Last Updated: 04/22/2010
Students Rebuild reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended Terms, you must stop using the Site and the Services.
2. Copyright and Limited License
Unless otherwise indicated on the Site, the Site and all content and other materials therein, including, without limitation, the Students Rebuild trademark, logo, and all designs, text, graphics, pictures, information, data, software, sound files, and other files and the selection and layout or arrangement thereof (collectively, "Site Materials") are the proprietary property of Students Rebuild or its collaborating organizations, licensors, or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and print hard copy portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, Site Materials, or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Students Rebuild, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Students Rebuild had adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of the intellectual property rights of Students Rebuild or others. Students Rebuild may at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of Students Rebuild or others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent, as set forth below.
|Name of Designated Agent:||Amanda Scarberry|
|Address:||7683 Southeast 27th Street, Suite 224, Mercer island, WA 98040|
STUDENTS REBUILD, the Students Rebuild's logo and any other product or service names or slogans contained in the Site are trademarks of Students Rebuild or its collaborating organizations, suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Students Rebuild or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Students Rebuild" or any other name, trademark, or product or service name of Students Rebuild without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Students Rebuild and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Students Rebuild or any of its services or collaborating organizations in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited license may be revoked at any time. You may not use our logo or other proprietary graphic to link to this Site without the express written permission of Students Rebuild. Further, you may not use, frame, or utilize framing techniques to enclose any Students Rebuild Site Materials including trademark, logo, or other proprietary information, as well as the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page on the Site without our express written consent.
Students Rebuild may also provide links to Third Party Content and websites, including PayPal and various social media sites, including Facebook, Twitter, and YouTube. We provide these links as a convenience, and we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of any third party site accessible by hyperlink from the Site or websites linking to the Site. Such third party sites are not under the control of Students Rebuild and the inclusion of a link does not imply affiliation, endorsement, or adoption by Students Rebuild or any Collaborating Organization of any site or any Third Party Content or other information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
6. Donation Payments
7. Third Party Content, Advertising and Business Dealings
Company may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Company does not monitor or have any control over any Third Party Content or third party Websites. Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
In addition, Students Rebuild may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, including Collaborating Organizations, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site.
8. Challenges and Donations
Students Rebuild organizes and supports challenge projects for causes as may from time to time be specified on the Site (each a "Challenge"). For each Challenge, there may be one or more collaborating organizations (sometimes referred to as "challenge partners") with whom we are working on the Challenge (the "Collaborating Organizations"), including the Bezos Family Foundation (the "Foundation"), which may match certain donations as described in the terms of the specific Challenge. It is solely up to the discretion of the Foundation to determine whether the terms of the match have been met. You understand that the money you or any fundraising team in which you participate donate in connection with Students Rebuild Challenges is not donated to Students Rebuild, but rather is collected by one of our Collaborating Organizations as specified in the Challenge, and that neither Students Rebuild nor the Bezos Family Foundation is responsible or liable for the collection, handling or expenditure of any donation funds or for any other actions or activities of the Collaborating Organizations.
You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Students Rebuild, our Site, or our products or services that you provide to us are non-confidential and shall become the sole property of Students Rebuild. Students Rebuild shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
10. User Content and Interactive Services or Areas
The Site may include discussion forums, blogs, profiles, or other interactive areas or services ("Interactive Areas") in which you or other users create, post, or store content, such as text, music, sound, photos, videos, graphics, code, or other items or materials on the Site ("User Content"). You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish or send through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that may impinge upon the publicity, privacy, or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Students Rebuild or its users to any harm or liability of any type.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Except as otherwise provided herein, on the Site, or in a separate agreement, Students Rebuild claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant Students Rebuild and our Collaborating Organizations and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media on or in connection with the Site, the Challenges, Students Rebuild or the Collaborating Organizations.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content to the Site and to grant the rights to Students Rebuild that you grant in these Terms; (c) you have the written permission of all people whose name, voice or likeness appears in any User Content (and parent permission if such person is a minor) to post the User Content and to grant the rights granted above with respect thereto; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content and your use and posting thereof does not violate these Terms or any applicable law, rule, or regulation.
11. Eligibility; Registration; Account Security
In order to be eligible to register a team on the Site, you must be at least 13 years of age. If you are 13 to 18 years of age, we expect you to have your parent’s permission before participating on this Site. By registering a team, you represent and warrant that you are 13 years of age or older and have parental permission to participate on the Site.
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself and your team, including correctly identifying the school you are affiliated with; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration information; and (d) accept all risks of unauthorized access to any information you provide to us.
12. Site Security
You agree not to violate or attempt to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email, message, newsgroup or social network posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You agree to defend, indemnify, and hold harmless Students Rebuild and our Collaborating Organizations, affiliates, directors, employees, independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Interactive Areas, including, without limitation, any actual or threatened suit, demand, or claim made against Students Rebuild and/or its Collaborating Organizations, affiliates, independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STUDENTS REBUILD, THE SITE, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL THIRD PARTY CONTENT AND USER CONTENT), AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ("SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STUDENTS REBUILD AND THE COLLABORATING ORGANIZATIONS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. NEITHER STUDENTS REBUILD NOR ANY OF THE COLLABORATING ORGANIZATIONS REPRESENT OR WARRANT THAT THE MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY ACTIVE OR PASSIVE DOWNLOAD.
Students Rebuild reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
15. Limitation of Liability
IN NO EVENT SHALL STUDENTS REBUILD, ITS COLLABORATING ORGANIZATIONS, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE SITE MATERIALS OR OTHER CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, WAR, TERRORISM, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STUDENTS REBUILD OR THE COLLABORATING ORGANIZATIONS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO STUDENTS REBUILD TO ACCESS OR USE THE SITE.
16. Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed in the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
Notwithstanding any of these Terms, Students Rebuild reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions and Contact Information
Questions or comments about the Site may be directed to Amanda Scarberry by emailing email@example.com.