ARKANSAS SINGLE PARENT SCHOLARSHIP FUND
TERMS & CONDITIONS FOR USE OF THIS WEB SITE
1. ACCEPTANCE OF TERMS
This agreement ("Agreement") is between the Arkansas Single Parent Scholarship Fund and its affiliates (collectively, "ASPSF", "we" or "ours") and you ("you", "yours" or "visitor"). It governs your use of the web site owned and/or operated by us (the "Site"). By accessing and continuing to access the Site, you agree to be bound by this Agreement. This Agreement includes any guidelines or rules posted and updated on the Site from time to time. You understand that your right to use the Site is derived solely from, and is expressly limited by, this Agreement. You can review the most current version of this Agreement at any time here.
2. COPYRIGHT AND USE OF MATERIALS OR CONTENT
Copyright 1990-2007 by the Arkansas Single Parent Scholarship Fund, 614 East Emma Ave., Suite 119, Springdale, AR 72764, U.S.A. All rights reserved.
Copyright in the text, graphics or images (collectively, "Materials") contained in this web site is owned by ASPSF. These Materials may be used, downloaded, reproduced or reprinted, provided that this copyright notice appears on all copies and provided that such use, download, reproduction or reprint is for noncommercial or personal use only. The Materials contained in the web site may not be modified in any way.
Some Materials (photographs, illustrations, artworks and other graphic materials) are reserved to ASPSF and/or the copyright owners (licensors). Prior permission to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material must be obtained from the copyright owner, regardless of intended use.
Any use of "Arkansas Single Parent Scholarship Fund", "ASPSF", its logo, or text or graphic materials contained in this web site in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with or by the ASPSF or its affiliate Single Parent Scholarship Funds, is strictly prohibited.
4. DISCLAIMER OF WARRANTIES
Because of the number of possible sources of information available through this web site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions and inaccuracies in such information. ASPSF cannot and does not guarantee the accuracy, completeness, non-infringement or suitability of the information available through this web site, nor do we guarantee that this web site will be error-free and continuously available.
5. YOUR CONDUCT ON THE SITES
In the event that ASPSF permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials through the use of an online form, bulletin board or similar public space (collectively, "User Content") for display on the Site, you will be solely responsible for all such User Content. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and agree not to download, email or otherwise transmit such User Content in violation of such third party's rights, including intellectual property rights. By submitting User Content to ASPSF, you automatically grant royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content.
You are expressly prohibited from placing on the Site in any User Content or any infringing, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that ASPSF is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site. ASPSF reserves the right to terminate this Agreement in appropriate circumstances if you engage in any Prohibited Conduct, including infringement of the intellectual property rights of any third party.
You may not collect, solicit or store personal data of other users of the Site under any circumstances.
You may not, directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect ASPSF, its donors, members, its clients or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
6. YOUR WARRANTIES
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that your and your employees' and agents' use of the Site and any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
7. YOUR RESPONSIBILITIES
You agree and acknowledge that you are solely responsible for inputting and retrieving data using the Site, and for the accuracy and adequacy of information and data furnished using the Site.
8. YOUR SUBMISSIONS
If you contact ASPSF with feedback regarding the Site (e.g., questions, comments, suggestions or the like) (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and ASPSF shall have no obligation of any kind with respect to the User Feedback.
In addition, you agree and acknowledge that ASPSF shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, ASPSF shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. ASPSF shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
The Site may provide links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by (or of) ASPSF with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and ASPSF is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon.
In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
10. JURISDICTIONAL ISSUES
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable.
You agree to defend, indemnify and hold ASPSF, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, judgment, award, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. ASPSF shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
12. INTELLECTUAL PROPERTY POLICY
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), if you believe that this Site or the Content infringes upon any intellectual property rights, you may give notice to ASPSF's designated agent. The designated agent for notice of alleged copyright infringement in connection with the Site is:
614 East Emma Ave., Suite 119
Springdale, AR 72764, USA
To file a notice of infringement with ASPSF, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov/.
You understand and agree that ASPSF may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that ASPSF shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and ASPSF with respect to the Site and governs your use of the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and ASPSF and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement will be governed by the laws of the State of Arkansas, and the state and federal courts located in the State of Arkansas. The failure of ASPSF to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. ASPSF may provide notice to you by email or regular mail of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
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