ACCEPTANCE OF TERMS.
You need not register in order to use the Site, but you will be required to register prior to making a donation or submitting by providing your name and e-mail address (“Registration Information”) in order to receive updates and additional information via e-mail. By doing so, you signify your agreement that we may use your e-mail address to send you information relating to the Site.
USE OF CONTENT.
You acknowledge that all content, including, without limitation, names, likenesses, images, pictures, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material and files (collectively, the “Content”) used on or incorporated into the Site, and the selection, arrangement and/or integration of all such Content, are protected property of Owner, or used under license or otherwise, and all rights thereto and therein are specifically reserved. The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on the Site are owned by Owner and others and no license or right to use any Marks contained on the Site is granted, whether by implication or otherwise. Use of any Marks contained on the Site is expressly prohibited unless authorized in writing by Owner and/or the owner of the applicable Marks. All rights not explicitly granted herein are reserved.
The Site may contain typographical errors or inaccuracies and may not be complete or current. Owner therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
Owner specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on the Site by Owner or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; the use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or the use of the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.
Content posted by users and contributors unaffiliated with Owner (“User Content”) is generally not reviewed by Owner. Nonetheless, Owner reserves the right to change, delete, or remove, in part or in full, any postings in Interactive Areas, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples’ use of the Site, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, Owner shall have the right to remove any User Content it has reason to believe may infringe the rights of a third party. Owner reserves the right, in its sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit Owner’s response to a future occurrence. You acknowledge and agree that Owner shall not assume or have any liability for any action or inaction by Owner with respect to any User Content. Users shall remain solely responsible for User Content and any material or information transmitted to, or interaction with, other users.
Any submissions or postings by visitors to parts of the Site, including Interactive Areas, without limitation, will be public and posted in public areas on the Site. Owner, its affiliates, and our and their officers, directors, employees and agents that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or User Content posted, uploaded or transmitted in these Interactive Areas.
You must be thirteen (13) years of age or older to participate in any Interactive Areas. Owner will not accept registrations from or knowingly allow participation in Interactive Areas by persons under thirteen (13) years of age. For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. By participating in any of the aforementioned activities, all users agree to follow Owner’s User Conduct Policy as described herein or elsewhere on the Site. Owner reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any User Content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our policies. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through the Site. Owner reserves the right to terminate your access to and use of the Site, if, in our sole discretion, your conduct fails to meet any of the following guidelines:
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on the Site infringes your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent:
The Pittsburgh Foundation
5 PPG Place, Suite 250
Pittsburgh, PA 15222
Attn: Christopher Whitlatch
whitlatchc at pghfdn.org
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
THIRD PARTY SITES.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the “Third Party Sites”). Owner does not make any representations or warranties about any Third Party Sites you may access through the Site. These links are provided solely as a convenience to you and do not constitute an endorsement by Owner or imply that Owner sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the Third Party Sites. We are not responsible for the contents of, or any products or services offered on, Third Party Sites, and you are responsible for making your own independent decisions regarding your interactions or communications with any Third Party Sites.
Owner reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. Owner may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT ARE PROVIDED TO YOU “AS IS”. NONE OF OWNER, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY 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 SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU.
You specifically acknowledge and agree that Owner and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while Owner intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Owner does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses or destructive materials and Owner shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site or the server that makes it available, or your downloading of any Content from the Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OWNER AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER OWNER, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
Owner does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through the Site or Owner mail and e-mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas or comments (collectively, the “Unsolicited Materials”) sent to Owner will be deemed non-confidential. By submitting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials, and you agree to waive any “moral rights” you may have in the Unsolicited Materials. Any Unsolicited Material will become and remain the property of Owner.
User’s Grant Of Limited License.
By communicating with Owner, including submitting or sending Unsolicited Materials or other information or material to the Site, you grant Owner the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Owner.
Governing Law AND LIMITATION OF ACTIONS.
Last Updated: January 17, 2012
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