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Terms and Conditions

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.

Privacy Policy
Please carefully review our Privacy Policy, which is incorporated into and a part of these Terms.

Trademarks
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:

  • attribute the materials to Philanthropy New York,
  • affix references to Philanthropy New York on all reproductions,
  • make no changes to the materials, and
  • refrain from any redistribution of the materials.

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.

No Framing
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 (kruff@philanthropynewyork.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.

Links
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). 

Indemnification
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:

  • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; 
  • Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit in any manner through this Site;
  • Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; 
  • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without Philanthropy New York's prior written approval; 
  • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Interfering with or disrupting any servers or networks used to provide this Site, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide this site;
  • Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • “Stalking” or otherwise harassing another; 
  • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person; 
  • Collecting or storing personal data about other users; 
  • Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Site.

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.

Disclaimers
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.

Governing 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.

General Provisions
Nothing in these Terms creates an agency, partnership, joint venture, employee-employer, member or similar relationship of any kind between Philanthropy New York and any user of the Site. These Terms, including the Privacy Policy, constitute the entire agreement and supersede all other agreements (oral or written) between you and Philanthropy New York regarding your use of the Site. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign your rights under the Terms without Philanthropy New York's prior written consent (and any attempted assignment will be null and void). Philanthropy New York may assign these Terms and transfer any of its rights, obligations and information provided at any time for any reason.

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 info@philanthropynewyork.org, by telephone at 212-714-0699, or by mail at 79 Fifth Avenue, 4th Floor, New York, NY, 10003.