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TERMS OF USE

The Tulsa Community Foundation welcomes you to an urban guide to Tulsa: RootTulsa.com (“Website”). The terms “we”, “us” and “our” refer to the Tulsa Community Foundation.

YOUR ACCEPTANCE OF THESE TERMS OF USE

By using or visiting this Website or providing any content, comments or information on this Website, this automatically constitutes your agreement to these Terms of Use and any other terms and conditions that may be outlined elsewhere on this Website.  If you do not agree to comply with these Terms of Use in their entirety or your jurisdiction will not honor the terms of this Website, you are not authorized to use this Website, and you may not access or download any materials or content from this Website. 

PRIVACY POLICY

We have a separate Private Policy for this Website which is incorporated into these Terms of Use.

COPYRIGHT

Unless otherwise noted, all materials on this Website are protected as the copyrights, trade dress and trademarks and/or other intellectual properties owned by the Tulsa Community Foundation and/or their its grantees or affiliates or by other parties that have licensed their material to us.  We expressly reserve all rights to this Website and our materials under U.S. and international laws. You may copy or distribute the text materials contained in this Website but only for personal, non-commercial, educational or public policy use, distributed free of charge, provided that you include the following copyright notice on all copies of our materials: “Tulsa Community Foundation (2017). All rights reserved.” The materials contained in this Website may not be modified or altered in any way. You may not copy or distribute any photograph, illustration, artwork, video, or other graphic material contained on this Website, or any text materials not owned by us, for any use without first obtaining written permission from us and any other applicable copyright owner(s). Except as described above, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Website, including computer programs and other coding. You shall comply with all applicable law regarding your use of the Website.  You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

TRADEMARKS

All trademarks, service marks and trade names of the Tulsa Community Foundation or its partners, vendors or licensors used herein including, but not limited to, the Root and RootTulsa name and logo (collectively “Marks”), are trademarks or registered trademarks of the Tulsa Community Foundation or its affiliates, service providers or licensors. 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 this Website, without the Tulsa Community Foundation’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed. The Tulsa Community Foundation prohibits the use of the Marks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance.

THIRD PARTY WEBSITES

Our Website contains links to other websites. These websites are governed by their own terms of use and privacy policies. We have no responsibility or liability for the content and activities of these linked sites.

VISITOR CONTENT

Most of the information and opinions expressed in materials posted by visitors on our Website (“Visitor Content”) is provided by third parties, like you.  We make no representations or warranties regarding such posted materials and do not monitor, control or accept liability for any information posted to the Visitor Content.  Visitor Content is public, not private.  Therefore, any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages.  We specifically disclaim responsibility for such third party usage of any information posted to the Visitor Content.

By entering this Website or participating in or posting to any Visitor Content, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Website or your participation in or posting to any Visitor Content, you shall not submit, upload or post to any Visitor Content any text, graphic material or other information or data (singly or collectively, “Content”) that (1) libels, defames, invades privacy or is obscene, pornographic, abusive or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law; (5) contains viruses, corrupted files or other materials that may cause damage to another’s computer; (6) advertises or otherwise solicits funds or sales of goods or services, or (7) contains “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.

Content posted to any Visitor Content remains the intellectual property of the individual user. By posting such Content on our Website, you expressly grant the Tulsa Community Foundation a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such Content and your name, voice, and/or likeness as contained in such Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. Any such Content is not confidential, and the Tulsa Community Foundation shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Content.

By posting any Content to any Visitor Content, you agree to indemnify and hold harmless the Tulsa Community Foundation, its related entities and service providers and each of their respective owners, directors, officers, employees, successors and assigns (collectively “Third Parties”) from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THIS WEBSITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE.  WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING VIA DOWNLOAD) ANY CONTENT AT YOUR OWN RISK. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE AND THIRD PARTIES DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. THE TULSA COMMUNITY FOUNDATION AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM YOUR USE OF THIS WEBSITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

RELEASE AND INDEMNITY

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Website or participation in or posting to any Visitor Content, you hereby agree to release and waive any and all claims and/or liability against the Tulsa Community Foundation and Third Parties arising from or in connection with your use of this Website.  You also agree to indemnify and hold harmless the Tulsa Community Foundation and Third Parties from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Website or failure to abide by any applicable law.  You also agree to cooperate fully in the defense of any of the foregoing.

NOTE TO USERS OUTSIDE OF THE UNITED STATES

This Website is controlled by us from offices in the United States of America.  If you choose to access this Website from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws.  You may not use or export anything from the Website in violation of U.S. export laws, regulations, or these Terms of Use.

TERMINATION

We reserve the right to terminate the Website and these Terms of Use at any time without notice for any reason including, in the case of the Terms of Use, for your violation of any of its provisions. The Disclaimer of Warranties, Limitation of Liability, Release and Indemnity and General sections of these Terms of Use shall survive any such termination.

GENERAL

Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of Oklahoma (excluding conflict of law provisions). You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of Tulsa, Oklahoma. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by the Tulsa Community Foundation in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.

HOW TO CONTACT US

If you have any questions regarding our Privacy Policy, please contact us:

Tulsa Community Foundation
203 North Main Street Suite 207
Tulsa, OK 74103
Email: Info@RootTulsa.com

CHANGES TO OUR TERMS OF USE

We reserve the right to modify these Terms of Use at any time for any reason and without notice.  You acknowledge and agree that you are responsible for keeping yourself informed of any such changes. Your continued use of our Website following the posting of changes to these Terms of Use will mean you accept those changes. Any changes to these Terms of Use will be posted on this page and will reflect the date of the Terms of Use last modified.

These Terms of Use were last modified on August 1, 2017.