United Way of Southwestern Pennsylvania (“we”) maintains several websites operating under the United Way of Southwestern Pennsylvania name (each a “Site,” and together they are the “Sites”) for your information, use and convenience. Please read this Terms of Use Agreement (“Terms”) carefully because it applies to all Sites, and governs your access to and use of the Sites. By accessing, browsing or otherwise using any Site, you agree to the terms of use found below. For purposes of the Terms, “you” means you, the person using the Site and, if applicable, the entity for which you are using the Site. Each time you access the Site, you are indicating that you have read and agreed to the Terms.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE
1. About the Sites
On the Sites, you can pledge contributions, pursue volunteer opportunities, start a fundraising campaign around issues of concern to you, and connect online with fellow community members, as well as with community, housing, health and disaster service providers. The information contained on the Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, United Way of Southwestern Pennsylvania is not responsible for any errors or omissions in the Site.
2. Use of the Sites
2.1 License to You
We grant you a personal, limited, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Site for your personal, non-commercial use consistent with these Terms. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit or otherwise exploit the Site (or any of its content) for any purpose except for your personal, non-commercial use and as described in the Terms.
2.2 License to Us
You grant us a worldwide, perpetual, irrevocable, nonexclusive, fully paid-up, royalty-free unrestricted license to use any information, ideas, expression of ideas, or content (“Materials”) that you post, upload, submit, or transmit to or through the Site. The license includes, without limitation, the irrevocable right to store, publish, copy, translate, transmit, distribute copies, modify, publicly perform and display, reproduce, create derivative works from, combine with other works and license the Materials and all rights in them in our name in any and all media now or hereafter known. The license also permits us to use portions of, rerecord, modify, and rewrite any Materials, and incorporate other materials, either created by us or licensed from third parties, with the Materials. We own the works resulting from these combinations, they are not subject to your approval and we are not required to compensate you for them.
In addition, we have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information you provide to the Site in connection with the Materials you submit. We may use the Materials, and the types of information listed in the preceding sentence, in connection with the marketing, promotion, advertising, and publicity of the Site and United Way of Southwestern Pennsylvania, as well as to modify the Site and develop additional sites, services and programs. However, if you elect to donate anonymously or have otherwise informed us that you wish to keep your information or Materials confidential, we will not publicly use or display those confidential Materials, and they will only be used by us for our internal purposes.
You guarantee that the Materials you submit to the Site: (a) fully comply with the Terms; (b) are accurate and original to you; and (c) do not violate the rights of any third party or applicable law.
3. User Conduct
As a condition to your access to and use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by the Terms. By way of example, and not as a limitation, you agree to:
a. not intentionally or unintentionally violate the Terms, any applicable local, state, national or international law, or any rules and regulations having the force of law;
- not create user accounts by automated means, knowingly submit false or misleading information to us, or impersonate any person or entity, misrepresent your affiliation with a person or entity, or use a false identity;
- not access or use the account of another user without permission;
- not use the Site or its features to harass, defame, disparage or abuse any other person or entity;
- not upload, submit, post or transmit content that you do not have the legal authority to upload, post or transmit;
- not harm minors in any way;
- not make any commercial use of the Site, which includes, without limitation, resale, charging access or use fees, redistribution, or creating derivative works based on it;
- not use the Site in any manner that violates, infringes, misappropriates or violates any third party’s rights, including, but not limited to, submitting or transmitting any content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, privacy rights or intellectual property rights, or using Our Content without our permission;
- not replicate, copy, import, export, data mine, download, distribute, market, scan, scrape, or otherwise deliver the Site (including its contents) to anyone else;
- not reverse engineer, reverse compile, reverse assemble or do any other similar operation with the Site;
- not transmit or submit any materials that are encrypted or contain viruses, ransomware, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
- not attempt to bypass, disrupt, interrupt or interfere with security, data encryption or provision of the Site; and
- not assist any third party in engaging in any activity prohibited by the Terms.
4. Content Standards
You understand and agree that we have the right, for any or no reason, to review, delete and block publication of any content that you may attempt to post or upload to the Site. You accept sole responsibility for any content you post to, or transmit through, the Site and for any information you share with third parties through the Site. You will not post or transmit any inappropriate content or information including, but not limited to: (a) pornography; (b) content that includes nudity of any kind; (c) private information about third parties that you do not have consent to share; (d) violent content or information; or (e) any other gratuitous or offensive content or information. You understand that our removal or decision not to post your content, or the content of any other user, does not mean that we monitor all content. You will ensure that any content or information you post or share through the Site is consistent with the respectful, tolerant and welcoming online community that we strive to maintain.
5. Copyrights and Trademarks
5.1 Our Content
All information and content that we have contributed to the Site is protected by U.S. copyright laws, and we are the owner or licensee of all copyrights in the Site, its forward-facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code (collectively, “Our Content”). Our Content includes trademarks (registered and unregistered), text, graphics, logos and service marks, which are the property of the United Way of Southwestern Pennsylvania and other parties. Nothing in the Terms confers any rights to you in Our Content, unless otherwise expressly stated in the Terms.
5.2 To Copyright Holders
If you are a copyright holder in any content found on the Site and someone using this Site has infringed a right that you hold under U.S. copyright laws, please let us know by contacting us at [email protected]. In your email, please identify the following: (a) your name and contact information; (b) the identity of the copyrighted work alleged to have been infringed; and (c) the identity of the allegedly infringing material. Please take care to include all required information, as complaints that are incomplete may not be processed.
6. Privacy
You acknowledge, consent and agree that by providing us with any personal or proprietary information through the Site, you consent to the transmission of such personal or proprietary information according to the our standard business practice and current Privacy Statement, which is incorporated into the Terms by reference and accessible at http://www.uwswpa.org.
7. International Use
The Site is intended for use by users resident in the U.S. You represent and warrant that you will not make any financial transactions through the Site if: (a) you are located in a country embargoed by the U.S., or (b) you are on the U.S. Treasury Department’s list of Specially Designated Nationals. If you use the Site, you consent to having your data transferred, processed and stored in the U.S. in accordance with our Privacy Statement (see Section 6 (Privacy)).
8. Termination of Access
As the provider of this Site, we reserve the right to discontinue, for any reason or no reason and without notice to you: (a) the Site, in whole or in part, (b) any features or services offered through the Site; and (c) your account with any Site. Following any termination of your account or access rights, you will not be permitted to access or use the Site. If your access to or use of the Site is terminated, we may use whatever means we deem necessary to prevent unauthorized access to the Site, including, but not limited to technical or legal means, to block your ability to access the Site.
9. Disclaimers, Exclusions, Limitations and Indemnity
9.1 Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, INFORMATIONAL CONTENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT ENDORSE OR UNDERTAKE ANY OBLIGATION TO REVIEW, SCREEN OR INVESTIGATE THE CONTENT AND INFORMATION INCLUDED ON THE SITE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. UNITED WAY OF SOUTHWESTERN PENNSYLVANIA MAKES NO WARRANTY THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER DISABLING ELEMENTS.
9.2 Waiver and Release
You hereby release, waive and discharge us from all liability, costs, expenses, losses and damages (including damage to property, personal injury, or death) and claims, whether known or unknown, caused by negligence or otherwise, that may arise from: (a) you hosting, participating in, volunteering at, advertising or attending an event posted on the Site; or (b) the acts or omissions of third parties with whom you interact through the Site.
9.3 Exclusion of Damages
UNITED WAY OF SOUTHWESTERN PENNSYLVANIA SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES, MACROS, OR OTHER DISABLING SOFTWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT. ADDITIONALLY, YOU RELEASE US FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT OR INFORMATION THROUGH THE SITE.
9.4 Limitation of Liability
IN NO EVENT SHALL THE UNITED WAY OF SOUTHWESTERN PENNSYLVANIA’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE TERMS OR THE SITE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
9.5 State Law Rights
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.6 Indemnity
You agree to indemnify, defend and hold harmless United Way of Southwestern Pennsylvania and its affiliates, officers, directors, agents and employees (“Indemnified Parties”) from any damage, loss, cost or expense (including reasonable attorneys’ fees) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would constitute a breach by you of any provision of the Terms; (b) arising from, related to or in connection with your use of the Site; or (c) arising from, related to or in connection with your violation of any law or the rights of a third party in connection with your use of the Site. If you are obligated to indemnify an Indemnified Party, we may, in our sole and absolute discretion, take control of the defense and the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our express written consent. You also agree to indemnify us for any and all damage you may cause us or the Site due to your actions.
10. Third Party Websites
We may provide links on the Site to other websites that are not under our control. These links are provided for your convenience only and we are not responsible for the contents or availability of any linked website. Access to any other websites linked to the Site is at your sole risk. The inclusion of any link on the Site does not imply an endorsement by us of any other website. You agree that we are not liable for any loss or damage you may experience from accessing or using a linked website.
11. Change to Terms
We reserve the right to change the Terms at any time in our sole discretion, with or without notice to you. Any changes to the Terms will be effective immediately upon posting the revised version of the Terms on the Site. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGE TO THE TERMS MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
12. Jurisdiction and Governing Law
These Terms are governed by, and all controversies, disputes or claims arising under, arising out of, related to or in connection with these Terms shall be resolved exclusively in accordance with the laws of the Commonwealth of Pennsylvania, USA, excluding its conflict of law provisions. All controversies, disputes or claims arising between United Way of Southwestern Pennsylvania, any of its affiliates or any of their respective officers, directors, trustees, agents, employees and attorneys, on the one and, and you, on the other hand, arising out of or related to (a) the relationship of the parties hereto, (b) the Terms, (c) services provided, purchased or licensed hereunder, or (d) any question regarding the existence, validity or termination of the Terms shall be brought in the federal or state courts having jurisdiction in Allegheny County, Westmoreland County, Fayette County or Southern Armstrong County, Pennsylvania, and you hereby consent to and agree to submit to the exclusive personal jurisdiction and venue of those courts.
13. General
The Terms and other agreements, rules and policies incorporated by reference in the Terms, including, but not limited to, the Privacy Statement, constitute the entire agreement between you and United Way of Southwestern Pennsylvania and supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us regarding the subject matters contained in the Terms. If you breach any provision of the Terms, we may pursue any legal or equitable remedy available. Failure by United Way of Southwestern Pennsylvania to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate the Terms and their rights and obligations without consent. No joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or use of the Site.