TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

 

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
Last Revised: July 1, 2012

The www.on1foot.org website (“Website”) is owned and hosted by the American Jewish World Service, (“AJWS” or “we” or “us”), 45 West 36th Street, New York, NY 10018.
This Website is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained herein, including the terms and conditions of use, policy on uploading, privacy policy and general terms (collectively, this “Agreement”).  AJWS reserves the right to change any provision of this Agreement at any time without notice.  We will endeavor to post the date of the most recent revision at the top of this Agreement.  You understand the need to revisit this Agreement from time to time to ascertain whether changes have been made.  All such modifications shall take effect immediately upon posting on the Website.

Any rights not expressly granted herein are reserved.
 

Questions regarding any part of this Agreement can be sent to info@on1foot.org.
 

I. Terms and Conditions of Use 
 

II. Policy on Uploading 
 

III. Privacy Policy 
 

IV. General Terms 
 

I.    TERMS AND CONDITIONS OF USE
 

Non-Commercial Use Limitation
 

This Website is for non-commercial use only. You may not publish, license, or sell any content, including information, software, products or services, that is displayed on or provided or made available through this Website (collectively, “Content”). Content may be downloaded, displayed and printed for non-commercial use only.  Certain Content may be subject to additional restrictions, which will be communicated to you. 

Liability Disclaimer 
 

ALL CONTENT IS FOR EDUCATIONAL PURPOSES ONLY, BUT AJWS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE.  THIS INCLUDES PRODUCTS OR SERVICES MADE AVAILABLE BY THIRD PARTIES.  CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  AJWS AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 

AJWS MAKES THIS WEBSITE AVAILABLE AT NO CHARGE, AS A PUBLIC SERVICE TO USERS.  IN NO EVENT SHALL AJWS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AJWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

No Unlawful or Prohibited Use
 

As a condition of your use of this Website, you warrant to AJWS that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement.  A violation or threatened violation of this provision may result in legal action against you.
Links to Third Party Sites
 

This Website may contain hyperlinks to websites operated by parties other than AJWS.  AJWS does not control such websites and is not responsible for their contents.  AJWS’s inclusion of hyperlinks to such websites is solely for educational purposes and does not imply any endorsement of the material, content or purpose on such websites. 
 

Copyright Infringement Notification
 

If you are a copyright owner or an agent thereof and believe that any content on our Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing or electronically (see 17 U.S.C 512(c)(3) for further detail):
 

1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
 

2.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
 

3.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate content quickly);
 

4.    Information reasonably sufficient to permit us or our agents to contact you, such as an address, telephone number, and, if available, an electronic mail address;
 

5.    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
 

6.    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

Our designated Copyright Agent to receive notifications of claimed infringement is:
 

Kristine Stallone
Director of Finance
American Jewish World Service
45 West 36th Street
New York, NY 10018
kstallone@ajws.org
212.792.2922
 

Only DMCA notices and notices relating to complaints in connection with infringement of intellectual property rights should go to the Copyright Agent.  Any other feedback, comments, requests for technical support and other communications should be addressed to our standard support contacts as identified on this Website.
 

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.  THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.  YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
 
II.    POLICY ON UPLOADING
 

The Website permits the submission of Content by registered users (“User Content”).  User Content includes both Content authored by the user (such as user comments) and Content not authored by the user.  User Content includes any organizational logo, symbol or icon you submit as part of your registration.  Notwithstanding our Privacy Policy, you understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content.  All User Content, once published, is available to all users of the Website.  This includes any compilation of User Content or source sheet that you create or compile using the Website’s Source Sheet Builder application.
 

As stated in our Liability Disclaimer, we do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.
 

We reserve the right to decide whether User Content is appropriate and complies with this Agreement.  We may remove User Content and terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
 

In connection with User Content, you agree that you will not submit material that is copyrighted and not within the realm of fair use, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AJWS and all other users of the site all of the license rights granted herein.
 

By submitting the User Content to us, you retain all your ownership rights in that User Content, but you hereby grant AJWS a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display and perform all or any portion of the User Content in connection with the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.  This includes information compiled and saved using the Website’s Source Sheet Builder application. You understand that an On1Foot logo may be added to any User Content.
 

Additional Rules For Posting
 

1.    By registering with and participating in the Website, you represent and warrant that your identity and other personal information provided upon registration is accurate and that you will not impersonate any other person in your registration or in any posting.
 

2.     You are responsible for all User Content you submit to the Website.  User Content will identify you by your user name and (if provided) organizational affiliation as poster, and source sheets you create using our Source Sheet Builder™ application will also identify you in the same manner.
 

3.    You may not use the Website for any purpose in violation of local, state, federal or other applicable law.
 

4.    You may not post or transmit any User Content which is libelous or defamatory, or which discloses private or personal matters concerning any person.  You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.  It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Website is used to disseminate statements which we determine to be offensive or harmful.
 

5.    You may not post or transmit any User Content that would violate the property rights of others, including unauthorized copyrighted text beyond the realm of fair use, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
 

6.    You may not interfere with other users’ use of the Website, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any User Content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Website infrastructure or that negatively affects the availability of the Website to others.
 

7.    You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
 

8.    Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
 

 9.    You agree that any employment or other relationship you form or attempt to form with an employer, employee or contractor whom you contact through the Website is between you and that employer, employee or contractor alone, and not with us.
 

10.    You may not copy or use personal identifying or business contact information about other users without their permission.  Unsolicited e-mails, mailings, telephone calls or other communications to individuals or companies which you obtain through the Website are prohibited.
 

11.    Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engines and search agents available from us on this Website and other than generally available third-party web browsers (such as Microsoft Explorer) is prohibited.
 

 III.    PRIVACY  POLICY

We respect and are committed to protecting your privacy.  This Privacy Policy lets you know how personally identifying information (“personal information”) collected through this Website is processed and used.  It does not cover personal information that may be collected through other websites or by AJWS in other venues.
 

Collection, Use and Disclosure of Personal information
 

We collect your name and e-mail address during registration.  We may also collect other personal information from you, such as location and organizational affiliation, only when you voluntarily submit this information.  AJWS will not sell, share or rent your information to others except when we need to share the information to provide a product or service you have requested; or to enable a third party to provide services to us and then only to provide those services.  We also will disclose personal information to enforce our rights, to prevent fraud or when required by law, judicial process or other legal order to do so.
However, as noted above, your user identification and organizational affiliation (if provided) will be made public along with any User Content you post on the Website.  Additionally, any personal information you choose to share on the Website will be publicly available. 
 

Cookies
 

A cookie is a piece of data stored on your hard drive.  Our cookies contain no personal information about you.  Among other things, cookies help keep track of data you have entered during the session for your convenience.
 

Links
 

This Privacy Policy does not apply to other websites to which our Website may link.  We are not responsible for privacy policies of other websites linked to our Website.  Please read the privacy statements of those websites for information about how they treat personal information. 
 

E-mail Communications
 

After your registration, you may receive periodic e-mail correspondence from us.  All email subscription information stored on our database is not shared or sold to any third party, except to certain service providers to help deliver the e-mails to you.  Subscribers wishing to unsubscribe from our e-mails can do so by clicking the “unsubscribe” link or following the instructions contained within any email received from us.  You can also notify us that you do not wish to receive e-mail communications by sending an e-mail to info@on1foot.org.  Even if you opt-out of such e-mails, we still may e-mail you any notices or other communications in connection with your use of the website .
 

Security
 

We maintain physical, electronic and procedural safeguards intended to protect against loss, misuse or unauthorized access to information under our control.  We restrict access to your personal information to those employees and contractors who reasonably need to come into contact with that information to provide products or services to you, and they may use it only for that purpose.
 

IV.    GENERAL TERMS
 

This Agreement is between you and AJWS and is governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.  You agree that no joint venture, partnership, employment or agency relationship exists between you and AJWS as a result of this Agreement or use of this Website.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.  This Agreement constitutes the entire agreement between you and AJWS with respect to the subject matter, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AJWS with respect to this Website.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.