NYC coordinators, employees and volunteers may retain individual user accounts, and that User Content or other materials posted through those accounts are not posted on behalf of Spaceworks NYC.

Spaceworks NYC takes no responsibility and assumes no liability for any User Contributions that you or any other user or third party posts or sends over the Website. Under no circumstances will Spaceworks NYC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.

Though we try to enforce these Terms of Use, you may be exposed to User Contributions that are inaccurate or that you find objectionable.  We reserve the right to monitor the materials posted in the public areas of the Website, to limit or deny any user’s access to the Website, or take other appropriate action if a user violates these Terms of Use or engages in any activity that we determine violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious; however, we have no affirmative obligation to undertake any of these actions.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Links and Materials Outside the Website

We or other users may provide you with links on the Website to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Content”).  We have no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these them, and we do not monitor or check any Third Party Sites or Third Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third Party Site or Third Party Content does not imply approval or endorsement thereof by Spaceworks NYC. If you decide to leave the Website and access any Third Party Sites or to use or install any Third Party Content, you do so at your own risk.  You should review any terms or policies, including privacy practices and terms of use, of any site to which you navigate to from the Website or any software or applications you use or install.

Spaceworks NYC Intellectual Property

You acknowledge and agree that the Website and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, audio and the design, selection, and arrangement thereof) are owned by us and our licensors, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property and other proprietary rights laws.  The Spaceworks NYC name and all related names, logos, product and service names, designs, and slogans are trademarks of Spaceworks NYC or its affiliates or licensors. You must not use such marks without the prior written permission of Spaceworks NYC. Other product and company names that are mentioned on the Website may be trademarks owned by third-parties.

You must not modify copies of any materials from this Website or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Spaceworks NYC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright Infringement Notices

We respect the intellectual property rights of others and requests that Website users do the same.  We may remove content posted if it infringes upon the intellectual property of a third-party, and we may terminate access of Website users who are found repeatedly to provide or post third party content without proper rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may notify us of this infringement by sending an email to us at media@spaceworksnyc.org.

Mobile Services

The Website may be available via mobile devices.  When accessing the Website through a mobile device, you agree to be responsible for all of your wireless service carrier’s standard charges, data rates and other applicable fees.  You agree that your use of the Website will comply with the usage rules established by your service provider and agree to be solely and fully liable to the extent your use of the Website do not comply with such usage rules.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

No Email Notice to Spaceworks NYC

Communications made by email or through the Website’s email and messaging system will not constitute legal notice to Spaceworks NYC or any of its officers, coordinators, volunteers, agents, or representatives in any situation where notice to Spaceworks NYC is required by contract, law, rule, or regulation.

User Consent to Electronic Communications

For legal and contractual purposes, you (a) consent to receive communications from Spaceworks NYC in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Spaceworks NYC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Spaceworks NYC and special offers. You may opt out of such email by changing your account settings or sending an email to media@spaceworksnyc.org or mail to the following postal address:

Spaceworks NYC
540 President Street, Unit 2E
Brooklyn, NY 11215

Opting out may prevent you from receiving messages regarding Spaceworks NYC or special offers.

WARRANTY DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SPACEWORKS NYC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. NEITHER SPACEWORKS NYC NOR ANY PERSON ASSOCIATED WITH SPACEWORKS NYC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE SPACEWORKS NYC NOR ANYONE ASSOCIATED WITH SPACEWORKS NYC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED ON OR THROUGH THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF DAMAGES; RELEASE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPACEWORKS NYC, ITS AFFILIATES, DIRECTORS, COORDINATORS OR VOLUNTEERS, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR THE SOFTWARE SYSTEMS THAT MAKE THE WEBSITE AVAILABLE INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

In addition to and without limiting the foregoing, you release us (and our officers, directors, agents, subsidiaries, coordinators, volunteers, and employees) from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with any dispute you have with any other Website user(s).

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Geographic Restrictions

Spaceworks NYC is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to defend, indemnify, and hold harmless the Spaceworks NYC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

General

If any part of Terms is held invalid or unenforceable, that portion of Terms will be construed consistent with applicable law and all remaining portions will remain in full force and effect. No failure on the part of Spaceworks NYC to enforce any provision of this Agreement will be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Spaceworks NYC must commence within ONE (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.  Any lawsuit arising from or relating to these Terms of Use will be brought in the Federal or State courts located in New York County, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any defense of forum non conveniens.

Spaceworks NYC may assign or delegate these Terms of Service and/or the Website Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Spaceworks NYC’s prior written consent, and any unauthorized assignment and delegation by you is void.

Contact Us

If you have any questions, comments or complaints regarding these Terms of Use or the Website, please contact us at media@spaceworksnyc.org.