Terms of Use                                                                                            

Policy last revised: 5/1/2014

Welcome to the Philamplify.org website (the “Site”). This Site is operated by the National Committee for Responsive Philanthropy (“NCRP”).  By accessing or using this Site, you (the “User”) signify that you have read, understand and agree to be bound by the following Terms of Use (“Terms of Use” or “Agreement”).  NCRP reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate the date these terms were last revised.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THESE TERMS OF USE ARE LEGALLY BINDING TERMS FOR YOUR USE OF SITE.

Questions, suggestions, or alleged violations regarding these Terms of Use should be sent to info @ncrp.org.

ELIGIBILITY

This Site is intended solely for users who are thirteen (13) years of age or older.  Any use of or access to the Site by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

NO LEGAL ADVICE

This Site is designed to provide accurate and authoritative information about the subject matter covered, but this Site and its contents are not distributed with the intent to render legal, accounting, or other professional advice.  The services of a competent professional should be sought if legal advice or other expert assistance is required.

NO ATTORNEY-CLIENT RELATIONSHIP CREATED

The information contained on this Site does not create, and the receipt of it through this Site or by email or otherwise does not create an attorney-client relationship with NCRP or attorneys employed by NCRP in connection with any legal matter.  Communications through this Site or by email or otherwise may not be treated as confidential.

TRADEMARKS AND COPYRIGHT

NCRP, philamplify.wpengine.com, and other names, and the accompanying logos and designs, all product names, and all page headers, custom graphics, and button icons created by or for NCRP and contained on this Site belong to NCRP. These logos and design of the Site are protected by law and may not be copied or imitated or used with any product or service in any manner that is likely to cause confusion. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted by NCRP.

To reproduce, republish, upload, post, transmit, distribute or publicly display material from this Site, you need written permission from NCRP. Users may view and download material from this site only for personal, non-commercial home use. All rights reserved.

USER CONTENT

You are solely responsible for all content (including comments, text, photos, videos, graphics, and other content) that you upload or post on the Site or share with other users (the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. By posting User Content on the Site, you promise that you own any User Content that you post, or that you have obtained the necessary permission for its use. NCRP may, but does not have to, review the Site and may refuse, delete, or remove (without notice) any User Content or other content on the Site in its sole discretion, at any time, with or without prior notice or explanation and without liability, for any reason or no reason.  This includes User Content that in the sole judgment of the NCRP violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

You retain full ownership of all of your User Content. However, when you post User Content to the Site, you are granting to NCRP an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content.  Without limitation, this license you grant to NCRP shall include the right to prepare derivative works of, or incorporate into other works, any User Content you post and to grant and authorize sublicenses of the foregoing.

You agree that NCRP may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NCRP, its users and the public.
You understand that the technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

USER CODE OF CONDUCT

You understand that the Site is available for your personal, non-commercial use only, and you agree not to use any portion of the Site for commercial activities. You agree that you will not attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes a burden or load on our infrastructure. In addition, you agree not to use the Site to:

  • harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Site in any unlawful manner, in a manner inconsistent with applicable laws and regulations of the United States or the country in which you reside, or in any other manner that could damage or impair the Site;
  • use automated scripts to collect information from or interact with the Site;
  • upload or post any content that we deem to be harmful, threatening, unlawful, tortious, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, lewd, excessively violent, sexually explicit, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity or misrepresent yourself or your affiliation with any person or entity;
  • upload, post, transmit or otherwise make available any User Content that you do not have a right to make available (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers or any information that creates a privacy or security risk to any person;
  • collect personal data about other users
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate, harass, or stalk another;
  • harm minors in any way;
  • upload, post, transmit, share, store or otherwise make available content that would constitute or encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of NCRP, is objectionable or which restricts or inhibits any other person from using or enjoying the the Site, or which may expose NCRP or its users to any harm or liability of any type.

THIRD PARTY WEB SITES AND CONTENT

The Site contains links to other Web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, video, information and other content originating from third parties (the “Third Party Content”). NCRP has no control over and is not responsible in any way for any Third Party Sites or any Third Party Content available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Such Third Party Sites are not necessarily investigated, monitored, or checked for accuracy or completeness by NCRP. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or rely on any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

USER DISPUTES

You are solely responsible for your interactions with other users and members of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

PRIVACY

We care about the privacy of our users. Click here to view the Privacy for the Site, which is incorporated by reference and made a part of this Agreement. By using the Site, you are consenting to have your personal data transferred to and processed in the United States as set forth in the Privacy Policy.

DISCLAIMERS REGARDING CONTENT AND USE

NCRP is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. NCRP assumes no obligation to modify or remove any inappropriate User Content or Third Party Content. The NCRP is not responsible for the conduct, whether online or offline, of any user of the Site.

The views and conclusions contained in this Site are those of the authors and should not be interpreted as representing the opinions or policies of NCRP.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent set forth below.  THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING NCRP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.  Written notification must be submitted to the following Designated Agent:

Website Copyright Officer

NCRP

1331 H ST NW, Suite 200, Washington, D.C. 20005

Email: info@ncrp.org

To be effective, the Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined above:

  • NCRP may remove or disable access to the material that is alleged to be infringing;
  • NCRP may forward the written notification to such alleged infringer;
  • NCRP may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter Notification: NCRP is not liable to the alleged infringer for removal or disabling the material. If the alleged infringer believes that the removal or disabling was in error, the alleged infringer must provide NCRP with a counter-notification to have the materials replaced. To be effective, a Counter Notification must be a written communication provided to NCRP’s Designated Agent that includes substantially the following:

  • A physical or electronic signature of the alleged infringer;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any other appropriate judicial district.

Upon receipt of a Counter Notification containing the information as outlined above:

  • NCRP shall promptly provide the Complaining Party with a copy of the Counter Notification;
  • NCRP shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  • NCRP shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided NCRP’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Site.

INTEGRATION, NOTICES, WAIVER, SEVERABILITY

These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and NCRP regarding the use of the Site, superseding any prior agreements between you and NCRP relating to your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

When you visit or use this Site and send e-mails to us through this Site or another provider, you are communicating with us electronically and thus consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or linking to such notices. 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.

The failure of NCRP to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed 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.