TERMS AND CONDITIONS OF USE
Welcome to the Web site of NEO Philanthropy, Inc. (“NEO”) located at www.theneodifference.org (“Web site”) owned and operated by NEO (“we” and “us”). In addition to the Content on the Web site and the services provided by NEO through the Web site (“Services”), the Web site provides you with various opportunities to submit content and participate in various Services, including but not limited to, private intra-net sites.
BY USING OUR WEB SITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
1. Copyright and Ownership. All of the content featured or displayed on the Web site, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by NEO, its licensors, vendors, agents and/or its Content providers. All elements of the Web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web site may be used only for the intended purpose for which such Web site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web site, you are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational and noncommercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site. For purposes of these Terms and Conditions, the use of any such material on any other Web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site and Services. The Web site, its Content and all related rights shall remain the exclusive property of NEO or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Web site.
2. Trademarks. All trademarks, service marks and trade names of NEO used herein (collectively “Marks”) are trademarks or registered trademarks of NEO or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without NEO’s prior written consent. The use of NEO trademarks on any other Web site or network computer environment is not allowed. NEO prohibits the use of NEO’s trademarks as a “hot” link on or to any other Web site unless establishment of such a link is approved in advance.
3. Submission Policy. Where NEO has specifically invited or requested submissions, NEO encourages members of the public to submit user published content or user content (e.g., postings to chat rooms, participation in communities, videos, tips, etc.) to NEO that they have created for consideration in connection with the Web site and any related programs, books and broadcasts (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting content on our Web site, you expressly grant NEO a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sub-license such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential, and NEO shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
4. Inappropriate Materials and Submissions. To the extent NEO allows you to post or submit content to this Web site, you are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. NEO will reject any submissions or postings in which NEO believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, NEO reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Web site. You further understand and agree that sending unsolicited e-mail advertisements to the Web site or any user of the Web site or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Web site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
5. Framing this Web site. Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations.
6. Third-Party Links. From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by NEO. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or other information located on or accessible from any other Web site, nor any products or services that you buy from that Web site or any donations made through that Web site. We do not endorse, guarantee or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the products or services that you may obtain from using any other Web sites or how any donations you make through such Web sites will be used. If you decide to access any other Web sites linked to or from this Web site, you do so entirely at your own risk.
7. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Web site. In consideration of your use of the Web site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NEO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NEO has the right to suspend or terminate your account and refuse any and all current or future use of the Web site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Services and Web site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information.
8. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.
9. Force Majeure. Neither NEO 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; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
10. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NEO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEO DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY. NEO does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web site, or your downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to our Web site or Services, and operation of the Web site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL NEO, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT NEO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL NEO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
12. Indemnity. You agree to defend, indemnify and hold NEO harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Web site or the Internet or your placement or transmission of any message or information on this Web site by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to NEO; or (f) any other party’s access to and use of the Web site with your unique username, password or other appropriate security code.
13. Release. In the event that you have a dispute with one or more other users of the Web site, you release NEO (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Termination. You or we may suspend or terminate your account or your use of this Web site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web site in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
15. General. Any claim relating to, and the use of, this Web site and the materials contained herein is governed by the laws of the State of New York. You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by NEO in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 8 (Access and Interference), 11 (Limitations of Liability), 12 (Indemnity), and 13 (Release) shall survive any termination or expiration of these Terms and Conditions.
16. Entire Agreement. These Terms and Conditions are the entire agreement between the user and NEO and supersede any prior understandings or agreements (written or oral).
17. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org.
18. Copyright Notice. All Web site design, content, graphics, text selections, arrangements and all software are Copyright © 2010, NEO Philanthropy, Inc. ALL RIGHTS RESERVED.
NEO may collect personal information, voluntarily submitted by visitors to the Web site, which enables us to respond to requests for more information or assistance. To the extent NEO does collect such information via the Web site, NEO will adhere to the highest standards of ethical practices in all of our operations and is dedicated to protecting the privacy of all visitors to our Web site. Except as disclosed below, we do not sell, barter, give away, rent or permit anyone outside of NEO to use your personal information.
We may occasionally use third-party agents, subsidiaries, affiliates and partners to perform functions such as marketing or analytics on our behalf. These entities would have access to the personal information needed to perform their functions and will be contractually obligated to maintain the confidentiality and security of any personal information collected from the Web site. They will be restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Web site.
To the extent that you, as a visitor to this Web site, submit any personal information, we may use or disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Web site; (b) protect and defend our rights or property, the Web site or our users, and/or (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents or the users of the Web site or the public.
NEO may collect additional information to help us tailor the Web site to visitor interests and concerns. We may use “cookies” to help us understand which parts of our Web site are the most popular, where our visitors are going and how much time they spend there. The information that is gathered through cookies is used solely to assist in improving Web site design and function. You may elect to block cookies from this Web site through your browser settings. NEO strives to protect the transmission of any information submitted by visitors. But no transmission of data is completely secure, and submissions are at the visitor’s risk.
We may use Internet Protocol addresses (i.e., a number assigned by your Internet Service Provider so you can access the Internet) to diagnose possible technical problems, administer our Web site, and aggregate data on use. Log files, which identify every request made to our server, may be used to determine statistically which areas of the Web site our visitors prefer and to prepare future content based on the interests of our visitors.
Questions and comments should be directed to info[at]theneodifference.org.
© 2014 NEO Philanthropy. All Rights Reserved.