Terms of Use

These Terms of Use (these “Terms”) apply to your access to and use of Brooklyn.org (the “Website”) operated by Brooklyn Org (“Brooklyn Org”, “we” , “us” or “our”), a 501(c)(3) nonprofit community foundation.

If you have any questions about these Terms or the Website, you may contact us at press@brooklyn.org.

By accessing or using the Website, you agree to these Terms, including the class action waiver. If you do not agree to these Terms, you are not authorized to use the Website.

Ownership

The Website, including all text, graphics, images, photographs, videos, illustrations and other content contained on the Website, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website and its content are reserved by us or our licensors. Any use of the Website or its content other than as specifically authorized herein, without our prior written permission, is strictly prohibited.

Trademarks

“Brooklyn Org” and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of Brooklyn Org and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered or unregistered, product names and company names or logos mentioned on the Website are the property of their respective owners.

Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Brooklyn Org or the Website (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as nonconfidential.

Prohibited Conduct 

You may not use the Website for any purpose that is unlawful or prohibited by these Terms or that would violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website.

Without limiting the generality of the foregoing, you understand and agree that you may not:

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Website, except as expressly permitted by us or our licensors;
• Modify the Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Website;
• Use the Website other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
• Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Website;
• Develop or use any applications that interact with the Website without our prior written consent;
• Frame the content of the Website on any other web site or use metatags or any other “hidden text” that incorporates our trademarks, or words confusingly similar to our trademarks, without our prior written consent; or
• Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of the terms of this section is solely at our discretion, and failure to enforce this section in any instance does not constitute a waiver of our right to enforce it in other instances.

In addition, this section does not provide any private right of action for you or for any third party nor does it create any expectation that the Website will not contain any content that is prohibited by such rules.

Links to Other Web Sites

Our Website may contain links to other websites that we think may be of interest and which we provide as a convenience to you. We have no control over these other sites and our links to them do not constitute our endorsement of these websites or their content. You should be aware when you leave our Website for another and remember that other sites are governed by their own terms of use and privacy policies, which you should be sure to read. You agree that any visits to linked sites are at your own risk and are governed by their terms and policies.

Use of Cookies

The Website uses cookies for marketing and analytics, as explained in our Privacy Policy. By using or interacting with the Website, you agree to the placement of such cookies.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Brooklyn Org and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, employees and volunteers (collectively, the “Brooklyn Org Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Website, including your conduct in connection with the Website; (b) your violation of these Terms; (c) your Feedback; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify us (by email to press@brooklyn.org) of any third-party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that we will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Brooklyn Org or any other Brooklyn Org Party.

Disclaimers

You understand that your use of the Website is at your sole risk. Except as otherwise provided in a writing signed by us, the Website and any content contained on the Website are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that the Website is accurate, complete, reliable, current or error-free. While we attempt to make your use of the Website and any Website content safe, we cannot and do not represent or warrant that the Website or servers are free of viruses or other harmful components. We will not be liable to you or any other  person for any damages that result from the use or inability to use the Website, or as a result of any content, information, services, or resources made available through the Website.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Brooklyn Org nor any Brooklyn Org Party will be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits arising out of the use, inability to use, or the results of use of the Website, any websites linked to this Website, or the materials, information or services contained on the Website or any or all such websites, even if we or the other Brooklyn Org Parties have been advised of the possibility of such damages. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Brooklyn Org or the other Brooklyn Org Parties or for any other matters for which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY WEBSITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

Access on Behalf of Third Party

If you access or use the Website on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, the person or entity agrees to be responsible to us.

Governing Law and Venue

This Website is owned and operated by us from our offices in Brooklyn, New York. Your use of the Website, and any related legal action, will be governed by the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

You irrevocably agree: (A) to bring any claim or dispute relating to your use of the Website and these Terms exclusively in the state and federal courts located in Kings County, New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons.

Class Action Waiver

You and Brooklyn Org agree that any dispute arising out of or related to these Terms or the Website is personal to you and Brooklyn Org and that any dispute will be resolved solely through individual action, and will not be brought as a class action or any other type of representative proceeding.

Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understanding between the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.” You agree that communications and transactions between us may be conducted electronically.

These Terms are entered into solely between you and Brooklyn Org and will not create any obligations on the party of Brooklyn Org to any third party and, except for your indemnification obligations with respect to the Brooklyn Org Parties, will not be deemed to create any rights in any third parties.

Privacy Policy

For information about how we collect, use, share and otherwise process information about you collected via the Website, please see our Privacy Policy.

Modifications to Website, Terms of Use

We reserve the right to make changes to any information or services on the Website, including these Terms, without notice to you. Any such changes to the Terms will be posted here and will be effective upon posting. Your continued use of the Website following the posting of such changes will mean you accept those changes. You acknowledge and agree that you are responsible for keeping yourself apprised of any such changes.