Brooklyn Jubilee

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LAST UPDATED: April 15, 2010

Terms of Service

Please read this Terms of Service agreement (the "Agreement") carefully. Your use of the Site (as defined below) constitutes your agreement to this Agreement.

This Agreement is between you ("you") and Brooklyn Jubilee ("Brooklyn Jubilee," "we," "us") concerning your use of the site currently located at http://www.brooklynjubilee.org (together with any successor site(s), the "Site").

1. Acceptance of Terms. The Site is made available by Brooklyn Jubilee subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using particular services on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

2. Jurisdictional Issues. The Site is hosted by Brooklyn Jubilee from the United States, and is not intended to subject Brooklyn Jubilee to the laws or jurisdiction of any state, country or territory other than that of the United States. Brooklyn Jubilee does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Information Submitted Through the Site. Your submission of information through the Site is governed by Brooklyn Jubilee's Privacy Policy, which is located at http://www.brooklynjubilee.org/privacy_policy_and_terms_of_use/privacy_policy (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 15 below. You agree that you will not:

• Post, transmit, or otherwise make available, through or in connection with the Site:
o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
o Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
o Any material, non-public information about a company without the proper authorization to do so.
• Use the Site for any fraudulent or unlawful purpose.
• Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
• Impersonate any person or entity, including without limitation any representative of Brooklyn Jubilee; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
• Use the Site to advertise or offer to sell or buy any goods or services without Brooklyn Jubilee's express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
• Frame or mirror any part of the Site without Brooklyn Jubilee's express prior written consent.
• Create a database by systematically downloading and storing Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Brooklyn Jubilee's express prior written consent.

The Site may contain information and materials intended for use in connection with volunteer training. You may access these materials for your personal use only, and may not circulate or reproduce any such materials, or any other materials from the Site, without our prior written consent. Please see Section 10 below for more information on Brooklyn Jubilee's proprietary rights in connection with information and materials provided through the Site.

'Additionally, you acknowledge and agree that you (and not Brooklyn Jubilee) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.


5. Donations. If you wish to make a donation or contribution through the Site (each such donation or contribution, a "Donation"), please note that we use a third party service, PayPal, to collect such Donations. If you wish to make such a Donation, you will be directed to one or more web page(s) hosted by PayPal (or PayPal's service providers) and not by us (the "PayPal Pages"). Your use of the PayPal Pages will be subject to PayPal's user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for the PayPal Pages, PayPal's services, PayPal's site, or any acts or omissions of PayPal. We note that we reserve the right to discontinue or change any third party service used in connection with this Site.

6. Promotions. In addition to the terms and conditions of this Agreement, any contests, sweepstakes, games, surveys, or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Brooklyn Jubilee urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

7. Registration; User Names and Passwords. You may be required to register with Brooklyn Jubilee in order to access certain services or areas of the Site (for example, to obtain volunteer information and for volunteer-related communications). With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Brooklyn Jubilee of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

8. Forums. We may make available through the Site services (for example, message boards and comment functionality on the Site) to which you are able to post information and materials (each, a "Forum").

Information contained in the Forums may be provided by employees of Brooklyn Jubilee as well as by third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Brooklyn Jubilee and its employees, officers, directors, agents, representatives, licensors, suppliers and service providers (the "Brooklyn Jubilee Entities") neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, no Brooklyn Jubilee Entity is not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in a Forum messages) or results obtained by using any such information or materials. Under no circumstances will any Brooklyn Jubilee Entity be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Brooklyn Jubilee.

In addition, the Brooklyn Jubilee Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

9. License. For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Forum or otherwise through the Site (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you hereby grant to Brooklyn Jubilee and its service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed.

This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), and sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the Site.

10. Brooklyn Jubilee's Proprietary Rights. The information and materials made available through the Site are and shall remain the property of Brooklyn Jubilee and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Brooklyn Jubilee to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Brooklyn Jubilee in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.

Trade names, trademarks and service marks of Brooklyn Jubilee include without limitation, the name "Brooklyn Jubilee", and any associated logos. All trademarks and service marks on the Site not owned by Brooklyn Jubilee are the property of their respective owners. The trade names, trademarks and service marks owned by Brooklyn Jubilee, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Brooklyn Jubilee's trade names, trademarks or service marks without our express prior written consent.

11. Links. The Site may provide links to other web sites and online resources. Because Brooklyn Jubilee has no control over such sites and resources, you acknowledge and agree that Brooklyn Jubilee and its affiliates and their respective employees, officers, directors, affiliates, agents, representatives, licensors, suppliers and service providers (collectively with Brooklyn Jubilee, the "Brooklyn Jubilee Entities") are not responsible for the availability of such external sites or resources, and the Brooklyn Jubilee Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that the Brooklyn Jubilee Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Brooklyn Jubilee shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

12. Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE BROOKLYN JUBILEE ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

13. LIMITATION OF LIABILITY. THE BROOKLYN JUBILEE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE BROOKLYN JUBILEE ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY BROOKLYN JUBILEE OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF BROOKLYN JUBILEE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BROOKLYN JUBILEE TO ACCESS AND USE THE SITE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at brooklynjubilee@brooklynjubilee.org with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

14. Indemnity. You agree to defend, indemnify and hold harmless the Brooklyn Jubilee Entities from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site (including all Donations); or (b) any violation of this Agreement by you.

15. Termination. This Agreement is effective until terminated. Brooklyn Jubilee, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Brooklyn Jubilee believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Brooklyn Jubilee may immediately deactivate or delete any Site user name, password, and/or account you may have, and all related information and files associated therewith, and/or bar any further access to such account, information, or files. You agree that Brooklyn Jubilee and its affiliates shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 9-16, and 18-20, and this Section 15, shall survive any expiration or termination of this Agreement.

16. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in Kings County, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

17. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to brooklynjubilee@brooklynjubilee.org. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.

18. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Brooklyn Jubilee does not endorse any of the products or services listed at such site.

19. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to brooklynjubilee@brooklynjubilee.org. You may also contact us by writing to 320 7th Avenue, PMB #261, Brooklyn, NY 11215, or by calling us at (718) 249-6359. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Brooklyn Jubilee. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Brooklyn Jubilee relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Brooklyn Jubilee relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Brooklyn Jubilee's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Brooklyn Jubilee will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Site © 2010 Brooklyn Jubilee unless otherwise noted. All rights reserved.