Effective Date: April 15, 2013
1. Our content. The Site contains a variety of information, including grant applications, grant publications, ideas and comments from users, and other information or content ("Content"). Carnegie grants you a personal, non-exclusive license to download and make limited copies of relevant Content, solely for your internal use for purposes consistent with the Site’s purpose. You may not harvest, scrape, collect, download or print large portions of Content from the Site. Any copies of Content from the Site must bear the proper copyright notice (e.g., © [year of publication] Carnegie Corporation of New York. All rights reserved.).
2. Registration and passwords. You may have to create a user name or password or create a profile to access certain features of the Site (including grant applications). You may not share your user name or password with others or allow others to use them, and 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.
3. Use of the Site. You agree to the following with respect to your use of the Site:
- You represent and warrant that all 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.
- You grant Carnegie and our affiliates, collaborators, and partner organizations a non-exclusive, paid-up, perpetual, irrevocable sublicensable, assignable license to use, make derivative works of, copy, distribute, publish and publicly display your Content for all purposes consistent with Carnegie’s and its affiliates, collaborators, and partner organizations’ authorized business activities.
- You will not: (i) do anything to disable or overburden Site or impair its function; (ii) use automated means to access the Site; (iii) send spam or other unauthorized advertisements or solicitations through the Site; (iv) solicit private information from users of the Site; (v) use this Site in violation of any law or regulation or in any manner that could expose Carnegie or users of the Site to harm or liability; (vi) frame this Site within your own (or “deep link” to any pages other than its home page); or (vii) attempt or assist anyone else to do any of the foregoing.
We have 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.
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.
7. No warranties/disclaimer. THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND CARNEGIE EXPRESSLY DISCLAIMS SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, FITNESS FOR USE, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. CARNEGIE 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. IF YOU ACCESS THIS SITE FROM OUTSIDE THE U.S., YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY LOCAL LAWS.
9. Damage limitation. TO THE FULLEST EXTENT ALLOWED BY LAW, CARNEGIE IS NOT LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RELATING TO YOUR USE OF THE SITE.
10. Copyright. Carnegie respects the intellectual property rights of others. If you believe your copyright has been infringed on the Site, you may notify our designated Copyright Agent by sending a notice containing the following:
- An electronic or physical signature of the copyright owner or a person authorized to act on its behalf;
- Identification of the infringed work;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, email address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the complaining party is the copyright owner or is authorized to act on behalf of the owner.
Our designated Copyright Agent is:
Carnegie Corporation of New York
437 Madison Avenue
New York, NY 10022
Attn: Ellen Bloom, Corporate Secretary
Fax: (212) 207-6342
When we receive such a notice, we may, at our discretion, remove or disable access to the allegedly infringing material and/or suspend or terminate the access of the infringing user. If we remove or disable access to material, we will make a good-faith attempt to contact the person who submitted it, so he or she may make a counter notification pursuant to 17 U.S.C. § 512(g)(2) & (3). If we receive such a counter notification, we may reinstate the material. To file a counter notification, you must provide a written notice to our above Copyright Agent that does the following:
- Provides your name, address, telephone number, email address.
- Provides a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
- Identifies the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (i.e., the specific URLs or other unique identifying information).
- States under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Provides your physical or electronic signature.
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.
Address for Legal Notices:
Carnegie Corporation of New York
437 Madison Avenue
New York, NY 10022
Attn: CAO (212) 207-6342 (fax)