Effective Date: July 27, 2015

The Terms of Use below (“Terms of Use”) are applicable to the website located at www.carnegie.org (together with all microsites or subdomains hosted thereunder, and any other website that links to these Terms of Use, collectively, the “Site”), which is administered by Carnegie Corporation of New York (the “Corporation”). These Terms of Use are an agreement between the Corporation and you and govern your use of the Site; by accessing the Site you acknowledge and agree to accept the Terms of Use. We may amend these Terms of Use at any time. Each time you return to the Site, you are bound by the then-current version of these Terms of Use, and your continued use of the Site after any such amendment shall constitute your acceptance of these Terms of Use as amended.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

If you have any questions or issues with respect to these Terms of Use (other than complaints of copyright infringement), please contact us at: Carnegie Corporation of New York, 437 Madison Avenue, New York, NY 10022, Attn: CAO; (212) 207-6342 (fax), eb@carnegie.org. For complaints of copyright infringement occurring on this Site, please see our “Copyright” section below.

1. Our content and trademarks

The Site contains a variety of information, including grant applications, grant publications, text, photos, images and other content (collectively, “Content”) and all trademarks, logos, copyrights and other intellectual property, which are owned by the Corporation or its respective owner. The Corporation grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark, download and make limited copies of relevant Content, solely for your internal, non-commercial use. You may not use any trademark, service mark or logo of the Corporation or any third party that appears on the Site without prior written consent.

2. Registration and passwords

You may be required to create a user name or password or create a profile to access certain features of the Site (including grant applications). You may not attempt to access any password-protected areas of the Site without authorization. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names and/or security questions and answers for the Site, and may not share them with others or allow others to use them. If you share any such information with a third party, you assume all responsibility for such party’s activity related to the Site, and you must notify the Corporation immediately if you become aware of any unauthorized use. You must provide complete and accurate information to us at all times in the registration process. If you violate the foregoing provision, we have the right to suspend or terminate your access to the Site and/or your participation in our grant-making process. All information the Corporation provides to Site users supplying a password is confidential and intended solely for its intended recipient.

3. Use of the Site

You agree to the following with respect to your use of the Site:

  • You represent and warrant that all communication or content submitted or uploaded by you: (i) is accurate and does not violate or infringe the intellectual property or privacy rights, or any other laws or contractual or legal rights of any other person; (ii) is owned by you or obtained with all necessary consents, clearances, licenses and permission for use on the Site; (iii) does not contain any virus, malicious computer code or similar item; and (iv) is not defamatory, obscene, threatening, hateful, pornographic, violent, or otherwise objectionable.
  • Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and you grant the Corporation and our affiliates, collaborators, and partner organizations a non-exclusive, paid-up, perpetual, irrevocable, worldwide, sublicensable, transferable license to use, make derivative works of, copy, distribute, publish and publicly display such communication and content for any purpose.
  • You will not:
    • do anything to disable or overburden Site or impair its function, transmit any virus, worm, time bomb or similar system interference or corruptant through this Site, or restrict or inhibit others from using the Site;
    • use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site;
    • alter or modify the Content;
    • forward the Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site;
    • post the Content on another website (including social media sites), or otherwise copy (except as permitted in Section 1), distribute or modify any portion of the Site;
    • remove or obscure any copyright notice or other notices or legends featured on the Content;
    • solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site;
    • use this Site in violation of any law, regulation, rule or the intellectual property or contractual rights of others, or in any manner that could expose the Corporation or users of the Site to harm or liability;
    • harvest, scrape, collect, download or print large portions of Content from the Site
    • frame this Site within your own, except where explicitly invited to do so (for example, via the presence of a button labeled “Embed on Your Site”), or “deep link” to any pages of the Site so as to create the impression that the Content on such pages is your own;
    • imply or suggest that the Corporation has endorsed or is affiliated with you or any other party or website (including social media sites);
    • engage in harassment, bullying, threats, stalking, or hate speech;
    • intentionally or knowingly post content that constitutes libel or defamation, or is false or inaccurate;
    • attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, use the username of another user with the intent to deceive or otherwise engage in fraud;
    • post or traffic in obscene or pornographic material or any other content that violates applicable law; or
    • attempt or assist anyone else to do any of the foregoing.

The Corporation has the right (but not the obligation) to monitor the Site for your compliance with the foregoing and suspend or terminate your access to and use of the Site for any non-compliance with the above or for any other reason, and we may at any time revoke your right to use all or any portion of the Site. The Corporation may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Site to law enforcement officials or other persons or entities it deems appropriate.

4. No commissions

We do not pay commissions or other monies to anyone who participates in any way in the grant distribution process on this Site, unless we have a separate written contract to do so.

5. Privacy policy

Our Privacy Policy is part of these Terms of Use and is incorporated herein.

6. Linked sites

The Corporation does not review, monitor endorse or control the content on any websites (including social media sites) linked to or from the Site. You visit any website linked to or from this Site at your own risk, and are subject to the privacy policies and terms of use of any such sites. The Corporation disclaims responsibility for the privacy policies and customer information practices of third-party websites linked to or from the Site.

7. International use

The Site is operated and controlled by the Corporation in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the internet, the Corporation makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

8. No warranties/disclaimer

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. THE CORPORATION DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO OBTAIN A GRANT OR ANY OTHER BENEFIT THROUGH YOUR USE OF THIS SITE, AND YOU SUBMIT CONTENT TO THIS SITE SOLELY AT YOUR OWN RISK.

9. Damage limitation

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RELATING TO YOUR ACCESS TO, USE OF (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

10. Notice and takedown procedures; Copyright agent

The Corporation respects the intellectual property rights of others. If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent by sending a notice containing the following information:

  • An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
  • Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work;
  • Identification and description of the material you believe to be infringing such copyrighted work and its location;
  • The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent is:

Ellen Bloom, Corporate Secretary
Carnegie Corporation of New York
437 Madison Avenue
New York, NY 10022
Fax: (212) 207-6342
Email: eb@carnegie.org

11. Taxes

Distributing and accepting grant funds may have tax consequences at the federal, state, and local levels. We urge you to consult with your tax advisor before participating in grant-making activities or receiving funds. It is your responsibility to determine the tax consequences of actions you take and to comply with governing laws.

12. Beneficiaries/amendments

There are no third party beneficiaries of this Terms of Use.

13. Governing law/venue

These Terms of Use and your use of the Site and Content are governed by New York law. Any dispute relating to these Terms of Use or your use of this Site or Content shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City. You agree to waive trial by jury in any such action.

© Carnegie Corporation of New York, 2015. All rights reserved.