Terms and Conditions

Last updated: October 11, 2022

These Terms and Conditions (“Terms and Conditions,” “Terms”) govern your use of the PhilanthroSee website (the “Site”) and its services, information, and content published or accessible through the Site (collectively “Services”) operated by PhilanthroSee LLC (“PhilanthroSee”).  In these Terms, “you” or “user” refers to any person using or accessing the Services.

Accepting the Terms

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.  By accessing or using the Services, you agree to be bound by these Terms and any amendments, which are effective upon posting on the Site.

Minors

PhilanthroSee’s content is not directed to persons under 18 years of age, and by visiting the Site or using the Services you are representing that you are 18 years of age or older.

Intellectual Property Rights in Content

You agree and acknowledge that the Site and Services are protected by copyright, trademark and other intellectual property laws. The Site and Services are protected by copyright law as a collective work and/or compilation, and as individual works, as the case may be. Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Site or Services, in whole or in part, except as set forth herein.  PhilanthroSee reserves all rights not expressly granted in and to the Site and Services.

The Site and Services are intended for the personal use of PhilanthroSee’s users.  The Services may not be used in connection with any commercial purposes, except as specifically approved by PhilanthroSee. Unauthorized framing of or linking to any of the Site is prohibited.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed from job postings or other content without notice and may result in termination of user privileges.

Use of the Site

PhilanthroSee reserves the right to deny access to the Site to anyone who violates these Terms or who, in PhilanthroSee’s judgment, interferes with the ability of others to enjoy the Site or Services or otherwise infringes on the rights of others.  PhilanthroSee also reserves the right, but assumes no obligation, to delete or edit any content or job postings that violate these Terms or that we find unacceptable or inappropriate.  Without limiting the foregoing, PhilanthroSee may immediately delete your job posting t and use of the Site or Services if you engage in any of the following prohibited activities:

1. Submitting  any incomplete, false or inaccurate information;
2. Otherwise using the Site in violation of federal law or the applicable state, local or international laws in PhilanthroSee’s or your jurisdiction;
3. Aggregating, copying or duplicating in any manner any of the content available on the Site unless expressly permitted;
4. Uploading, posting, emailing or otherwise transmitting any content that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; 
5. Submitting, emailing or otherwise transmitting any content protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
6. Submitting, emailing or otherwise transmitting any advertising or promotional materials (except for authorized job postings), including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication;
7. Using an email address or other contact information from the job board for any purpose other than to respond to the job posting;
8. Submitting, emailing or otherwise transmitting any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment;
9. Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PhilanthroSee server, or to any of the Services offered on or through the Site, except in accordance with these Terms; and
10. Posting any job requirement or criterion in connection with a job posting that discriminates against any applicant for employment on the basis of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic violence victim status.

User Submissions

By publishing, transmitting or otherwise making available any content on or through the Site or the Service, you hereby grant to PhilanthroSee a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the Site, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent.  You may contact us to request the removal of certain content you have displayed, published, transmitted or otherwise made available, but PhilanthroSee has no obligation to remove any such content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such content and copies thereof. You represent and warrant that: (a) you own all right, title and interest in all content posted by you on or through the Site, or otherwise have the right to grant the license set forth in this section, and (b) the posting of your content on or through the Site does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

PhilanthroSee reserves the right, in its sole discretion, to reject or remove content or job postings that do not align with PhilanthroSee’s mission and guiding values.  In the event that your job posting is removed based on mission and guiding values misalignment, PhilanthroSee will offer you a full refund for the rejected/ job posting.  

Pricing

Some Services are provided on a fee basis.  All sales are considered final and refunds will not be issued except as otherwise provided herein.   

Job Board

PhilanthroSee’s job board is for organizations to post job opportunities and for individual users to find job opportunities that align with PhilanthroSee’s mission and guiding values.  PhilanthroSee is not involved in hiring or employment placement.  As a result, PhilanthroSee has no control over the quality, safety, or legality of the job listings, application documents submitted, or the truth or accuracy of the job listings, the ability of employers to offer job opportunities to users, or the ability of users to fill job openings.  You assume all risks associated with interacting with other users or employers with whom you come in contact with through the job board or the Site.

Links to Other Sites

The Site may contain links to or content from other sites, which are provided solely as a convenience to you.  PhilanthroSee is not responsible for the availability of external sites, content or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

Privacy

PhilanthroSee does not sell your personal information to third parties for its marketing purposes and it only uses your information as described in the Privacy Policy.

Disclaimer of Warranties

The Site and content are provided on an “AS IS” and “AS AVAILABLE” basis.  USE OF THE SITE OR CONTENT AND ANY RELIANCE ON THEM IS AT YOUR OWN RISK.  PHILANTHROSEE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL OR IN WRITING, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF THE SITE OR OF ANY CONTENT PROVIDED ON OR THROUGH THE SITE. 

Disclaimer of Liability

In no event shall PhilanthroSee, or its officers, directors, employees, or agents, be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

1. errors, mistakes, or inaccuracies of content; 
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; 
3. any unauthorized access to or use of PhilanthroSee’s servers and/or any and all personal information and/or financial information stored therein; 
4. any interruption or cessation of transmission to or from the Site;
5. any bugs, viruses, or the like, which may be transmitted to or through the Site by any third party; and/or
6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not PhilanthroSee is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  You specifically acknowledge that PhilanthroSee shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Sole and Exclusive Remedy

Your sole and exclusive remedy, and PhilanthroSee’s sole and exclusive liability, for any and all claims arising from PhilanthroSee’s supply of the Site or Services, including without limitation any services for which you have paid PhilanthroSee a fee, shall be as follows:

1. If there is any material defect in any goods or services provided to you by PhilanthroSee and you provide PhilanthroSee with written notice of such defect within 30 days of after receipt of such goods or services, PhilanthroSee, at its option, will repair or replace the goods, re-supply the services, or refund the price paid by you; and
2. In no event shall PhilanthroSee’s liability to you exceed the amount you paid PhilanthroSee for such goods or services.

Indemnification

You agree to indemnify, defend, and hold PhilanthroSee, and its officers, directors, employees, or agents, harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees) in connection with any claim, allegation, or lawsuit arising from your use of the Site and Services; your violation of these Terms; your violation of any third party right, including without limitation any intellectual property right; or any claim that one of your submissions to the Site caused damage to a third party.  This defense and indemnification obligation shall survive these Terms and your use of the Site.

DMCA

PhilanthroSee promptly responds to claims on copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512, as amended) (the “DMCA”).  If you believe that an infringing copyrighted work is accessible on the Site, you may notify PhilanthroSee by sending the following information to the address listed below: an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Site; your address, telephone number and email address; a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to:

PhilanthroSee LLC

United States Corporation Agents, Inc.

7014 13th Ave Suite 202

Brooklyn New York 11228

e-mail: admin@philanthrosee.com

PhilanthroSee will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When PhilanthroSee removes or disables access to any material claimed to be infringing, PhilanthroSee may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, PhilanthroSee may reinstate the material in question, will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before PhilanthroSee replaces or restores access to any materials. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you contact an attorney before providing a counter-notification.

Amendments of and Termination of Services

PhilanthroSee reserves the right to modify or discontinue, temporarily or permanently, any Service or part thereof with or without notice.  

Partial Invalidity

The provisions of these Terms are severable, and if any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such holding shall not affect or impair any other provision of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of New York without regard to choice of laws.  Any failure or delay to enforce any provision of these Terms shall not constitute a waiver thereof or of any other right.  Any disputes arising out of or relating to these Terms will be resolved exclusively by a court of competent jurisdiction located in Columbia County, New York.  You agree that the Services shall be deemed solely based in New York and the Site is a passive website that does not give rise to personal jurisdiction over PhilanthroSee, either specific or general, in jurisdictions other than New York. 

Attorneys’ Fee

In case suit should be brought arising out of enforcement of these Terms or your use of the Site or Services, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorneys’ fees.

Amendments to Terms

PhilanthroSee reserves the right to amend these Terms from time to time.

Entire Agreement

Except as otherwise expressly provided for in these Terms, these Terms set for the entire agreement between you and PhilanthroSee regarding the subject matter of these Terms, and supersede all prior promises, agreements or representations, whether written or oral regarding such subject matter.