Virtual Senior Academy - Terms of Use

Virtual Senior Academy (“VSA”), accessible at www.virtualsenioracademy.org, is a web-based interactive social and learning Internet site dedicated to improving the well-being of seniors. VSA is a product of the the Jewish Community Center of Greater Pittsburgh (“JCC”). Through VSA, users can access interactive courses and associated information, digital materials and Internet links.

By accessing our VSA, you are agreeing to the following Terms of Use and any changes thereto, as well as our VSA Policies, the terms of which are hereby incorporated into this Agreement by reference. This document constitutes an agreement between JCC and you. If you do not agree to these Terms of Use, discontinue use of VSA.

We may change these terms from time to time without prior notification. Your continued use of VSA following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. You will always be able to view the most current version by clicking on the “Terms of Use” link at the bottom of any page on our site.

Scope of These Terms

These Terms of Use apply to your use of the VSA website. JCC operates other websites that may be covered by different Terms of Use. The Terms of Use for each of our websites are available on those sites. When you leave one of our websites and go to another website (whether controlled by us or by a third party), different terms may apply.

Disclaimer of Warranties and Liability

VSA is a resource presented to provide educational and social engagement. The information conveyed in interactive classes and in digital materials available through VSA (“Content”) is not intended as a substitute for professional medical or legal advice. For medical questions or issues, consumers should always consult with a health practitioner. USERS RELY ON THE CONTENT ON VSA AT THEIR OWN RISK.

We reserve the right to review any and all content at any time prior to or after it is published by users of VSA. We do not oﬀer you any warranty or guarantee related to VSA. We SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH VSA OR ON ANY SITES/RESOURCES LINKED FROM VSA. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH VSA.

It is your responsibility to evaluate the content available on VSA. If you are a health care professional, you should exercise your professional judgment in evaluating any content, and we encourage you to confirm the content contained on VSA with other sources before undertaking any treatment or action based on it. If you are a consumer, you should evaluate the content together with your physician or another qualified health care professional. USER EXPRESSLY AGREES THAT HE/SHE IS RESPONSIBLE FOR ASSESSING THEIR PHYSICAL AND MENTAL ABILITY TO ACCESS AND PARTICIPATE IN VSA SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL EXERCISE CLASSES, AND ASSUMES THE FULL RISK OF PARTICIPATION.

Whether the content comes from JCC or from a user of VSA, WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE CONTENT ON VSA. REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY YOU OR ANYONE MAY HAVE.

You understand and agree that we cannot and do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on VSA or through the Internet, in general, in any way. You also understand and agree that we cannot and do not warrant or guarantee that files available for downloading through the website will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You understand and agree that you are solely responsible for implementing suﬃcient precautions, procedures, and checkpoints to satisfy your own requirements for the accuracy of data input and output, and for maintaining a means external to VSA for the reconstruction of any lost data. We do not assume the responsibility for the loss of any information, data, or other materials resulting from your use of VSA.

Content on VSA may include links to external websites. VSA prohibits links to websites or organizations that are commercial or product-based; pharmaceutical or medical products organizations or services; consulting services; or other types of organizations or websites, as determined by VSA's sole discretion. Although we are selective about the organizations we link to, WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY WEBSITES THAT ARE LINKED TO VSA OR THAT YOU BROWSE AFTER FOLLOWING A LINK FROM VSA.

While we welcome your feedback on VSA, we reserve the right to make the final decisions about the content that is posted on the site and to remove such content in our unfettered discretion for any reason or no reason. If you believe that your work has been used on VSA in a way that constitutes copyright infringement, please contact our Copyright Agent by following the procedures described below. To register other types of complaints, you can use the “Contact Us” features or any other feedback link on our site to send us comments and criticisms, but IF YOU ARE DISSATISFIED WITH OUR RESPONSE OR WITH THE CONTENTS OF VSA, YOUR ONLY REMEDY IS TO STOP USING VSA.

Copyright

You acknowledge and agree that the content and materials available on VSA, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, logos, taglines, audio and video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights or other proprietary rights and laws. Among other things, this means you must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials except as expressly provided in these Terms of Use. You acknowledge and agree that the unauthorized use of the contents and materials on VSA could cause irreparable harm to JCC and that in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity. You are also prohibited from uploading copyrighted materials into VSA without the express permission of the copyright holder.

Trademarks

We or our partners also own the names we use for our products and services on VSA, and these names are protected by trademark laws in the US and internationally. All trademarks are the property of their respective owners.

If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval unless they constitute permissible fair use under applicable law.

Without limiting the foregoing, you may not use our trademarks in any of the following ways:

In a non-JCC product or service name or publication title. Within or as part of your own trademarks.
To identify non-JCC products or services. In a manner which will likely cause confusion.
In a manner that implies that JCC sponsors, endorses or is otherwise connected with your activities, products, or services. In a manner that disparages JCC.

Policy on Using, Sharing and Linking to VSA and VSA Content

Unless otherwise prohibited, you may look at VSA content online; download individual documents; print or email pages of content; download tools to your personal or handheld computer for later reading or use; and print pages for yourself or your colleagues, provided that:

You may not modify the content or any copyright notices or source indications.
You must always credit JCC (and any other sources specified for a specific piece of content) as the source of the material, as follows: “[Name of content item]. Pittsburgh, Pennsylvania: Jewish Community Center of Greater Pittsburgh [Year].”
You may not repackage VSA content for commercial purposes or otherwise oﬀer it for sale.
You may not frame VSA or incorporate pieces of it into a diﬀerent site or product.
You may not link to VSA if you create or post illegal, obscene, or oﬀensive content, or if the link in any way has a negative impact on our reputation.

Note that some content posted on VSA originates from outside sources that have granted JCC permission to post this content to our website only. Any further permissions for this content must be sought directly from the content owners.

We reserve all other rights not expressly granted under these Terms of Use.

To request permission to use VSA, including its content, in a manner other than as permitted under these Terms of Use, please send an email to helpvsa@jccpgh.org. Although we will try to respond in a timely manner, we are not always able to do so, and you do not have permission to vary your use of VSA, including its content, unless and until we give you explicit permission to do so.

Content That You Submit to VSA

You may not post any content, links or code that would be, in the sole and absolute determination of JCC I, misleading, false, defamatory, vulgar, inappropriate, or harmful. We disclaim any liability for moderating such content but reserve the right to remove any such content at any time without your consent.

If you submit or post any content or intellectual property to VSA, you represent and warrant that your submission or posting does not infringe the rights of the owner of such content or intellectual property or any other third party. You further represent and warrant that the owner of such content or intellectual property has expressly granted, or allowed you to grant, to JCC a royalty-free, world-wide, irrevocable, perpetual, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content or intellectual property in any medium, form, format, or forum whether presently existing or developed later, and to sublicense such rights to others.

YOU ARE EXPRESSLY PROHIBITED FROM UPLOADING ANY IDENTIFIABLE, PATIENT-LEVEL HEALTH INFORMATION INCLUDING BUT NOT LIMITED TO INFORMATION THAT WOULD FALL UNDER THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996’S DEFINITION OF PROTECTED HEALTH INFORMATION (PHI).

Appearance Consent And Release

I, the undersigned, in exchange for good and valuable consideration, and without further consideration, do hereby irrevocably grant the JCC, its parent, aﬃliates, subsidiaries, licensees, successors, nominees, agents, assigns, and those for whom it is acting, my consent and the unrestricted right and permission to copy, publish, republish, edit, record, reproduce, broadcast, rebroadcast, distribute, transmit, exhibit, copyright, sell, merchandise, disseminate, use or otherwise exploit, either in whole or in part, in any way throughout the universe and in perpetuity the audio and/or visual portions of any videotape, film, pictures, prints, stills, promotional materials or other recordings of me made in connection with the JCC and VSA and any reproduction thereof, for use through any medium or media now known or hereafter devised including, but not limited to, newspaper, home video release (whether by cassette, laser disc or other means), television (whether by free, pay, pay-per-view, cable, broadcast, video on demand, near video on demand, interactive, satellite or community), the internet, webcast, CD-ROM and other interactive means.

I understand and agree that the photographs, films, videotapes, pictures, prints, stills, promotional materials or other recordings of me may be used with or without identifying me as their subject. Such right and permission shall be exercisable, in whole or in part, at the sole discretion of JCC, its parent, aﬃliates, subsidiaries, licensees, successors, nominees, assigns, or agents.

I understand that any statements and any reference to me in the photographs, films, videotapes, pictures, prints, stills, promotional materials or other recordings of me may be used in connection with the promotion of JCC and VSA, in any of its fund-raising campaigns or by any of its clients.

I hereby waive any right that I may have to inspect or approve any finished product, derivative thereof or the use to which such finished product may be applied.

I hereby release, discharge and agree to hold harmless JCC, its parent, aﬃliates, subsidiaries, licensees, successors, assigns and agents and those from whom it is acting, from any liability, claim, or cause of action, now known or later discovered, including without limitation, liability for libel, invasion of any right of privacy or publicity, and defamation arising out of the use of any photographs, films, videotapes, negatives, prints, stills or other recording of me, or reference to me, or of any scene or sequence in which my likeness or such reference appears.

I hereby warrant that I am age 18 or older. I acknowledge that I have read and understand this Consent and Release prior to agreeing to the terms herein.

Advertising/Sponsorship and Solicitation Policy

Unless expressly permitted by JCC, you may not use VSA or any information, tool or service provided by VSA to solicit other users for any commercial purpose or to advertise commercial programs, products, or services of any kind for which a fee is charged.

Procedure for Making and Responding to Claims of Copyright Infringement

JCCrespects the rights of all copyright holders and will terminate the accounts of users who post materials on VSA that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide JCC’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
Identification of the copyrighted work that you claim has 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;
Identification of the material that you claim 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;
Information reasonably suﬃcient to permit us to contact you, including your address, telephone number, and email address;
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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact our Copyright Agent for notice of claims of copyright infringement on or regarding VSA, email helpvsa@jccpgh.org or write to Jewish Community Center of Greater Pittsburgh, 5738 Forbes Avenue, Pittsburgh, PA 15217.

If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to our Copyright Agent:

Your electronic or physical signature;
A description of the content that has been removed or to which access has been disabled; A description of where the allegedly infringing material is located on the website;
Your address, telephone number, and email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which VSA may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person;
A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law to post and use the content in your user submission.

Please send such notice to our Copyright Agent at: helpvsa@jccpgh.org or by writing to Jewish Community Center of Greater Pittsburgh, 5738 Forbes Avenue, Pittsburgh, PA 15217.

If a counter-notice is received by JCC, JCC may send a copy of the counter-notice to the original complaining party informing that person that JCC may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of JCC.

Laws That Govern This Agreement

JCC control VSA from its oﬃces within the Commonwealth of Pennsylvania in the United States of America. VSA can be accessed from any of the United States and from other countries worldwide. Because the laws of each state or country able to access VSA may diﬀer, by accessing VSA both you and JCC agree that the statutes and laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions will apply to all matters relating to the use of VSA. By agreeing to this Terms of Use Agreement, you submit to jurisdiction in Pennsylvania and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in Pittsburgh, Pennsylvania under federal law and the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.

JCC makes no representation that materials on VSA are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access VSA from other locations do so on their own initiative and are responsible for compliance with local laws.

About the Privacy Statement

We pay special attention to privacy issues. You should exercise caution when deciding to disclose any sensitive information on VSA. These uses are more fully described in the VSA Policies and the Appearance Consent and Release.

No Unlawful or Prohibited Conduct

As a condition of your use of VSA, you warrant and agree that you will not use VSA for any purpose that is unlawful or is prohibited by these Terms of Use. You may not use VSA in any manner which could damage, disable, overburden, or impair VSA or interfere with any other party’s use and enjoyment of VSA. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through VSA.

Consequences; Indemnification

If you do not comply with these terms, as determined by JCC in its sole and absolute discretion, we have the right to block your access, suspend or eliminate your registration, and remove any content or other information you have placed on our site. We may also take any legal action and/or report uploaded content to the appropriate authorities if, in our sole discretion, we think such recourse is appropriate. If your use of VSA or violation of this Agreement causes harm to yourself or others, you agree to defend, indemnify and hold JCC harmless against any liability for that harm.

Reporting a Violation

Any user who believes that another user’s use of VSA is in violation of these Terms of Use may report such violation to VSA by using the “Contact Us” features on VSA. JCC will make the final determination in responding to any alleged violation.

General

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. 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 and the Privacy Statement set forth the entire understanding and agreement between you and JCC with respect to your use of VSA.

Intergenerational Learning Platform

Child Safety Guidelines and Waiver for Parental Consent

In order to ensure the protection of children attending a virtual intergenerational learning workshop through the Virtual Senior Academy, the Jewish Community Center of Greater Pittsburgh will enforce the following protocol:

All workshop instructors must provide a copy of the following clearances prior to conducting workshops on this platform. These clearances include: Child abuse, FBI fingerprint, and PA state background check.
All workshop instructors are responsible for monitoring the facilitation of the workshop and must report any incident that occurs to the Jewish Healthcare Foundation.
All participants under the age of 18 must be registered with parent/guardian permission.
Parent/guardians will be asked to provide consent by signing a consent waiver via secure e-signature when creating a user account for their child.
The identity and contact information of all participants will be protected from other workshop participants.
Workshop participants will not have access to private chats and all workshop interaction will be monitored and facilitated by the workshop instructor.

Consent Waiver

I hereby consent to my child enrolling in the Jewish Community Center of Greater Pittsburgh’s Virtual Senior Academy’s intergenerational learning workshops. This web-based platform will host a number of workshops for children, youth and older adults to participate in co-learning experiences. All workshop facilitators will have clearances on record and will be monitoring and facilitating the safe engagement of all participants. Participants in these workshops will not be able to communicate directly with each other nor, will any personal or identifying information other than first name be shared with each other.

I understand and consent that my child will be utilizing the Zoom based video platform to engage with the intergenerational workshop facilitator and other workshop participants for the activities. I understand the Zoom based video platform has had issues with security and Zoom bombing that is outside the control of the Jewish Community Center of Greater Pittsburgh and workshop facilitators and that it is possible for a security breach to occur during a class. I understand that all engagement in these workshops will be done as a group, monitored by a cleared workshop facilitator.

I hereby consent to my child’s registration information to be shared with the administration of the Jewish Healthcare Foundation for record and for the safely of all participants. I hereby further consent to my contact information and child’s name to be shared with the instructors of the workshop in which my child participates. I understand that this information will not be made publicly available by the Jewish Community Center of Greater Pittsburgh or any workshop facilitator.
I understand that by creating an account on the Virtual Senior Academy I am also agreeing to the terms of use associated with the Virtual Senior Academy. See the following link for the terms and conditions of participation in Virtual Senior Academy classes. https://virtualsenioracademy.org/index.php/terms-of-use

The Children’s Online Privacy Act (COPPA) is a United States federal law that regulates the online collection, use and disclosure of personal information from children under the age of 13. It requires that parents or guardians provide consent before personal information is collected online or is publicly disclosed online, from or by children under 13 years old. More information on COPPA can be found at www.ftc.gov as well as through various other sources.
I certify that I have read, understand and consent to my child’s participant in the Virtual Senior Academy’s Intergenerational Learning Workshops.

Questions or Concerns About our Terms of Use

For questions or concerns about these Terms of Use, please send an email to helpvsa@jccpgh.org