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NYC Early Childhood Research Network Resource Library Terms of Use

These Terms of Use (“Terms of Use”) govern your use of the NYC Early Childhood Research Network Resource Library website or any content and services provided to you on, from, or through the website (collectively, the “Resource Library”).  The Resource Library comprises a collection of resources including datasets, publications, and presentations submitted by individuals and organizations relating to research that benefits programs and policies serving children from birth through age eight, and the NYC Early Childhood Research Network is a project of the New York Early Childhood Professional Development Institute (“PDI”, “we” or “us”).

By accessing, using, and contributing to the Resource Library, you agree to be bound by these Terms of Use.

Please review these Terms of Use carefully prior to using the Resource Library.  If you do not agree with these Terms of Use, please do not use the Resource Library. 

1. Content

(a) The Resource Library and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials (collectively, the “Content”), and the trademarks, service marks and logos on the Resource Library, are owned by or licensed to PDI and are protected by copyright, trademark and other laws.  You may use the Resource Library and the Content only in the manner and for the purposes specified in these Terms of Use.  Except as specifically permitted by these Terms of Use, you may not copy, reproduce, modify, transmit, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Resource Library or the Content without the express written permission of PDI or the respective licensors of the Content.  PDI and its licensors reserve all rights not expressly granted in and to the Service and the Content.

(b) If you have a Resource Library Contributor account, you may submit Content to the Resource Library (“User Content”). You retain ownership of all of your intellectual property rights in your User Content; PDI does not claim ownership of your User Content. However, by submitting User Content to the Resource Library, you hereby grant PDI a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, reformat and perform the User Content solely in connection with the Resource Library. You also hereby grant each user of the Resource Library, upon approval by PDI of the user’s application for access, a non-exclusive license to access your User Content through the Resource Library, and to use, reproduce, distribute, display, and perform such User Content, as permitted through the functionality of the Resource Library and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Resource Library. You understand and agree, however, that PDI may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.

(c) Some Content in the Resource Library is open access, however, some Content requires a Resource Library User account (see Section 6) for access to restricted content as designated by the Resource Library Contributors (“Restricted Content”). If you have a Resource Library Contributor account you may designate some or all of the User Content you submit as Restricted Content.


(d) As a Resource Library Contributor, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; (ii) the posting and use of your User Content on or through the Resource Library will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you shall pay for all royalties, fees, and any other monies owed by reason of your User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

2. Rules of Conduct

(a) You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the Resource Library and to enter into and comply with these Terms of Use.

(b) You may not post unlawful or infringing content via the Resource Library.

(c) You must not post private or confidential information via the Resource Library, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or nonpublic email addresses.

(d) Any research subjects described in Content must be de-identified. You must not post or make by any means available personally-identifiable information regarding research subjects or other information that if combined would lead to the identification of research subjects.

(e) You may not use the Resource Library for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Resource Library and the Content, including but not limited to, copyright laws.

(f) You must not interfere with or disrupt the Resource Library or servers or networks connected to the Resource Library, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

(g) You must not circumvent, disable or otherwise interfere with security-related features of the Resource Library or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Resource Library or the Content therein.

(h) You must not create accounts with the Resource Library through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

(i) You must not attempt to restrict another user from using or enjoying the Resource Library and you must not encourage or facilitate violations of these Terms of Use.

(j) You may only make non-commercial uses of the Resource Library and the Content. Use of Resource Library or the Content for any commercial or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by PDI or a PDI partner organization or agency (or any individual officer or employee of a PDI partner organization or agency); (3) print or electronic mass mailings (sometimes known as “spamming”), solicitations for commercial services.

(k) Certain areas of the Resource Library may provide tools for the exchange of ideas and information between users, including in the form of direct messaging. PDI is not responsible or liable for any content, including User Content, that is posted or distributed pursuant to such user to user exchanges. The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to PDI. You are solely responsible for all User Content you post, and you assume all risks relating to its use by others and others’ reliance on its accuracy.

(l) You acknowledge and agree that PDI has no obligation to display, monitor, or take any action with respect to Content. PDI reserves the right, without the obligation, to edit the Resource Library and to edit, remove, delete or refuse any User Content for any reason without notice to users. If User Content violates the above standards or any other provision of these Terms of Use, PDI reserves the right to terminate the applicable user’s account and right to use the Resource Library, in addition to any other rights or remedies available. PDI does not approve or endorse any User Content, and you agree that PDI will have no responsibility or liability in connection with your use of any User Content.

3. Privacy; Confidentiality

(a) The account you create to become an approved Resource Library User will only be used for the purposes of approving your use request and communicating with you. Your Personally Identifiable Information (email address, name, mailing address, phone number, title, organization) will only be accessible to you, PDI website administrators, and subcontractors, including software developers and server facilities in order to provide technical support and physical storage of the data provided.

(b) PDI will not disclose your Personally Identifiable Information without your permission to third parties for private or commercial use, or for any purpose other than complying with licensors, federal, state or municipal law or regulation, or maintaining your account. In the event of a reorganization, PDI may transfer your Personally Identifiable Information and other information after providing you with notification. PDI may disclose Personally Identifiable Information if required by law or in the good faith belief that it is necessary to do so as required by or permitted by law, to protect the safety of Resource Library users or the rights or property of PDI, PDI partner organizations and agencies, or the public. (For example, PDI may share personal information to protect against fraud, trademark infringement, or other violations of these terms and conditions.)

(c) PDI will treat Restricted Content as confidential information and only use and disclose it in accordance with these Terms of Use.

(d) Any communication you transmit to the site by electronic mail or otherwise, including any questions, comments, suggestions, or the like may be shared with law enforcement agents, PDI staff, or PDI partner organizations and agencies. PDI will make good faith efforts to maintain the confidentiality of your communications from other third parties. However, PDI is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Resource Library for any purpose whatsoever including, but not limited to, developing outreach materials and improvements in technical assistance for the Resource Library, provided your name and contact information are not disclosed without notification.

4. Use of Restricted Content for Research; Attribution

(a) You must inform PDI regarding any research you plan to conduct using Restricted Content and such plans are subject to PDI’s approval. PDI may periodically send reminders to you in this regard.

(b) You may use Restricted Content only for the purpose(s) described in your application approved by PDI.

(c) You must attribute PDI and the Content provider (if different than PDI) when making publicly available any research results generated by any use of Restricted Content.

5. Limitation of Liability; Indemnification


(b) You agree to indemnify and hold harmless PDI, PDI partner organizations and agencies, and the officers, directors, employees and agents of each of them, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Resource Library or any of the Content, and/or your failure to comply any provision of these Terms of Use.

6. User Account; Account Termination Policy

(a) In order to access some features of the Resource Library, you will have to create a Resource Library account. You agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You agree to notify us immediately at info@earlychildhoodny.org of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. PDI may terminate your account if you violate any provision of these Terms of Use or fail to comply with requests concerning your account. Resource Library accounts may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.

You may terminate your Resource Library account at any time. PDI may terminate your account if we are no longer able to contact you. For example, if you repeatedly fail to respond to emails from PDI or fail to maintain a valid email address that is known to PDI. Your account will automatically deactivate after 12 months of no activity.

(c) The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless PDI otherwise specifically agrees in writing, but the other provisions of these Terms of Use will survive any such termination. PDI reserves the right at any time in its sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Resource Library, or to cease making the Resource Library available.

7. Miscellaneous

(a) Copyright Infringement. PDI respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us as info@earlychildhoodny.org

(b) Links to Other Services. PDI may provide links to websites operated by third parties as a convenience for our users. PDI does not endorse or accept responsibility for the content or the use of third-party websites. If you use third-party sites, you do so solely at your own risk. Links do not imply that PDI or any PDI partner including without limitation The City University of New York is affiliated or associated with any linked site.

(c) Use of PDI and PDI Partner Names. Except as specifically permitted by these Terms of Use, you may not use or register any name, logo or insignia of PDI or a PDI partner organization or agency, or any of a partner’s schools or subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by PDI and/or PDI partners.

(d) Governing Law. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Resource Library, will be governed by the laws of New York, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in New York County, New York. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

(e) Change of Terms of Use. Please note that these Terms of Use are subject to change without notice from time to time. Any changes will be posted to this page. Your use of the Resource Library after any changes have been made will constitute your agreement to the modified Terms of Use.

(f) Severability; Entire Agreement. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. PDI’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Use set forth the entire understanding and agreement between you and PDI with respect to the subject matter hereof.