Acceptance
of the Terms and Conditions
This
Terms of Use Agreement (the "Agreement") states
the terms and conditions under which you may use
the Web site located at www.Philanthropy.org and
all Content available therein (the "Site"). Please
read this Agreement carefully. For the purposes
of this Terms of Use Agreement, the terms "Philanthropy.org",
"Center for the Study of Philanthropy Online",
"philanthropy.org", "City University of New York
Graduate Center: Center for the Study of Philanthropy",
"CSP", "CUNY CSP", "Center
on Philanthropy and Civil Society Online",
"CPCS", "City University of New
York Graduate Center: Center on Philanthropy and
Civil Society" and "CUNY CPCS"
are synonymous and denote the same entity. This
Site contains various information in the form
of data, text, reports, and other materials relating
to Philanthropy.org, and by browsing and/or using
this Site and its Content, you acknowledge that
you have read, understood and agree to be legally
bound by this Agreement. We reserve the right
to amend this Agreement at any time and from time
to time. You should check this Agreement, available
through a link on all of the Site's pages, each
time you use the Site to determine if any changes
have been made. If you use the Site after the
amended Agreement has been posted, you will be
deemed to have agreed to the amended Agreement.
Legal Information
All Content is for informational
purposes only.
Intellectual Property Rights
You acknowledge that this
Site and various elements contained therein are
protected by copyrights, trademarks, trade secrets,
patents, or other proprietary rights, and that
these worldwide rights are valid and protected
in all forms, media, and technologies existing
now and hereinafter developed. You also acknowledge
that the Content is and shall remain the property
of Philanthropy.org or licensors. You agree to
comply with all intellectual property laws and
you shall not encumber any interest in, or assert
any rights to, the Content. You may not modify,
transmit, participate in the sale or transfer
of, or create derivative works based on any Content,
in whole or in part. However, you may print a
reasonable number of copies of the Content for
your personal use provided that you maintain any
notices contained in the Content, such as all
copyright notices, trademark legends, or other
proprietary rights notices.
Trademarks
Center on Philanthropy and
Civil Society, ,
CPCS and Philanthropy.org are trademarks and service
marks of Philanthropy.org (collectively the "Philanthropy.org
Trademarks"). Other company, product, and service
names and logos used and displayed on this Site
may be trademarks or service marks of their respective
owners who may or may not endorse or be affiliated
with or connected to Philanthropy.org. Nothing
on this Site should be construed as granting,
by implication, estoppel, or otherwise, any license
or right to use any Philanthropy.org Trademarks
displayed on this Site, without our prior written
permission in each instance. All goodwill generated
from the use of Philanthropy.org Trademarks will
inure to our benefit.
Framing
We prohibit the use of any
content framing. You may not frame any elements
of this Site with any other Web site without our
prior written permission.
Communications with Philanthropy.org
Please be advised that we
cannot guarantee the confidentiality of any communication
or material transmitted to us via the Site or
via electronic mail. Accordingly, we suggest that
you use caution when transmitting any information
to us via the Internet. Philanthropy.org expressly
disclaims any liability for damages resulting
from third party interception of your communications
with us via the Internet. If you choose to send
any information via the Site or via e-mail, you
do so solely at your own risk.
Copyright Complaints
If you believe this Site contains
Content that infringes your copyright, please
provide us with the information listed below:
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 Site;
Your address, telephone number
and email address;
A 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; and
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 duly authorized to act on the
copyright ownerÌs behalf.
Links to Other Web Sites.
This Site may periodically
provide links to third-party Web sites ("Third-Party
Sites"). This Agreement governs only this Site
and not any Third-Party Sites. Our decision to
link to a Third-Party Site is not an endorsement
of the content or services in that linked Third-Party
Site. Philanthropy.org does not control these
Third-Party Sites and expressly disclaims any
responsibility for the content, the accuracy of
the information and any products or services available
on the Third-Party Sites. If you decide to access
linked Third-Party Sites, you do so at your own
risk. You should direct any concerns regarding
any Third-Party Sites to the administrator of
the applicable Third-Party Site.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE
THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PHILANTHROPY.ORG, AFFILIATES,
SUBSIDIARIES OR OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS (COLLECTIVELY THE "PHILANTHROPY.ORG
PARTIES") DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS,
TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS
OF ANY PORTION OF THE SITE. PHILANTHROPY.ORG PARTIES
DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED
OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT
IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE
OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS
OR COMPLETENESS OF THE CONTENT OR SERVICES IS
ASSUMED SOLELY BY YOU. NONE OF THE PHILANTHROPY.ORG
PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS
ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES,
AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL
ANY OF THE PHILANTHROPY.ORG PARTIES BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE
ON INFORMATION OBTAINED THROUGH THIS SITE. IT
IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO
EVENT SHALL ANY OF THE L/ONE MEDIA PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER
DAMAGES, IN SUCH JURISDICTIONS THE PHILANTHROPY.ORG
PARTIE'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS SITE IS TO STOP USING
THIS SITE.
Indemnification
You agree to make Philanthropy.org
whole for any and all claims, losses, liabilities,
and expenses (including attorney'sfees) arising
from your use of the Site or any violation of
this Agreement.
Miscellaneous
In the event that any portion
of this Agreement is held to be invalid or unenforceable,
the such portion shall be construed in accordance
with the applicable law as nearly as possible
to reflect the original intentions of the parties,
and the remainder of this Agreement shall remain
in full force and effect. The sections of this
Agreement entitled Intellectual Property Rights,
Disclaimer, Limitation of Liability, Indemnification,
Miscellaneous shall survive the termination of
this Agreement. Philanthropy.org reserves the
right to change, suspend, or discontinue all or
any part of this Site or the Content at any time
without prior notice or liability The paragraph
headings herein are provided only for reference
and shall have no effect on the construction or
interpretation of this Agreement. You expressly
absolve and release the Philanthropy.org Parties
from any claim of harm resulting from a cause
beyond their control, including, but not limited
to, failure of electronic or mechanical equipment
or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access,
theft, operator errors, severe weather, earthquakes,
or natural disasters, strikes or other labor problems,
wars, terrorist activities or governmental restrictions.
You may not assign this Agreement. No waiver shall
be effective unless in writing. Neither the course
of conduct between parties nor trade practice
shall act to modify any provision of this Agreement.
This Agreement shall be governed by and construed
in accordance with the laws of the State of New
York, except with regard to its conflicts or choice
of law rules. You shall comply with all laws,
rules and regulations which are now or hereinafter
promulgated by any government authority or agency
which govern or apply to the operation and use
of the Site. Without limiting the generality of
the foregoing, you expressly agree to comply with
such restrictions and not to export or re-export
any of the Content to countries or persons prohibited
under the export control laws of the United States.
You are prohibited from any use of the Site that
would constitute an illegal offense, give rise
to liability or otherwise violate any applicable
local, state, national or international law or
regulation. All rights not expressly granted herein
are reserved by Philanthropy.org. This Agreement
contains the entire agreement of the parties concerning
your use of this Site and supersedes all existing
agreements and all other oral, written or other
communication between the parties concerning its
subject matter.
This
agreement was last updated November 17,2003.
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