Last Updated: April 8, 2024
Introduction
These Terms and Conditions of Use (“Terms”) apply to the websites of Beyond100K, a fiscally sponsored project of the Tides Center, a California nonprofit public benefit corporation (“we,” “us,” “our”), located at https://beyond100k.org, https://uncommission.org, https://grandchallenges.100kin10.org, https://pathto100k.org, and https://www.starfishinstitute.org (the “Websites”).
Please read these Terms before using the Websites. By accessing the Websites, you are consenting to these Terms as well as our Privacy Policy. In other words, if you don’t agree with these Terms, you should not use the Websites.
Intellectual Property Rights
The content on the Websites including, without limitation, the text, graphics, photos, sound, audio recordings, music, videos, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Content is provided to you AS IS for your information and personal and noncommercial use only. You may download or print a copy of the Content from the Websites, provided that you retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing Content for your personal and noncommercial use. If you would like permission to use the Content in ways not permitted by these Terms, please send your written request to us at in**@be********.org. Whether or not to grant a permission is solely in our discretion.
We reserve all rights not expressly granted in and to the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein.
Your Restrictions on Use
You agree to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage it and its Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein. You agree not to collect or harvest any personally identifiable information from the Websites. You agree not to solicit any users of the Website for any purpose, including commercial purposes.
Links to Third Party Websites
The Websites may include links to third-party websites. These third-party websites are not under our control and are governed by their own terms of use and privacy policies. When we provide such links, we do so for informational purposes and for your convenience, and you access these sites at your own risk. In addition, third-party links do not suggest affiliation with, endorsement, or sponsorship of the linked site by us.
Linking to the Websites
You have our permission to link to particular pages or sections of the Websites by using the actual webpage address or a word or phrase. You may not use any Marks for this purpose. Also, please be aware that the content of the Websites may change, and we cannot guarantee that your links will continue to work over time.
Copyright/Intellectual Property Infringement
The Websites do not currently allow users to post or submit content. If this changes, and you believe your copyright or other intellectual property rights have been violated on the Websites by third-party postings, please let us know by sending written notice to:
- By mail: Beyond100K, Executive Director, Attn: Teach for America, 25 Broadway, 11th Floor, New York, NY 10004
- By email: in**@be********.org
If applicable, under appropriate circumstances, we may suspend, disable or terminate the accounts of users who may be infringing upon the copyrights or other intellectual property rights of others. This includes taking such action if we have information indicating that a user is a repeat infringer, including if we receive multiple infringement notifications about a user.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TIDES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO IN THESE WEBSITES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL TIDES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION IS 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS SUCH AS STORIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless Tides, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit via the Websites violates any third party right or any law. This defense and indemnification obligation will survive these Terms and your use of the Websites.
Ability to Accept Terms and Conditions of Use
You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent and are fully able and competent to agree to and abide by these Terms. You also affirm that you are at least 16 years of age as these Websites are not intended for anyone under the age of 16.
Assignment
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
General
These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Websites shall be decided exclusively by a court of competent jurisdiction located in the State of California. These Terms, together with the Privacy Policy and any other legal notices published by us on the Websites, shall constitute the entire agreement between you and us concerning the Websites. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND TIDES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
