Terms of Use

Last Modified: Oct 15, 2024

Welcome to the website of the New York Stem Cell Foundation, Inc. These terms of use are entered into by and between you and New York Stem Cell Foundation, Inc., a New York State not-for-profit corporation (collectively “NYSCF,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://www.nyscf.org, including any content, functionality, and services offered on or through https://www.nyscf.org (the “Website”), whether as a guest or a registered user.

By using our Website, you accept and agree to comply with the following Terms of Use and to be bound and abide by the Terms of Use and our Privacy Policy, found at nyscf.org/privacy-center, incorporated here by reference. Please read the Terms of Use carefully before you start to use the Website. If you do not agree to our Terms of Use, or Privacy Policy, you must not access or use the Website. 

1. USE OF OUR WEBSITE

By using this Website, you represent and warrant that you are of legal age to form a binding contract with NYSCF and meet all eligibility requirements. If you are not of legal age to form a binding contract with NYSCF or do not meet all eligibility requirements, you must not access or use the Website. You agree to use the Website and services for lawful purposes and in a way that does not infringe the rights of others or restrict their use of the Website.

2.ACCESSING THE WEBSITE 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

3. INTELLECTUAL PROPERTY

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NYSCF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 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 NYSCF. 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. Unauthorized use of any content is prohibited.

New York Stem Cell Foundation, Inc., the terms NYSCF, NYSCF Global Stem Cell Array, the NYSCF logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NYSCF or its affiliates. You must not use such marks without the prior written permission of NYSCF. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4. CONFIDENTIALITY AND PRIVACY

Your use of the Website is subject to the confidentiality standards, which include: 

  • Not disclosing sensitive research data, proprietary research materials, or personal health information unless explicitly authorized by NYSCF.
  • Complying with HIPAA and other applicable regulations regarding patient privacy and health data protection

5. UNAUTHORIZED ACTIVITIES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to 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).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate NYSCF, a NYSCF employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names, associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NYSCF or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Attempt to gain unauthorized access to NYSCF’s internal research systems,databases, or secure areas of the Website.
  • Upload or distribute malicious software (e.g., viruses, spyware) that disrupt the Website or harm NYSCF’s services or disrupt our research activities. 
  • Misuse the Website for fraudulent activities, including falsifying research results or misappropriating research grants and resources. 
  • 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 purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

6. RESEARCH AND DATA USE

You may access research materials on the Website for educational purposes only. You must not misuse research data or engage in any unethical activity.

7. YOUR CONTRIBUTIONS

The Website may contain message boards, chat rooms, 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.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

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, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions related to research data, publications, or scientific findings are accurate, free from falsification or fabrication of data, respect the intellectual property of others, original and comply with all applicable ethical research standards, including those set by institutional review boards (IRBs), federal regulations, and applicable law, and properly attributed with full citation to original authors and sources. 
  • All of your User Contributions do not violate any laws, including those related to patient rights, intellectual property, or privacy.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NYSCF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

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. We have the right to: 

  • Remove or refuse to post any User Contributions for any or no reason at 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, including the Content Standards, 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.
  • 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 NYSCF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NYSCF, ANY OF THE FORGOING PARTIES, OR LAW ENFORCEMENT AUTHORITIES. 

​​However, we cannot 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.

8. CONTENT STANDARDS AND USE OF THE WEBSITE

These content standards apply to any and all User Contributions, use of Interactive Services, and use of the Website. When using the Website and providing any User Contributions you must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you represent and warrant that when using the Website, including when providing any User Contributions, you will not:

  • Submit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Submit any false, misleading, or inaccurate information about research data or deceive any person.
  • Collect data from the Website for any unauthorized purpose, including creating unauthorized databases.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Use the Website for any unethical or unauthorized activities, including the misuse of research content, misrepresentation of study results, or the unauthorized sharing of proprietary research data. 
  • Engage in activities that infringe upon the privacy of others, particularly in areas involving human or patient-related data, in violation of HIPAA or other applicable privacy laws.
  • Engage in any form of harassment, bullying, or intimidation in forums, chatrooms, or other interactive areas of our Services.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that you emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. 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 other users, bloggers, and 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, other than the content provided by NYSCF, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NYSCF. 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.

You acknowledge that the information on the Website is provided “as is” for general information only. The Website does not offer medical advice or recommendations and individuals should not rely on the information posted on the Website as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. NYSCF strongly recommends that care and treatment decisions related to any other medical condition be made in consultation with a patient’s physician or other qualified health care professionals who are familiar with the individual’s specific health situation. 

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 YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NYSCF NOR ANY PERSON ASSOCIATED WITH NYSCF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. 

WITHOUT LIMITING THE FOREGOING, NEITHER NYSCF NOR ANYONE ASSOCIATED WITH NYSCF 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 PROVIDED BY LAW, NYSCF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. LIMITATION OF LIABILITY

NYSCF is not responsible for any indirect damages or loss of data that may result from using our Website TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL NYSCF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE 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, 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. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO TERMINATE USE OF THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF LIABILITY IS PART OF THE AGREEMENT BETWEEN YOU, THE USER, AND NYSCF. 

11. INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless NYSCF, 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 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.

12. CONTENT CHANGES

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.

13. CHANGES TO OUR TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

14. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only are not intended as an endorsement by NYSCF of the entity operating such third party site or a warranty or endorsement of any type regarding the site or the information, services, products or messages posted on or available from such site. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. LINKING FROM OTHER SITES

NYSCF may grant you permission to use a hyperlink to the Website from a third party site, provided: (a) any such link must clearly be marked “The New York Stem Cell Foundation;” (b) the appearance, position and other aspects of either the link or the host site may not be such as to damage or dilute the goodwill associated with NYSCF or its trademarks; (c) the appearance, position and other aspects of either the link or the host site may not create the false appearance that any other entity is associated with or sponsored by NYSCF; and (d) the link, when activated by a user, must display the Website full-screen and not with a “frame” on the linked site. The owner of any site with a hyperlink to the Website agrees to the foregoing terms and agrees to delete any such link upon notice from NYSCF that such permission has been revoked, which notice may be given at any time and for any reason. Notwithstanding the foregoing, we reserve the right to withdraw linking permission without notice.

NYSCF is not responsible for the information or materials contained on sites linking to the Website. Links to the Website are provided for convenience of reference only and are not intended as an endorsement by NYSCF of the organization or individual operating the host site or a warranty of any type regarding the host site or the information on the host site.

16. FACES OF THE FOUNDATION SUBMISSIONS

NYSCF reserves the right to edit your photo for technical reasons (e.g. to crop it or convert it from color to black and white, in order to meet the Website specifications). If after viewing your edited photo you have concerns or wish to have it removed, please contact us.

17. GEOGRAPHIC RESTRICTIONS

The owner of the Website is located and headquartered in the State of New York in the United States. Although the Website can be accessed from all 50 states, as well as from other countries around the world, 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.

18. TERMS OF USE VIOLATIONS 

NYSCF reserves the right to take any action deemed necessary if you violate the Terms of Use. You agree that we may, at our sole discretion and without prior notice, terminate your access to the Website if you violate the Terms of Use or for any other reason. You agree that we may report violations to law enforcement or regulatory authorities where there is a risk to public health, safety, or research integrity. You also agree that we may disclose any information we have about you, including your identity, if we determine that such disclosure is needed in connection with any investigation or complaint about your use of the Website or to identify, contact, or bring legal action against you or someone who may be injuring or interfering with our rights or property or the rights of users of the Website. 

19. REPORTING A BREACH

We will investigate all reports and take appropriate action to address any breach of the Terms of Use. If you become aware of any violation of the Terms of Use, please notify us immediately by contacting:

Email: techsupport@nyscf.org

Phone: (212)-787-4111

20. WAIVER AND SEVERABILITY

​​No waiver by NYSCF of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NYSCF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

21. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court for the Southern District of New York or the courts of the State of New York, in each case located in New York City and New York County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country in our sole discretion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, Cookies Policy, and Data Subject Access Request Policy constitute the sole and entire agreement between you and NYSCF regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.