LEGAL INFORMATION

TERMS OF USE

Effective Date: July 27, 2015

The Terms of Use below (“Terms of Use”) are applicable to the website located at www.carnegie.org (together with all microsites or subdomains hosted thereunder, and any other website that links to these Terms of Use, collectively, the “Site”), which is administered by Carnegie Corporation of New York (the “Corporation”). These Terms of Use are an agreement between the Corporation and you and govern your use of the Site; by accessing the Site you acknowledge and agree to accept the Terms of Use. We may amend these Terms of Use at any time. Each time you return to the Site, you are bound by the then-current version of these Terms of Use, and your continued use of the Site after any such amendment shall constitute your acceptance of these Terms of Use as amended.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

If you have any questions or issues with respect to these Terms of Use (other than complaints of copyright infringement), please contact us at: Carnegie Corporation of New York, 437 Madison Avenue, New York, NY 10022, Attn: CAO; (212) 207-6342 (fax), eb@carnegie.org. For complaints of copyright infringement occurring on this Site, please see our “Copyright” section below.

1. OUR CONTENT AND TRADEMARKS

The Site contains a variety of information, including grant applications, grant publications, text, photos, images and other content (collectively, “Content”) and all trademarks, logos, copyrights and other intellectual property, which are owned by the Corporation or its respective owner. The Corporation grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark, download and make limited copies of relevant Content, solely for your internal, non-commercial use. You may not use any trademark, service mark or logo of the Corporation or any third party that appears on the Site without prior written consent.

2. REGISTRATION AND PASSWORDS

You may be required to create a user name or password or create a profile to access certain features of the Site (including grant applications). You may not attempt to access any password-protected areas of the Site without authorization. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names and/or security questions and answers for the Site, and may not share them with others or allow others to use them. If you share any such information with a third party, you assume all responsibility for such party’s activity related to the Site, and you must notify the Corporation immediately if you become aware of any unauthorized use. You must provide complete and accurate information to us at all times in the registration process. If you violate the foregoing provision, we have the right to suspend or terminate your access to the Site and/or your participation in our grant-making process. All information the Corporation provides to Site users supplying a password is confidential and intended solely for its intended recipient.

3. USE OF THE SITE

You agree to the following with respect to your use of the Site:

• You represent and warrant that all communication or content submitted or uploaded by you: (i) is accurate and does not violate or infringe the intellectual property or privacy rights, or any other laws or contractual or legal rights of any other person; (ii) is owned by you or obtained with all necessary consents, clearances, licenses and permission for use on the Site; (iii) does not contain any virus, malicious computer code or similar item; and (iv) is not defamatory, obscene, threatening, hateful, pornographic, violent, or otherwise objectionable.
• Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and you grant the Corporation and our affiliates, collaborators, and partner organizations a non-exclusive, paid-up, perpetual, irrevocable, worldwide, sublicensable, transferable license to use, make derivative works of, copy, distribute, publish and publicly display such communication and content for any purpose.

You will not:
• Do anything to disable or overburden Site or impair its function, transmit any virus, worm, time bomb or similar system interference or corruptant through this Site, or restrict or inhibit others from using the Site;
• Use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site;
• Alter or modify the Content;
• Forward the Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site;
• Post the Content on another website (including social media sites), or otherwise copy (except as permitted in Section 1), distribute or modify any portion of the Site;
• Remove or obscure any copyright notice or other notices or legends featured on the Content;
• Solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site;
• Use this Site in violation of any law, regulation, rule or the intellectual property or contractual rights of others, or in any manner that could expose the Corporation or users of the Site to harm or liability;
• Harvest, scrape, collect, download or print large portions of Content from the Site
frame this Site within your own, except where explicitly invited to do so (for example, via the presence of a button labeled “Embed on Your Site”), or “deep link” to any pages of the Site so as to create the impression that the Content on such pages is your own;
• Imply or suggest that the Corporation has endorsed or is affiliated with you or any other party or website (including social media sites);
• Engage in harassment, bullying, threats, stalking, or hate speech;
• Intentionally or knowingly post content that constitutes libel or defamation, or is false or inaccurate;
• Attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, use the username of another user with the intent to deceive or otherwise engage in fraud;
• Post or traffic in obscene or pornographic material or any other content that violates applicable law; or
• Attempt or assist anyone else to do any of the foregoing.

The Corporation has the right (but not the obligation) to monitor the Site for your compliance with the foregoing and suspend or terminate your access to and use of the Site for any non-compliance with the above or for any other reason, and we may at any time revoke your right to use all or any portion of the Site. The Corporation may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Site to law enforcement officials or other persons or entities it deems appropriate.

4. NO COMMISSIONS

We do not pay commissions or other monies to anyone who participates in any way in the grant distribution process on this Site, unless we have a separate written contract to do so.

5. PRIVACY POLICY

Our Privacy Policy is part of these Terms of Use and is incorporated herein.

6. LINKED SITES

The Corporation does not review, monitor endorse or control the content on any websites (including social media sites) linked to or from the Site. You visit any website linked to or from this Site at your own risk, and are subject to the privacy policies and terms of use of any such sites. The Corporation disclaims responsibility for the privacy policies and customer information practices of third-party websites linked to or from the Site.

7. INTERNATIONAL USE

The Site is operated and controlled by the Corporation in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the internet, the Corporation makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

8. NO WARRANTIES/DISCLAIMER

The site and the content are provided to you on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, and the corporation, its affiliates and their respective officers, directors, employees, donors, agents and representatives expressly disclaim same, including any implied warranties of title, non-infringement, security, availability, accuracy, fitness for a particular purpose, absence of viruses or other harmful code. The corporation does not represent or warrant that you will be able to obtain a grant or any other benefit through your use of this site, and you submit content to this site solely at your own risk.

9. DAMAGE LIMITATION

To the fullest extent allowed by law, in no event shall the corporation, its affiliates and their respective officers, directors, employees, donors, agents and representatives be liable to any party for any direct, indirect, special, consequential, incidental or punitive damages, including damages for lost profits or business interruption, relating to your access to, use of (or inability to use) or distribution of the site or any content therein. This is true even if the corporation has been advised of the possibility of such damages or losses.

10. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

The Corporation respects the intellectual property rights of others. If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent by sending a notice containing the following information:

• An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
• Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work;
Identification and description of the material you believe to be infringing such copyrighted work and its location;
• The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted;
• 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;
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent is:

Ellen Bloom, Corporate Secretary
Carnegie Corporation of New York
437 Madison Avenue
New York, NY 10022
Fax: (212) 207-6342
Email: eb@carnegie.org

11. TAXES

Distributing and accepting grant funds may have tax consequences at the federal, state, and local levels. We urge you to consult with your tax advisor before participating in grant-making activities or receiving funds. It is your responsibility to determine the tax consequences of actions you take and to comply with governing laws.

12. BENEFICIARIES/AMENDMENTS

There are no third party beneficiaries of this Terms of Use.

13. GOVERNING LAW/VENUE

These Terms of Use and your use of the Site and Content are governed by New York law. Any dispute relating to these Terms of Use or your use of this Site or Content shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City. You agree to waive trial by jury in any such action.

PRIVACY POLICY

Effective Date: July 27, 2015

This Privacy Policy (the “Policy”) is applicable to the website located at www.carnegie.org (together with all microsites or subdomains hosted thereunder, and any other website that links to these Terms of Use, collectively, the “Site”), which is administered by Carnegie Corporation of New York (the “Corporation”). The Policy is designed to help you understand generally how this Site collects, uses or discloses personally identifiable information (“PII”) about you. Your visit to the Site is subject to this Policy and our Terms of Use; by accessing the Site you acknowledge and agree to accept the Policy and Terms of Use, which we may amend at any time. Each time you return to the Site, you are bound by the then-current version of this Policy. You are advised to consult the “Privacy Policy” bar on this Site each time you visit the Site.

THE TERMS OF USE FOR THIS SITE INCORPORATE THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY OR THE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

If you have any questions or issues with respect to the Policy, please contact us as at: Carnegie Corporation of New York, 437 Madison Avenue, New York, NY 10022, Attn: CAO; (212) 207-6342 (fax); eb@carnegie.org. To the fullest extent permitted by law, you agree to receive all legally required notices regarding this Policy or any privacy or security breaches relating to the Site by email at the address you use to contact the Site.

1. INFORMATION YOU PROVIDE

Grants:

If you apply for a grant on the Site, you will be asked to submit information about your organization, including the PII of your organization’s authorized representative.

Employment:

If you seek employment with the Corporation, you may elect to submit PII through the Site (such as your name, address, telephone number, email address, and resume).

Other:

In order to subscribe to the Corporation’s newsletter or the Carnegie Reporter, or to receive further information as to a particular topic through our Contact Us page, you may have to provide PII.

Additionally, if you are accessing parts of the Site that are password-protected, such as a grant application (subject to and as further explained in Section 4 of this Policy), then (i) once you submit your password, the Site will recognize who you are and collect all information that you submit, including all electronic information, and (ii) any information collected about you from the Site may be associated with other identifying information we have about you.

It is always your choice whether to provide PII about yourself, and if you submit PII about any other person, you need his or her prior written consent. DO NOT SUPPLY PII ABOUT OTHERS UNLESS YOU HAVE THEIR CONSENT. BY SUBMITTING PII ABOUT OTHERS, YOU HEREBY REPRESENT AND WARRANT TO THE CORPORATION THAT YOU HAVE FULL AUTHORITY TO DO SO.

2. OTHER INFORMATION WE COLLECT; COOKIES

Sometimes we collect information about you without your submitting it, to improve the quality of the Site and maintain the Site’s proper operation. For example, we may collect your IP address each time you request a page during a visit to the Site. If we use such data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify you personally.

We collect some information automatically from visitors to the Site, such as by the use of “cookies,” “web beacons” and other tracking mechanisms. Cookies are small text files that may be placed on your browser when you visit the Site, and are used primarily for administrative purposes, to improve your experience with the Site. For instance, when you return to the Site after logging in, cookies provide information to the Site so that it will remember who you are. The Corporation uses cookies primarily as described above, and the Site also may make use of third party services (such as Google Analytics), plug-ins, embeds and similar tools that may utilize cookies in the process of providing services to the Corporation. The Corporation does not allow such third party service providers to use or share PII collected via the Site except as noted in this Policy.

Using the settings of your Internet browser, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Consult your browser Help menu to learn the correct way to modify your cookies. If you choose to turn off cookies, you may not have access to many features make your browsing of our Site smoother, and some of our services may not function properly. You may at any time delete any cookies set by using the relevant option of your Internet browser or by deleting the cookies on your hard drive. The site www.allaboutcookies.org includes instructions for managing cookies on many commonly used Internet browsers, or you may consult the vendor documentation for your specific software. If you continue without changing your settings, you consent to our use of cookies and other tools on the Site.

If you do not want us to collect information about your geographic location, you must disable the technology that transmits this information.

“Web beacons” are communications with a server performed when retrieving the content of a webpage, and enable us to track the number and timing of visitors to certain sections of the Site. We may employ web beacons to help us compile aggregated statistics regarding the operations of the Site. We prohibit web beacons on our Site from being used by third parties to collect or access your PII.

3. USE/SHARING OF YOUR INFORMATION

Except for PII submitted in connection with seeking employment or as otherwise noted in this Policy, we may use PII we collect about you for any authorized purpose relating to the mission of the Corporation and if applicable, the grantseeking program offered on the Site, including evaluating grant applications, providing information to our current and potential partners and donors, and contacting you. We may also disclose and provide such PII to other parties (including persons located outside the United States) who participate in our programs.

We may use or disclose certain PII we collect about you when you visit and browse the Site as part of our normal business operations, or to send you administrative communications either about your interactions with us or about features of the Site, including your grant application or any future changes to this Policy.

In order to provide efficient and reliable services and to improve the Site, we may use or disclose your PII for marketing, research and other business purposes, and we may associate your PII with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information or disclose it to third parties.

We may also use service providers to facilitate our services or platform functions on our behalf. Non-affiliated companies and individuals that assist the Corporation in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your PII only in the course of providing such services and only for the purposes that we dictate.

We will not otherwise share your PII, except as required by law, requested by governmental entity or law enforcement authority, subpoena, court order or discovery request, or when we otherwise believe in good faith that such disclosure is necessary or appropriate to enforce our Terms of Use or in connection with any activity that violates the law, threatens the safety or security of you, your property, the Site or the tangible or intangible property that belongs to us or third parties, or that may expose us to liability.

All PII you provide related to your potential employment will be used by the Corporation strictly for the purpose of evaluating your application and will not be shared by the Corporation with any third parties.

4. MAINTAINING YOUR INFORMATION

The Site allows you to update any PII you submit to us. If you have created an account with us (such as for grant applications), you may access and update your information at https://www.grantrequest.com/SID_904/?SA=AM. We may retain your PII the fullest extent permitted by applicable law. We may also discard your PII at our discretion, therefore you should retain your own records of any information that you submit to us.

5. OTHER WEBSITES

This Policy applies only to the Site. If you visit any website linked to this Site, including via an account described in Section 4 of this Policy, or the website of any grantee or any third party participating in the grant program on this Site, you are subject to that entity’s own privacy policies, which we do not control or monitor. You should review the privacy policy of all third-party websites before you visit them.

6. INFORMATION SECURITY

We endeavor to protect your personal information, using technical, administrative and physical security measures. However, there is no such thing as perfect security on the Internet, and you provide PII to us at your own risk. THE CORPORATION EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS OF ANY KIND RELATING TO ANY PII THAT YOU PROVIDE TO US OR OTHERS THROUGH THE SITE. Notwithstanding the foregoing, if you believe that you have been a victim of identity theft through this Site, please notify us at the address provided above.

7. CHILDREN’S PRIVACY

The Site is not targeted toward, and we do not seek or desire to collect information from, children under the age of 13. Therefore, we will not knowingly request information from persons under such age. Please do not provide any PII to us for any reason unless you are at least 13 years of age, and please caution your children not to do so. Consistent with the Children’s Online Privacy Protection Act, if a child under 13 has provided PII to us through the Site without verifiable parental consent, a parent or guardian may inform us at the address above, and we will use commercially reasonable efforts to delete such information, subject to applicable law and this Policy.

8. DO NOT TRACK

The Corporation does not track users of the Site over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

9. INTERNATIONAL USE

This Privacy Policy is intended to meet the laws and regulations of the United States, and despite the global nature of the internet, the Corporation makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

10. NO WARRANTIES/DISCLAIMER

11. DAMAGE LIMITATION

12. BENEFICIARIES

There are no third party beneficiaries of this Policy.

13. GOVERNING LAW/VENUE

This Policy and your use of the Site are governed by New York law. Any dispute between us relating to this Policy or your use of this Site shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City.

COPYRIGHT

Copyright on the text materials contained in this website is owned by Carnegie Corporation of New York. The text materials contained in this website may be used, downloaded, reproduced, or reprinted, provided that this copyright notice appears in all copies and provided that such use, download, reproduction, or reprint is for noncommercial or personal use only. The text materials contained in this website may not be modified in any way.

All rights to photographs, illustrations, artworks, and other graphic materials are reserved to Carnegie Corporation of New York and/or the copyright owners (licensors). Prior permission to use, download, reproduce, or reprint any photograph, illustration, artwork, or other graphic material must be obtained from the copyright owner, regardless of the intended use.

Any use of “Carnegie Corporation of New York,” the Corporation’s logo, or the text or graphic materials contained in this website in any manner to express or imply endorsement, sponsorship, affiliation, or association of the user with or by Carnegie Corporation of New York, is strictly prohibited.