Welcome to the GrantmakersForGirlsOfColor.org provided by the NoVo Foundation (the “Site”). By accessing this Site you agree to the following terms and conditions (“Terms of Use”) with GrantmakersForGirlsOfColor.org and the NoVo Foundation.

Please read these Terms of Use carefully, because this document is a legal contract, and by using the Site you agree to its terms.

  1. Member Conduct

You agree and warrant that you will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that we deem objectionable, including, but not limited to, piracy, copyright infringement, bootlegging, harassment of other users, or violent behavior. We may restrict, suspend, or terminate your access to the Site without notice for any reason, including if we believe that you may have violated any law or these Terms of Use. 

 

You agree that you will only access the Site through the interfaces we provide. You agree not to ”hack” or reverse-engineer the Site, take any action that could have the effect of damaging the Site or its security, or interfere with other users’ use of the Site. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Site, or to send unsolicited or unlawful e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to us or the Site. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

  1. Information-Only

The information on the Site is provided for informational purposes only and is not intended or recommended as a substitute for professional advice, including medical advice. We may include on the Site certain information, reference guides and databases intended for use by certain categories of users, including students, parents, law enforcement, and judicial educators. These tools are not intended to give professional advice, and are provided solely for the convenience of the intended users.

The Site does not provide an exhaustive source of information, materials, resources, research data, or scientific studies. Inclusion of a specific resource or other material is not an endorsement by the Site of that resource. Nor is exclusion of a resource or other material in any way a disapproval or rejection by GrantmakersForGirlsOfColor.org of that resource or the information included therein.

In no event shall the Site be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or any monetary damages incurred by any individual or entity, arising from access to, failure to use, use of, or misuse of the Site or its contents.

  1. Our Intellectual Property

The Site is protected under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms of Use, all individual articles, content and other elements comprising the Site are also copyrighted works. All copyright rights in the Site and these works are owned by GrantmakersForGirlsOfColor.org, NoVo Foundation or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on the Site.

You agree to use the Site only for your own personal and non-commercial use. We do not grant you a license to use the Site for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of the Site over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of the Site, please contact us at: info@novofoundation.org.

All rights in the entity names, trade names, logos, and designs of all GrantmakersForGirlsOfColor.org or any third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to GrantmakersForGirlsOfColor.org or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of GrantmakersForGirlsOfColor.org or any third party.

  1. User Content and Communications

The Site may contain features that allow users to post their own content and communicate with others. When your account is used to submit, post, or add content to the Site (“User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. If you are under 18 years old and would like to remove material that you have publicly posted in a User Submission, please contact info@novofoundation.org and include a direct hyperlink to the material in question.

When you provide any User Submission to us, you grant us, our funders and affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.

By using the Site, you agree that your User Submissions will not:

  • infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
  • contain false statements or misrepresentations that could damage org or any third party;
  • include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by GrantmakersForGirlsOfColor.org in its sole discretion;
  • be illegal or otherwise objectionable to GrantmakersForGirlsOfColor.org ; or
  • include commercial advertisements or solicitations.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Use or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion. You understand and agree that User Submissions are not provided by the Site, and that the Site is in no way responsible for such User Submissions or any related conduct or practices.

  1. Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our Site without authorization in a way that constitutes copyright infringement, please provide send the following information to info@novofoundation.org:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

We will promptly investigate claims that any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

  1. Links

The Site may, as a convenience to users, provide links to third-party content and other websites, through links made available by GrantmakersForGirlsOfColor.org, our users, or third parties. We do not endorse, sponsor, endorse, or accept any responsibility for such material. GrantmakersForGirlsOfColor.org is not responsible for the content or privacy practices of any linked Sites.

  1. Limitation of Liability

You understand that the Site is solely an informational service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, the inaccessibility of the Site, or the costs associated with any claims you bring or try to bring against us.

IN NO EVENT WILL THE SITE, OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, FUNDERS, AFFILIATES, PARTNERS OR LICENSORS (THE “SITE PARTIES”) BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE SITE PARTIES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by applicable law.

  1. Indemnity

YOU AGREE TO INDEMNIFY THE SITE PARTIES AGAINST, AND HOLD THE SITE PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE.

  1. Disclaimer of Warranties

THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE SITE PARTIES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. THE SITE PARTIES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE PARTIES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY THE SITE PARTIES, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE SITE PARTIES OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

THE SITE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (A) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (B) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (D) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE SITE PARTIES DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

  1. Termination

This agreement may be terminated by the Site for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

  1. Governing Law; Entire Agreement

You agree that any dispute between you and GrantmakersForGirlsOfColor.org will be governed by the law of the State of New York, notwithstanding New York’s conflict of laws provision. You further agree that any legal action brought by one party against the other will be brought in the federal or state courts of New York, New York and you hereby consent to their exclusive jurisdiction.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior or contemporaneous communications and proposals in any form between you and Site. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.

  1. Privacy Policy

A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the Site. By using the Site, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy. Whenever we ask you for personal information in a registration form or elsewhere on the Site, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. If you have questions about our privacy practices, you can contact us at: info@novofoundation.org.

  1. Changes to Terms

From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Site constitutes your