Terms and Conditions

1. ACCEPTANCE OF TERMS New York Film Academy Student Hub provides services to you subject to the following Terms & Conditions, which may be updated by us from time to time. You can review the most current version of the Terms & Conditions at any time at: http://net.nyfa.edu/legal. By accessing and using the NYFA Student Hub, you accept and agree to be bound by the terms and provision of the Terms & Conditions. In addition, when using particular New York Film Academy (NYFA) owned or operated services, you and NYFA shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms & Conditions. 2. DESCRIPTION OF NYFA STUDENT HUB SERVICES Nyfa Student Hub provides users with access to a rich collection of resources which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the NYFA Student Hub include certain communications from NYFA, such as service announcements, administrative messages and the NYFA Newsletter, and that these communications are considered part of NYFA Student Hub membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current NYFA Student Hub shall be subject to the Terms & Conditions. You understand and agree that the NYFA Student Hub is provided "AS-IS" and that NYFA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the NYFA Student Hub, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the NYFA Student Hub. You understand that the technical processing and transmission of the NYFA Student Hub, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the NYFA Student Hub, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the NYFA Student Hub services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the NYFA Student Hub's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NYFA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NYFA has the right to suspend or terminate your account and refuse any and all current or future use of the NYFA Student Hub services (or any portion thereof). 4. MEMBER ACCOUNT, PASSWORD AND SECURITY You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NYFA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NYFA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. 5. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not NYFA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the NYFA Student Hub. NYFA does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the NYFA Student Network, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NYFA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the NYFA Student Hub. You agree to not use the NYFA Student Hub to: a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a NYFA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through NYFA Student Hub; e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the NYFA Student Hub are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the NYFA Student Hub or servers or networks connected to the NYFA Student Hub, or disobey any requirements, procedures, policies or regulations of networks connected to the NYFA Student Hub, including using any device, software or routine to bypass our robot exclusion headers; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m. "stalk" or otherwise harass another; and/or n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that NYFA may or may not pre-screen Content, but that NYFA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the NYFA Student Hub. Without limiting the foregoing, NYFA and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NYFA or submitted to NYFA. You acknowledge, consent and agree that NYFA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of NYFA, its users and the public. You understand that the NYFA Student Hub and software embodied within the NYFA Student Hub may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by NYFA and/or content providers who provide content to the NYFA Student Hub. You may not attempt to override or circumvent any of the usage rules embedded into the NYFA Student Hub. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the NYFA Services, in whole or in part, is strictly prohibited. 6. TERMS OF PROJECT SUBMISSION You represent and warrant that you own all rights to any content submitted. You will indemnify and hold harmless this site, its parent companies, subsidiaries, affiliates, customers, vendors, hosts, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from any claim or demand made by any third party due to or arising out of any content you submit. The NYFA Student Hub may distribute this post. By uploading, submitting or otherwise disclosing or distributing content for display or inclusion on this site, you give the NYFA Student Hub unlimited license in perpetuity to the content and the information therein. Your post will not be accepted if: (i) You are not a student in good standing (ii) You are attempting to solicit information about other students (iii) Your account is on a financial hold (iv) The information you submitted is incomplete (v) The posting does not follow the appropriate guidelines Any willfully erroneous postings, abuse of this website, or harassment of its members may result in disciplinary action by the New York Film Academy. Outside parties are not permitted to post to this site or its members for the purposes of soliciting work. 7. INTERSTATE NATURE OF COMMUNICATIONS ON NYFA STUDENT HUB When you register with the NYFA Student Hub, you acknowledge that in using the NYFA Student Hub to send electronic communications (including but not limited to email, search queries, uploading photos and files, and other Internet activities), you will be causing communications to be sent through NYFA’s computer networks in the United States. As a result, and also as a result of NYFA’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms and Conditions, you acknowledge that use of the service results in interstate data transmissions. 8. INDEMNITY You agree to indemnify and hold NYFA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through NYFA Student Hub, your use of the NYFA Student Hub, your connection to the NYFA Student Hub, your violation of the Terms and Conditions, or your violation of any rights of another. 9. NO COMMERCIAL REUSE OF NYFA STUDENT HUB SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the NYFA Student Hub (including Content, Software and your profile). 10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that NYFA may establish general practices and limits concerning use of the NYFA Student Hub, including without limitation the maximum number of days that email messages, project or event postings or other uploaded Content will be retained by the NYFA Student Hub, the maximum number of email messages that may be sent from or received by an account on the NYFA Student Hub, the maximum size of any email message that may be sent from or received by an account on the NYFA Student Hub, the maximum disk space that will be allotted on NYFA’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the NYFA Student Hub in a given period of time. You agree that NYFA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the NYFA Student Hub. You acknowledge that NYFA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NYFA reserves the right to modify these general practices and limits from time to time. 11. MODIFICATIONS TO THE NYFA STUDENT HUB NYFA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the NYFA Student Hub (or any part thereof) with or without notice. You agree that NYFA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the NYFA Student Hub (or any part thereof). 12. TERMINATION You may terminate your NYFA Student Hub account, any associated email address and access to the NYFA Student Hub by submitting such termination request to NYFA. You agree that NYFA may, without prior notice, immediately terminate, limit your access to or suspend your NYFA Student Hub account, any associated email address, and access to the NYFA Student Hub. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the NYFA Student Hub (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with NYFA. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in NYFA’s sole discretion and that NYFA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the NYFA Student Hub. Termination of your NYFA Student Hub account includes any or all of the following: (a) removal of access to all or part of the offerings within the NYFA Student Hub, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the NYFA Student Hub. 13. LINKS The NYFA Student Hub may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that NYFA 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. You further acknowledge and agree that NYFA 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, goods or services available on or through any such site or resource. 14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE NYFA STUDENT HUB AND SOFTWARE ARE AT YOUR SOLE RISK. THE NYFA STUDENT HUB AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYFA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. NYFA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE NYFA STUDENT HUB OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE NYFA STUDENT HUB OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NYFA STUDENT HUB OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NYFA STUDENT HUB OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NYFA STUDENT HUB OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE NYFA STUDENT HUB OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE NYFA STUDENT HUB. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE NYFA STUDENT HUB. IMMEDIATELY DISCONTINUE USE OF THE NYFA STUDENT HUB AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE NYFA STUDENT HUB: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYFA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE NYFA STUDENT HUB; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NYFA STUDENT HUB; OR (e) ANY OTHER MATTER RELATING TO THE NYFA STUDENT HUB. 16. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU. 17. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement. 18. NOTICE NYFA may provide you with notices, including those regarding changes to the Terms and Conditions, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the NYFA Student Hub, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Terms and Conditions by accessing NYFA Student Hub in an unauthorized manner. Your agreement to this Terms and conditions constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the NYFA Student Hub in an authorized manner. 19. TRADEMARK INFORMATION You agree that all of NYFA’s trademarks, trade names, service marks and other NYFA logos and brand features, and product and service names are trademarks and the property of NYFA. Without NYFA’s prior permission, you agree not to display or use in any manner NYFA’s logos and brand features. 20. GENERAL INFORMATION Entire Agreement. The Terms and Conditions constitutes the entire agreement between you and NYFA and governs your use of the NYFA Student Hub, superseding any prior version of this Terms and Conditions between you and NYFA with respect to the NYFA Student Hub. You also may be subject to additional terms and conditions that may apply when you use other NYFA services, affiliate services, third-party content or third-party software. Waiver and Severability of Terms. The failure of NYFA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your NYFA Student Hub account is non-transferable and any rights to your NYFA Student Hub account or contents within your account terminate upon your death. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NYFA Student Hub or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. 21. VIOLATIONS Please report any violations of the Terms and Conditions to support@nyfa.edu.