Stupski Foundation
Website Terms of Use

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 following important terms and conditions (“Terms of Use”) carefully. This is a legal agreement between you and the Stupski 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 SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR 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 TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS OF USE WILL BE TREATED AS THE AGREEMENT OF SUCH ENTITY. IN THAT 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
We welcome and encourage your comments and feedback. As used in these Terms of Use, “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.

Modification; termination
The Stupski Foundation reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or to modify or terminate these Terms of Use without advance notice. All modified terms and conditions 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. By continuing to use the Site following any posting of a new Terms of Use or policies on the Site, you accept and agree to be bound by the new Terms of Use or policies. Further, without limiting other remedies, the Stupski 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.

If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting any Comments or Feedback or other materials that are believed to violate these Terms of Use.

You may cease using the Site at any time. Any suspension, termination or cancellation will not affect your obligations to the Stupski Foundation under these Terms of Use (including, without limitation, ownership, 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
Certain types of content are made available through the Site. “Content” as used in these Terms of Use means, 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.

Restrictions
You agree you will not do any of the following while using or accessing the Site:

  1. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.

  2. 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);

  3. Use any meta tags or other hidden text or metadata utilizing a Stupski Foundation name, trademark, URL or product or Concept name;

  4. 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;

  5. 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;

  6. 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;

  7. Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;

  8. 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;

  9. 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;

  10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

  11. 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.

  12. Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud;

  13. Violate any applicable law, regulation, or ordinance; or

  14. Use the Site in any manner not permitted by these Terms of Use.

Disclaimer of warranties
Your use of the Site or Content is at your sole discretion and risk. The Site and Content and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. THE STUPSKI FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. The Stupski Foundation disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site or Content and your ability to submit Comments and Feedback will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Stupski Foundation, will create any warranty not expressly stated in these Terms of Use. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

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.

Indemnification
You agree to defend, indemnify and hold the Stupski Foundation, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content and your submission of any Comments and Feedback; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, property or privacy right; or (iv) any claim that any of the Comments and Feedback you submitted caused damage to a third party.

General
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of the Stupski Foundation and any prohibited assignment will be null and void. The Stupski Foundation may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee or joint venturer of the other. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and the Stupski Foundation’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and the Stupski Foundation. These Terms of Use together with the rules and policies of the Stupski Foundation constitutes the entire agreement between the Stupski Foundation and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by the Stupski Foundation via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to terms@stupski.com or to such other addresses as the Stupski Foundation may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Contact us
If you have questions about these Terms of Use, please contact the Stupski Foundation at terms@stupski.org or by sending a written request to Stupski Foundation, Attn: Terms of Use, 101 Second Street, Suite 1100, San Francisco, CA 94105.