PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITE.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITE.
I. Site Content, Ownership, Limited License, and Rights of Others
All materials and content on our website are protected by copyrights, trademarks, or other intellectual property rights. These materials are owned by Sofi Tucker, or are used with permission of their owners or as otherwise authorized by law. Such materials include, but are not limited to, trademarks, content, photographs, images, illustrations, text, videos, and other materials. All rights are reserved, worldwide.
Subject to your strict compliance with these Terms, Sofi Tucker grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use our website for your personal, non-commercial purposes only.
When using our website, you must respect the intellectual property and other rights of Sofi Tucker and others. Your unauthorized use of content from our website may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Sofi Tucker respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it on our website, please review Reporting Potential Copyright Infringement to us, below.
II. Website Use and Restrictions
Any unauthorized use of our website for any purpose is prohibited. We may suspend or terminate the availability of our website (and any elements or features), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.
You agree that you will not:
(1) aside from making donations or requesting a grant, use our website for any political or commercial purpose;
(2) engage in any activities through or in connection with our website that attempt to or do harm any individuals or entities or are unlawful, offensive, abusive, or that violate any right of any third party, or are otherwise objectionable to Sofi Tucker;
(3) reverse engineer, decompile, disassemble, reverse assemble, or modify any website source or object code or any software or other products, services, or processes accessible through any portion of our website;
(4) engage in any activity that interferes with another’s access to our website or the proper operation of our website, or otherwise causes harm to our website, Sofi Tucker, or other users;
(5) interfere with or circumvent any security or access feature of our website; or
(6) otherwise violate these Terms.
You also agree that, in using our website:
(1) you will not copy or distribute any content from our website manually or by using any robot, scraper, crawler, or any other automatic device or process;
(2) you will not frame or utilize framing techniques to enclose any content from our sites (including any images, text, or page layout);
(3) you will keep intact all trademark, copyright, and other intellectual property notices contained in content from our website;
(4) you will not use content from our website in a manner that suggests an unauthorized association with Sofi Tucker;
(5) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit content from our website in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Sofi Tucker or, in the case of content from a licensor, the owner of the content; and
(6) you will not insert any code or product to manipulate content on our website.
III. Reporting Potential Copyright Infringement to Us
If you believe that any material on our website infringes your copyright, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail at firstname.lastname@example.org or by writing to ATTN: Executive Director, Sofi Tucker Foundation, 11 Ranick Drive South, Amityville, NY 11701. Please include the following, as required by the DMCA:
• Identify the copyrighted work(s) you claim is infringed.
• Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
• Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
• Include the Claimant’s name, address, and telephone number(s).
• Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
IV. Links by You to Our Website
You may create hyperlinks to our website, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with Sofi Tucker or cause any other confusion, and (c) the links and the content on your website do not portray Sofi Tucker in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, abusive, or that violates any right of any third party or is otherwise objectionable to Sofi Tucker. Sofi Tucker reserves the right to suspend or prohibit linking to our sites for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
V. Links to Other Websites and Online Services
VI. Governing Law
You agree that all matters relating to your use of our website or these Terms will be governed by the laws of the United States and the State of New York without regard to its conflicts of laws provisions. You agree to personal jurisdiction by and venue in state and federal courts in Suffolk County, New York.
VII. Dispute Resolution
In the event that any dispute between Sofi Tucker and you arises out of your use of our website or these Terms, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to email@example.com. If we are unable to resolve any such dispute within thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law, provided that any lawsuit shall be filed in a New York court, as agreed-to above. Either you or we may seek an injunction or emergency court relief if the dispute threatens to cause irreparable harm to you, Sofi Tucker, or another person or entity.
VIII. Limited Time to File Claims
IX. No Class Action Matters
You agree that any disputes you have will be resolved only on an individual basis and will not be consolidated with any other claim or proceedings that involve any claim or controversy of any other party, in a class action or other joint format. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then you agree that your claim or dispute will be brought exclusively in a state or federal court located in Suffolk County, New York.
X. DISCLAIMERS AND LIMITATIONS OF LIABILITY
OUR WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOFI TUCKER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF OUR WEBSITE, OR THE INFORMATION, DOCUMENTS, OR SOFTWARE THEREIN, EVEN IF SOFI TUCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. SOFI TUCKER DOES NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES SOFI TUCKER WARRANT THAT OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Your use of our website, and any reliance on any material published or transmitted by them, is at your own risk. You agree that you hereby release Sofi Tucker, its affiliates, advertisers, suppliers, distributors and others from any and all liability or obligations arising from the access or use of our website. Your sole remedy for any problem or concern is to exit our website. Sofi Tucker reserves the right to restrict or limit access to our website.
XI. Website Operated in the United States
Sofi Tucker controls and operates our website from its offices in the United States, and Sofi Tucker makes no representation that our website is appropriate or available for use beyond the United States. If you use our website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
XII. Miscellaneous Terms
Sofi Tucker may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Sofi Tucker.
When you communicate with us electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You hereby agree to defend, indemnify, and hold Sofi Tucker, its employees, directors, agents, vendors, licensors, licensees, contractors, donors, grantees, successors, and assigns (each a “Sofi Tucker Party,” or collectively, “Sofi Tucker Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Sofi Tucker Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (a) your use of our website and your activities in connection with our website; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of our website and your activities in connection with our website; (d) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; or (e) any misrepresentation made by you (all of the foregoing, “Claims and Losses”).
You will cooperate as fully required by Sofi Tucker Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Sofi Tucker Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Sofi Tucker Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of a Sofi Tucker Party.
d. No Waiver
Except as expressly set forth in these Terms, (a) no failure or delay by you or Sofi Tucker in exercising any of rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy, and (b) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
e. Severability and Interpretation
If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.”
XIII. Amendments or Changes to These Terms
XIV. Contact Us
If you have any questions regarding our Terms, practices, or your use of our website, please contact us at firstname.lastname@example.org or at:
Attn: Executive Director
Sofi Tucker Foundation
11 Ranick Drive South
Amityville, NY 11701