Terms of Service
PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THESE “TERMS OF USE” CAREFULLY
BEFORE YOU USE THIS WEBSITE (the “Site”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
You, the user of this website, agree that your access to this website (whether accessed directly on reisenbachphilanthropies.org or via redirection from reisenbachfoundation.org, jarnyc.org or any other site, or through linking from any third party site) and use of this website (including browsing) is subject to the terms and conditions set forth in these Terms of and our Privacy Policy (which may be viewed here: www.reisenbachphilanthropies.org/privacy-policy , any additional terms, conditions, guidelines, rules and/or codes of conduct applicable to specific areas of the Site that may be posted in those areas, as well as with all applicable laws. You agree that any such access or use is undertaken at your own risk. The additional terms, conditions, guidelines, rules, and codes of conduct applicable to specific areas of the Site, together with these Terms of Use and our Privacy Policy, govern your use of those areas. If there is a conflict between these Terms of Use or our Privacy Policy and the more specific terms, conditions, guidelines, rules or codes of conduct posted elsewhere on the Site, the more specific terms will control your use of the applicable area of the Site.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE (INCLUDING THIS SITE’S PRIVACY POLICY), OR ANY ADDITIONAL POSTED TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT, DO NOT BROWSE OR OTHERWISE USE THIS SITE.
USE OF THE SITE IS FREE HOWEVER YOU ARE RESPONSIBLE FOR ANY MOBILE NETWORK OR THIRD- PARTY NETWORK PROVIDER’S RATES AND FEES.
NOTHING IN THESE TERMS OF USE, OUR PRIVACY POLICY, OR ANY OTHER TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT POSTED ON THE SITE ARE INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW WHERE YOU RESIDE. IF THERE IS A CONFLICT BETWEEN THOSE LEGAL RIGHTS AND THESE TERMS OF USE OR OUR PRIVACY POLICY, YOUR RIGHTS UNDER APPLICABLE LAW WILL APPLY.
Welcome to http://www.reisenbachphilanthropies.org/(the “Site”), owned, operated and maintained by Reisenbach Philanthropies Inc., (formerly known as the John A. Reisenbach Foundation, Inc. (“Reisenbach,” “we,” “us,” or “our”), for your personal enjoyment and information. The words “you,” “your,” and “user’ as used herein refer to all individuals and/or entities accessing or using the Site. This Site is intended for use in the United States by United States residents. Use of the Site is subject to these Terms of Use (the “Terms of Use”). These Terms of Use are a contract between you and Reisenbach, and your use of the Site constitutes your agreement to its terms and conditions and our Privacy Policy, and your use of any area of the Site for which additional terms, conditions, guidelines, rules or codes or conduct are posted constitutes your agreement to those additional terms, conditions, guidelines, rules and codes of conduct.
We reserve the right, in our discretion, to change or modify these Terms of Use and/or our Privacy Policy from time effective immediately upon posting of the revised Terms of Use or Privacy Policy, and the date of the most recent revisions will appear at the bottom of this page, so check back each time you use the Site. If you do not agree to the revised Terms of Use or Privacy Policy, your sole recourse is to immediately stop all use of the Site and services. Your continued use of the Site and services will constitute your binding acceptance of these Terms of Use and the Privacy Policy, as amended from time to time. The Site is maintained for your convenient access to information about Reisenbach and its programs and grantees, as well as links to other websites or applications we think might be of interest to you. IF AT ANY TIME THESE TERMS OF USE, THE PRIVACY POLICY, OR ANY TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT APPLICABLE TO SPECIFIC AREAS OF THE SITE ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL BROWSING AND OTHER USE OF THE SITE AND SERVICES. THESE TERMS OF USE ALSO INCORPORATE BY REFERENCE OUR PRIVACY POLICY, WHICH CAN BE FOUND AT http://reisenbachphilanthropies.org/privacy-policy/
OWNERSHIP OF SITE CONTENT.
You acknowledge that all content, material and files used on or incorporated into this Site (the “Content”) is protected property of Reisenbach or property that is owned or controlled by a third party and used under license or otherwise, and all rights thereto are specifically reserved. The name Reisenbach Philanthropies, the heart logo, Dear New York, Dear New Yorker, and other Reisenbach- related trademarks, service marks, logos, and other indicia of origin (collectively, the “RP Marks”) used on the Site are owned by Reisenbach and all third party trademarks, service marks, and logos (the “Third Party Marks”) are used under license or otherwise, and no license or right to use any RP Marks or Third Party Mark contained on the Site is granted to you or any third party on your behalf, whether by implication or otherwise. Use of any RP Marks or Third Party Marks contained on the Site is expressly prohibited unless authorized in writing by Reisenbach for the RP Marks or the owner of the applicable Third Party Marks. All rights not explicitly granted herein are reserved.
USE OF SITE CONTENT.
Except as expressly permitted in these Terms of Use, Content on the Site may not be used, copied, or imitated without our prior written consent in each instance. You may temporarily download one copy of articles or other content from the Site for non-commercial transitory viewing only. This is a grant of a non-exclusive license only, not a transfer of title and is a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license to download (for temporary storage only), stream, display and view the Content (but not any source or object code in raw form or otherwise other than as made available to access and use a standard web browser) on your personal computer, tablet, mobile phone or other wireless device.
If we provide any “share” functionality for Content on the Site (e.g., a “share” button), subject to your strict compliance with these Terms of Use, we also grant you a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license for you to post such Content on your personal social media pages or feeds and/or to share such Content with third parties solely for their personal non-commercial use, provided that in both cases you comply with subparagraphs (1) through (9) below with respect to such uses.
Under this license you may not:
1. modify, alter, or copy any Content;
2. use any Content for any commercial purpose;
3. publicly display any Content (whether for commercial or non-commercial purposes);
4. remove any copyright notices, trademark notices, information, credits, by-lines, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site;
5. transfer any portion of the Content to another person other than through a Share button embedded in the Site;
6. mirror any portion of the Content;
7. sell or allow any third party to sell advertising in connection with any Content or otherwise monetize or attempt to monetize the Content in any way;
8. use the Content in any manner that suggests an association with Reisenbach or any fundraising, non-profit, business, product, service or endeavor with which it is associated; or
9. insert any code or manipulate the Content in any way that affects any user’s experience of the Site.
This license shall automatically terminate if you violate any of these restrictions (as determined in our sole discretion) and may be terminated by us at any time with or without cause.
If you have any question as to whether we own, control or have a license to use certain Content contained on our Site, do not download, use or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party or that is identified (or is identifiable) as property of a third party (e.g., third party trademarks such as the name of any of our sponsors or grantees, “Facebook,” or “Twitter”) should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in these Terms of Use or under applicable law. If we grant permission for the use of any intellectual property owned or controlled by Reisenbach, you may not change or delete any author attribution, trademark, legend, or copyright notice. Consent for the use of any intellectual property owned or controlled by any of our sponsors, grantees, donors or Site users must be obtained directly from such third party to the extent legally required. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by these Terms of Use, Reisenbach (and all other entities with an interest in the relevant intellectual property) or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content posted on or available through this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve 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.
Reisenbach specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct:
1. the deletion or alteration of any Content posted on our Site;
2. the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure;
3. use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction;
4. using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations;
5. any act that would or might disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and
6. any act that would or might impede or interfere with others’ use of the Site.
COPYRIGHT/INTELLECTUAL PROPERTY.
Reisenbach respects the intellectual property of others and expects its users to do the same. Without limiting anything set out elsewhere in these Terms of Use, we may, in appropriate circumstances and at our discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of Reisenbach and/or others; however, we have no responsibility for content on other websites, applications or social media platforms that you may find or access when using the Site and/or our services. Material available on or through other websites, applications or social media platforms may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use and privacy policies of those websites, applications, or social media platforms, and not these Terms of Use or our Privacy Policy, govern your use of that material.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on 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 to copyright@reisenbachphilanthropies.org requesting that we remove or block access to the infringing material. Your notice to us must include substantially the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work or other intellectual property claimed to have been infringed;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled;
4. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
5. your address, telephone number, and email address;
6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
7. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, you may send us a counter-notice.
Notices and counter-notices must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act; see www.loc.gov/copyright
Notices and counter-notices should be sent to copyright@reisenbachphilanthropies.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.
PERMISSIONS.
If you are seeking permission to use REISENBACH’s name, trademarks, logos, service marks, trade dress, slogans, screen shots, photographs, copyrighted designs, or other REISENBACH-related elements, please contact info@reisenbachphilanthropes.org.
THIRD PARTY SITES.
The Site may contain links to websites and/or embed third party social media applications that are unrelated to us and are owned and operated by third parties (the “third-party sites or apps”). Reisenbach does not make any representations or warranties about any third-party sites and apps you may access through this Site. These links and embedded applications are provided solely as a convenience to you and do not constitute an endorsement by Reisenbach or imply that Reisenbach sponsors, is affiliated or associated with or otherwise recommends, certifies, or endorses the third-party sites or apps. When you click on any link or social media application, you are leaving the Site. We are not responsible for anything relating to such other website or app or your access to or use of such website or app, including the contents of, or any products or services offered on, any third-party sites or apps. You need to make your own independent decisions regarding your accessing or use of, interactions with, or communications with any other website or application.
SECURITY.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms of Use, we may, in our sole discretion, declare you to be in breach of these Terms of Use, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
TERMINATION.
We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
DISCLAIMER.
Your use and browsing of, and linking to third party websites and apps from, and any reliance by you upon, our Site is at your own risk. If you are dissatisfied with the Site or any Content, these Terms of Use, our Privacy Policy, or with any of the terms, conditions, guidelines, rules or codes of conduct applicable to any area of the Site, your sole and exclusive remedy is to discontinue accessing and using the Site. REISENBACH DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OF OTHER VIOLATION OF RIGHTS. FURTHERMORE, REISENBACH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE CONTENT ON REISENBACHPHILANTHROPIES.ORG OR OTHERWISE RELATING TO SUCH CONTENT ON ANY SITES OR APPLICATIONS LINKED TO THIS SITE. REISENBACH DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES REISENBACH WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY PRODUCTS OR SERVICES FURNISHED ON OR THROUGH THE SITE OR ON ANY WEBSITE OR APPLICATION ACCESSED THROUGH THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Reisenbach’s liability is limited to the greatest extent permitted by law.
NEITHER REISENBACH NOR ANY OF ITS, DIRECTORS, OFFICERS, EMPLOYEES, SPONSORS, UNDERWRITERS, DONORS, GRANTEES, CONTRACTORS, REPRESENTATIVES, ATTORNEYS, AGENTS, OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES OR APPLICATIONS, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.
You specifically acknowledge and agree that Reisenbach and its directors, officers, employees, sponsors, underwriters, donors, grantees, contractors, representatives, attorneys and agents are not liable for and shall not be liable for any defamatory, offensive or illegal conduct of any user. In addition, while Reisenbach intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Reisenbach does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, or any website or application accessed through the Site will be free of viruses, robots, spiders, or other destructive materials and Reisenbach shall not be liable for any viruses, robots, spiders, 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, your downloading of any Content from the Site, or your accessing of any other website or application through the Site.
Reisenbach will also not be responsible for delays or failures in performing any obligations under these Terms of Use, whether or not due to any cause beyond our reasonable control.
LIMITATION OF LIABILITY
IN NO EVENT SHALL REISENBACH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SPONSORS, UNDERWRITERS, DONORS, GRANTEES, CONTRACTORS, ATTORNEYS, AGENTS, REPRESENTATIVES, OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) EVEN IF REISENBACH AND/OR SUCH PARTY/PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Reisenbach has not reviewed all of the sites or applications linked to or embedded in reisenbachphilanthropies.org and neither Reisenbach nor any of the parties listed in the preceding paragraph is responsible for the contents of any such linked site or embedded application. The inclusion of a link or the embedding of an application does not imply endorsement by Reisenbach of the site or application. Use of such linked website or embedded application is at your own risk.
YOUR RESPONSIBILITIES.
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, MARKETING, CHAIN LETTERS OR OTHER CONTENT, PROPAGATION OF COMPUTER WORMS, VIRUSES, ROBOTS, OR OTHER HARMFUL CODE OR SO-CALLED “EASTER EGGS” 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, AND 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 UNSOLICITED MATERIALS, USER GENERATED CONTENT AND ANY OTHER MATERIALS BY YOU.
INDEMNITY.
Without limiting any other provision contained in these Terms of Use, you hereby agree, at your own expense, to indemnify, defend and hold harmless Reisenbach and its directors, officers, employees, sponsors, underwriters, donors, grantees, contractors, representatives, attorneys, agents, and related parties, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or relating to (i) any content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site (including linking to any other website or use of any embedded application), (iii) activity that occurs under your account; or (iv) your infringement or violation of any laws, rules, restrictions or regulations applicable to the Site or Reisenbach; and/or (v) any fraud or manipulation, or other breach or alleged breach of the terms of these Terms of Use. Reisenbach reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by Reisenbach in the defense of any claim. In any event, you may not and shall not settle any matter without the written consent of Reisenbach.
Without limiting anything set out above, you hereby release each of the indemnified parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, our Privacy Policy http://www.reisenbachphilanthropies.org/privacy-policy/and/or any use by you of the Site. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
UNSOLICITED MATERIALS.
Reisenbach 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 Reisenbach’s email address, US Postal mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas, comments or media (collectively, the “Unsolicited Materials”) sent to Reisenbach in any manner or media will be deemed non-confidential and non-proprietary, even if marked “confidential” or “propriety” or with any other similar notation. Without limiting the foregoing, Unsolicited Materials includes, but is not limited to, ideas; formats; business plans; proposals; treatments; outlines; text; photographs; designs; artwork; or any materials for books, television, websites, applications, articles, retail, technology or other business or artistic endeavors, products, services, or for any other purpose whatsoever. By submitting or sending any 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. Our receipt of such Unsolicited Material is not an admission by us that it is novel, that you have priority with respect to its originality or that it is protectable by law. In addition, we retain all the rights held by members of the general public with regard to your Unsolicited Materials, including any ideas that are the basis thereof or that are embodied therein.
USER’S GRANT OF LICENSE IN UNSOLICITED MATERIALS.
By communicating with Reisenbach, including submitting or sending Unsolicited Materials or other information or material to the Site or to Reisenbach (or any related person or entity) by email, regular mail or otherwise, you grant Reisenbach the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, edit, dub, 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 or compensation 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 Reisenbach. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the Site or submit to us through email, regular mail or any other manner or media in connection with any and all publicity and advertising for and promotion of the Site and Reisenbach, and in connection with Reisenbach’s exercise of any other rights granted hereunder as Reisenbach determines in its sole discretion. You hereby release Reisenbach from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials or your image, photo, likeness, voice and performance as set forth in this Agreement.
MODIFICATION OF SITE TERMS OF USE AND/OR PRIVACY POLICY
Reisenbach may revise these Terms of Use or the Privacy Policy located at http://www.reisenbachphilanthropies.org/privacy-policy/ at any time without notice by posting such. By using this website, you are agreeing to be bound by the then current terms of these Terms of Use and the Privacy Policy.
COMMUNICATIONS
When you use this Site or send e-mails or messages to us via this Site from your desktop or mobile device you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, notices, and messages on or through this Site, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where and when required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
GOVERNING LAW AND LIMITATION OF ACTIONS.
The terms of these Terms of Use and any additional terms, conditions, guidelines, rules and codes of conduct applicable to any specific area of the Site shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce these Terms of Use or any such additional terms, conditions or guidelines, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of these Terms of Use or any such additional terms, conditions, guidelines, rules and codes of conduct, may be brought by you more than one (1) year after the cause of action has arisen.
MISCELLANEOUS.
These Terms of Use and our Privacy Policy, together with any additional terms, conditions, guidelines, rules and codes of conduct set forth in any specific area of the Site, set forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by us with respect to the subject matter of these Terms of Use, except as referenced herein. These Terms of Use may be only amended as set forth above. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of these Terms of Use. Further, the waiver by Reisenbach of your violation of these Terms of Use shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms of Use. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and/or the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section headings are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
CONTACT US.
For all inquiries, contact: info@reisenbachphilanthropies.org
IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.
Posted July 24, 2023
You, the user of this website, agree that your access to this website (whether accessed directly on reisenbachphilanthropies.org or via redirection from reisenbachfoundation.org, jarnyc.org or any other site, or through linking from any third party site) and use of this website (including browsing) is subject to the terms and conditions set forth in these Terms of and our Privacy Policy (which may be viewed here: www.reisenbachphilanthropies.org/privacy-policy , any additional terms, conditions, guidelines, rules and/or codes of conduct applicable to specific areas of the Site that may be posted in those areas, as well as with all applicable laws. You agree that any such access or use is undertaken at your own risk. The additional terms, conditions, guidelines, rules, and codes of conduct applicable to specific areas of the Site, together with these Terms of Use and our Privacy Policy, govern your use of those areas. If there is a conflict between these Terms of Use or our Privacy Policy and the more specific terms, conditions, guidelines, rules or codes of conduct posted elsewhere on the Site, the more specific terms will control your use of the applicable area of the Site.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE (INCLUDING THIS SITE’S PRIVACY POLICY), OR ANY ADDITIONAL POSTED TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT, DO NOT BROWSE OR OTHERWISE USE THIS SITE.
USE OF THE SITE IS FREE HOWEVER YOU ARE RESPONSIBLE FOR ANY MOBILE NETWORK OR THIRD- PARTY NETWORK PROVIDER’S RATES AND FEES.
NOTHING IN THESE TERMS OF USE, OUR PRIVACY POLICY, OR ANY OTHER TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT POSTED ON THE SITE ARE INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW WHERE YOU RESIDE. IF THERE IS A CONFLICT BETWEEN THOSE LEGAL RIGHTS AND THESE TERMS OF USE OR OUR PRIVACY POLICY, YOUR RIGHTS UNDER APPLICABLE LAW WILL APPLY.
Welcome to http://www.reisenbachphilanthropies.org/(the “Site”), owned, operated and maintained by Reisenbach Philanthropies Inc., (formerly known as the John A. Reisenbach Foundation, Inc. (“Reisenbach,” “we,” “us,” or “our”), for your personal enjoyment and information. The words “you,” “your,” and “user’ as used herein refer to all individuals and/or entities accessing or using the Site. This Site is intended for use in the United States by United States residents. Use of the Site is subject to these Terms of Use (the “Terms of Use”). These Terms of Use are a contract between you and Reisenbach, and your use of the Site constitutes your agreement to its terms and conditions and our Privacy Policy, and your use of any area of the Site for which additional terms, conditions, guidelines, rules or codes or conduct are posted constitutes your agreement to those additional terms, conditions, guidelines, rules and codes of conduct.
We reserve the right, in our discretion, to change or modify these Terms of Use and/or our Privacy Policy from time effective immediately upon posting of the revised Terms of Use or Privacy Policy, and the date of the most recent revisions will appear at the bottom of this page, so check back each time you use the Site. If you do not agree to the revised Terms of Use or Privacy Policy, your sole recourse is to immediately stop all use of the Site and services. Your continued use of the Site and services will constitute your binding acceptance of these Terms of Use and the Privacy Policy, as amended from time to time. The Site is maintained for your convenient access to information about Reisenbach and its programs and grantees, as well as links to other websites or applications we think might be of interest to you. IF AT ANY TIME THESE TERMS OF USE, THE PRIVACY POLICY, OR ANY TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT APPLICABLE TO SPECIFIC AREAS OF THE SITE ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL BROWSING AND OTHER USE OF THE SITE AND SERVICES. THESE TERMS OF USE ALSO INCORPORATE BY REFERENCE OUR PRIVACY POLICY, WHICH CAN BE FOUND AT http://reisenbachphilanthropies.org/privacy-policy/
OWNERSHIP OF SITE CONTENT.
You acknowledge that all content, material and files used on or incorporated into this Site (the “Content”) is protected property of Reisenbach or property that is owned or controlled by a third party and used under license or otherwise, and all rights thereto are specifically reserved. The name Reisenbach Philanthropies, the heart logo, Dear New York, Dear New Yorker, and other Reisenbach- related trademarks, service marks, logos, and other indicia of origin (collectively, the “RP Marks”) used on the Site are owned by Reisenbach and all third party trademarks, service marks, and logos (the “Third Party Marks”) are used under license or otherwise, and no license or right to use any RP Marks or Third Party Mark contained on the Site is granted to you or any third party on your behalf, whether by implication or otherwise. Use of any RP Marks or Third Party Marks contained on the Site is expressly prohibited unless authorized in writing by Reisenbach for the RP Marks or the owner of the applicable Third Party Marks. All rights not explicitly granted herein are reserved.
USE OF SITE CONTENT.
Except as expressly permitted in these Terms of Use, Content on the Site may not be used, copied, or imitated without our prior written consent in each instance. You may temporarily download one copy of articles or other content from the Site for non-commercial transitory viewing only. This is a grant of a non-exclusive license only, not a transfer of title and is a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license to download (for temporary storage only), stream, display and view the Content (but not any source or object code in raw form or otherwise other than as made available to access and use a standard web browser) on your personal computer, tablet, mobile phone or other wireless device.
If we provide any “share” functionality for Content on the Site (e.g., a “share” button), subject to your strict compliance with these Terms of Use, we also grant you a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license for you to post such Content on your personal social media pages or feeds and/or to share such Content with third parties solely for their personal non-commercial use, provided that in both cases you comply with subparagraphs (1) through (9) below with respect to such uses.
Under this license you may not:
1. modify, alter, or copy any Content;
2. use any Content for any commercial purpose;
3. publicly display any Content (whether for commercial or non-commercial purposes);
4. remove any copyright notices, trademark notices, information, credits, by-lines, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site;
5. transfer any portion of the Content to another person other than through a Share button embedded in the Site;
6. mirror any portion of the Content;
7. sell or allow any third party to sell advertising in connection with any Content or otherwise monetize or attempt to monetize the Content in any way;
8. use the Content in any manner that suggests an association with Reisenbach or any fundraising, non-profit, business, product, service or endeavor with which it is associated; or
9. insert any code or manipulate the Content in any way that affects any user’s experience of the Site.
This license shall automatically terminate if you violate any of these restrictions (as determined in our sole discretion) and may be terminated by us at any time with or without cause.
If you have any question as to whether we own, control or have a license to use certain Content contained on our Site, do not download, use or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party or that is identified (or is identifiable) as property of a third party (e.g., third party trademarks such as the name of any of our sponsors or grantees, “Facebook,” or “Twitter”) should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in these Terms of Use or under applicable law. If we grant permission for the use of any intellectual property owned or controlled by Reisenbach, you may not change or delete any author attribution, trademark, legend, or copyright notice. Consent for the use of any intellectual property owned or controlled by any of our sponsors, grantees, donors or Site users must be obtained directly from such third party to the extent legally required. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by these Terms of Use, Reisenbach (and all other entities with an interest in the relevant intellectual property) or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content posted on or available through this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve 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.
Reisenbach specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct:
1. the deletion or alteration of any Content posted on our Site;
2. the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure;
3. use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction;
4. using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations;
5. any act that would or might disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and
6. any act that would or might impede or interfere with others’ use of the Site.
COPYRIGHT/INTELLECTUAL PROPERTY.
Reisenbach respects the intellectual property of others and expects its users to do the same. Without limiting anything set out elsewhere in these Terms of Use, we may, in appropriate circumstances and at our discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of Reisenbach and/or others; however, we have no responsibility for content on other websites, applications or social media platforms that you may find or access when using the Site and/or our services. Material available on or through other websites, applications or social media platforms may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use and privacy policies of those websites, applications, or social media platforms, and not these Terms of Use or our Privacy Policy, govern your use of that material.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on 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 to copyright@reisenbachphilanthropies.org requesting that we remove or block access to the infringing material. Your notice to us must include substantially the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work or other intellectual property claimed to have been infringed;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled;
4. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
5. your address, telephone number, and email address;
6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
7. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, you may send us a counter-notice.
Notices and counter-notices must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act; see www.loc.gov/copyright
Notices and counter-notices should be sent to copyright@reisenbachphilanthropies.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.
PERMISSIONS.
If you are seeking permission to use REISENBACH’s name, trademarks, logos, service marks, trade dress, slogans, screen shots, photographs, copyrighted designs, or other REISENBACH-related elements, please contact info@reisenbachphilanthropes.org.
THIRD PARTY SITES.
The Site may contain links to websites and/or embed third party social media applications that are unrelated to us and are owned and operated by third parties (the “third-party sites or apps”). Reisenbach does not make any representations or warranties about any third-party sites and apps you may access through this Site. These links and embedded applications are provided solely as a convenience to you and do not constitute an endorsement by Reisenbach or imply that Reisenbach sponsors, is affiliated or associated with or otherwise recommends, certifies, or endorses the third-party sites or apps. When you click on any link or social media application, you are leaving the Site. We are not responsible for anything relating to such other website or app or your access to or use of such website or app, including the contents of, or any products or services offered on, any third-party sites or apps. You need to make your own independent decisions regarding your accessing or use of, interactions with, or communications with any other website or application.
SECURITY.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms of Use, we may, in our sole discretion, declare you to be in breach of these Terms of Use, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
TERMINATION.
We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
DISCLAIMER.
Your use and browsing of, and linking to third party websites and apps from, and any reliance by you upon, our Site is at your own risk. If you are dissatisfied with the Site or any Content, these Terms of Use, our Privacy Policy, or with any of the terms, conditions, guidelines, rules or codes of conduct applicable to any area of the Site, your sole and exclusive remedy is to discontinue accessing and using the Site. REISENBACH DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OF OTHER VIOLATION OF RIGHTS. FURTHERMORE, REISENBACH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE CONTENT ON REISENBACHPHILANTHROPIES.ORG OR OTHERWISE RELATING TO SUCH CONTENT ON ANY SITES OR APPLICATIONS LINKED TO THIS SITE. REISENBACH DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES REISENBACH WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY PRODUCTS OR SERVICES FURNISHED ON OR THROUGH THE SITE OR ON ANY WEBSITE OR APPLICATION ACCESSED THROUGH THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Reisenbach’s liability is limited to the greatest extent permitted by law.
NEITHER REISENBACH NOR ANY OF ITS, DIRECTORS, OFFICERS, EMPLOYEES, SPONSORS, UNDERWRITERS, DONORS, GRANTEES, CONTRACTORS, REPRESENTATIVES, ATTORNEYS, AGENTS, OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES OR APPLICATIONS, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.
You specifically acknowledge and agree that Reisenbach and its directors, officers, employees, sponsors, underwriters, donors, grantees, contractors, representatives, attorneys and agents are not liable for and shall not be liable for any defamatory, offensive or illegal conduct of any user. In addition, while Reisenbach intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Reisenbach does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, or any website or application accessed through the Site will be free of viruses, robots, spiders, or other destructive materials and Reisenbach shall not be liable for any viruses, robots, spiders, 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, your downloading of any Content from the Site, or your accessing of any other website or application through the Site.
Reisenbach will also not be responsible for delays or failures in performing any obligations under these Terms of Use, whether or not due to any cause beyond our reasonable control.
LIMITATION OF LIABILITY
IN NO EVENT SHALL REISENBACH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SPONSORS, UNDERWRITERS, DONORS, GRANTEES, CONTRACTORS, ATTORNEYS, AGENTS, REPRESENTATIVES, OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) EVEN IF REISENBACH AND/OR SUCH PARTY/PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Reisenbach has not reviewed all of the sites or applications linked to or embedded in reisenbachphilanthropies.org and neither Reisenbach nor any of the parties listed in the preceding paragraph is responsible for the contents of any such linked site or embedded application. The inclusion of a link or the embedding of an application does not imply endorsement by Reisenbach of the site or application. Use of such linked website or embedded application is at your own risk.
YOUR RESPONSIBILITIES.
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, MARKETING, CHAIN LETTERS OR OTHER CONTENT, PROPAGATION OF COMPUTER WORMS, VIRUSES, ROBOTS, OR OTHER HARMFUL CODE OR SO-CALLED “EASTER EGGS” 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, AND 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 UNSOLICITED MATERIALS, USER GENERATED CONTENT AND ANY OTHER MATERIALS BY YOU.
INDEMNITY.
Without limiting any other provision contained in these Terms of Use, you hereby agree, at your own expense, to indemnify, defend and hold harmless Reisenbach and its directors, officers, employees, sponsors, underwriters, donors, grantees, contractors, representatives, attorneys, agents, and related parties, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or relating to (i) any content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site (including linking to any other website or use of any embedded application), (iii) activity that occurs under your account; or (iv) your infringement or violation of any laws, rules, restrictions or regulations applicable to the Site or Reisenbach; and/or (v) any fraud or manipulation, or other breach or alleged breach of the terms of these Terms of Use. Reisenbach reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by Reisenbach in the defense of any claim. In any event, you may not and shall not settle any matter without the written consent of Reisenbach.
Without limiting anything set out above, you hereby release each of the indemnified parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, our Privacy Policy http://www.reisenbachphilanthropies.org/privacy-policy/and/or any use by you of the Site. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
UNSOLICITED MATERIALS.
Reisenbach 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 Reisenbach’s email address, US Postal mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas, comments or media (collectively, the “Unsolicited Materials”) sent to Reisenbach in any manner or media will be deemed non-confidential and non-proprietary, even if marked “confidential” or “propriety” or with any other similar notation. Without limiting the foregoing, Unsolicited Materials includes, but is not limited to, ideas; formats; business plans; proposals; treatments; outlines; text; photographs; designs; artwork; or any materials for books, television, websites, applications, articles, retail, technology or other business or artistic endeavors, products, services, or for any other purpose whatsoever. By submitting or sending any 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. Our receipt of such Unsolicited Material is not an admission by us that it is novel, that you have priority with respect to its originality or that it is protectable by law. In addition, we retain all the rights held by members of the general public with regard to your Unsolicited Materials, including any ideas that are the basis thereof or that are embodied therein.
USER’S GRANT OF LICENSE IN UNSOLICITED MATERIALS.
By communicating with Reisenbach, including submitting or sending Unsolicited Materials or other information or material to the Site or to Reisenbach (or any related person or entity) by email, regular mail or otherwise, you grant Reisenbach the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, edit, dub, 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 or compensation 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 Reisenbach. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the Site or submit to us through email, regular mail or any other manner or media in connection with any and all publicity and advertising for and promotion of the Site and Reisenbach, and in connection with Reisenbach’s exercise of any other rights granted hereunder as Reisenbach determines in its sole discretion. You hereby release Reisenbach from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials or your image, photo, likeness, voice and performance as set forth in this Agreement.
MODIFICATION OF SITE TERMS OF USE AND/OR PRIVACY POLICY
Reisenbach may revise these Terms of Use or the Privacy Policy located at http://www.reisenbachphilanthropies.org/privacy-policy/ at any time without notice by posting such. By using this website, you are agreeing to be bound by the then current terms of these Terms of Use and the Privacy Policy.
COMMUNICATIONS
When you use this Site or send e-mails or messages to us via this Site from your desktop or mobile device you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, notices, and messages on or through this Site, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where and when required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
GOVERNING LAW AND LIMITATION OF ACTIONS.
The terms of these Terms of Use and any additional terms, conditions, guidelines, rules and codes of conduct applicable to any specific area of the Site shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce these Terms of Use or any such additional terms, conditions or guidelines, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of these Terms of Use or any such additional terms, conditions, guidelines, rules and codes of conduct, may be brought by you more than one (1) year after the cause of action has arisen.
MISCELLANEOUS.
These Terms of Use and our Privacy Policy, together with any additional terms, conditions, guidelines, rules and codes of conduct set forth in any specific area of the Site, set forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by us with respect to the subject matter of these Terms of Use, except as referenced herein. These Terms of Use may be only amended as set forth above. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of these Terms of Use. Further, the waiver by Reisenbach of your violation of these Terms of Use shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms of Use. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and/or the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section headings are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
CONTACT US.
For all inquiries, contact: info@reisenbachphilanthropies.org
IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.
Posted July 24, 2023