The New School and Parsons Entrepreneur Academy and their respective successors and assigns (“we,” “us,” or “our”) welcome you. Parsons Entrepreneur Academy provides a suite of offerings including learning programs, networking opportunities, and mentorship opportunities for creative entrepreneurs. We have agreed with our partners to maintain websites and subdomains for our collection of offerings (collectively, the “Sites”) in furtherance of our mission.
We may update these Terms from time to time. Each time you use any of the Services, the current version of the Terms will apply. Accordingly, when you use the Services, you should check the date of the Terms (which appears at the bottom of this page) and review any changes. If you do not agree with the Terms, you may not access or otherwise use the Services. Where applicable under law, these Terms constitute a writing signed by you.
We respect the intellectual property rights of others, and we ask that you do the same. Except for any third-party content used as part of the Sites, the data and materials on the Sites, including without limitation, text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Sites (collectively, “New School Content”) are the intellectual property of The New School. New School Content is protected by copyright, trademark, and other intellectual property laws and all ownership rights remain with us. We reserve all rights in and to New School Content. New School Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated, or otherwise used without the express written permission of The New School.
We reserve the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Services, Users, and the rights and property of The New School and its affiliates. If you violate these Terms, your permission to use the Services automatically terminates and you must immediately destroy any copies you have made of the New School Content.
If you wish to request permission to use any New School Content in a manner otherwise prohibited under these Terms, please contact us.
You may have the option to view a limited amount of New School Content without registering with The New School, but as a condition of using certain aspects of the Services, you will be required to create a User Profile. By creating a User Profile, you agree not to share it with anyone. You acknowledge that we will treat anyone who logs in using your User Profile as “you.” We will provide this User with all the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your password in confidence and that you refrain from disclosing this information to anyone.
You agree to notify us immediately of any unauthorized use of your password or User Profile or any other breach of security. We may, for security or other reasons, require you to change your username and/or password or issue new ones to you. We reserve the right to cancel your username and password without notice if we become aware of any breach of these Terms.
Certain Services may require payment. Payment must be made in full prior to accessing these Services. Charges are expressed in U.S. Dollars. Rates for Services may change over time and are effective the date they are posted to the Sites.
When you use a Service that requires payment, you will have the opportunity to review and accept the fee(s) that you will be charged. Failure to accept the fee(s) will prevent your access to the Service.
For Services that require recurring payments or subscriptions, you may cancel these at any time. You will have continued access to these Services for the duration of the period for which you have already paid, after which your access will terminate.
We do not offer refunds for Services purchased.
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links, and other content, in any form (“User Submissions”) that you submit, upload, publish, post, or display on or through the Services. While we have the right to monitor activity and content associated with the Services, and may choose to prescreen User Submissions, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that we may use certain automated filters and other tools to block spam and to categorize and arrange User Submissions on the Services. We may, but will have no obligation to, remove or limit access to User Submissions originating from any User we believe in our sole discretion to be unlawful, abusive, harassing, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Under no circumstances do we have any obligation to verify the accuracy, timeliness, or truthfulness of any User Submissions, nor to monitor any User on the Sites. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submissions that you post or store on the Services.
You understand that we and our affiliates are not responsible for User misuse or misappropriation of any content or information that you post anywhere on the Services.
You understand that in using the Services, you may be exposed to User Submissions that you find offensive, indecent, or objectionable. You may contact us to inform us of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content, or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any User Submissions including, but not limited to, errors or omissions in any User Submissions, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submissions posted, emailed, transmitted, or otherwise made available via the Services.
In posting any User Submissions, you represent that you have all rights necessary to post such User Submissions without violating any intellectual property or other rights or any laws or regulations. You further understand and agree that by posting any User Submissions on the Services, or otherwise providing any User Submissions to The New School, such as any published project you create, or other materials you submit to us through the Services, you are granting us a worldwide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt, and distribute that content (in whole or in part) for use in connection with or related to the Services, or any part thereof, for the full term of any copyright that may exist in such User Submissions, and that the foregoing license includes a right for us to make such User Submissions available to third parties, in each case without any compensation or obligation to you. You hereby further grant us the right to edit, copy, publish, and distribute any User Submissions made available on or through the Sites by you, for any lawful purpose. You also permit any other User to access, view, store, or reproduce any content or links posted on the Sites by you, subject to the Terms. We do not assert any ownership over any User Submissions. Rather, as between you and us, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions. Finally, you understand that we may use your first name when reproducing, publishing, or distributing such User submitted content (in whole or in part) for use in connection with or related to the Services.
You further understand and agree that we may preserve User Submissions, and may also disclose User Submissions, including personally identifiable information (notwithstanding the Privacy Notice), if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms or any other applicable agreement or policy; (c) respond to claims that any User Submissions violates the rights of third parties; or (d) protect the rights, property, or personal safety of The New School, its Users, and the public. Without limiting the generality of the foregoing, we may be required to disclose information pertaining to User Submissions to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize us to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.
Finally, you understand that should you provide us with a testimonial, you are granting us a worldwide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt, and distribute that content (in whole or in part) for use in connection with or related to the Services.
You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account. By using the Services, you agree that you will not encourage, solicit, assist, or enable any third party to:
The Services are not directed at children. Children under the age of 13 should not attempt to use or access Services.
We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services (in whole or in part) with or without notice to you.
We may terminate your account and may suspend or remove you from the Services without prior notice for any reason or no reason at our sole discretion. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
The Sites may contain links to websites other than our own. We have no control over these third-party sites or their content and do not assume responsibility or liability for any content, opinions, materials, or services available on them. We do not control or endorse the content of any third party site, nor do we warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you decide to leave the Services and access a third party site or use or install any third party applications, software, or content, you do so at your own risk and you should be aware that our Terms and Privacy Notice no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party site to which you navigate from the Services, or relating to any applications from a third party site that you access through the Services.
The New School permits third party web sites to link to the Sites subject to the third party’s compliance with the following conditions. A site that links to the Sites:
IN NO EVENT WILL THE NEW SCHOOL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE SITES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
WE RESERVE THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICES OR THE CONTENT ON THE SITES OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE SERVICES AND THE SITES.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL THE NEW SCHOOL’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NEW SCHOOL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By accepting these Terms, you agree to indemnify and otherwise hold harmless The New School and Parsons Entrepreneur Academy, their directors, officers, employees, agents, subsidiaries, affiliates, and other partners from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including reasonable attorneys’ fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access to the Sites; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. We reserve the right to assume, at our sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Any new feature, tool, or information added to or that enhances the Services will automatically become part of the Services and will be subject to these Terms. In using the Services, you acknowledge and agree that the Services may also include third-party advertisements and marketing tools. While we make a reasonable effort to provide accurate and useful information to our Users, we make no warranties, representations, or guarantees as to the accuracy, completeness of quality of any information on the Sites or available through the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. THE NEW SCHOOL AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY THE NEW SCHOOL, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE SITES AND THE SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE SERVICES.
THE RELEASED PARTIES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, (e) THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS, OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, (f) INFORMATION PROVIDED ON OR BY THE SERVICES OR OTHER THIRD PARTIES IS ACCURATE OR TIMELY, AND (g) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You may not use, export, or re-export the New School Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.
The Terms shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You and The New School agree to submit to the personal and exclusive jurisdiction of state and federal courts located in New York County, New York.
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.
We reserve the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Services, Users, and the rights and property of The New School and its affiliates.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.
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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We reserve the right to update or modify these Terms at any time and without prior notice, by posting a link to the revised version of the Terms on the Sites.
These Terms must be read in conjunction with The New School Website Privacy Notice (the “Privacy Notice”), the provisions of which are incorporated herein. For information on how personal data is collected, used, or disclosed by us in connection with your use of the Services, please consult the Privacy Notice at https://ispo.newschool.edu/notices/website/.
If you believe that your work has been copied and posted on the Sites or through the Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Sites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.
The New School Copyright Agent for notice of claims of copyright infringement can be reached at:
The New School
71 Fifth Avenue
New York, NY 10003
Phone: +1 212-229-5300
Email: [email protected]
Upon receipt of notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, which may include removal of the challenged content from the Sites, in accordance with applicable law.
Please send any questions, concerns, comments, complaints, or reports of violations of the Terms to us at: [email protected].
EFFECTIVE DATE: FEBRUARY 16, 2021