Effective as of: June 11, 2015
Welcome to the Stupski Foundation’s Website!
Eligibility for use
To use this Site, you must be at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. You agree that the information that you provide to us through the Site, and at all other times will be true, accurate current and complete.
Comments and feedback
You acknowledge and agree that all Comments and Feedback are the sole and exclusive property of the Stupski Foundation. You hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to the Stupski Foundation together with all intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by the Stupski Foundation to give to the Stupski Foundation the full benefit of the rights granted to the Stupski Foundation by you. You represent and warrant that you own or have the necessary rights, consents and permissions to grant the foregoing rights to the Stupski Foundation.
Intellectual property rights and ownership
You agree you will not do any of the following while using or accessing the Site:
- Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.
- Upload, email, or otherwise submit (i) any Comments and Feedback for which you do not have the lawful right to copy, transmit and display (including any Comments and Feedback that would violate any confidentiality or fiduciary obligations that you might have with respect to the Comments and Feedback); or (ii) any Comments and Feedback that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Use any meta tags or other hidden text or metadata utilizing a Stupski Foundation name, trademark, URL or product or Concept name;
- Upload, email or otherwise submit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- Upload, email, or otherwise submit, via the Site, any Comments and Feedback that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech or is otherwise objectionable in the opinion of the Stupski Foundation;
- Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, or the technical delivery systems of the Stupski Foundation’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to probe, scan or test the vulnerability of any Stupski Foundation system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by the Stupski Foundation or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks.
- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud;
- Violate any applicable law, regulation, or ordinance; or
Disclaimer of warranties
Limitation of liability
IN NO EVENT SHALL THE STUPSKI FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND YOUR SUBMISSION OF COMMENTS AND FEEDBACK WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE STUPSKI FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE STUPSKI FOUNDATION’S CUMULATIVE LIABILITY TO YOU EXCEED $50.