Effective as of: April 15, 2008
Welcome to the Stupski Foundation’s Website!
The Stupski Foundation, Inc. (“Stupski Foundation”) provides this website located at www.stupski.org (this “Site”)
through which users can browse and review material relating to the Stupski Foundation and its mission. Please read the
Foundation and governs your access to and use of the Site, including any content, information or services therein.
YOU UNDERSTAND THAT BY USING THE SITE OR CONTENT (DEFINED BELOW) OR SUBMITTING ANY COMMENTS OR FEEDBACK ON THE
ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SUBMIT COMMENTS OR FEEDBACK. IF YOU AGREE TO THESE TERMS OF
USE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE
EVENT, “YOU” AND “YOUR” REFER HEREIN TO THAT ENTITY.
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
“Comments and Feedback” means any comments, feedback or suggestions for improvements
or development with regard to the Site, our mission or otherwise that you submit to us
via e-mail or through any other means. The Stupski Foundation reserves the right to remove
and permanently delete any Content (defined below) or Comments and Feedback from the Site or
our databases without notice.
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.
The Stupski Foundation reserves the right in its sole discretion, at any time, to modify, discontinue or terminate
will be effective immediately upon posting on the Site (unless a longer notice period is required by applicable
law). If any modification is not acceptable to you, your only recourse is to cease using the Site.
Foundation may at any time suspend or terminate your access to the Site without reason or notice to you.
The Stupski Foundation will not be liable to you or any third party for termination of the Site or termination
of your use of the Site.
any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of
directing us to disclose the identity of anyone submitting any Comments or Feedback or other materials that are
You may cease using the Site at any time. Any suspension, termination or cancellation will not affect
indemnification and limitation of liability), which by their sense and context are intended to survive such
suspension, termination or cancellation.
Intellectual property rights and ownership
collectively, the text, data, graphics, images, video files or descriptions thereof made available through the Site.
You may access and use the Site and Content for your own personal non-commercial use. You will not remove, alter or
conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying
the Site, Content or related information and you will not reproduce, modify, adapt, prepare derivative works based
on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or Content.
The Stupski Foundation and its licensors own all right, title and interest, including all worldwide intellectual
property rights in the Site, Content and the trademarks, service marks and logos contained therein.
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.
San Francisco, CA 94105.