A. User Generated Content -- Your Responsibility and License to Others. Sometimes you may wish to provide Content, such as by uploading a photo or information, or submitting comments in a feedback form or forum. When you provide Content, you:
represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Foundation and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, "adverse consequence," means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
grant the Foundation, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads the Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by the Foundation or other licensed person in its sole discretion) to allow the Foundation or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the Site.
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of the Foundation, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:
be defamatory, obscene, invasive to another person's privacy or protected data, or tortious;
be infringing upon anyone's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity;
contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to the Foundation above).
The Foundation anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as Foundation help with a report you are obligated to make) will need your review.
YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS.
We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of the Foundation.
B. Site Activities. The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change a grant description at any time even if you have already applied, and not grants may be posted at all or on the Site – we use various methods for pursuing our mission and they are not limited to the Site. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a grant description even if you have already taken action based on it.
C. No Commissions. We do not want to deal with persons desiring to be paid for something unless we intentionally enter into an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps arrange a job, grant or anything else unless we have expressly contracted to do so in writing prior to any such arrangement. For example, if you submit an application for someone else without entering into such a contract with us, we will not pay you (or anyone else) a commission or other amount even if we accept the application, hire the person or make the grant etc. We may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else. If you do not want that result then do not submit any information without entering into a written contract with us first.
