Welcome to the Prizmah: Center for Jewish Day Schools, Inc. (“Prizmah”) website. These Terms (“Terms”), which includes our Privacy Statement [available on Prizmah.org], sets forth the terms and conditions for your use of the website we operate at www.prizmah.org (“Our Site”). We may change these Terms (including the Privacy Statement) from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. By continuing to use Our Site after we have posted an updated Terms, you agree to the updated Terms.
Please read these Terms carefully. By using Our Site, you agree to be bound by and comply with them. If you do not consent to these Terms, you may not use Our Site.
Copyright & Trademark
All of the content featured or displayed on Our Site (“Content”) is protected by copyright law. It is part of Prizmah’s mission to make its resources available for all Jewish day schools to strengthen and grow holistically. Accordingly, unless particular materials are specifically restricted as noted where they are displayed, it is Prizmah’s policy to allow limited reproduction and distribution of the Content as follows: You may use, copy, display, and distribute items included in the Content provided that: (1) you may not edit or otherwise change the Content or remove any trademark, copyright, or other notices displayed on the Content; (2) you use the Content for personal, non-commercial, educational, or public policy use; (3) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, Prizmah grants you a non-exclusive, non-transferable license to use, copy, distribute, and display the Content. Other than as specifically described above, you may not reproduce, distribute, modify, publically display or perform or otherwise use any of the Contents without prior written authorization from Prizmah. To request such permission, contact our web team at [email protected].
“Prizmah: Center for Jewish Day Schools,” “Prizmah,” the Prizmah logo and other trademarks featured on Our Site are trademarks owned by Prizmah (“Our Trademarks”). You may not use Our Trademarks without written authorization from us. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in a manner that would damage our reputation.
Registration; User Names and Passwords
If you are over 18 years old, you may register to become a registered user through Our Site (“Registered User”), which will allow you to make comments to articles or blog posts available on our Our Site. If you are a professional or lay leader of a Prizmah member school, becoming a Registered User will also allow you to access certain member-areas of Our Site. You are responsible for all activity under your Registered User account. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. You must keep the Registered User username and password confidential, and you may not transfer or otherwise do anything to give another person access to your Registered User account. You must notify us immediately if you become aware that anyone has gained unauthorized access to your Registered User account. You represent and warrant that all information you provide as a Registered User is accurate and complete.
We reserve the right, in our sole discretion, to suspend or terminate any Registered User or to block access to Our Site at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use Our Site in any way that violates these Terms or any applicable laws or regulations.
User Content
Our Site may offer features that allow you to submit and share comments, questions, answers, information, works of authorship, and other materials (collectively, “User Content”).
If you submit User Content to Our Site, you grant Prizmah an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use your name and likeness, the names and likenesses of other persons depicted, and other materials (including copyrighted materials) you submit as part of User Content; and to identify User Content with our description or additional information. When you submit any User Content, you represent and warrant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including to any third-party material included in User Content and from any individual depicted in User Content; (C) the User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of User Content; and (E) no User Content contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.
You irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members, and executors) Prizmah (and its respective affiliates, members, managers, directors, officers, employees, and agents) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of your use of Our Site or our use of any User Content or your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.
You are solely responsible for any User Content you submit to Our Site. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We have no obligation to display or otherwise use any User Content in any way. We may restrict you from submitting new User Content or from otherwise participating in Our Site’s interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with these Terms.
Conduct on Our Site
We value a diversity of viewpoints and expect Registered Users of Our Site to exhibit the same respect and civility for others and to practice discretion on Our Site.
Accordingly, you may not (A) submit or otherwise make available on Our Site any User Content or other material that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics, or otherwise objectionable or inappropriate; (B) submit any User Content or other information that you do not have the right to submit or that violates another party’s right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam, or bulk email, or any advertising or other form of communication that violates these Terms or any law or regulation; or (D) submit or otherwise make available on Our Site any User Content or other material that contains any computer code, file, or program designed to interrupt, corrupt, destroy, or otherwise interfere with or limit the functionality of any software, hardware, or equipment, make any unauthorized transmission, or cause any other effect that might reasonably be considered undesirable.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on Our Site. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material posted on Our Site infringes your copyright, then you may request the removal of those materials from Our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent we have designated with the Copyright Office:
25 Broadway - Suite 1700
New York, NY 10004
646-975-2800
[email protected]
Your Notice must be in writing and include the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (3) 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 us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) A statement that you have 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; and (6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Prizmah a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
Disclaimers
OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH OUR SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE AND OUR SERVICES. IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED). ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
PRIZMAH AND ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL PRIZMAH OR ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES, OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless, and defend (only if requested) Prizmah and its managers, directors, officers, employees, agents, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of Our Site or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Links, Frames and Metatags
Unless you obtain our prior written consent in each case, you may not: (A) frame the content of Our Site on any other web; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name. We do, however, encourage you to link to Our Site and Our Site’s resources.
Links to Third-Party Web Sites
Our Site may contain links to web sites controlled by third parties (“Third-Party Web Sites”). We are not responsible for Third-Party Web Sites or their content or activities or privacy practices. Any information you share or actions you take on Third-Party Web Sites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on Our Site does not imply our endorsement of Third-Party Web Sites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Web Sites. JEDJobs.com is a Third Party Website and any information you share or actions you take on JEDJobs.com are governed by that sites’ terms of use and privacy statement. We are not responsible or liable for any content, activity or privacy practices on JEDJobs.com.
Termination
We reserve the right to terminate Our Site, these Terms, and any services offered through Our Site at any time without notice, for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
General
These Terms, which includes the Privacy Statement, is the complete agreement between you and Prizmah regarding your use of Our Site and is governed by applicable federal laws and the laws of the New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of Our Site and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms).
Questions
Please email our web team at [email protected] with any questions you may have about these Terms, including the Privacy Statement.