STUDENTS REBUILD Last Updated: September 25, 2018
Students Rebuild reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended Terms, you must stop using the Site and the Services.
- Eligibility; Parent Responsibility
Only those 13 or older are eligible to register a team and be a team leader. By registering a team, you represent and warrant that you are 13 years of age or older and, if you are under 18, that you have parental permission to register and be a team leader.
If you are a parent or legal guardian of a user under the age of 18, you agree to allow your child to participate in Challenges and make submissions subject to our Submission Terms (which you agree to on behalf of your child), and you agree to be fully responsible for the acts or omissions of your child in connection with our Challenges and other Services.
- Copyright and Limited License Unless otherwise indicated on the Site, the Site and all content and other materials therein, including, without limitation, the Students Rebuild logo, and all designs, text, graphics, pictures, information, data, software, sound files, and other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Students Rebuild or its Collaborating Organizations, licensors, or users and are protected by U.S. and international copyright laws.
- Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Students Rebuild had adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. Students Rebuild may at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent, as set forth below.
Name of Designated Agent:
Copyright Agent Address:
1700 7th Ave, Suite 116/#149 Seattle, WA 98101
Phone: (206) 275-2048
Fax: (206) 275-0935
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
- Trademarks STUDENTS REBUILD, the Students Rebuild logo and any other product or service names or slogans contained in the Site are trademarks of Students Rebuild or its collaborating organizations, suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Students Rebuild or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Students Rebuild" or any other name, trademark, or product or service name of Students Rebuild without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Students Rebuild and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
- Hyperlinks You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Students Rebuild or any of its services or collaborating organizations in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited license may be revoked at any time. You may not use our logo or other proprietary graphic to link to this Site without the express written permission of Students Rebuild. Further, you may not use, frame, or utilize framing techniques to enclose any Students Rebuild trademark, logo, or other proprietary information, including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page on the Site without our express written consent.
- Third Party Content, Advertising and Business Dealings Company may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
- Feedback You acknowledge and agree that any questions, comments, responses, suggestions, ideas, or other feedback you or your child provide regarding Students Rebuild, our Site, our Challenges, or other Services (the “Feedback”) are non-confidential and shall become the sole property of Students Rebuild. Students Rebuild shall own, and you hereby assign, exclusive rights, including all intellectual property rights, in and to such Feedback, and Students Rebuild shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
- User Content In connection with participating in a Challenge or otherwise using our Services, you or your child may create, post, submit, store, and share content and materials, including artwork, text, photos, videos, music, messages, poetry, and other items (collectively the “User Content”). Except for the license you grant below, and excluding any Feedback, you and your child retain all rights in and to your User Content, as between you and Student’s Rebuild. You agree that you are solely responsible for any User Content posted by you or your child.
- Prohibited Content and Conduct You agree that you and your child may not create, post, store, submit, or share any User Content that:
- Registration; Account Security In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself and your team, including correctly identifying the school you are affiliated with; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration information; and (d) accept all risks of unauthorized access to any information you provide to us.
- Site Security You agree not to violate or attempt to violate the security of the Site, including, without limitation:
- Indemnification To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Students Rebuild and our Collaborating Organizations and our respective officers, directors, employees, contractors, affiliates, and agents, from and against any claims, demands, damages, costs, losses, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to, use or, or participation in the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.,
- Disclaimer EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STUDENTS REBUILD, THE SITE, THE SITE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STUDENTS REBUILD AND THE COLLABORATING ORGANIZATIONS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT NEITHER STUDENTS REBUILD NOR ANY OF THE COLLABORATING ORGANIZATIONS REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDENTS REBUILD, ITS COLLABORATING ORGANIZATIONS, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTOR, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOU OR YOUR CHILD’S PARTICIPATION IN ANY CHALLENGES, THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STUDENTS REBUILD, THE COLLABORATING ORGANIZATIONS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTOR, OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR YOU OR YOUR CHILD’S PARTICIPATION IN ANY CHALLENGES, EXCEED $50.
THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Applicable Law and Venue These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed in the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
- Termination Notwithstanding any of these Terms, Students Rebuild reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.
- Severability If any provision of these Terms shall be deemed unlawful, 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.
- Questions and Contact Information Questions or comments about the Site may be directed to email@example.com.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and print hard copy portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include:
(a) any resale or commercial use of the Site or the Site Materials;
(b) the collection and use of any pictures, or descriptions;
(c) the distribution, public performance, or public display of any Site Materials;
(d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;
(e) use of any data mining, robots, or similar data gathering or extraction methods;
(f) downloading (other than page caching) of any portion of the Site, Site Materials, or any information contained therein, except as expressly permitted on the Site; or
(g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Students Rebuild, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Students Rebuild may also provide links to third party content and websites, including PayPal and various social media sites, including Facebook, Twitter, and YouTube. We provide these links as a convenience, and we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of any third party site accessible by hyperlink from the Site or websites linking to the Site. Such sites are not under the control of Students Rebuild and the inclusion of a link does not imply affiliation, endorsement, or adoption by Students Rebuild of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
In addition, Students Rebuild may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, including Collaborating Organizations, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site.
You grant Students Rebuild and its Collaborating Organizations, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to reproduce, distribute, publish, modify, adapt, translate, create derivative works from, publicly perform, publicly display and otherwise use and exploit you or your child’s User Content in any manner or media now known or later developed without compensation, you understand that the User Content and any associated information may be visible to others. You agree that you and your child may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the User Content, and our use thereof as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
You represent and warrant that with respect to any User Content posted by you or your child:
(a) such User Content is non-confidential;
(b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content to the Site and to grant the rights to Students Rebuild that you grant in these Terms;
(c) you have the written permission of all people whose name, voice or likeness appears in any User Content (and parent permission if such person is a minor) to post the User Content and to grant the rights granted above with respect thereto;
(d) the User Content is accurate and not misleading or harmful in any manner; and
(e) the User Content and your use and posting thereof does not violate these Terms or any applicable law, rule, or regulation.
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• User Content that may impinge upon the publicity, privacy, or data protection rights of others, including posting pictures or private or personal information about another individual where you have not obtained such individual's consent;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising, or solicitations;
• Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
• User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using our enjoying the Interactive Aras or the Site, or which may expose Students Rebuild or its users to any harm or liability of any type.
You agree that you and your child will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your participation in any Challenge or other use of the Services. You are solely responsible for your and your child’s conduct in connection with any Challenge or other use of the Services and agree that you and your child will not do any of the following:
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;• Use or attempt to use another user’s account without authorization from that user;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of the Terms, however, is solely in our discretion, and failure to enforce the Terms in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such Terms.
As a provider of interactive services, Students Rebuild is not liable for any statements, representations, or User Content provided by its users. Although Students Rebuild has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of, and replacing any, User Content you post or store on the Site at your sole cost and expense.
(a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";(d) sending unsolicited messages, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any email, message, newsgroup or social network posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Students Rebuild reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.