Terms and Conditions of Use
THE BROOKLYN INSTITUTE FOR SOCIAL RESEARCH (“BISR”) is an interdisciplinary teaching and research institute that offers critical, community-based education in the humanities and social sciences. Working in partnership with local businesses and cultural organizations, we integrate rigorous but accessible scholarly study with the everyday lives of working adults and re-imagine scholarship for the 21st century.
Your Acceptance of These Terms and Conditions of Use
These Terms and Conditions of Use apply to your use of the BISR website (“Site”) and the services provided by us.
By using this Site, you agree that you have read and understood these Terms and Conditions of Use (“Terms”) and agree to be legally bound by these Terms, and to comply with all laws and regulations governing use of this Site. If you do not agree to these Terms and our Privacy Policy, please do not use this Site.
The words “you” or “your” applies to individuals or organizations.
The words “we” or “our” or “us” apply to BISR.
We reserve the right to make changes to this Site and to these Terms at any time. Any change will be prospective (unless retroactive effect is legally required). Your continued use of this Site will mean your acceptance of any new or changed terms. We reserve the right to deny, in our sole discretion, any User access to the Site without notice.
User Definitions
Visitors access our Site but do not engage with us.
Participants enroll in our courses and programs.
Supporters are financial supporters of BISR via membership or donation.
Subscribers are individuals or organizations who pay fees to subscribe to our “Late Light” Journal and any other publications we produce and offer on fee for subscription basis.
Instructors, Contributors and BISR Staff.
Visitors, Participants, Supporters, Subscribers, Instructors, Contributors and BISR Staff are all “Users.” All User Information is governed by our Privacy Policy.
Your Account, Password and Security
If you enroll in our courses and programs as a Participant, donate to BISR, or open a Member or Subscriber Account with us, please complete the registration with complete and accurate information. You may choose but are not required to create an Account with a username and password in order to participate in programs, support BISR, or subscribe to our publication. You are responsible for the confidentiality of your Account information and for all activities under your Account. You will notify us immediately of any unauthorized use or theft of your Account.
We will not be liable for any loss you may incur as a result of someone else using your Account unless the fault is solely due to our gross negligence or willful misconduct. You will be liable for losses incurred by us due to someone else using your Account because you did not adhere to security precautions. You may not use anyone else’s Account at any time. Your Account is personal to you and you may not transfer or make your Account available for others. Any distribution by you of your Account may result in its cancellation.
Subscription Agreement
The offerings in the Subscription Plans for our publications and the applicable Fee Schedules are posted on our Site.
Access and Fees: Your Access to the Subscription Plan you select commences when your credit card or debit card payment is processed through the Stripe payment gateway and charged accordingly.
You will not be charged a fee for a publication unless you are a Subscriber to that publication. Subscribers must be of lawful age or have parental consent.
You are responsible for providing us with current, complete and accurate billing information to avoid any interruptions to your access to the subscription.
Cancellation Notice: You may cancel your annual subscription or not consent to renewal on the Site. For cancellations prior to the end of an annual period, there is no refund available.
Effective Date: You will continue to have access to your subscription throughout the year (or other subscription period) even if you cancel before it expires.
Content
“Content” means the course descriptions, instructor bios, articles, interviews, conferences, programs, data, communications, images, sounds, software and all the Content and information made available from the Site, or from subscriptions, whether owned, licensed and/or otherwise made available by us or by our contributors.
You acknowledge and agree that we may use built-in tracking features to obtain information about your use of the Site and you agree that this information is deemed Content. We reserve the right to disclose any Content to satisfy any law, regulation, legal process or lawful governmental request.
Limited Use License
We hereby grant you a personal, non-exclusive, non-transferable and non-assignable, limited use license to operate and display, for noncommercial and personal use only, one copy of any Content that you are expressly authorized to download from this Site, (“Downloaded Content”); provided you maintain all copyright and other proprietary notices in or associated with the Downloaded Content. The Downloaded Content is provided on an “AS IS” basis without warranty of any kind and is subject to the disclaimers and limitations of liability below.
You acknowledge and agree that you may not sublicense, assign or otherwise transfer this limited use license. You may not modify, alter or create any derivative works of any Downloaded Content. We reserve the right to revoke this limited use license at any time, without notice and in our sole discretion.
You may not attribute or suggest any endorsement or approval by us of your use of the Downloaded Content in any manner.
Fees Charged by Third Party Sites
We may provide links to other websites, some of which may charge fees. Any charges you incur in your dealings with these third parties are your responsibility.
Restrictions and Conditions of Use
You will not use the Site for any purpose that is unlawful or prohibited in these Terms. You may not use the Site in any manner that could damage or impair any BISR server, or the network(s) connected to any BISR server, third party servers or interfere with the use of our Site by others. You may not attempt to gain unauthorized access to any Accounts, computer systems or networks connected to any BISR server or third-party server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content or information through any means not intentionally made available through the Site.
Statements made in courses and programs reflect only the views of their speakers. We specifically disclaim any liability and any actions resulting from your participation in our courses and programs.
You acknowledge and agree that your communications with other users during or after the courses and programs are not private communications and you have no expectation of privacy concerning your use of the courses. However, BISR itself will not disclose any of your personal information or communications in our classes, programs or otherwise when you interact with us. We have no control over what other participants may say about their interaction with you in our classes or otherwise. You acknowledge that your name, address, occupation and any Personal Information you decide to communicate to other non-BISR course or program participants may be seen and used by others and result in unsolicited communications. We are not responsible for information that you choose to communicate to other users.
Code of Conduct
You agree that you may not access or use the Site in order to:
1. Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
2. Publish, post, upload or disseminate hate or obscene speech and images.
3. Violate the intellectual property rights of others.
4. Upload files that contain viruses or any other software or programs that may damage the operation of the Site or other users’ computer.
5. Except as authorized by BISR, advertise or offer to sell or buy any goods or services.
6. Falsify, delete or disable any copyright management information, such as author attributions, legal or other notices or proprietary designations or labels of the source of software or Content.
7. Collect personal information about others, including e-mail addresses, or use such information to send unsolicited e-mails.
8. Create a false identity to mislead others, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9. Attempt to get a password or other Account information for any User of our Site.
10. Make false reports to BISR Site administrators.
11. Conduct fraudulent transactions or create any harm to BISR and its Users.
Ownership
The Site, including, without limitation, all Software and Downloaded Content produced by Brooklyn Institute for Social Research, contains copyrighted Content, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and applets incorporated into the Software and character data). The Brooklyn Institute-produced contents of the Site and each area contained therein are copyright protected as a collective work under the United States and other countries’ copyright laws. BISR (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that BISR or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Brooklyn Institute-produced Content posted on the Site and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
Termination of Account
We have the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the Content available through the Site or any change in such Content; or (3) your ability to access or use the Content. You can cancel your Account(s) at any time by following the procedures made available on our Site or in our digital communications with you.
Warranties, Disclaimers of Warranties and Limitations of Liability
We warrant the Site, Software, and Content on an “AS-IS” and “AS-AVAILABLE” basis for your use, without express or implied warranties or conditions of any kind.
We warrant that we provide the Site on a commercially reasonable basis. We do not warrant that you will be able to access or use the Site at all times or locations of your choosing. We do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Site. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from.
We do not warrant the accuracy or completeness of the information presented on the Site.
WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU FROM DELAYS, ERRORS, SYSTEM DOWN TIME OR SERVICE INTERRUPTIONS CAUSED BY US OR BY YOUR OR ANY OTHER USER’S ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT OR USE OF THE SITE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE, AND TO CANCEL YOUR ACCOUNT(S). WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL BISR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA OR USE, PRODUCT LIABILITY, PERSONAL INJURY OR DEATH, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM THE USE OF THIS SITE OR ARISING OUT OF THE USE OF OR RELIANCE ON THE CONTENT AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER BISR OR AN AUTHORIZED BISR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Sites
THE LINKED SITES ARE NOT UNDER OUR CONTROL AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. WE ARE NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. WE ARE NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE MAKE NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
Notices
All notices given by you or required under these Terms shall be in writing and sent to info@thebrooklyninstitute.com. We may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address on record in our Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in our Account information.
Any claim relating to this Site or your use of it is governed by and interpreted under the laws of the State of New York without reference to its conflict of laws principles. Any dispute relating to this Site or your use of it will be brought in, and you hereby consent to the exclusive jurisdiction and venue, of the courts sitting in Brooklyn, New York.
Privacy Policy
See our Privacy Policy which is incorporated into and forms a part of these Terms.
Copyright Notice
All BISR Content, design and layout of the Site: Copyright © 2022 Brooklyn Institute for Social Research. All rights reserved.