Terms of Use

Terms of Use

Effective October, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Yeshiva University, through its Center for the Jewish Future (“YU”), operates www.Rabbanan.org (the “Site”) for our visitors, members and contributors.  The Site is being provided under the following terms and conditions and any operating rules, policies, procedures and terms related to the use of certain software and/or content of the Site that may be published from time to time on the Site by YU (collectively, the “Terms of Use”).

The Terms of Use govern visitors’ (“Visitors”) access to and use of the public areas of the Site (“Public Areas”) as well as Members’ (as defined below, and collectively with Visitors, “Users”) access to and use of certain restricted areas and features of the Site (“Member Areas”).  Unless otherwise indicated, the term “Site” as used throughout the Terms of Use shall include the Public Areas and the Member Areas.  For the purposes of the Terms of Use, “You” or “Your” shall refer to you as a Visitor to or Member of the Site.

The Site is controlled and offered by YU from its facilities in the United States of America.  YU makes no representations that the Site is appropriate or available for use in other jurisdictions.  If You are a non-U.S. resident and access the Site, You do so at Your own risk and are responsible for compliance with local laws and regulations.  You may not access, download, use or export the Site or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

CAUTION: READ THE FOLLOWING TERMS OF USE CAREFULLY.  By accessing and using the Site, registering for a Member account on the Site and/or submitting Content for it, You agree that You have read and understood and agree to be bound by the Terms of Use.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE USER TO THE TERMS OF USE.  IF A user IS NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT register for the Site or otherwise USE the Site.  YOU REPRESENT TO US THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.  IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF USE ON YOUR BEHALF. 

Use of Website

Subject to the Terms of Use, YU hereby grants You a nonexclusive, nontransferable right to (a) access the Site; (b) access the information, materials, research, studies, reports, text, images, marks, logos, graphics, sound files, animation files, video files and any other material or content made available through the Site (the “Content”) and (c) download, print, translate, and use the Content for Your personal use or in a normal rabbinic capacity for non-commercial, educational purposes (e.g., classes, sermons, articles, etc.); provided that, as reasonably appropriate, You properly credit YU and the copyright owner as follows:

All Content is proprietary to YU and/or its contributors, and are protected by U.S. and international intellectual property and related laws.  Except for Content You post to the Site, which is subject to the terms set forth below, title to all Content remains with YU and/or the contributors of such Content.  Any use of the Content not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate intellectual property and related laws.  All rights not expressly granted herein are reserved by YU.  Any questions regarding use of the Content should be directed to Rabbinicprogramming@yu.edu.

You may not modify any Content and may not remove any copyright, trademark or other legal or proprietary notices contained on or in the Content.  You are prohibited from using any of the marks or logos appearing on the Site without express permission from the owner, unless otherwise permitted by applicable law.  You will protect the Content from unauthorized copying or use.  Except as specifically permitted in the Terms of Use, You shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed, or use the Site in any manner which violates the Terms of Use or any applicable laws; (iii) reverse engineer, decompile, disassemble or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law); or (iv) except as expressly provided herein, copy, reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content, or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv).  Reproduction of the Content in any form or by any means, including, but not limited to, information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without YU’s written permission is forbidden.

You agree that You will not disable, overburden or impair the proper working of the Site.  You will only use the Site for lawful purposes.  Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms of Use and is a violation of law.  Upon reasonable request, You will provide YU with evidence of compliance with the obligations set forth in this Section.  Any special rules for the use of certain software and other Content accessible on the Site may be included elsewhere within the Site and are incorporated into the Terms of Use by reference.

Eligibility and Registration

The Member Areas may be made available by YU to individuals that complete the registration form and can form legally binding contracts under applicable law (each, a “Member”).  In order to use the Member Areas, a Member must: (a) provide certain current, complete, and accurate information about the Member on the registration form (“Registration Data”); (b) maintain and update the Registration Data as required to keep information current, complete, and accurate; (c) provide all equipment, including, without limitation, a computer, necessary to establish an Internet connection; (d) provide for the Member’s own access to the Internet; and (e) pay any service fees associated with such access.  YU retains the right to terminate a Member’s account and the Member’s rights to use the Member Areas if any Registration Data that the Member provides is untrue, inaccurate, not current or incomplete, or if YU has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current or incomplete, or if the Member otherwise breaches the Terms of Use.

Account Password and Security

Access to and use of the Member Areas is through a combination of a unique user name (“Username”) and a password (“Password”) designated by the Member on the registration form.  Each Member is responsible for maintaining the confidentiality of his, her or its own Username and Password.  Furthermore, each Member is entirely responsible for any and all activities which occur under his, her or its Username and Password.  The Member agrees to immediately notify YU of any unauthorized use of the Member Areas or a Member’s account or any other breach of security known to the Member.  Although YU will not be liable for losses caused by any unauthorized use of the Member’s account, the Member may be liable for the losses of YU or others due to such unauthorized use.  The Member is solely responsible for (a) any charges, damages or losses that may be incurred or suffered as a result of the Member’s failure to maintain the strict confidentiality of his, her or its Username and Password; and (b) promptly informing YU in writing of any need to deactivate any Username and/or Password due to security concerns.

Privacy Policy

Registration Data and other information, including, without limitation, personally identifiable information, about Users will be treated in accordance with the Site’s Privacy Policy.  In addition to the restrictions on disclosure of Registration Data as set forth in the Privacy Policy, YU will not disclose any personally identifiable information about a User unless authorized by that User or unless YU is required to do so by law or in the good faith belief that such action is necessary to:  (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of YU; or (c) enforce the Terms of Use.

User Conduct

You agree that when using the Site and/or submitting Content for the Site, You will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, You specifically agree that:

–          You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulation or law.

–          You will not post information on or download information from the Site unless You have all rights and authority necessary to do so.

–          You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or otherwise objectionable material or information to the Site, including, but not limited to, text, graphics, audio, and video files.

–          You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of YU.  You may express Your disagreement with someone’s point-of-view, but personal attacks or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.

–          You will not impersonate another person or entity, including, but not limited to, a YU representative or communicate under a false name or a name that You are not entitled or authorized to use.

–          You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations or other similarly disruptive content.

–          You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.

–          You will not post any files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.

–          You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, YU servers, YU software or any areas of the Site not intended for Your access.

–          You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas expressly designated by YU for such purposes.

–          You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.

–          YU neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of YU.  You acknowledge that YU is not responsible for and does not assume any liability for the comments and opinions expressed by Users, including, without limitation, with respect to the aforementioned activities.  If You believe Your account or Your access to the Site has been terminated in error, please contact YU.  YU shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.

YU attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior.  However, YU cannot and does not monitor the Site at all times and makes no guarantee with respect to Your experience.  Anyone who feels that a posted message or image is objectionable is encouraged to notify YU immediately.  In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.

User Content

In YU’s discretion, it may permit You to submit content and/or other communications (“User Content“).  You understand that, whether or not such User Content is published, YU does not guarantee any confidentiality with respect to any User Content.

By submitting User Content for the Site, You represent, warrant and agree that:

–          The User Content is original and genuine; and You are the sole and exclusive author and owner, or have the necessary licenses, rights, consents, and permissions to use and authorize YU to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and the Terms of Use.

–          The User Content does not infringe any intellectual property or other proprietary right (statutory, common law or otherwise) of another person or entity.

–          The User Content does not contain any matter that is defamatory, injurious, scandalous, obscene or libelous, that violates another’s civil rights or right of privacy, or that is otherwise unlawful.

–          You have the right to submit the User Content to the Site without restriction and grant the rights and licenses described herein.

You acknowledge that You shall be solely responsible for Your own User Content, the consequences of posting or publishing it, and any person’s reliance on such User Content.

For clarity, You retain all of Your ownership rights in Your User Content.  Notwithstanding the foregoing, You hereby grant to YU a perpetual, non-exclusive, worldwide, irrevocable, sublicensable, transferable, royalty-free and fully paid-up license to use, reproduce, distribute, display, perform, prepare or create derivative works of and otherwise exploit the User Content, in whole or in part, submitted by You to YU, for any purpose, in any media formats and through any media channels.  You further hereby grant each User of the Site a perpetual, non-exclusive, irrevocable license to access Your User Content through the Site, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Site and under the Terms of Use.  You understand and agree, however, that YU may retain, but not display, distribute or perform, server copies of User Content that have been removed or deleted.

YU does not endorse any User Content or any opinion, recommendation or advice expressed therein, and YU expressly disclaims any and all liability in connection with User Content.  YU has the right not to use any User Content submitted and/or use as much or as little as it may choose in its discretion.  YU has the right to remove any User Content without notice at any time in its discretion.  YU reserves the right (but is not obligated) to, without limitation: (a) record User Content; (b) investigate any allegation that User Content does not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the User Content; and/or (c) monitor, edit or disclose any User Content.

Copyright Notification

YU does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and will remove Content, including, without limitation, User Content, if properly notified that such content infringes on another’s intellectual property rights.  If You are a copyright owner or an agent thereof and believe that any User Content or other Content in any area of the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing YU’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

a.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d.  Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;

e.  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; and

f.  A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact YU’s designated Copyright Agent here to send notifications of claimed infringement.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YU through the Contact Us area of the Site.  You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.

Links to and from the Site

The Site may provide links to other websites or resources.  YU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  YU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.  YU provides these links and references to You only as a convenience.  Unless otherwise expressly stated, a link does not imply YU’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and YU does not accept any responsibility therefore.  If you would like to link to the Site, please contact YU by email at rabbinicprogramming@yu.edu.

Disclaimer of Warranties

Your use of the site is solely at your risk.  The Site is provided by YU on an “as is” and “as available “ basis.  YU disclaims all representations or warranties of any kind, either express or implied, including, but not limited to, representations and warranties as to the accuracy or reliability of the Content, as to the availability of the Site at any particular time or location, as to the correction of any defects or errors in the Site, or that Content is free of viruses or other harmful components.  YU cannot and does not guarantee that content available for downloading will be free of infection by software viruses or other harmful computer code, files or programs.  YU disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  YU MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES YU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YU OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.  ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.

Limitation of Liability

Under no circumstances will YU be liable for any damages, including direct, indirect, punitive, incidental, special or consequential damages (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS), that result from the use of or inability to use the Site, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA.  This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if YU has been advised of the possibility of such damage.  THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE.  EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH herein ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.  Notwithstanding the foregoing, YU’s liability in jurisdictions which do not allow the exclusion or limitation of incidental or consequential damages shall be limited to the fullest extent permitted by law but shall, in no event, exceed $100.00.

Disclaimer of Legal Advice

Any comments, opinions, recommendations, answers, analysis, references, referrals or legally-related content or information posted or made available on or through the Site (collectively “Legal Information”) is not intended to create an attorney-client relationship between You and any attorney.  Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing Your legal issues.  It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in Your jurisdiction about Your specific legal issue, and You should not rely upon such Legal Information.  You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

Indemnification 

You agree to indemnify, defend and hold harmless YU and its divisions and related and affiliated entities and their respective trustees, committee members, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with, (a) Your use of or access to the Site and/or the Member Areas, (b) Your violation of the Terms of Use, or (c) Your posting, or the posting by any other person using Your User Name or Password, of any User Content.

Trademarks

YU and YU’s logo and other product and service names of YU are trademarks of YU (the “YU Marks”).  You agree not to display, reproduce or otherwise use in any manner any of the YU Marks without YU’s prior written permission.

User Feedback

YU is pleased to hear from Users and welcomes Your comments regarding the Site.  If You send YU Your feedback, ideas and materials via the Site, please understand that by submitting the information to YU, You irrevocably assign YU, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit.  YU will be entitled to use any information and materials You submit through the Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to YU that You have the right to do so.

Modification, Waivers and Integration 

YU may modify the Terms of Use at any time and from time to time.  Upon any material modification to the Terms of Use, YU will provide You with notice by posting the modified Terms of Use, together with a description of the modifications made, on the Site.  The modified Terms of Use will be effective immediately upon its posting on the Site.  Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes Your agreement to abide and be bound by such terms, as modified.  Should You object to any modification, Your sole recourse is to terminate Your use of the Site.  The Terms of Use may not otherwise be modified, except in a writing signed by both parties.  YU reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to You, and is not obligated to support or update the Site.  YU shall not be liable to You or any third party in the event that YU exercises its right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to the Terms of Use.  No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy.  No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.  The Terms of Use constitute the entire agreement of the parties with respect to the matters contemplated hereby.

Notices

Any notice or other communication required or permitted to be made under the Terms of Use may be delivered in person, by facsimile, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means.  Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by facsimile during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means.  In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of YU, below, or (ii) in the case of the Member, in the registration form.  Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Site or by sending a notice to the other party in writing or by electronic means promptly confirmed in writing.  Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of the Terms of Use, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of YU, below, or (2) in the case of the Member, in the registration form.  Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form.  YU may also broadcast notices or messages on the Site, or other matters of importance; such broadcasts shall constitute notice to Users.

Assignment 

You shall not assign or otherwise transfer the Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without YU’s prior written consent, such consent not to be unreasonably withheld.  Any attempted transfer or delegation by You without YU’s consent will be void.  The Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.

Severability

The invalidity or unenforceability of any one or more sections of the Terms of Use shall not affect the validity or enforceability of its remaining provisions.

Applicable Law and Jurisdiction

By accessing and using the Site and/or by submitting Content, You agree with YU that all matters arising from or relating to the use and operation of the Site will be governed by the internal laws of the State of New York, without regard to its conflicts of laws principles.  You agree that all claims You may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of the State of New York.  The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address (a) if YU is the recipient, set forth below and (b) if the Member is the recipient, set forth in the registration form.  TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THE TERMS OF USE.

Acknowledgement

You acknowledge that You have read and understand the Terms of Use, and that the Terms of Use have the same force and effect as a signed agreement.

Andrew J. Lauer, Esq.
2495 Amsterdam Avenue
New York, NY 10033-3201
voice: 212-960-0153
fax: 212-417-7358
e-mail: andrewlauer@yu.edu