1.NYWF.org is a website (the “Website”) associated with The New York Women’s Foundation, a 501(c)(3) charitable organization existing under the laws of the State of New York (“NYWF”, “we” or “us”), whose mission it is to help low- income women and girls in the five boroughs of New York to achieve sustained economic security through expanded opportunities (our “Mission”). These Terms and Conditions are an agreement between NYWF and you and govern your use of the Website and all information available on or submitted through the Website. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY.
2.Registration and Creating Profiles; Attribution of Electronic Acts to You.
For some areas of the Website, you may have to complete a registration process or create a profile to use certain features (e.g., applying for a job, a grant or accessing any social networking functions). Completion of the registration process will usually create an account with a username and password or other identifier (“Personal Identification”) which you agree to protect as confidential information – if you are careless with such Personal Identification, others may be able to access your information and other materials. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or NYWF has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, NYWF may suspend or terminate your access, social networking ability, application, grant or participation in any program in its sole discretion, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the Personal Identification established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us or our agents, affiliates and other third parties with whom we work in connection with the Website (including, but not limited to, our and their respective affiliates, officers, employees and agents), any services provided by us or in the pursuit of our Mission (collectively, “Third Parties”), even if someone else used your Personal Identification with or without your permission to do so.
3.Copyright and Ownership.
All of the content featured or displayed on the Website including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Website Content”), is owned by NYWF, its partners, licensors, vendors, agents and/or content providers. All elements of the Website including, without limitation, the general design and the Website Content, are protected by applicable trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as may otherwise be indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational and non-commercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under all applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is strictly prohibited. You shall comply at all times with all applicable domestic and international laws, The New York Women’s Foundation 2016 statutes, ordinances and regulations regarding your use of the Website. The Website, Website Content and all related rights shall remain the exclusive property of NYWF or its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.
All trademarks, service marks and trade names of NYWF used herein including, but not limited to, the NYWF name and the NYWF logo (collectively, the “Marks”) are trademarks or registered trademarks of NYWF or its partners, licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way including, but not limited to, in advertising or publicity pertaining to distribution of materials on this Website, without NYWF’s prior written consent. The use of the Marks on any other website or network computer environment is strictly prohibited.
5. User Generated Content.
(a) In connection with the Website, you may upload, post or otherwise provide a variety of information including, without limitation, information, data, text, software, music, sounds, photographs, graphics, video, messages or other materials (“User Generated Content”). You grant us a worldwide, non-exclusive, royalty-free, irrevocable right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute your User Generated Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Generated Content by us will be without any compensation paid to you. You represent, warrant and covenant to us that (a) any User Generated Content provided to the Website is wholly your own original work or (b) you have all necessary right, title, interest and licenses to upload, post, provide or otherwise make such content available to NYWF for use under these Terms and Conditions without (i) violation by you, us, any Third Parties, users or anyone else of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else.
(b) You agree not to upload, post or otherwise transmit through the Website any User Generated Content or any other materials whatsoever that are or could appear to: (i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights including, without limitation, any patent, trademark, trade secret, copyright or right of publicity; (iii) contain any software viruses or any other harmful computer code, files or programs including, but not limited, any such software viruses, codes, files or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) be in violation of any applicable license, law or contractual or fiduciary duty or provision of these Terms and Conditions (including, without limitation, by exercise of the rights you grant to NYWF above).
(c) You further acknowledge that we may review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, distort, delete or remove User Generated Content in order to satisfy any applicable law, enforce our Terms and Conditions, or protect the rights, property or safety of us, our users or any third party in our sole discretion.
6. Website Activities.
NYWF reserves the right to modify the Website at any time without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website. NYWF also reserves the right to change, remove or The New York Women’s Foundation 2016 discontinue any Website Content and/or User Generated Content, functionality and services in our sole discretion at any time. We may do this for particular activities even if you have started to participate in such activities prior to the date of such change, removal or discontinuation. For example, we can change a job or grant description at any time and from time to time, even if you have already applied for such job or grant. Not all jobs, grants or other opportunities are posted on the Website or at all; we use various methods for pursuing our Mission and they are not limited to postings on the Website.
7. No Commissions.
We do not wish to deal with persons desiring to be paid for something nor do we agree to do so unless we intentionally enter into an express, written contract to do so. This means, for example, that we do not and will not pay commissions or other sums to anyone who helps arrange for a job, grant or anything else unless we have expressly contracted to do so in writing prior to any such arrangement. For example, if you submit an application for someone else without entering into such a contract with us, we will not pay you (or anyone else) a commission or other amount or otherwise compensate you (or anyone else) even if we accept the application, hire the person or make the grant, etc. We may also use, delete or ignore any information you have provided without paying you anything and without undertaking any duties to you or anyone else in connection therewith. If you do not want that result, then do not submit any information without entering into a written contract with us first.
8. Third Party Links.
From time to time, this Website may contain links to Websites that are not owned, operated, controlled by or affiliated with NYWF (collectively “Third Party Links”). All Third Party Links are provided solely as a convenience to you and access to such websites (each a “Third Party Website”) is done entirely at your own risk. You acknowledge and agree that we are not responsible for any content, materials or other information located on or accessible from any Third Party Website, nor any products or services available from such Third Party Website or any donations made through such Third Party Website. You acknowledge and agree that we do not endorse, guarantee or make any representations or warranties regarding any Third Party Website, or the products or services that you may obtain from using any Third Party Website or how any donations you make through such Third Party Website will be used.
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NYWF DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NYWF DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER GENERATED CONTENT THAT YOU AND OTHER USERS POST OR PUBLISH. WE DO NOT ENDORSE, REPRESENT, OR GUARANTEE THE COMPLETENESS, ACCURACY, RELIABILITY OR USEFULNESS OF ANY USER GENERATED CONTENT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER GENERATED CONTENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Limitations of Liability.
The Website is provided “as is”. NYWF does not assume any responsibility for, and will not be liable for, any damages to, or any virus that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or The New York Women’s Foundation 2016 browsing of this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors including those which are internal to NYWF and those outside of our control. In no event will NYWF, or any of its officers, directors, employees, shareholders or agents, or any party involved in the creation, production or transmission of this website or any of the successors or assigns of any foregoing, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any third party websites, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that NYWF shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In the event of any problem with this website or any content on this website, you agree that your sole remedy is to cease using this website. Further, you agree that in no event shall NYWF’s total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed twenty-five dollars ($25.00). THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You agree to defend, indemnify and hold NYWF harmless from any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to, arising out of or in connection with: (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions including, without limitation, your breach of any of the representations and warranties or other undertakings above; (c) your violation of any third-party rights, including without limitation, any rights of privacy, publicity rights or other intellectual property rights; (d) your violation of any law, rule or regulation of the United States, any state or municipality thereof or any other country; (e) any claim, damages or other causes of action that may arise as a result of any user submission that you provide to NYWF; or (f) any other party’s access to and use of the Website with your Personal Identification.
12. Legal and Other Notices or Disclosures.
(a) Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Website or, if we have your email address, by sending notice by email at our sole discretion including, without limitation, disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications including “legal”, “quasi-legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Website.
(b) Notice to Us: You agree to send us any and all notices by mailing it to the following address: The New York
13. Additional or Required Notices.
Various laws, rules and regulations may require or allow us to give users certain notices and each of them is incorporated into these Terms and Conditions:
(a) NYWF will not give, sell or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate NYWF personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (i) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAN Act of 2003”) that does not meet the message transmission requirement of that act; or (ii) assist in the origination of such messages through the provision or selection of addresses to which the message will be transmitted.
(b) NYWF respects the intellectual property rights of others and requests that Website users do the same. NYWF complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers. If you have any complaints with respect to material posted on the Website, you may contact our Designated Agent at the following address:
Vivienne Peng at firstname.lastname@example.org
Any notice to NYWF alleging that materials hosted by or distributed through the Website infringe intellectual property rights must contain the following information:
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Termination of Use. If you violate these Terms and Conditions, your permission to use the Website will automatically terminate. Additionally, NYWF, in its sole discretion may terminate your user account on the Website or suspend or terminate your access to the Website at any time, with or without notice.
15. Miscellaneous.Any claim relating to, and the use of, this Website and the materials contained herein shall be governed by the law of the internal laws of the State of New York, without regard to any conflict of law principles that would result in the application of the laws of any other jurisdiction. You consent to The New York Women’s Foundation 2016 the exclusive jurisdiction of the State of New York and Federal Courts of the United States, in each case, located in the City and County of New York.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced in their entirety. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Upon termination of these Terms and Conditions, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to Sections 10 (Limitations of Liability) and 11 (Indemnity).
These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersede any prior understandings or agreements, whether written or oral. We reserve the right, at our discretion, to change the Terms and Conditions on a going forward basis at any time. Please check the Terms and Conditions periodically for changes.
The foregoing does not impair the enforceability of additional agreements you may enter into from time to time with NYWF including, for example, an agreement for a grant.
Our failure to act with respect to a breach by you does not waive our right to act with respect to concurrent, subsequent or similar breaches.