Terms of Use

Last Updated: February 28, 2021


Welcome to the Voices from the Great Hall website located at www.greathallvoices.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.

Background

When the Great Hall opened in 1858, it quickly became a destination for all interested in serious discussion and debate of the vital issues of the day. Works from the Great Hall’s significant history are now being preserved and made accessible to the public through our Site as invaluable educational resources to encourage and support research and scholarship and to advance knowledge and understanding.

Accounts

To access some features on our Site, you will need to create a research account. For example, you will need to open a research account to save links to specific works in the account to more easily access and organize links to works for your review and research. Opening an account will not permit you to download a work. If you create a research account, you agree that you: (i) are at least age 18 (or other age of majority in the state in which you reside); (ii) will provide accurate information when you create your account; (iii) will keep your password and other login information associated with your account confidential; (iv) will not permit others to use your account; (v) are responsible for all activity under your account; and (vi) will notify us immediately if you become aware of any actual or attempted unauthorized use of your account. We reserve the right, in our sole discretion, with or without notice, to suspend or terminate access to your account at any time.

Site Content; Permissions

The Cooper Union permits you to access (view and listen to) works available through our Site for private study, scholarship, and research in accordance with these Terms. The Cooper Union has endeavored to evaluate the copyright status of works on the Site and has generally identified each work as falling into one of the following categories: (i) the copyright in the work is held by The Cooper Union; (ii) the copyright in the work is believed to be held by a third party; (iii) the work is believed to be in the public domain in the United States; or (iv) the copyright status is unknown. While we have indicated a status for each work as part of its description on the Site, we provide this information for convenience and make no representation or warranty as to the accuracy of the information. If you use a work without obtaining express permission, you do so at your own risk.

For works in which The Cooper Union is the copyright holder, if you are interested in seeking permission to use a work beyond private study, scholarship, and research, please contact us at: archives@cooper.edu. The Cooper Union reserves the right to decline to grant a requested permission.

For works in which a third party is the copyright holder, if you are interested in seeking permission to use a work beyond private study, scholarship, and research, you may contact us at archives@cooper.edu. The Cooper Union will endeavor to assist with information about rights to a work to the extent it is available, but you are solely responsible for determining the permission(s) you may need to use a work in a particular situation and for obtaining all necessary permissions before using a work.

For works believed to be in the public domain, we have undertaken efforts to research the copyright status of the work and believe it has no known copyright restrictions in the United States (e.g., because copyright protection has expired or a work is ineligible for protection). If you are interested in using a work we believe is in the public domain, you may contact us at archives@cooper.edu. The Cooper Union will endeavor to assist with information about the status of a work to the extent it is available. We encourage you to undertake due diligence to confirm the public domain assessment and make a final determination. You are solely responsible for determining whether permission may be needed to use a work in a particular situation and for obtaining any permission, if needed, before using a work.

For works where the copyright status is unknown, we have undertaken efforts to research the copyright status of the work and been unable to make a determination. If you are interested in using a work where the copyright status is unknown, you may contact us at archives@cooper.edu. The Cooper Union will endeavor to assist with information about the status of a work to the extent it is available. We encourage you to undertake due diligence to investigate the copyright status. You are solely responsible for determining whether permission may be needed to use a work in a particular situation and for obtaining any permission, if needed, before using a work.

While the copyright law provides that the copyright owner has the right to control uses of copyrighted works, the fair use doctrine (and certain other exceptions) permit the use of a copyrighted work in certain circumstances without permission (such as for research and scholarship). You are solely responsible for determining whether a particular use (beyond private study, scholarship, and research on the Site) constitutes a fair use that does not require permission. Unless you have determined a particular use is a fair use in accordance with law, you agree to obtain express written permission to use a work when the copyright is held by The Cooper Union or a third party.

In addition to copyright protection, many states recognize a “right of publicity” which may protect against the unauthorized use of an individual’s name, voice, likeness, or other identifying characteristic. You should assess whether any proposed use of a work may implicate a right of publicity (or right of privacy). The Cooper Union does not grant any rights concerning an individual’s right of publicity. You are solely responsible for determining whether any permission is needed with respect to an individual’s right of publicity in connection with a particular use of a work.

Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform or otherwise use any Site content in any manner without the prior written permission of the copyright owner or as permitted by law.

If you use a work from our Site, we ask that you provide attribution such as “Courtesy of The Cooper Union Library Archives and Special Collections.” Additional permissions granted by The Cooper Union or a third party to use a work may require additional attribution.

If you are a rights holder and believe our inclusion of a work on our Site violates your rights (e.g. inclusion is not covered by fair use or another exemption to a copyright holder’s rights), please contact us at archives@cooper.edu. When contacting us, the more information you can provide, including why you believe your rights have been violated together with any pertinent documentation, the more responsive we can be.

When applicable, 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

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) violating any intellectual property or other right; (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.

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 (including your use of any work available through our Site and any related materials we may provide to you), 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 Cooper Union Library
The Cooper Union for the Advancement of Science and Art
7 East 7th Street
New York, NY 10003
Attn: Lisa Norberg, Director
Email: lisa.norberg@cooper.edu