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TERMS AND CONDITIONS OF USE AND PRIVACY POLICYTERMS AND CONDITIONS OF USE AND PRIVACY POLICY Last Revised: February 10, 2009
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. Any rights not expressly granted herein are reserved. I. Terms and Conditions of Use
I. TERMS AND CONDITIONS OF USE AJWS MAKES THIS WEBSITE AVAILABLE AT NO CHARGE, AS A PUBLIC SERVICE TO REGISTERED 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 Links to Third Party Sites Copyright Infringement Notification 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. Louis D. Schwartz 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 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, 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 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 and our business, 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.
Additional Rules For 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, 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 except in those areas (e.g., a classified bulletin board) that we have designated for such purpose. 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 Collection, Use and Disclosure of Personal information 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 Links
E-mail Communications Security 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.
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