Terms of Service
Last Updated: 9/19/2011
The Breathe Project
625 Liberty Ave., 30th Floor, Pittsburgh, PA 15222
Compliance with Law
Users of the Services shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Disclaimer of Warranties and Limitation of Liability
The content provided on the Services is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Endowments makes no representations or warranties of any kind with respect to the Services, such representations and warranties being expressly disclaimed. The Endowments does not warrant that the Services or the server(s) that make the Services available are free of viruses or other harmful components. Moreover, the Endowments does not represent or warrant that the content of the Services is accurate, complete or current for any specific or particular purpose or application. The Services are not intended to provide, nor should anyone consider that the Services provide, medical, legal, accounting, tax or other advice.
In no event will the Endowments or any of its officers, trustees, employees, agents, affiliates, contractors, or successors and assigns (collectively, “Representatives”) be liable for any damages-whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise-that might result from any use of or reliance on materials or links made available on or through the Services.
Except as may be otherwise indicated within the Services: (1) you are authorized to view, play, print, and download the Content for personal, informational and noncommercial purposes only; and (2) you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the Content or the information contained therein. You will not remove any copyright, trademark or other proprietary notices from the Content. Permission for any other use of the Content must be obtained from the Endowments in writing.
In using Content in accordance with these Terms of Service, you may not (1) state or imply that the Endowments is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with the Endowments or any of the events, products or services that the Endowments provides unless that relationship is the subject of a written agreement that has been signed by the Endowments. You will not access any Content of the Services through any technology or means other than the pages of the web site itself, the Widgets (as defined below) or such other explicitly authorized means as the Endowments may designate. See “Access and Interference” below.
Trademarks. All trademarks, service marks and trade names of the Endowments used in the Services (including, but not limited to, The Heinz Endowments name and The Heinz Endowments logo) (collectively, the “Marks”) are trademarks or registered trademarks of the Endowments or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without the Endowments’ prior written consent. The use of the Marks on any other web site or network computer environment is not allowed.
Services and Submissions
Through the Project, we will offer the Services, which may include, among other things, blogs, blogger outreach services, text message outreach services, data sharing services, online communities, and other services. The use of the Services is subject to these Terms of Service and any additional provisions that may be specified as a condition to using the Services.
All users of the Services agree to act responsibly. The Endowments does not control the content posted through the Services and, as such, does not guarantee the accuracy, integrity, quality or availability of such content. Although we do not censor the content being posted, we reserve the right to not post, or to remove after its posting, any content which in our sole discretion we deem to violate the Terms of Service. Such content may be removed immediately and without prior notice, and further postings by the individual may be blocked. Use of the Services is subject to these rules:
You are solely responsible for the content you submit or post through the Services, the consequences of posting content, and the consequences of any reliance by you on content posted by third parties.
Content that you provide to the Project that is covered by intellectual property rights, you grant the Endowments a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, in any form now existing or hereafter discovered, any content that you post on or in connection with the Services.
The Endowments is not required to treat any content to post or submit as confidential.
If you believe that any content on the websites infringes your copyright and you want the content removed from the website, please send a detailed message to our Designated Copyright Agent at:
The Breathe Project
625 Liberty Ave., 30th Floor, Pittsburgh, PA 15222
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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 service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider 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.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) 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.
Widgets. To the extent that the Endowments makes available to you through the Services (or otherwise) “widgets” to obtain access to Content from the Services (collectively, the “Widgets”), you agree as a condition to accessing and using such items that you will not use the Widgets for any commercial use, without the prior written consent of the Endowments. Prohibited commercial uses include, but are not limited to, any of the following actions: sale of access to the Services on another web site and use of the Services for the purpose of gaining advertising or subscription revenue.
Member Account, Password and Security. Some of the Services may require that you create/receive a password and account designation before using the Services. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Services through your username and password, you will defend and indemnify the Endowments and its Representatives from and against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify the Project as set forth above of any unauthorized use of your password or account or any other breach of security related to the Services of which you are aware.
Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service or is otherwise prohibited under applicable law. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services.
Guidelines. Be respectful of others — do not post or send:
1. Content or communications that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Content or communications that falsely state or otherwise misrepresent your identity, affiliation with the Endowments, or any person or other entity;
3. Confidential business or personal information, or content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
4. Content or communications that make available unsolicited or unauthorized advertising, promotional materials, sweepstakes, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;
5. Content or communications that are fraudulent, false, inaccurate or misleading;
6. Content or communications that violate any law, ordinance or regulation; that promotes illegal activities; that is harmful to minors; or
7. Links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
No Lobbying or Election Activities. As a private foundation, the Endowments is prohibited from supporting attempts to influence the outcome of any election for public office or engaging in lobbying activity. Accordingly, these types of content and communications are prohibited within the Project:
1. Content and communications that expressly or impliedly endorse or oppose any candidate for public office; and
2. Content and communications that encourage others to contact a government official to express support for, or opposition to, any legislation, including a specific legislative proposal that has not yet been introduced.
In addition, hyperlinks to web site pages that contain these types of content, or which direct users to such materials, also are prohibited.
Access and Interference
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content therein. You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Services automatically. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (c) bypass any measures we may use to prevent or restrict access to the Services.
You agree to indemnify, defend and hold harmless the Endowments and the Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Services, any assistance or Services provided by us or the Representatives to you, any alleged unauthorized use of the Services by you, or any breach or alleged breach by you of these Terms of Service. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms of Service.
In the event that you have a dispute with one or more other users of the Services, you release the Endowments and Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law and Jurisdiction
The Services are controlled and operated from the Endowments’ offices in the Commonwealth of Pennsylvania. By accessing and using The Services, you agree to be bound by the Terms of Service of this agreement which is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws principles. All activity occurring in connection with the site or Services (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the Commonwealth of Pennsylvania.
In connection with any suit, action or proceeding arising from or relating to these Terms of Service, you consent to the jurisdiction of the federal and state courts within the Commonwealth of Pennsylvania.
Electronic Communications; Binding and Entire Agreement
If any of these Terms of Service is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms of Service will be enforceable to the fullest extent permitted by law.
The Endowments’ failure to enforce these Terms of Service in every instance in which they might apply is not a waiver of any of the Endowments’ rights, and the Endowments reserves its right to take all legal steps available to enforce these Terms of Service.
We reserve the right to terminate the Services, access to the Services and/or these Terms of Service at any time without notice for any reason, including, in the case of these Terms of Service, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms of Service shall survive any such termination.