1. Copyright.
Ownership
All content included on the Stephanie Starks HOPE Foundation
site, such as text, graphics, logos, button icons, and
images, arethe property of the Stephanie Starks HOPE
Foundation or its content suppliers and is protected
by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement and assembly) of
all content on the Stephanie Starks HOPE Foundation
site is the exclusive property of the Stephanie Starks
HOPE Foundation and protected by U.S. and international
copyright laws.
Permitted Use
The content and software on the Stephanie Starks HOPE
Foundation site may be used as an information and registration
source. In addition, the Stephanie Starks HOPE Foundation
hereby authorizes you to view, copy, download, and print
for personal use only any Stephanie Starks HOPE Foundation-owned
content on the Stephanie Starks HOPE Foundation site.
Such personal use is subject to the following conditions:
(i) content may be used only for non-commercial, informational
purposes and may not be posted or distributed, (ii)
the content may not be modified, and (iii) copyright,
trademark and other proprietary notices may not be removed.
This permission does not extend to materials licensed
and or trademarked to the Stephanie Starks HOPE Foundation.
Any other use of the content on the Stephanie Starks
HOPE Foundation site is strictly prohibited. You may
not copy, reproduce or distribute the design or layout
of the Stephanie Starks HOPE Foundation site, the Stephanie
Starks HOPE Foundation logos or other design elements
or software.
Copyright Complaints
The Stephanie Starks HOPE Foundation respects the intellectual
property of others, and we ask our content partners
and donors to do the same. If you believe that your
copyrighted work has been copied and is accessible on
the Stephanie Starks HOPE Foundation site in a way that
constitutes copyright infringement, you may notify the
Stephanie Starks HOPE Foundation by providing the Stephanie
Starks HOPE Foundation's copyright agent the following
information:
a) an electronic or physical signature
of the owner of the copyright or the person authorized
to act on the owner's behalf.
b) A description of the copyrighted
work that you claim has been infringed and a description
of the infringing activity.
c) Identification of the location
where the original or an authorized copy of the work
exists, for example the URL (i.e., Web page address)
where it is posted or the name of the magazine in which
it has been published.
d) Identification of the URL or other
specific location of the Stephanie Starks HOPE Foundation
site where the material that you claim is infringing
is located, including enough information to allow us
to locate the material.
e) Your name, address, telephone number
and e-mail address.
f) A statement by you that you have
a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent or the law.
g) A statement by you, made under
the penalty of perjury, that the above information in
your notice is correct and that you are the copyright
owner or authorized to act on the copyright owner's
behalf.
The Stephanie Starks HOPE Foundation's agent for notice
of claims of copyright infringement on the Stephanie
Starks HOPE Foundation site can be reached as follows:
Joseph G. Davis 1801-F Parkcourt Place, Suite 101, Santa
Ana, CA 92701 jd@sshopefoundation.org
2. Permitted use of the Stephanie Starks HOPE
Foundation trademarks.
Stephanie Starks HOPE Foundation trademarks
identify the Stephanie Starks HOPE Foundation products
and services, and let the public know the source of
those products and services. You may make fair use of
our trademarks in advertising and promotional materials,
and in referring to our products and services (for example,
in a magazine article) without our permission, provided
you follow standard trademark usage practices and provide
proper attribution. Other uses require written permission
from the Stephanie Starks HOPE Foundation. Please make
such requests by e-mail to admin@sshopefoundation.org;
we will evaluate your request as soon as possible. The
Stephanie Starks HOPE Foundation tradenames are the
Stephanie Starks HOPE Foundation and SSHOPEFOUNDATION.ORG.
The Stephanie Starks HOPE Foundation's trademarks include
the Stephanie Starks HOPE Foundation and SSHOPEFOUNDATION.ORG.
This list is not exhaustive; the Stephanie Starks HOPE
Foundation may own other trademarks that are not included
here.
3. Links; Third Party Services; Promotional
messages
As a convenience to our donors, affiliates, and friends,
we may provide links to third-party Web sites. The linked
sites are not under our control, and we make no representations
as to the quality, suitability, functionality or legality
of any sites to which we may provide links. You hereby
waive any claim you might have against the Stephanie
Starks HOPE Foundation with respect to such linked sites.
4. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE STEPHANIE STARKS
HOPE FOUNDATION SITE IS AT YOUR SOLE RISK. THE STEPHANIE
STARKS HOPE FOUNDATION SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. THE STEPHANIE
STARKS HOPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING
THAT THE STEPHANIE STARKS HOPE FOUNDATION IS NOT ENGAGED
IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL
SERVICES OR ADVICE. THE STEPHANIE STARKS HOPE FOUNDATION
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE
OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
The Stephanie Starks HOPE Foundation makes no warranty
that the Stephanie Starks HOPE Foundation site' services
will be uninterrupted, secure or error free. The Stephanie
Starks HOPE Foundation does not guarantee the accuracy
or completeness of any information in, or provided in
connection with, the Stephanie Starks HOPE Foundation
site. The Stephanie Starks HOPE Foundation is not responsible
for any errors or omissions, or for the results obtained
from the use of such information. You understand and
agree that any material and/or data downloaded or otherwise
obtained through the use of the Stephanie Starks HOPE
Foundation site is at your own discretion and risk and
that you will be solely responsible for any damage to
your own computer system or loss of data that results
from the download of such material and/or data.
7. Limitation of Liability
THE STEPHANIE STARKS HOPE FOUNDATION SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY
TO USE THE STEPHANIE STARKS HOPE FOUNDATION SITE OR
(B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE STEPHANIE STARKS HOPE FOUNDATION
SITE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF STEPHANIE STARKS HOPE
FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8. Indemnification
You agree to indemnify and hold each of the Stephanie
Starks HOPE Foundation and its officers, employees and
agents harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Stephanie Starks
HOPE Foundation Web site, the violation of these Terms
and Conditions by you, or the infringement by you, or
any other subscriber of your account, of any intellectual
property or other right of any person or entity.
9. Termination
The Stephanie Starks HOPE Foundation reserves the right,
at its sole discretion, immediately and without notice
to suspend or terminate (i) these Terms of Service;
(ii) your registration with or ability to access the
Stephanie Starks HOPE Foundation site and/or any other
service provided to you by the Stephanie Starks HOPE
Foundation.
10. Applicable Law; Consent to Jurisdiction
The Stephanie Starks HOPE Foundation site (excluding
linked sites) are controlled by The Stephanie Starks
HOPE Foundation from its offices within the State of
California, United States of America. The Stephanie
Starks HOPE Foundation site can be accessed from all
50 states, as well as from other countries around the
world. As each of these places has laws that may differ
from those of California, by accessing the Stephanie
Starks HOPE Foundation site both you and the Stephanie
Starks HOPE Foundation agree that the statutes and laws
of the State of California, without regard to the conflict
of laws, principles or choice of law thereof, will apply
to all matters relating to use of the Stephanie Starks
HOPE Foundation site.
You agree that exclusive jurisdiction for any dispute
with the Stephanie Starks HOPE Foundation, or in any
way relating to your use of the Stephanie Starks HOPE
Foundation site, resides in the courts of the State
of California and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts
of the State of California in connection with any dispute
including any claim involving the Stephanie Starks HOPE
Foundation or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication
providers and content providers. If any provision of
these terms shall be declared unlawful by a court of
competent jurisdiction, 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.
11. Miscellaneous
The failure of either party to insist upon or enforce
strict performance by the other party of any provision
of the Terms of Service or to exercise any right under
the Terms of Service will not be construed as a waiver
or relinquishment to any extent of such party's right
to assert or rely upon any such provision or right in
that or any other instance, rather, the same will be
and remain in full force and effect.
The Stephanie Starks HOPE Foundation may assign its
rights and obligations under these Terms of Service
and upon such assignment the Stephanie Starks HOPE Foundation
may be relieved of any further obligation hereunder.
