Effective as of March 30, 2014
2. DESCRIPTION OF SERVICE
The Site contains information about The Wandering Samaritan, Inc. The Site and the information, features and services available through the Site are referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Services in the future will be considered part of the Service and subject to these TOU. The Service is provided primarily for informational purposes, and is not guaranteed. While we make a concentrated effort to present accurate, reliable information on our website, we will not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, videos, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service as we work with a number of contributors and partners and cannot certify the information presented or guarantee its accuracy. We will not be responsible or liable for any decisions may in reliance on such information or consequences resulting from the use of the information contained within the Site’s pages or obtained at linked external sites.
3. USER SUBMISSIONS
By submitting Content, you acknowledge and agree that: (a) your Content does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied with respect to the Content, (c) you are granting The Wandering Samaritan, Inc. the perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly display, and to use or disclose (or to choose not to use or disclose) such Content for any purpose, in any way, to any media worldwide, (d) your Content automatically become the property of The Wandering Samaritan without any obligation of the organization to you, and (e) you are not entitled to any compensation or reimbursement of any kind from us solely in return for the submission of Content.
4. USER CONDUCT
THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Site.
In connection with User Submissions, you affirm, represent, and/or warrant that:
• (i) You own, or have the necessary licenses, rights, consents and permissions to use and authorize The Wandering Samaritan to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by The Wandering Samaritan and these Terms, and
• (ii) You have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable person to enable inclusion and use of the User Submissions in the manner contemplated by The Wandering Samaritan and these Terms.
You understand that when using the Site you will be exposed to User Submissions from a variety of sources, and that The Wandering Samaritan is not responsible for the accuracy, usefulness, safety, or intellectual property rights of relating to such User Submissions and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Wandering Samaritan with respect thereto, and agree to indemnify and hold The Wandering Samaritan, its officers, directors, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
5. PROHIBITED USES
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
• (i) Access to The Wandering Samaritan materials and the Site from territories were their content is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
• (ii) Your use of any of The Wandering Samaritan materials other than for approved commercial or noncommercial use is strictly prohibited.
• (iii) You many not use the Site in any manner that, in our sole discretion, could damage, disable, overburden or impair it or interfere with any other party’s use of the Site.
• (iv) You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms or other malicious code.
• (v) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations of the use of the Site.
• (vi) You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
• (vii) You agree to neither modify the Site in any manner or form, nor to use modified versions of the Site, including, without limitation, for the purpose of obtaining unauthorized access to the Site.
• (viii) The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
• (ix) You may not utilize framing techniques to enclose any trademark, logo or other The Wandering Samaritan materials without our express written consent.
• (x) You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or The Wandering Samaritan’s name or trademarks without our express written consent.
• (xi) You may not deep-link to the Site and will promptly remove any links that The Wandering Samaritan finds objectionable in its sole discretion.
• (xii) You may not use any logos, graphics, or trademarks of The Wandering Samaritan or those related to the Site as part of the link without our express written consent.
• (xiii) You may not send junk mail to other users, including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures.
6. THIRD PARTY WEB SITES
This Site may provide links to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. There are inherent risks in relying upon using or retrieving any information found on the Internet, and you are urged to make sure you understand these risks before relying upon, using or retrieving any such information on a Linked Site.
7. ADDITIONAL PROVISIONS SPECIFIC TO DONORS
Any individual, entity or organization that registers for a donor account is subject to the following additional terms of this User Agreement that apply specifically to donors. By clicking the “Donate” button, you indicate that you understand and agree to the following additional terms in the section below that apply specifically to donors. By registering for a donor account, you represent and warrant that:
• (i) You are 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision;
• (ii) All information you provide to The Wandering Samaritan, Inc. is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and
• (iii) Any donation you make is legal in your jurisdiction. The Wandering Samaritan will not be held liable for any loss or damages due to non-compliance.
The Wandering Samaritan is deeply committed to protecting your privacy and we take all reasonable steps to protect all data and information supplied to us. We protect your privacy in a variety of ways including using industry accepted security measures to protect against the loss, misuse and alteration of data used by our system. We do not share any of your personally identifiable information with third parties. We understand the importance of personal information security. We are absolutely committed to personal privacy on the Internet.
9. LIMITATION OF LIABILITY
You acknowledge and agree that you shall hold The Wandering Samaritan, Inc. and its officers, directors, employees and volunteers harmless from all claims arising out of or related to its use or inability to use the information provided on its website or other websites that are linked to this website.
The Wandering Samaritan, Inc. has its primary office in New York, New York. By accessing this website, you agree that the laws of the State of New York shall apply to all matters arising from or related to this website without regard to conflicts of laws principals. You hereby submit to the exclusive personal jurisdiction and venue of the United States District Court for the Southern District of New York or any New York State court sitting in the City of New York, so long as one of such courts shall have subject matter jurisdiction over such suit, action or proceeding, and that any cause of action arising out of this User Agreement or the transactions contemplated hereby, shall be deemed to have arisen from a transaction of business in the State of New York.
11. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our 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 on the Site are covered by a single notification, a representative list of such works from the 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 Site to locate the material;
4. Information reasonably sufficient to permit the Site 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;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorize 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. The Wandering Samaritan’s copyright agent to receive notifications of claimed infringement is:Jason Mandl The Wandering Samaritan, Inc. 145 E. 16th Street Apt 7F New York, NY 10003
12. ENTIRE AGREEMENT
This Agreement constitutes the complete and entire understanding and agreement between The Wandering Samaritan, Inc. and you in connection with your use of this Site, hyperlinks to the Site, and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and The Wandering Samaritan including prior versions of this Agreement. As a user of the Site, you understand and are held responsible for periodically reviewing the terms of this Agreement. The Wandering Samaritan may update this Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the Agreement. Any continued use of the software or The Wandering Samaritan service by you after such amendments have been posted shall be deemed to be your acknowledgement and consent to the amended terms.