TERMS and CONDITIONS OF INTERNET SERVICE

 

THESE TERMS AND CONDITIONS OF INTERNET SERVICE (“Terms”) are a LEGAL and BINDING AGREEMENT between YOU and United Community Services of Greater New York, Inc. (“Company”) governing your use of this website, http://www.ucstrustservices.org (“Site”).  Please review these Terms fully before you continue to use or access the Site.  By using the Site, you agree to be bound by these Terms.  You will also be subject to any additional terms posted with respect to individual sections of the Site, which also govern your use of, and access to, the Site.  The additional terms include (without limitation) the Privacy Policy.

 

If you do not agree to these Terms, you are directed to discontinue using and accessing the Site.  The Company reserves the right to change or supplement these Terms, the Privacy Policy, and any other terms and provisions at any time and without prior notice.  Your continued access to, or use of, the Site after such changes indicates your acceptance of the Terms as changed or supplemented.  It is your responsibility to review these Terms regularly.  These Terms were last updated on July __, 2014.

 

Site Content

 

The Site (including its operating source code and object code) is owned by the Company.  All of the content and information (collectively, the “Content”) featured or displayed on the Site, including (without limitation) (1) still images, graphical, textual, video, visual, animation, aural, and in any other formats, and (2) metadata, embedded data, and information collected and/or retained by the Company in accordance with the Privacy Policy is owned or licensed by the Company.

 

Your access to, and use of, the Site, all Content, and all services of the Company (regardless of form or medium) is subject to the terms, conditions, and disclaimers set forth in these Terms, and to all applicable laws, rules, and regulations.

 

If you are dissatisfied with any of the Content contained in the Site, with the quality of the services offered by the Company, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

 

Copyright Ownership

 

The Site, its source code and operating code, and all Content contained on the Site, are protected by United States trademark and copyright law and other applicable laws.  All copyrights and trademarks which are not the property of the Company that are used (or referred to) in the Site are the property of their respective owners. Nothing contained in the Site will be construed as granting any license or other rights to any copyright, trademark, patent, trade dress, or other property or other right of the Company or any third party, whether by implication, laches, estoppel, explicit grant, or otherwise.  The Content is proprietary.  Any unauthorized use of any of the Content or any other materials on the Site may violate the law, and will be a violation of these Terms.

 

Conditions of Use and Access to the Site

 

You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of, and access to the Site.  You agree not to engage in, use, or access the Site in any manner that is unacceptable or illegal (as determined by the Company in its sole and absolute discretion).  Specifically (and without limitation), you expressly agree not to do any of the following things:

 

1. Post or transmit material on or via the Site that: (a) may be abusive, obscene, defamatory, harassing, offensive, vulgar, threatening, malicious, or unlawful; (b) is intended to be used for any unlawful purpose; (c) is false or misleading; or (d) actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including the Company.
2. Collect or use any information about other users of the Site.
3. Engage in data extraction or data-mining.
4. Create a derivative work of the Site (including its operating source code or object code) or the Content, or any part thereof, or attempt to do so.
5. Use the Site for unlawful purposes.
6. Invade, breach, or affect the privacy or publicity rights of any person.
7. Encourage, facilitate, aid, or abet criminal conduct.
8. Take (or attempt to take) any action that may give rise to civil or criminal liability.
9. Directly or indirectly modify, adapt, sub-license, translate, create, reverse engineer, decompile, or disassemble any portion of the Site (or its source code or operating code, or any of the ideas or know-how that are embodied therein), or attempt to do any of the foregoing.
10. Delete or change (or permit to be deleted or changed) any identifying marks, copyright, trademark, or other proprietary rights notices contained in the Site (or its source code or operating code), or embedded in (or attached to) any Content, or attempt to do any of the foregoing.
11. Create a false identity or otherwise mislead the Company or any other person as to the identity or origin of any communication (or attempt to do any of the foregoing).
12. Express or imply that any statements you make are endorsed by the Company.
13. “Hack” or deface any portion of the Site.
14. Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on the Site or any other computer network.
15. Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious code, program, application, or script.
16. Restrict or inhibit any other user from using or accessing the Site.
17. Reproduce, distribute, modify, re-post on other websites or computer networks, or sell or license any Content.
18. Frame or mirror any portion of the Site on any other website or computer network.
19. Collect or use any information about other users of the Site (whether the information is personally identifiable or aggregated).
    By using and accessing the Site, you agree to comply with the following provisions:
    a. To maintain any and all copyright or other proprietary notices embedded in (or attached to) any Content; and
    b. To assume full and sole responsibility for any postings or communications you make to the Site.
20. Engage in any other activity deemed by the Company (in its sole discretion) to be in conflict with the spirit or intent of these Terms.

 

Copyrights and Copyright Agent

 

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to the Company’s designated agent.  If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to the Company’s designated agent:

 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

The designated agent of the Company for notice of claims of copyright infringement on the Site is its copyright agent, who may be reached as follows:

 

By Mail:

United Community Services of Greater New York, Inc.

P.O. Box 190391

Brooklyn, NY 11219-0391

Attn:  Copyright Agent

 

By Email:

info@ucstrustservices.org

 

Disclaimer of Warranty; Limitation of Liability

 

The Site (and all Content posted on the Site, or delivered to you from, through, or via the Site) is provided to you “as is” and without any warranties.  You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

 

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  You agree that the Company’s maximum liability arising from any use of the Site under any circumstances will be limited to U.S. $100.00.  (Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)

 

IN NO EVENT WILL THE COMPANY OR ITS PRINCIPALS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS RELATED TO ANY CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM THIS SITE; OR FOR ANY PRODUCT OR SERVICE OFFERED OR SOLD ON OR THROUGH THIS SITE; OR FOR YOUR RELIANCE ON ANY INFORMATION OR CONTENT THAT IS TRANSMITTED TO, FROM, OR THROUGH THE SITE.

 

The Company expressly disclaims any responsibility or liability for a user’s violation of these Terms.

 

The Company is not responsible for any errors or omissions in postings on, or submissions to, the Site, or for any results obtained from the use of such information. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained from or through the Site.

 

The Company is not responsible for any injury, damages or other consequences arising out of the use or misuse of the Content.

 

Third Party Content

 

The Site may provide links to other web pages, websites, and various resources or locations on the Internet. The Company has no control over the information you may access via such links, does not endorse that information, and is not responsible for it or for the consequences of your use of that information, or for any content, advertising, products, or other materials on or available from such websites and resources.  You acknowledge and agree that the Company will not be responsible or liable for any damage or loss caused (or alleged to have been caused) in connection with your use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.

 

You are forbidden from scraping data, extracting information, or otherwise obtaining information that is available on the Site for any purposes other than as expressly permitted by these Terms.  The Company is not and cannot be responsible for the improper or unauthorized use by other parties of content or information that you provide to us.  The Company does not routinely monitor the content or information that users post on the Site and is not responsible for and expressly disclaims liability for such content or information. The Company reserves the right to edit, monitor, redact, and/or remove any such content or information in its sole and absolute discretion.

 

Conduct by Users

 

Conduct by any user that (in the sole judgment of the Company) restricts or inhibits any other user from using or enjoying the Site will not be permitted.  The Company reserves the right (in its sole discretion) to refuse access to the Site to any user for any reason (including, without limitation, a belief that the user has violated these Terms or any of the copyright or trademark laws of the United States).

 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless the Company and its principals, shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys’ fees) resulting from (1) your violation of these Terms or (2) compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you.  In such event, you will fully cooperate with the Company in asserting any available defenses.

 

Termination

 

Your access to the Site is licensed to you, not sold.  This license immediately terminates upon your breach of these Terms.  In addition, the Company may terminate this license immediately at any time, at will and for the convenience of Company.  If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Site.

 

Disputes

 

Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the federal or state courts located in New York County, New York.  Copyright claims will be adjudicated exclusively in a federal court located in (or having jurisdiction over) New York County, New York.  You knowingly, voluntarily, and expressly consent to the jurisdiction of such courts over you.  You knowingly, voluntarily, and expressly waive any claim of forum non conveniens.  You knowingly, voluntarily, and agree to reimburse Company for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you.  These Terms, and their validity and effect, will be interpreted under and governed by the procedural and substantive laws of New York, without regard to its conflict of laws provisions.  These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

General Terms

 

By your acceptance of these Terms and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen (18) and that you have provided accurate and complete information in all of your communications with the Company (including your username, password and user profile).

 

These Terms (and any other operating rules or terms posted on the Site) constitute the entire agreement between you and the Company, and supersede all previous written or oral agreements between us. No action (or inaction) by the Company may be construed as a waiver of these Terms (or any part).  If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.

 

You and the Company have agreed to these Terms within the State of New York, for all purposes.  All services that are furnished to you on, to, from, or through the Site are deemed to be furnished within the State of New York.  All such services are being furnished by the Company through its personnel and computer equipment located within the State of New York.

 

The Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities.  The Company reserves the right to release information to law enforcement agencies about a user in the following instances: (1) the Company believes such users are in violation of this Policy, (2) as required by law, (3) when the user is engaging in any activities that the Company in its sole discretion believes to be unlawful and the identity of those who may be responsible, (4) when we believe disclosure is necessary to prevent physical harm or financial loss, or (4) in connection with an investigation of suspected or actual illegal activity.

 

Copyright © 2014 by United Community Services of Greater New York, Inc.  The Site, its source code and operating code, and all Content contained in (and on) the Site are intellectual property and copyrighted materials that are protected by federal copyright trademark, patent, trade dress, and other applicable laws and by international treaties.  Any copying, republication, redistribution modification, performance, or creation of derivative works relating to the Content is expressly prohibited. The Company enforces its copyright interests to the fullest extent permitted under the law. All rights of the Company are expressly reserved and preserved.