Last updated May 2008.
Welcome to this website ("Site") operated by Philanthropy New York ("we")--formerly the New York Regional Association of Grantmakers (NYRAG). The following terms and conditions (these “Terms and Conditions”) govern your use of Philanthropy New York's website (“Site”) and constitute an agreement between you and Philanthropy New York . Before using the Site, please carefully read these Terms and Conditions ("Terms") because, by accessing and using the Site, including all information, Knowledge Centers, Knowledgebase, documents, communications, files, text, graphics, software, and products available throughout it, you agree to be bound by the Terms. Philanthropy New York reserves the right to change these Terms at any time, so please check back periodically because your use of the Site after a change has been posted will be subject to the modified Terms.
You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark.
Intellectual Property and Copyright Policy
Philanthropy New York owns or licenses the copyrights and other intellectual property rights in the materials on the Site, and those rights are protected by United States and international copyright and other intellectual property laws. Philanthropy New York grants permission to individuals, nonprofit organizations, and grantmaking organizations to reproduce materials from this Site (except where noted) provided that users:
Philanthropy New York provides the materials on this Site in order to advance the public interest for educational and guidance purposes only. We do not provide, and the information available through this Site does not constitute, specific financial, investment, accounting, tax, or legal advice. While these documents may serve as an excellent starting point for drafting or revising similar documents, we strongly recommend independent judgment and the advice of competent legal counsel. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
You may not, without our prior permission, frame any of the content of this Site, or incorporate into another Site or other service any material, content, or intellectual property belonging to us, our member or affiliate companies, or any of their licensors.
Respect for Intellectual Property Rights
Philanthropy New York respects the intellectual property rights of authors and publishers. We properly attribute and reference materials on our Site. When hosting documents in our Knowledgebase, we only do so with the author/copyright holder’s permission. If you believe that your copyrighted material has been copied, posted, or distributed on this site in a way that infringes your copyright rights, please send written notice to the Designated Copyright Agent:
Kristen Ruff (firstname.lastname@example.org)
Philanthropy New York
79 Fifth Avenue, 4th Floor
New York, NY 10003
In accordance with copyright law, please include in your written notice: (i) a detailed description of the work you believe is being infringed; (ii) a description of the location on the site where the allegedly infringing content appears; (iii) your contact information, including name, address, telephone number, and email address; (iv) a statement that you have a good-faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law; (v) a statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and (vi) your original or electronic signature.
Philanthropy New York provides links to other organizations and their information as an aid to our users. We believe all factual material contained in this site to be reliable, but we are not responsible for, and cannot guarantee the performance of, goods and services provided by others to whose sites we link. A link to another Site does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
You hereby agree to indemnify and hold Philanthropy New York, and our subsidiaries, affiliates, and licensors, and the officers, directors, employees and agents of each of these, harmless from and against any claim, demand loss or damage, including reasonable attorney’s fees, made by any third party and arising out of your use of this Site, your violation of these Terms, or your violation of the rights of any third party.
Use of this Website
We reserve the right to deny access to this Site to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies. Without limiting the foregoing, we may immediately terminate your use of this Site if you engage in any of the following prohibited activities:
In addition, some of the materials on this Site are subject to specific restrictions with respect to use. You expressly agree that you will comply with any and all restrictions. Any user who duplicates electronically or in printed form, re-transmits, redistributes, or otherwise uses materials on this Site shall be solely responsible for any violations of copyright, proprietary or other personal right including libel, slander, or any other personal injury arising out of his or her use of such materials.
THIS WEB SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SITE OR ANY SERVICE AVAILABLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
These Terms are governed by the laws of the State of New York applicable to contracts made and performed within the State without regard to its conflicts of law principles. By using this Site, you irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the County and State of New York with respect to any dispute arising under the Terms and waive objections for any reasons to the jurisdiction of those courts.
Contact Us; Comments and Questions
We strive to ensure that your visit to our Site is a satisfactory one. If you have any questions, comments, or concerns about our Terms or the Site, you may contact us by sending an e-mail to email@example.com, by telephone at 212-714-0699, or by mail at 79 Fifth Avenue, 4th Floor, New York, NY, 10003.