Carnegie Hero Fund Commission

Terms & Conditions

 

Effective Date:  October 7, 2014

Welcome to http://carnegiehero.org/, the website (“Site”) for the Carnegie Hero Fund Commission (“Fund” “we” “our” “us” or “Fund”) which honors and supports heroes.

Who We Are

Our mailing address is Carnegie Hero Fund Commission, 436 Seventh Avenue, Suite 1101, Pittsburgh, PA  15219-1841, and our telephone number is 412-281-1302 or 800-447-8900 (toll free).  We do not charge you for merely using our Site; if a particular activity carries a charge, it will be disclosed in connection with the activity. 

 

Who You Are and Your Agreement to these Terms & Conditions

By “you,” we mean visitors to our Site and persons who deal with us offline (e.g., by providing information to us on paper nomination forms). Our privacy Notice only applies to individuals, but in the remainder of these Terms & Conditions, “you” includes any entity or its agent.

By using this Site beyond the home page or by submitting personal information to us online or offline, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms“), including the “Carnegie Hero Fund Commission Notice of Privacy & Information Security Practices” referenced below (“Notice“), all in the form provided by us and without change by you. If you do not accept these Terms or the Notice, you are not authorized to use this Site or to submit personal information to us.
The Site

You may use the Site when and as available.  We may supply a variety of Content (as defined below) or allow you to do a variety of things on the Site (“Services”), but we are not undertaking an obligation to supply or allow any particular Service and we will change or eliminate Services from time to time in our sole discretion and without prior notice.  We reserve the right to, temporarily or permanently, restrict or block access to all or any part of the Site or Services for some or all users or jurisdictions from time to time without notice.

Fund Content

We grant you permission to use the Site or other Fund Content that we send you subject to your compliance with the following terms and conditions and you agree to all of them:

  • Fund Content.  This Site and other materials supplied by us (e.g., in an offline newsletter) contain material owned, licensed or otherwise supplied by us, our service providers or others, such as software, text, graphics, images, video, audio, and other material (collectively referred to as the “Fund Content” or “Content”): © Carnegie Hero Fund Commission and/or its suppliers, 2014, U.S.A. All rights reserved.  The Fund Content is protected by copyright under United States, Canadian and foreign laws. You have no rights in or to the Fund Content, and you may not use it except as permitted under these Terms or other instructions provided by us.  No other use is permitted without prior consent in writing from us or another owner of the Fund Content. If you are granted written permission to use Fund Content, you must retain all copyright and other proprietary notices and information contained in the original Fund Content on any permitted copy you obtain of that content. The use or posting of the Fund Content on any other website or in a networked computer environment for any purpose without written permission is expressly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the Fund Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Fund Content in any way for any public or commercial purpose without our written permission.
  • Do No Harm:  You must comply with all applicable laws and regulations while using the Site or otherwise dealing with us and, subject to applicable law, you are prohibited from providing any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise be harmful to us, users or others or their respective property or other rights. Subject to applicable law, we will fully cooperate with any law enforcement authorities or any court order requesting or directing us or a service provider to disclose the identity of anyone posting or transmitting any such information or materials and we reserve the right voluntarily to do so.
  • No Commercial Use.  You are prohibited from using the Site or Fund Content to advertise or perform any commercial or for-profit solicitation, or otherwise exploiting for any commercial or profit-making purpose.
  • No Harmful Code. You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of or data in, any hardware, software, or equipment.
  • No Personal Information. You are prohibited from using the Site or otherwise providing to us something that would violate the legal or privacy rights of others or to harvest or collect without their consent, personal information that is private or protected by data protection laws.
  • No Interference.  You are prohibited from restricting or inhibiting any other person from use of the Site (except for children under 13), and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks.
  • No Reverse Engineering.  You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.

 

User Materials and Site Activities

Your use of the Site and any offline dealings with us (as relevant) are subject to your compliance with these further terms and conditions and you agree to all of them:

  • User Materials.  To the extent the Site or offline dealings (such as completing a nomination form) offer opportunities for you to submit, post or otherwise provide content that you may have or collect, such as a picture of a hero (collectively “User Materials“). Never provide anything that was not exclusively created by you unless you have obtained all legal rights and other permissions to do so, including obtaining permission from friends, family or others that might be included in or have rights in a video or picture. 
  • Licenses From You.  By delivering, submitting, transmitting, posting, uploading, modifying or otherwise providing, online or offline, any User Materials to us, whether solicited or unsolicited, you grant us a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to:
    • use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all User Material for any lawful purpose, including, without limitation, for research, interviews, stories or other materials or activities relating to a rescue, nominee, hero or you or your involvement, and for  advertising and promotional purposes, all in all possible media, now or hereafter known (collectively, “Uses”);
    • to use at our option your name, image, likeness or other identifying information, if provided in connection with User Materials, in connection with all uses, including but not limited to use in broadcast, print, online, offline, wireless or other use or publication of your User Materials, and you waive any right of publicity that you may have regarding such uses or any others permitted by these Terms; and
    • to access your User Materials in any location and make any of the above uses .

You agree that we may use all User Materials without obtaining any further approval and without providing to you or anyone else, any credit or compensation.

  • Ideas.  You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials in or relating to User Materials may be used by us anywhere, anytime, and for any reason whatsoever without compensation to or restriction by you. You understand and agree that no confidential or fiduciary relationship is established between you and us.
  • Your WarrantyYou represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by us or our service providers will not infringe or violate the rights of any third party in any manner.
  • Removal Etc. In addition to our legal rights, we may, in our discretion (and without undertaking any duty), monitor, filter, prescreen, refuse, move, edit, alter, add material to, delete or do anything else to User Materials without prior notice, in whole or in part.  You agree to evaluate, and bear all risks associated with User Materials, including without limitation their use and any reliance on the accuracy (or inaccuracy), completeness or usefulness of them.
  • User Material Particular Requirements.  You agree that all User Materials must comply with all applicable laws and the following:
    • The User Materials may not contain any trademarks, trade dress or copyrights owned by others unless you have written permission from the owner and all others with rights in that material (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
    • If any User Materials contain or embody the name, likeness, voice, image or other indicia showing or identifying any person other than yourself, you must obtain express written consent to submit the User Material and allow it to be used in the manner contemplated by these Terms from each and every person (including family and friends) depicted in those User Materials (and, if requested to do so, can produce such written consent in a form and manner acceptable to us);
    • You must be, and you represent and warrant for all your User Material that you are the sole and exclusive rights owner of your User Material and you have the full and exclusive right, power, and authority to submit the User Material. If you do not own all of the intellectual property in your User Material (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have obtained all legal rights and permissions from the owners to use and submit the intellectual property in your User Material under the terms and conditions of these Terms and that you have also obtained permission from all persons who may have privacy or other rights in the User Material  (and, if requested to do so, can produce such written consent in a form and manner acceptable to us;
    • You represent and warrant that to the best of your knowledge the information you provide in connection with User Materials is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly;

You are responsible for the User Materials you provide, including compliance with these Terms.  We do not undertake any duty to control User Materials and we expressly disclaim for ourselves and our service providers, any and all responsibility for any User Material.

Privacy Notice

The Carnegie Hero Fund Commission Notice of Privacy & Information Security Practices (“Notice”) is part of and incorporated into these Terms. The Notice will survive termination or cancellation of the Terms and will last until we eliminate from our databases information about you that is subject to the Notice.  Provisions of these Terms that we deem relevant to the Notice will also survive.  We reserve the right to communicate with you in connection with our or your performance of our obligations to you or yours to us.

 

Trademarks

You agree that any name, logo, trademark, brand, or service mark (“Trademarks”) contained on the Site or in other Fund Content is owned or licensed by us and may not be used by you without our prior written approval. We will aggressively enforce intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either our property or are used with permission from its owner. Nothing may be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written content and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of Site or of Fund Content may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

 

No Warranties

THE SITE AND ALL SERVICES, ALL FUND CONTENT, ALL USER MATERIALS AND EVERY OTHER ASPECT OF THE SITE AND ANY OTHER DEALINGS (ONLINE OR OFFLINE) WE MAY HAVE WITH YOU (COLLECTIVELY, “COMPLETE RELATIONSHIP”) IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS ISAND “AS AVAILABLE” WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU.

 

NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, AFFILIATES, AGENTS OR EMPLOYEES (COLLECTIVELY, “HELPERS”) MAKES ANY REPRESENTATIONS, COMMITMENT OR WARRANTY AND EACH DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, CONDITIONS OR DUTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:  (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, COMPLETENESS OF INFORMATION, FUNCTIONALITY OR AVAILABILITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY OR ANY LACK THEREOF; (G) OF INDEMNITY; (H) OF LACK OF MISREPRESENTATION, defamation, PORNOGRAPHY, OBSCENITY OR THE LIKE; AND (I) OF ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY WILLFUL MISCONDUCT.  ALSO, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF TITLE, QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT.

 

NO INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES.    TO THE FULL EXTENT ALLOWED BY LAW and except for damages for infringement OF Fund Content, YOU AGREE THAT NEITHER WE NOR ANY OF OUR HELPERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR (WITHOUT LIMITATION):   LOST PROFITS OR OPPORTUNITY, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER INDIRECT OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE RELATIONSHIP OR TO ANY BREACH OF THIS TERMS (INCLUDING THE PRIVACY NOTICE) BY US OR OUR HELPERS, EVEN IF WE (OR A HELPER) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

 

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

You agree that your sole remedy for any breach of THESE Terms (INCLUDING THE pRIVACY NOTICE) or any cause of action of any nature (including tort) relating to THEM OR the COMPLETE Site OR ANY HELPER shall be, at our option, (1) substitution, removal, replacement or cessation of Disclosure, all or part of the COMPLETE RELATIONSHIP (including but not limited to personal information covered by our privacy Notice) that gives rise to damages incurred by you in reasonable reliance on us; or (2) the amount of direct damages actually incurred by you in reasonable reliance which amount shall not exceed the amount actually paid by you to US FOR THE ITEM GIVING RISE TO YOUR DAMAGES. You agree that the damage exclusions in theSE Terms and this limitation of liability shall apply even if any remedy fails of its essential purpose.

 

Release of Liability

You agree to release, discharge, indemnify, and hold harmless us and our Helpers from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages or losses to any person from your participation in any of the activities with us or otherwise relating to all or part of the Complete Relationship, including without limitation, your User Materials and breach of these Terms or the use by us or our designees of any rights granted by you.

 

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY (AND OF OUR SERVICE PROVIDERS, AGENTS, EMPLOYEES AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Filtering

We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by us as a provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.  A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies

 

Links to Third Party Sites

This Site may be linked to other sites either by us or by users.  No link implies that, directly or indirectly, we have provided any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein by us (but not by users). You agree and understand that we have not reviewed all the sites linked to this Site and take no responsibility for the content of any off-site pages or any other site linked to this Site. Any linking by you to any other off-site pages or other sites is also at your own risk and must be lawful.

 

Revision of Terms

You agree that we may change these Terms, including our Privacy Notice, in our good faith discretion from time to time by posting the substitute version and changing the effective date on our Site.  You agree to check that date from time to time to ensure that you are aware of any updates or changes in this Notice.  After the new effective date, your use of the Site, provision to us of Personal Information (as defined in the Notice), or your failure to terminate any account or other relationship you might have with us, shall constitute your agreement to the then posted version of the Terms (including the Notice).  Subject to applicable law, amendments will apply to Personal Information that we already have and Personal Information obtained after amendment.

 

Termination/Cancellation

Either party may terminate or cancel use of the Site, without notice at any time and for any or no reason, including without limitation with respect to cancellation by us, if we believe in our sole discretion that you have violated or acted inconsistently with these Terms.

 

Copyright Infringement and Copyright Agent

We respect the intellectual property of others, and we ask our visitors to do the same. It is our policy to terminate in appropriate circumstances any (if any) Site account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on the Site;
(D) your address, telephone number, and email address;
(E) 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
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached by contacting Walter F. Rutkowski Commission President, as follows:  walter@carnegiehero.org.

Disputes and Governing Law

The Terms (including the privacy Notice) and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of or activity relating to the Site, Fund Content, User Materials or anything else, shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without resort to its conflict of law provisions. In the event of a dispute, you consent to the jurisdiction of and venue in the state or federal courts in Allegheny County, Pennsylvania.

 

Indemnity

You agree to defend, indemnify and hold harmless us, our service providers and agents from and against all third party claims, losses, costs and expenses (including without limitation legal fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms by you; (c) any allegation that any User Material or posting that you make available or create through the Site infringes or otherwise violates a copyright, trademark, trade secret, publicity, or other intellectual property or other rights of any third party, including but not limited to privacy and data protection rights; or (d) any claim that your User Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

 

International Users; Void Where Prohibited

The Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Site is appropriate or available for use anywhere, including (without limitation) at locations outside of the United States. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Moreover, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any Service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

 

No Harvesting or Dictionary Attacks

We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, emails except as authorized by appropriate personnel or policies.  Except for parties authorized to have those addresses, persons may violate federal law if they:  (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.

 

General

Waiver. Any failure by us to enforce any of its rights under these Terms or applicable laws shall not constitute a waiver of our rights.  There are no third party beneficiaries of the Terms.  Except for the Terms (including the privacy Notice) no alleged agreements shall be binding on us unless the agreement is in a non-electronic record and signed by an authorized officer of the Fund.

Severability. If any provision of these Terms is found to be invalid, you and we will endeavor to give effect to the intent reflected in that provision while also honoring the allocation of risks hereunder, and the remaining Terms shall retain their full force and effect.

Headings. The headings titles in Terms do not supplant or alter and text of Terms.

Assignment.  You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Force Majeure. Neither we nor our service providers or agents will be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond our or their reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war, hackers or crimes.

 

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