Website Terms of Use

Last Modified: December 8, 2017

Acceptance of the Terms of Use

Welcome to the website of Craig Newmark Philanthropies. Craig Newmark Philanthropies includes the Craig Newmark Foundation, a California nonprofit public benefit corporation, the Craig Newmark Philanthropic Fund (donor advised funds), and related parties (collectively referred to as “Foundation”, “we,” “our,” or “us”). The following terms (these “Terms of Use”) govern your access to and use of this website, www.craignewmarkphilanthropies.org, and its content (collectively, this “Website”). By using this Website, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the Website. Unless the context indicates otherwise, the terms “you” and “your” refer to both you individually and any organization you are accessing the Website on behalf of.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them. Your continued use after changes are posted means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.

Accessing this Website

To access this Website or the resources it offers, you may be asked to provide information about yourself or the organization you represent. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete.

Privacy

We may collect and use information about you, or provided by you, consistent with our Privacy Policy. The Privacy Policy is part of these Terms of Use and is incorporated by reference. All information you provide through this Website is governed by our Privacy Policy.

Intellectual Property Rights

This Website and its entire contents are owned by Craig Newmark Foundation and other providers of such material and are protected by copyright, trademark, and other intellectual property or proprietary rights laws. The names “Craig Newmark Foundation” and “Craig Newmark Philanthropies,” and all related names, logos, designs, and slogans are trademarks or tradenames of the Foundation or its affiliates or licensors.

Permitted Uses of this Website

These Terms of Use permit you to use this Website for your personal use or for your organization’s internal use. If you are a journalist, blogger, author, or member of the press, you may also reproduce and display the photos, information, and other content provided on our Press page in connection with any article, blog post, or other journalistic work. You may not use this Website or its content except as expressly permitted by these Terms of Use.

Prohibited Uses of this Website

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You shall not:

 

Reliance on Information Posted

This Website content is provided solely for general information purposes. We do not warrant its accuracy or completeness. Any reliance on information on this Website is at your own risk. We may update this Website from time to time, but its content is not necessarily complete or up-to-date.

Linking to this Website

You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of partnership, association, approval, or endorsement by us without our express written consent. We reserve the right to withdraw linking permission at any time.

Links from this Website

This Website may contain links to other sites and resources provided by third parties. We have no control over or responsibility for those sites or resources. If you decide to access any of the third party websites or resources linked on this Website, you do so entirely at your own risk and subject to the terms and conditions for such websites.

Termination of Your Access

If you violate these Terms of Use, we may revoke your right to use and access this Website, in which case you must immediately cease using this Website and destroy all copies of any materials you have obtained from this Website.

Disclaimer of Warranties

We cannot and do not guarantee that this Website or its content will be free of viruses or other harmful components. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection, and for maintaining restoration methods for any lost or damaged data.

USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

Grants from the Foundation

If you accept a grant from Craig Newmark Philanthropies, you agree to comply with any terms and conditions applicable to grants, as provided by the grantor or through this Website (e.g., in the Information Request), and you agree to defend, indemnify and hold harmless the Foundation and the Foundation’s ‎officers, ‎directors, agents, employees, and contractors from and against all claims, ‎‎demands, ‎payments, suits, actions, proceedings and judgments of every nature and ‎description, ‎including ‎attorneys’ fees and costs, presented, brought or recovered against ‎Foundation for ‎or on account of ‎any liability arising out of your use or ‎administration of the grant and any ‎liability ‎arising out of any omission or action in connection with the grant of any ‎officer, director, agent, ‎employee, or contractor affiliated with you.‎

Governing Law and Jurisdiction

All matters relating to this Website shall be governed by the internal laws of the State of California without giving effect to any conflict-of-law rules. Any legal suit, action or proceeding arising out of or related to this Website shall be instituted exclusively in the U.S. federal or state courts located in the City of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in any relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of any of these terms shall constitute a continuing or further waiver of the same term or any other term, and any failure or delay in asserting these terms shall not constitute a waiver. Whenever possible, each provision of these Terms of Use shall be interpreted in such manner as to be effective and valid under applicable law. If any provision is held to be invalid or unenforceable in any situation in any jurisdiction, such holding shall not affect the validity or enforceability of the remaining provisions or such provision in any other situation or jurisdiction. If any provision is finally adjudged by a court of competent jurisdiction to be invalid or unenforceable, such court shall have the power to limit such provision, delete specific words or phrases, or replace it with a valid and enforceable provision that comes closest to expressing the intention of the invalid or unenforceable provision, and these Terms of Use shall be enforceable as so modified.

Feedback and Comments

If you submit feedback, suggestions, ideas, comments, or other information (collectively, “Comments”) to us through this Website or email, including suggestions for improvements to this Website or the Foundation’s programs or activities, you grant the Foundation a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license, without restriction, remuneration, or attribution of authorship to use, publish, disclose, display, perform, copy, and otherwise commercially exploit the Comments in any manner and via any media without reference to the source. You acknowledge that your Comments are not binding upon the Foundation in any way.

How to Contact Us

This Website is operated by the Craig Newmark Foundation. All Comments should be submitted through the Contact Us page of this Website.