Terms of Use and Service

Welcome to the Macaulay OpenLab.

The Macaulay OpenLab is part of the City University of New York (CUNY). We are dedicated to the free expression of our users in a collaborative and sharing environment. We are a community that seeks to use the OpenLab as a means of fulfilling our highest aspirations for integrating technology into our teaching, learning, and collaboration.

We reserve only the rights necessary to facilitate the dissemination of content and material on this Site. We support the intellectual property rights of the authors of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law.

Members of the faculty, administration, staff, students, and alumni of the Macaulay Honors College may register on the Site. We will take all reasonable measures to keep information and users safe.

We hope your experience with the Macaulay OpenLab will be enjoyable and productive.

The Macaulay OpenLab is located at https://openlab.macaulay.cuny.edu.

Terms that Govern the Use of the Macaulay OpenLab

  1. General Use of the Site and Agreement to These Terms

Please read these Terms of Use (“Terms”) carefully as they govern our mutual rights and responsibilities when you use the resources and services provided by CUNY (also referred to as “we” or “us” or “our”) through the Macaulay OpenLab (also referred to as the “OpenLab” or “Site”). These Terms apply to all activities and modalities on the Site, including but not limited to, blogs, forums, groups, and other published content.

If you are a registered user, when you click on the “I Accept Terms of Use” button, you signify that you have read, understood, and agreed to these Terms.

If you are a non-registered “public” user, accessing the Site signifies that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you are not authorized to use the Site.

Unless otherwise agreed to, you are subject to these Terms, and any additional terms that may apply. These additional terms, if any, will be available through the Site. All of these terms create a legal agreement between you and the Site and supersede any prior agreements between you and the Site.

The CUNY IT Administrate Policies, CUNY Policy on Acceptable Use of Computer Resources, the CUNY.edu Privacy Policy, and Macaulay Privacy Policy are incorporated into these Terms by reference and you should read them before using the Site.

  1. Rights and Obligations Related to Content and Material

The Site and its Contents are protected by copyright pursuant to U.S. and international copyright laws.

a. Your Responsibilities

If you operate a blog or website, comment on a blog, post material or links to any part of the Site, or otherwise make material available by means of the Site (any such material, “Content”), you are responsible for the Content and any harm resulting from it.

You warrant and represent that you either own or otherwise control all of the rights to Content you provide to the Site, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is a protected fair use. You warrant and represent also that the Content does not violate these Terms and that you will indemnify and hold harmless CUNY from any claims arising from Content you provide.

You may not copy, distribute, transmit, publicly display, publicly perform, participate in the transfer or sale of, create new works from, or in any way exploit, any of the Content on the Site (including software) in whole or in part in any manner unless it is consistent with, and authorized by, the Creative Commons Attribution NonCommercial Share Alike 4.0 license (see 2.c below), other Creative Commons license, or other more restrictive rights applicable to the Content.

b. License to CUNY

By posting Content on this Site, you are granting CUNY a nonexclusive, royalty free, perpetual, and worldwide license to use the Content on the Site until you remove or delete it, including but not limited to, the right to copy, distribute, transmit, publicly display, publicly perform, edit, translate, and reformat the Content, and/or to incorporate it into a collective work.

If you delete Content, CUNY will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Whenever possible, we will credit you as an author, and by posting Content on the Site you agree to give CUNY the right to use your name for attribution purposes.

c. License to Site Users

Unless you specify otherwise, all Content you submit to the Site is submitted under the terms and conditions of a Creative Commons Attribution NonCommercial Share Alike 4.0 license, or any successor or equivalent Creative Commons license. Under the terms of this license, you permit anyone to copy, distribute, transmit and adapt your Content, royalty-free, for non-commercial purposes on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same Attribution NonCommercial ShareAlike license that governs your Content. Please read the full text of the Attribution NonCommercial ShareAlike 4.0 license (which includes a link to the full Creative Commons Legal Code).

This license also permits RSS aggregators to copy, distribute, display, and perform any of your Content that you syndicate using RSS. If you want to offer your Content under a different Creative Commons license, indicate on your blog, website or posting the license that applies.

You may offer your Content on a more restrictive basis by removing the Creative Commons logo and link from the blog, website or posting and labeling your Content with a full copyright notice: your name, the word “copyright” or symbol © and the year it was first published.

For all Creative Commons licenses, see http://creativecommons.org/about/licenses/

  1. Reporting Violations or Concerns

If you believe that any Content or activity on this Site violates these Terms, is illegal, or infringes rights, or to report other abusive behavior, contact tlchelp@macaulay.cuny.edu

The Macaulay OpenLab complies with the Digital Millennium Copyright Act (DMCA). For copyright claims, please consult CUNY’s DMCA policy and include all required elements when submitting a notice.

  1. Termination

These Terms will continue to apply until terminated by either you or CUNY.

CUNY may terminate this agreement and your right to use the Site if you breach these Terms, if required to do so by law, or if the Site is discontinued.

  1. Governing Law

These Terms, and your relationship with the Macaulay OpenLab, shall be governed by the rules, regulations, and policies of CUNY, and the laws of the State of New York without regard to its conflict of laws provisions. You and CUNY agree to submit to the exclusive jurisdiction of the courts located within New York State. However, CUNY may seek urgent relief in other jurisdictions.

  1. Children Under 13

You may not submit or collect personal information for children under the age of 13 without express written permission from the Macaulay OpenLab.

  1. Trademark Rights

“The City University of New York,” “CUNY,” and “Macaulay OpenLab” are property of CUNY. You may not use any CUNY name, logo, or branding to endorse or promote any product, opinion, cause, or candidate without permission.

  1. No Warranties and Disclaimer of Liability

The posts, comments, and other Content on the Site are the views and opinions of their authors. Content is the sole responsibility of its authors. We cannot verify or guarantee that the information presented on the Site is accurate or complete and CUNY shall not be liable for any harm or damages arising from Content posted on the Site. The Site is provided on an “as is” and “as available” basis. CUNY makes no representations or warranties of any kind, express or implied, regarding the availability, operation, or administration of the Site or the information or Content on it. To the full extent permitted by applicable law, CUNY specifically disclaims all such warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. CUNY will not be liable for any damages of any kind arising from the use or inability to use the Site. You expressly agree that you use the Site solely at your own risk.

  1. Modification of These Terms

We may revise these Terms at any time. Your continued use of the Site signifies acceptance of the updated Terms.

  1. Right to Remove Content and Discontinue Service

CUNY has the right (though not the obligation) in their sole discretion to refuse or remove any Content at any time that violates these Terms or any CUNY policy, or applicable federal or state statutes, or common laws.

CUNY also reserves the right to modify, suspend or discontinue the Site, with or without notice, at any time and without any liability to Site users.

Last Updated 7/31/25.