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Website Terms of Use - Rachel Barton Pine Foundation

Website Terms of Use

Website Terms of Use

The following terms of use (the “Terms of Use”) govern your use of this website. This website is made available to you by the Rachel Barton Pine Foundation (referred to herein as “RBPF” or “we” or “our” or “us”).

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. This website is not intended for use by anyone under the age of 13.

By using this website in any manner (whether in an automated fashion (including, without limitation, through a software tool, spider, bot, or agent) or otherwise), your actions constitute an act of acceptance of, and agreement to be bound by, these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use this website.

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on this website. Your continued use of a website after such a change has been made available through the website constitutes an act of acceptance of such a change.

Please note that the website, or certain features that may be available through the website, are hosted and operated by third parties. Your use of such features is subject to terms and policies made available by that provider at the time you use that feature. Please review those terms carefully. RBPF is not responsible for the acts or omissions of any third party.

Rules of Conduct

You agree that you will not post or otherwise make available any content or materials on or through this website that: (i) infringes any third party intellectual property right; (ii) is false, misleading or defamatory; (iii) constitutes another person’s or entity’s confidential or private information or trade secret; (iv) is fraudulent, unlawful, threatening, harassing, abusive, hateful, intimidating, degrading, profane, obscene, indecent, or discriminatory; (v) encourages or constitutes criminal conduct; (vi) advertises or solicits business for products or services; or (vii) contains any virus, malware, spyware or other harmful or invasive content or code.

You also agree to comply with all applicable laws when you use this website.

Ownership of website Content and Submissions

We or our students, recipients, donors, licensors, developers or partners own the intellectual property rights in the content and materials, including, without limitation, all photographic and video content, displayed on, or available through, this website. You may use this website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content or material from this website unless explicitly authorized in these Terms of Use or by an express permission included in the applicable portion of the website on which such content or material is found. You may, however, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any content or materials to this website, such content and material will be deemed to be non-confidential, and you grant us a royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such content and materials, including alterations thereof, for any purpose, in any form, in any media, and via any technology, whether it exists now or is created in the future. You hereby grant us the right to use your name and other information about you that you have provided in connection with such content and material. You represent that any materials and content posted or otherwise submitted by you to this website are original to you and that you have the right to grant us these rights.

Trademark

The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on this website or on content or materials available on or through this website are the registered and unregistered Trademarks of RBPF, its affiliates, or third parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in a manner that is likely to cause customer confusion. All Trademarks not owned by us that appear on this website or on or through any of this website’s services, if any, are the property of their respective owners. Nothing about this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without our written permission or the third party that may own the applicable Trademark. If you have questions about the legal use of the Trademarks owned by RBPF, please contact us at info@rbpfoundation.org.

Responsibility for Public Postings and Content

We do not control the content or material that you or others may post or otherwise make available on or through this website, and you understand that we have no obligation to monitor any such content or material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

From time to time, our officers, board members, staff, employees, consultants, agents or representatives (collectively, “Representatives”) may take certain actions with respect to content or materials available on or through this website, or otherwise may implement enforcement measures with respect to potential violations of these Terms of Use. You expressly agree that neither we nor any of our Representatives shall be liable to you or anyone else for any action or inaction to regulate content or materials, or to implement enforcement measures with respect to potential violations of these Terms of Use. Except to the extent provided in writing by the General Counsel of RBPF, you agree not to rely on the commitments, promises or representations of any Representatives with respect to any content or materials appearing on or through this website, and you agree that any such commitment, promise or representation will not be understood to be a contractual or otherwise binding obligation of RBPF.

Site Registration and Log In

To access certain features or areas that may be available via this website, including areas reserved for RBPF’s donors, applicants, recipients, or other users of RBPF’s services, you may be required to provide personal and/or demographic information as part of registration or log-in process. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information; provided, however, if you are an applicant under the age of 13, such application information may only be provided by your parent or legal guardian. You may provide application information via this website on behalf of a minor, so long as you are such minor’s parent or legal guardian, and you agree that the application information you provide is true, accurate, current and complete.

You may need to establish different accounts to access different areas of the RBPF website. You are responsible for all activity occurring when a website is accessed through any of your accounts, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password and log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

You consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Changes to This Website

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this website, any portion of this website, or any third party websites we use to provide RBPF services and activities. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, this website, or to any features or portions of the website, and to remove and discard any content or materials you have submitted, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the website usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of this website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

This website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such websites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such websites.

You are permitted to link to this website if: (i) this website opens in a new browser window which displays the full version of a page of this website (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on this website), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this website; (iii) this website is not display framed within or obfuscated by other content; and (iv) the link is for a non-commercial purpose. Except as expressly set forth herein, you may not use on your website any Trademarks or copyrighted materials appearing on this website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this website upon notice. If you receive such a notice from us, you agree to discontinue your link to the website.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective Representatives, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of this website, your submissions to this website, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this website.

Disclaimer of Warranties

THIS WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT).

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS.”

You agree that use of this Website is at your own risk. We reserve the right to change or make corrections to any of the information at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website. No advice, results or information, obtained by you from us or through the Website shall create any warranty not expressly made herein.

Limitations of Liability

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS OR ANY OTHER WEBSITE (AS DEFINED HEREIN) (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED ON OR THROUGH SUCH WEBSITES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF A WEBSITE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR REPRESENTATIVES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Other

These Terms of Use, together with our Privacy Policy and any additional terms and conditions that may apply to specific areas of this website, constitute the entire agreement between us and you with respect to this website. This agreement is personal to you and you may not assign it to anyone.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

You agree that any claim or cause of action that you may have arising out of or related to use of a website, or these Terms of Use, must be filed by you within one year after such claim or cause of action accrued or the claim will be permanently barred.