Terms and Conditions
Dated: July 8, 2010
1. Visitors Rules of Conduct
For the purposes of this Agreement, the term JBFCS (or “we” or “us” or “our”) includes, individually and collectively, the Jewish Board of Family and Children’s Services, Inc., its services providers, content providers, contractors, third party vendors, sponsors, affiliates, related entities and licensees, and their respective officers, directors, agents, employees, representatives, servants, shareholders, parents, partners, licensees, affiliates, subsidiaries, related entities, successors and assigns.
Your access or use of the Website constitutes your agreement to be bound by this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES, POLICIES OR RULES, PLEASE DO NOT USE THE WEBSITE.
To use or to participate in certain of the activities, features, functions or services on the Website you may be requested to provide certain information about yourself, including your name, contact information and resume ("personal information"). We may also obtain non-personal information regarding your visit to protect the security of other visitors or the Website or to make the Website’s content more useful for all visitors.
JBFCS is not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to us, or from a visitor's failure to fully comply with any provision of this Agreement. If necessary, and in accordance with applicable law, JBFCS will cooperate with local, state and/or federal authorities to protect the Website, visitors to the Website, or JBFCS or to prevent the unauthorized use of the Website.
2. Your Representations and Warranties
You represent and warrant that, in addition to the other representations and warranties made by you in this Agreement, you will: (a) comply with all laws, rules and other regulations applicable in connection with the Website; (b) not interfere or disrupt networks connected to the Website; (c) not use the Website to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not use or transmit through the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another user's use and enjoyment of the Website.
3. Website Content
JBFCS shall not be liable for any inaccuracies, errors or omissions on the Website. Although JBFCS does not have any obligation to correct errors, inaccuracies or omissions on the Website, we reserve the right to correct such errors, inaccuracies or omissions without prior notice. In addition, JBFCS reserves the right to change, remove, or update information on the Website at any time without prior notice and JBFCS may change, suspend or remove all or any aspect of the Website at any time without prior notice.
4. Restrictions on Use of the Website Content
Content on the Website is provided by JBFCS, its agencies, affiliates, and other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by JBFCS, visitors are prohibited from copying, reproducing, republishing, uploading, posting, transmitting, distributing, selling, licensing, renting, publicly displaying or performing, editing, adapting or creating a derivative work of any content or other elements obtained from the Website, including code and software, without the express written permission of JBFCS. Requests for such permission can be sent by e-mail to firstname.lastname@example.org. The decision to grant or deny permission is within the sole discretion of JBFCS. Notwithstanding the above, visitors may print or download content from the Website solely for their personal non-commercial use.
By accessing and/or using the Website, you represent and warrant that you are the owner or otherwise have the right to provide any information, content or materials that you post or transmit for use in the public or private areas on the Website. You hereby grant JBFCS an irrevocable, transferable, fully paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, publish, reproduce, transmit, edit, distribute and otherwise exploit any information, content or materials, including, but not limited to, comments or content, that visitors post, submit or transmit, and to create and exploit derivative works therefrom, in any form, medium, or technology now known or later developed, for any purpose whatsoever, with or without attribution to you. You also hereby agree to indemnify and hold JBFCS harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of information, content or materials that you submit to the Website.
If you have a good faith belief that any content on the Website infringes your copyrighted work, you may notify us in accordance with the requirements set forth in the Digital Millennium Copyright Act ("DMCA") and request that we remove or block access to the infringing content. The request shall include the following:
- identification and description of the copyrighted work claimed to have been infringed;
- identification and location on the Website of the allegedly infringing content;
- statement by you that you have a good faith belief that the allegedly infringing content is not authorized by the copyright owner;
- a statement by you, under penalty of perjury, that the information in your request is accurate and that you are either the copyright owner or authorized to act on behalf of the copyright owner;
- your signature or the signature of a person authorized to act on your behalf.
If you have a good faith belief that a notice of copyright infringement has been wrongfully filed against you because of content posted on the Website, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to:
Jewish Board of Family and Children's Services, Inc.
135 West 50th Street
New York, NY 10020
5. Minimum Age to Use the Website
Parts of the Website may require that you be a minimum age to participate in and/or use certain functions or benefits of the Website. Where a minimum age is posted, you must meet the designated minimum age requirements for the specific activity or event. Requirements and rules for participation in specific activities on the Website will be posted on the Website. JBFCS will not knowingly collect personal information from visitors under twelve (12) years of age. If we learn of the participation of a person under twelve (12) years of age in any such activity, his or her registration or participation will be immediately canceled and all personal information will be deleted from our files.
6. Registration to Use Website Features
Registration may be required for certain Website features, functions or services and visitors may be required to provide a user name and password. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify us of any unauthorized use of your password or other account information and you further agree to indemnify and hold JBFCS harmless for any improper or illegal use of your password.
8. Non-Personal Information
Any non-personal information provided by you, whether by e-mail or other transmission to the Website, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and will not be protected from disclosure. JBFCS shall be free to use, reproduce, disclose and distribute non-confidential and non-personal information to others without liability or restriction. You hereby grant JBFCS an irrevocable, transferable, fully paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, publish, reproduce, transmit, edit, distribute and otherwise exploit the non-confidential information sent to us, and to create and exploit derivative works therefrom, in any form, medium, or technology now known or later developed, for any purpose whatsoever, with or without attribution to you.
9. Interactive Features
We may provide interactive activities and features on the Website such as content posting forums, bulletin boards, message boards, text messaging, mobile alerts, and other means of communication (collectively, "Interactive Features").
You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through the Website. You agree not to upload, email, post, publish, distribute, transmit or otherwise make available through the Website or any Interactive Feature any content that is false or misleading; is defamatory; is threatening, abusive, harassing or invades another's privacy; promotes bigotry, racism, hatred or harm against any individual or group; is obscene; infringes another's rights; infringes any patent, trademark, service mark, trade secret, copyright, or other intellectual property right; constitutes unauthorized advertising, solicitation for goods or services, or solicitation of funds; constitutes unsolicited bulk e-mail, junk mail, spam, or chain letters; is intended to interrupt, destroy or limit the functionality or integrity of any computer software; or violates any applicable laws or regulations. Any conduct by a visitor that violates this Agreement in any way may result in the suspension or termination of the visitor's registration and access to the Website.
Submissions or postings by you to the Website will be posted in public areas on the Website. JBFCS shall not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in, on, or through these Interactive Features.
You must be at least thirteen (13) years of age to use or participate in the Website’s Interactive Features. JBFCS will not accept registrations or knowingly allow the use of or participation in its Interactive Communication Features by persons under thirteen (13) years of age.
JBFCS may allow users to post comments ("Comments") which are governed by the terms of this Agreement. Such Comments do not necessarily reflect the views of JBFCS or its subsidiaries, agencies, agents, licensees and affiliates, and JBFCS does not assume responsibility or liability for any Comments or for any claims, damages, or losses resulting from the posting of any Comments. Comments that are submitted to the Website shall be owned exclusively and in perpetuity by JBFCS, and JBFCS and its subsidiaries, agencies, agents, licensees and affiliates shall have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, distribute or otherwise exploit any and all materials and communications. JBFCS has no obligation to give credit or pay any consideration to you for any Comments.
JBFCS may participate in the Interactive Features. However, neither the staff of JBFCS or the staff of JBFCS’s subsidiaries, agencies, agents, licensees or affiliates offer professional advice of any kind through the Interactive Features and any statements or comments by such staff should not be construed as professional advice.
10. Third Party Links and Service Providers
The Website may contain links to third parties’ sites and resources. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by JBFCS of any third party resource or content. The links do not imply that JBFCS sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site. JBFCS reserves the right, in its sole discretion, to terminate links with any third parties or other websites that it deems inappropriate.
JBFCS does not represent or endorse the accuracy or reliability of any facts, advice, opinions, statements or other information provided by third parties either on our Website or through links to the Website. You acknowledge that any reliance upon any such facts, advice, opinions, statements or other information shall be at your sole risk and you agree that JBFCS shall not be held responsible or liable, directly or indirectly, for any loss, harm or damage caused or alleged to have been caused in any way related to any facts, advice, opinions, statements or other information displayed on or linked through the Website.
Certain features or functions of the Website may be hosted, managed, maintained and/or processed by or through third party service providers. In using any of these features or functions, for example, uploading a resume or making a donation online, your Internet browser may automatically be directed to and opened by a third party web site and/or your information may be furnished to a third party service provider for processing (including, without limitation, the processing of your credit card information) and storage. JBFCS makes no representations about the content, functionality or practices of such third party sites and resources or third party service providers, and disclaims any and all warranties, express or implied, with respect thereto. Unless explicitly stated on the Website, JBFCS shall not be responsible for the privacy or other practices of third party service providers, or the acts or omissions of any third party service provider.
11. Text Messages and Mobile Alerts
12. International Users
The Website is controlled, operated and administered from within the United States. JBFCS makes no representation that the Website or content on the Website are appropriate or available for use outside of the United States, and access to the Website where the Website or the content on the Website is illegal is prohibited. If you access the Website from outside the United States, you are responsible for compliance with all applicable local laws and regulations.
13. Restriction or Termination
JBFCS reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice.
14. Disclaimer of Warranties
YOUR USE AND BROWSING OF, AND ANY RELIANCE UPON, THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS." JBFCS DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, ACCURACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF JBFCS HAS BEEN MADE AWARE OF SUCH PURPOSE) AND FREEDOM FROM COMPUTER VIRUS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JBFCS OR AN AUTHORIZED REPRESENTATIVE OF JBFCS SHALL CREATE A WARRANTY. NO NEWS ITEMS, PRESS RELEASES, CASE STUDIES OR TESTIMONIALS PUBLISHED ON OR ACCESSIBLE THROUGH THE WEBSITE SHALL CREATE A WARRANTY.
15. Limitation of Liability
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, JBFCS AND THE WEBSITE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBFCS IS NOT LIABLE FOR OR SHALL BE LIABLE FOR OR HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE), LOSS OR DAMAGES THAT A VISITOR INCURS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF (A) ANY FAILURE OR INTERRUPTION OF THE WEBSITE; (B) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (C) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE OR CONTENT ON THE WEBSITE; (D) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE; OR (E) ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF JBFCS. IN NO EVENT SHALL JBFCS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF JBFCS OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL AND SERVICE PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. JBFCS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE WEBSITE.
WITHOUT LIMITATION OF ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD JBFCS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, HARM, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE WEBSITE; (B) ANY FRAUD, OR OTHER BREACH OF THIS AGREEMENT, BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST JBFCS ARISING OUT OF YOUR USE OF THE SERVICES AND/OR CONTENT ON THE WEBSITE; (D) ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT; AND/OR (E) YOUR VIOLATION OF ANY LAWS, REGULATIONS, RESTRICTIONS OR RULES APPLICABLE TO THE WEBSITE.
In the event that you have a dispute with one or more other users of the Website, you release JBFCS (and our officers, trustees, directors, employees, agents, successors and assigns) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You agree to cooperate with any efforts that we may, in our sole discretion, deem necessary to identify and take actions against possible fraudulent activities. You further agree that if, for any reason, you are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend your use of the Website, terminate your use of the Website and/or seek prosecution against you to the fullest extent of the law.
All trademarks, service marks and trade names of JBFCS, its agencies, operational and service providers, subsidiaries, agents, and affiliates, including the names Jewish Board of Family and Children’s Services and JBFCS (collectively "Marks") are trademarks or registered trademarks of JBFCS. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without JBFCS’s prior written consent. The use of the Marks on any other web site or network computer environment is not allowed.
20. Force Majeure
Neither JBFCS nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.
21. Choice of Law and Forum
This Agreement and all matters relating to your access to, and use of, the Website shall be governed by the laws of the State of New York without regard to its conflict of laws. Any dispute arising out of or relating to this Agreement or your access or use of the Website shall be subject to the exclusive jurisdiction of the federal or state courts located in New York County in the State of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be amended, modified or revised by you.
22. Additional Assistance
IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARE NOT AUTHORIZED TO AGREE TO THIS AGREEMENT, PLEASE EXIT THE WEBSITE.
© 2010 Jewish Board of Family and Children’s Services, Inc.