Terms


Terms of Use
Last Updated: November 13, 2019

Welcome to The Irwin S. Chanin School of Architecture Archive (“Archive”) located at (archswc.cooper.edu) (“Site”), and operated by The Cooper Union for the Advancement of Science and Art (“The Cooper Union,” “our,” “we,” and “us”). These terms of use (“Terms”), which include our Privacy Statement, govern your use of our Site. By using our Site, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our Site or, if we determine appropriate, by giving you notice by email or other means. Please review these Terms from time to time because your continued use of our Site after modified Terms have been posted indicates your consent to the updated Terms.

Our Site
Our Site represents over eight decades of The Cooper Union’s experimental, influential approach to architectural education as documented in the Archive’s Student Work Collection (“Collection”). The Collection encompasses analog image, text, and audio records as well as born-digital media that document nearly 4,800 projects by over 1,500 students from the 1930s to the present. The purpose of our Site is to enable broad public access to the Collection’s comprehensive, detailed records of architectural pedagogy and student work at The Cooper Union in furtherance of our educational and charitable mission.

Privacy
We do not collect personal information about you on our Site. [Use of Cookies and Similar Technologies: Like many websites, our Site uses the Google Analytics tool. Google Inc. (located at 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA) operates Google Analytics. Google Analytics uses tracking technologies, including “cookies” (small text files placed on your computer) to collect anonymous, non-personal data, including [IP address, browser type, domain names, time and date of visit, referring web site, landing page, search terms, search results, web pages viewed, time spent on a web page, and links clicked]. This non-personal data is used for such purposes as identifying web pages visited most often to improve our Site and provide you a better experience. You may prevent Google Analytics from recognizing you when you visit our Site by disabling cookies on your browser. Please review Google Analytics’ terms of use and privacy policy to learn more about how Google Analytics may collect and use information (https://www.google.com/analytics/terms/us.html)].

Our Site is not currently configured to respond to “do not track” signals or similar mechanisms.

Copyright
The Cooper Union owns the copyright in the compilation of content posted on our Site (“Site Content”). Individual elements in the Site Content may be owned by each project author, The Cooper Union, or other parties. You may access and view Site Content solely for personal, scholarly, non-commercial purposes in accordance with these Terms unless specific Site Content is expressly licensed for other purposes. You may contact the Archive at arch.archive@cooper.edu with questions concerning reproduction or other use of Site Content. The Cooper Union will endeavor to assist with information about rights to Site Content to the extent it has information, but it is solely your responsibility to determine the necessary permission(s) you may need to use Site Content in any particular situation. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, or publicly display or perform the Site Content in any manner without the prior written permission of the copyright owner or as permitted by law.

Conditions
As a condition of your access and use of our Site, you warrant and agree not to use our Site for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) interfering with the operation or integrity of the Site or circumventing any Site security; (ii) imposing an unreasonable load on the Site's infrastructure or infecting the Site with viruses, worms, or other malicious elements; (iii) collecting data about other users or using any robot, spider, scraper, web crawler, or other automated or manual means to harvest data or other Site Content from the Site for any purpose; (iv) uploading any material that infringes any intellectual property or other right or that is otherwise unlawful or false; (v) removing or altering any proprietary notices, legends or information; or (vi) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, federal, or international law or regulation.

Trademarks
Our name and our trademarks and service marks, including logos, slogans, and other indicia of source are owned by The Cooper Union (collectively, “Our Trademarks”). You may not use Our Trademarks without our prior written consent in each case, including in any manner that implies we sponsor, endorse or are otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.

Digital Millennium Copyright Act
If you are a copyright owner and believe that any Site Content infringes upon your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works to be covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you (including address, telephone number, and, if available, email address);
5. A statement that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to make the complaint on behalf of the owner of an exclusive right that is allegedly infringed.

You may send your notice to our Copyright Agent as follows:

Copyright Agent
The Irwin S. Chanin School of Architecture Archive
The Cooper Union for the Advancement of Science and Art
7 East 7th Street, Room 235
New York, NY 10003
Attn: Steven Hillyer, Director
Email: steven.hillyer@cooper.edu
 
Frames and Metatags
Unless we consent in writing in advance in each case, you may not frame the content of our Site or use metatags or other “hidden text” that incorporates Our Trademarks or words or images confusingly similar to Our Trademarks.

Third-Party Sites
Our Site may include links to web sites controlled and maintained by third parties (“Third-Party Sites”). We are not responsible for Third-Party Sites and do not endorse any Third-Party Site’s content, activities, goods, services, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites’ terms of use and privacy statements, which you should review carefully. You hereby release The Cooper Union from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site.

Disclaimers
OUR SITE, SERVICES, AND SITE CONTENT ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND SITE CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY SERVICES OR SITE CONTENT (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES, OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES AND OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND SITE CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR SITE CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR SITE CONTENT WILL BE FREE FROM SUCH ELEMENTS AND THE COOPER UNION IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

Limitation of Liability
THE COOPER UNION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE, SERVICES, OR SITE CONTENT OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL THE COOPER UNION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, OR SITE CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US 50. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold The Cooper Union and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, services or Site Content or your violation of these Terms. The Cooper Union reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

Termination
We reserve the right to terminate these Terms, our Site, and any Site Content at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General
These Terms, which include the Privacy Statement, are the complete agreement between you and The Cooper Union regarding your use of our Site and supersede all other agreements (oral or written) between you and The Cooper Union regarding its subject matter, except that it will supplement and not supersede other specific terms that may be available on the Site or that you have otherwise entered into with The Cooper Union concerning use of the Site or Site Content. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, without reference to any provision that would lead to the application of the laws of another jurisdiction. If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with any applicable local laws as well as these Terms. You irrevocably agree: (A) to bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. YOU AGREE THAT YOU MAY BRING A CLAIM AGAINST THE COOPER UNION ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING OR OTHERWISE CONSOLIDATE ANY PUTATIVE CLAIM WITH ANOTHER. You may not assign your rights under these Terms without The Cooper Union’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”

Contact Information
We welcome your questions or comments regarding our Site or these Terms and ask that you send them to:
 
The Irwin S. Chanin School of Architecture Archive
7 East 7th Street, Rm 235
New York, NY 10003
Tel: (212) 353- 4232
Email: arch.archive@cooper.edu