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Terms of Use

OVERVIEW

In 2012, 92Y joined with the United Nations Foundation (“UNF”) to create Giving Tuesday™ - an annual global day of giving that helps raise funds and awareness for important causes everywhere. 

TERMS OF USE

www.GivingTuesday.org

Welcome to www.GivingTuesday.org, the #Giving Tuesday™ website (the “Website”).  This website is controlled and operated by 92Y.  If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with 92Y’s Privacy Policy govern 92Y’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.

PRIVACY

Please review 92Y’s Privacy Policy to understand our practices regarding collection and use of information. By continuing to use the Website, you agree to the terms of this policy, which are incorporated by reference.

http://www.92y.org/Privacy-Policy.aspx

USE OF MATERIALS ON THIS SITE; PERMITTED AND PROHIBITED USES

The content of this Website is for your general information and use only; it is subject to change without notice.

Your use of the Website shall be in a non-commercial manner. You will not use the Website for advertising purposes or for any use that is obscene, indecent, or otherwise prohibited by law. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

SHARING OF INFORMATION

Any information provided by you to #Giving Tuesday™ will be accessible to 92Y, UNF and other third parties related to the #Giving Tuesday™ initiative.

INTELLECTUAL PROPERTY

This Website contains material which is owned by or licensed to 92Y in connection with the #GivingTuesday™ campaign. This material includes, but is not limited to, the design, layout, look, appearance and graphics that are protected by copyright, trademark, and other intellectual property laws. 92Y retains all rights, including copyright, in data, image, text and any other information found on the Website that is the property of 92Y.

A #GivingTuesday™ logo is available for download. Your use of the #GivingTuesday™ logo and typeface can only be used for the express purpose of participation in the #GivingTuesday™ campaign and not for any unrelated purpose. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivate works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the logo, the Website or its content.

92Y reserves the right, in its sole discretion, to delete or block any individual or corporation from the Website for any reason or for no reason at all, including, but not limited to, any individual or corporation using the logo in a manner inconsistent with the mission of #GivingTuesday™ (such as any use that spreads hateful messages or speech, or promotes a completely unrelated project).

Any and all postings on the #GivingTuesday™ blog (e.g., text, images, and videos) shall not violate the rights of any third parties.

Claims of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing 92Y’s Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

92Y’s designated Copyright Agent to receive notifications of claimed infringement is:

  1. Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Legal Affairs
  2. Full Address of Designated Agent to Which Notification Should be Sent:
    Director of Legal Affairs
    1395 Lexington Avenue
    New York, NY 10128
  3. Telephone Number of Designated Agent: 212-415-5695
  4. Facsimile Number of Designated Agent: 212-415-5750
  5. E-Mail Address of Designated Agent: directoroflegalaffairs@92Y.org

LINKS TO THIRD PARTY SITES

92Y has not reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or other sites linked to the Website. Your linking to any off-site pages or other sites is at your own risk. 92Y provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by 92Y or the views expressed therein. 92Y has no control over the nature, content and availability of those sites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this Website. Charity Navigator and Guidestar are helpful tool(s) in obtaining useful information about charities.

ACCURACY AND WARRANTY DISCLAIMERS 

92Y MAKES NO REPRESENTATION OF ANY KIND REGARDING THE WEBSITE CONTENT OR ANY PORTION THEREOF. ALL WEBITE CONTENT IS PROVIDED IN “AS IS” CONDITION INFORMATION IS PROVIDED TO WWW.GIVINGTUESDAY.ORG AND WHILE 92Y ENDEAVORS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, 92Y MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Every effort is made to keep the website up and running smoothly. However, www.GivingTuesday.org takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. 

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT WILL 92Y BE LIABLE FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF 92Y HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE 92Y FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEBSITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED.

You agree to defend, indemnify, and hold 92Y and its employees, agents, officers, directors, contractors, suppliers, and other representatives harmless from and against all losses, liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this website.

TAX DEDUCTIBILITY

www.GivingTuesday.org does not collect or distribute money on behalf of individuals, charities or any other organizations, and makes no representation as to the tax deductibility of your donations to other parties.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, excluding its conflicts of law rules.

NOTES: 92Y Privacy Policy, incorporated by reference: http://www.92y.org/Footer/Policies/Privacy-Security-Statement.aspx

Privacy & Security Statement

Information Collected Voluntarily

92nd Street Y does not collect any personal information about individuals—such as names and postal or email addresses—except when such information is knowingly provided to 92nd Street Y. Personal information might be obtained from online transactions such as ticket purchases, event subscriptions, class registrations, memberships and donations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on our site. Any personal identification information retrieved by 92nd Street Y must be voluntarily submitted by the user.

Information Collected Automatically

92nd Street Y’s website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the site, allowing us to provide an optimal shopping experience and better service throughout the site. The information collected automatically by the web server does not, however, contain anything that can identify individuals personally, such as an email address.

Security Statement

92nd Street Y makes every effort to ensure that all of the transactions that occur on its website are secure. All credit card numbers submitted to the site are encrypted using 128-bit Secure Socket Layer (SSL) encryption, which is the industry standard for information security and is used by more than 200,000 websites in over 50 countries.

What is a Secure Connection?

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Internet Explorer, Firefox and Netscape Browser display an image of a locked padlock in their status bar when connected to a secure site. Safari displays an image of a locked padlock in the upper right-hand corner. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// to https://. The “s” stands for “secure.” If you do not see the padlock at the bottom of your browser’s window, if the padlock is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the locked padlock in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

Cookies

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies can’t read data from your hard disk or read cookie files that were created by other sites—the website that creates a cookie is the only one a browser will permit to access it.

Examples of ways in which 92nd Street Y might use cookies would be to control access to certain user features, such as your user password and membership profile, to customize content areas or to analyze site activity and user behavior. 92Y also reserves the right to use cookies in the future in conjunction with new content or extended functionality.

If you are concerned about the use of cookies, you can explore a web browser’s options to notify you whenever a cookie is set, or disallow cookies altogether. Users should be aware, however, that prohibiting the use of cookies will restrict access to certain types of content or features, including the ability to process membership discounts online, to store items in a shopping cart and potentially to execute orders on our website.

How the Information is Used

The following are examples of how 92nd Street Y might use the personal information it collects:

  • If you signed up for a 92nd Street Y class or purchased tickets to any 92nd Street Y events, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
  • If you indicated that you were interested in receiving 92nd Street Y-related news and information, you may receive emails that may be of interest to you.
  • We may combine information you’ve shared with us through your ticketing and donor history at 92nd Street Y, along with publically available information to enhance and personalize our communications with you about events that may be of interest to you, or for other promotional purposes.

For the non-personally identifiable information it collects:

  • Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors and subsequently be used to further optimize the effectiveness of our site.

You can help 92nd Street Y maintain the accuracy of your personal information by updating your profile here. Please let us know when you change your address, phone number, or email address. This information may be used to contact you about classes, programs and events that may be of interest to you.

Occasionally, 92nd Street Y may share the information you provide when you register or purchase an item online with other organizations or companies whose products and services might interest you. 92nd Street Y will not share telephone numbers or e-mail addresses with third parties, although we may give restricted access to such information to companies acting on our behalf. If you would prefer not to have your information shared in this way, send an email message containing your name and postal address to us.

Terms and Conditions of Use

Access to and use of 92nd Street Y website’s text, images and data is subject to the following terms and conditions:

92nd Street Y retains all rights, including copyright, in data, image, text and any other information contained in these files.

The material contained in this website is copyrighted by 92nd Street Y or by third parties from whom we have obtained permission to publish their materials on the website and whose credit line appears in association with their copyrighted information. Any commercial use or publication of any material from 92nd Street Y’s website is strictly prohibited.

92nd Street Y’s image and text files on this website are made available for noncommercial, educational and personal use only. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the materials as they would material from any printed work, and the citations should include the URL: www.92Y.org.

Permissions and Requests for Images

Anyone wishing to use any of these files or images for publication, commercial use or any other purpose must request and receive prior written permission from 92nd Street Y. Permission for such use is granted at the sole discretion of the organization. For information concerning permissions, or to make a request, email.

Linking to Third-Party Sites

92nd Street Y has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or other sites linked to the website. Your linking to any off-site pages or other sites is at your own risk. 92Y provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by 92nd Street Y.

Warranty Disclaimer and Limitation of Liability

92nd Street Y makes no representation of any kind regarding the site content or any portion thereof. All site content is provided in “AS IS” condition. 92Y does not warrant the accuracy of the materials provided herein, either expressly or by implication, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, 92nd Street Y cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Policy Changes

Occasional changes may be made to this document as new services and content are added to our site or to reflect changes in 92nd Street Y’s policies. Visitors to 92nd Street Y’s website are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

By using 92nd Street Y’s website, you signify your acceptance of our Privacy Statement. If you do not agree to this, please do not use our sites. Your continued use of any 92nd Street Y site following the posting of changes to these terms will indicate your acceptance of those changes.

Contact Information

For more information, contact us via email.

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