August 16, 2017
Your use of the UJANet constitutes your acceptance of these Terms. If you do not agree to these Terms, do not use the UJANet.
Content on Our UJANet
Our UJANet includes a combination of content that we, our users and other third parties create (collectively, the "Content"). All of the Content available through the UJANet including, but not limited to, written content, photographs, graphics, images, reports, financials, proposals, illustrations, marks, logos, sound or video clips, and Flash animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the UJANet in whole or in part, except to the extent they are owned by you.
Posting and Transmitting Content
You are solely responsible for all materials or Content, that you upload, post, email, transmit, or otherwise make available on the UJANet ("Your Content"). By way of example and not as a limitation, the following Content is prohibited:
- copyrighted material and trademarks that are used without the express permission of the owner;
- advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose;
- content in which you impersonate another person or entity;
- content that, in the sole opinion of UJA-Federation, is pornographic, sexually explicit or obscene;
- content that, in the sole opinion of UJA-Federation, exploits children or minors;
- content that UJA-Federation has reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment;
- content that UJA-Federation, in its sole opinion, deems offensive to the UJANet community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity;
- content that could be construed as electioneering, political advocacy or participation in campaign activity, including but not limited to providing information about a specific political candidate and/or a candidate's position on specific issues;
- content promoting or providing instructional information about illegal or illicit activities; or
- content that transmits or contains viruses, corrupted files, or any similar element.
We have the right, but not the obligation, to remove any Content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. Nonetheless, you understand that by using the UJANet, you may be exposed to Content that you find offensive or objectionable. Your use of the UJANet constitutes your acknowledgment that you bear all risks associated with using that Content.
We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the UJANet.
You may not use the UJANet in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the UJANet and the Content only through the interfaces provided by us. You agree to use the UJANet and the services only for their intended lawful purpose and in accordance with applicable laws.
Grant of License
You certify that you own all intellectual property rights in Your Content. When you post or transmit Your Content on or through the UJANet you grant UJA-Federation a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying, analyzing, assessing, and evaluating Your Content on the UJANet, and/or (ii) storing Your Content in a database for future reference. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Conduct on Our UJANet
By accepting these Terms when creating your user account on the UJANet you represent and warrant that you:
(a) are authorized to act on behalf of the Agency from which you have received the invitation;
(b) will use the UJANet in accordance with these Terms as may be provided to and updated on the UJANet from time to time;
(c) consent to the processing, review, and use of Your Content as herein described;
(d) confirm that all information which you have provided or will provide to the UJANet when using your account is true, accurate, current and complete.
You agree to promptly update your registration to keep it accurate, current, and complete. Accounts may be suspended or blocked at any time without warning if we have reason to believe that a registered user does not have appropriate authority or is in noncompliance with these Terms.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying the UJANet and the Services is the property of UJA-Federation and our contractors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the UJANet or the Services. You agree not to modify the software underlying the UJANet in any manner or in any form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the UJANet.
Without limiting the foregoing, you agree that you will not use our UJANet to take any of the following actions:
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- publish, post, upload, email, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the UJANet, any software or hardware, or telecommunications equipment;
- advertise or offer to sell any goods or services for any commercial or other purpose;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- download any file that you know or reasonably should know cannot be legally obtained in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- restrict or inhibit any other user from using and enjoying any area within the UJANet;
- collect or store personal information about other UJANet users;
- interfere with or disrupt the UJANet, servers, or networks;
- impersonate any person or entity, including, but not limited to, a UJA-Federation representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the UJANet or to manipulate your presence on the UJANet;
- take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- engage in any illegal activities.
Unauthorized access to the UJANet is a breach of these Terms and a violation of the law. You agree not to access the UJANet by any means other than through the interface that is provided by UJA-Federation for use in accessing the UJANet. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the UJANet, except those automated means that we have approved in advance and in writing.
Use of the UJANet is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the UJANet.
We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice:
- restrict, suspend, or terminate your access to all or any part of the UJANet if you fail to abide by these Terms;
- change, suspend, or discontinue all or any part of the UJANet;
- refuse, move, or remove any content from the UJANet;
- refuse to register any user name that may be deemed offensive; and
- establish general practices and policies concerning the UJANet.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the UJANet. You will be able to opt out of receiving these messages.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, misstatement or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet or the UJANet. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the UJANet, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT THE UJANET WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE UJANET. THE UJANET AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE UJANET IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (i) THE UJANET WILL MEET YOUR REQUIREMENTS, (ii) THE UJANET WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UJANET WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE UJANET WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE UJANET, ANY CONTENT, OR ANY OF OUR INFORMAION, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE UJANET AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. IN ADDITION, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF THE CONTENT ON THE UJANET, AND YOU MAY NOT RELY ON ANY OF THIS CONTENT.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE UJANET, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By utilizing the UJANet, you agree to indemnify, defend and hold UJA-Federation and all of its officers, directors, employees, agents, information providers, and licensors (collectively, the "UJA-Federation Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any UJA-Federation Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
- your use of the UJANet;
- any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- the content, the quality, or the performance of content that you submit to the UJANet;
- your connection to the UJANet;
- your violation of these Terms;
- your violation of the rights of any other person or entity; or
- your input of any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines.
You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the UJANet or by reason of the services we provide.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the UJANet or delivering them to you through email. You may update your email address by visiting the UJANet. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the UJANet or these Terms must be filed within six (6) months after such claim or cause of action arose or it will be forever barred.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 the Terms shall continue in full force and effect.
Last Revised: August 16, 2017
We may need to change the Policy from time to time in order to address new issues and to reflect changes on the UJANet or in the law. We reserve the right to revise or make any changes to the Policy, and your continual use of the UJANet subsequent to any changes to this Policy will mean that you accept such changes. Therefore, please bookmark this page and review it periodically to assure familiarity with the most current version of the Policy. We will post all changes to the Policy here so that you will always know what information we gather, how we might use that information, and when and how we will disclose that information. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page. If due to such changes, you decide that you want to delete any portion of your personal information from our database, please notify UJA-Federation at UJANetSupport@ujafedny.org.
BY USING THE UJANET, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY AND THE TERMS, DO NOT USE THE UJANET.
Please note that we cannot be responsible for the information you submit directly to third parties, who may have their own posted policies regarding the collection, use, and disclosure of your information. We urge you to review the policies of any third parties prior to your provision of such information.
Information We Collect and Track. UJA-Federation collects and retains two types of information about UJANet visitors: (i) personal information that individual visitors provide when interacting on the UJANet, or voluntarily provide on certain other occasions (such as via forms or in emails); (ii) tracking data, which is automatically collected from every UJANet visitor; and (iii) registration, and grant related information (collectively, "Information"). The Information that we gather may include your name, title and address (collectively, "Postal Information"), telephone number, email address, credit card number, wiring instructions or other elements of personal information.
In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein.
You may decline to provide any personal information, but please realize that you thereby may be unable to register on UJA-Federation's UJANet or to participate in activities or services offered by UJA-Federation on the UJANet.
The tracking data we record includes, without limitation, information regarding the number and frequency of visits to the UJANet, the websites that you access before and after you visit the UJANet, the Internet software used to access the UJANet, and your IP address and Internet service provider.
How We Use Your Information. The Information that we collect and that you provide to us is used for our business purposes and the purpose for which you provided it, including, without limitation, to respond to your requests, issues related to your grants, or general correspondence. UJA-Federation may also use the Information to contact you about the UJANet or to request your input regarding ways in which we might improve the UJANet. We may also use your Information to inform you about UJA-Federation's activities, products, services, events, requests for proposals or applications, and fundraising efforts. The Information may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the UJANet.
We will not disclose any personal information to third parties, except (i) to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing, wires and other similar services; (ii) when we believe that such disclosure is required by law; (iii) to enforce this Policy or the Terms; (iv) to protect the rights, property, security or safety of UJA-Federation, UJANet users or the public; (v) to respond to an emergency; or (vi) as otherwise stated in this Policy. In addition, we may disclose Information to certain third parties if you have requested or authorized the disclosure of such Information.
Registered Account Holders
The information we gather from you will be used to provide you with various services and permit you to access various information, including, but not limited to: Your account, uploaded information, grant history, grant application status.
Information provided to third parties is limited to the Information needed to perform their functions. We seek to limit third-party use of Information; however, we are not responsible for such third-party use of Information that is not in compliance with this Policy.
UJA-Federation may make your Postal Information available to other, pre-screened, reputable not-for-profit organizations. This information is never sold, and if you would like to opt out of having UJA-Federation share your name, title and address with other not-for-profit organizations, please email firstname.lastname@example.org with "Opt Out" in the subject line, call the Donor Center at (212) 836-1486, or write us at UJA-Federation of New York, 130 East 59th Street, New York, NY 10022.
UJA-Federation may use certain tracking data. Tracking data information may be used for a variety of purposes, including but without limitation, to compile statistical, demographic or aggregated information about visitors to the UJANet generally, or for load balancing metrics and also may be used to create reports on user demographics and the traffic patterns of the UJANet. The reports that are generated from tracking data are used for a variety of purposes, including, for example, to improve the UJANet and our services.
Transfer of Information to Third Parties Upon a Sale or Change of Control. We retain the right to transfer or assign all Information pursuant to a merger, purchase or other transaction relating to UJA-Federation or our assets if the assignee or purchaser agrees to abide by the terms of this Policy.
How Your Information Is Protected. We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your Information. You should recognize, however, that there is no such thing as "perfect security" on the Internet, and we cannot guarantee the security of your Information. In addition, because Internet communication is unsecure, it is also possible that the information you supply to us or your access of any information via the UJANet will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information.
Other Communications. From time to time, we may email users of the UJANet information regarding important developments affecting UJA-Federation. We may also email users on occasion regarding the UJANet. Such emails may be sent to users of the UJANet even if they have not requested to receive any communication from us.
Compliance With Laws. We reserve the right to disclose any Information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order ("Order") without any obligation to contest or verify the accuracy of such Order.
Applicable Law. This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the UJANet will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
How You Can Update or Correct Your Information and Contact the UJANet. You can call or email UJA-Federation at the numbers provided on the UJANet or send a message to UJANetSupport@ujafedny.org to update or correct your Information.
Please contact us at UJANetSupport@ujafedny.org if you have any questions or concerns regarding the UJANet or this Policy.