Last updated: June 1, 2011
Thanks for visiting The Ryan Seacrest Foundation. Our website – RyanSeacrestFoundation.org (the “Website”) – is designed to bring you information about our foundation. These Terms of Service (the “Terms”) are a binding legal agreement between you and the Ryan Seacrest Foundation (“RSF” or “we”), regarding your use of the Website. Please read these Terms carefully.
We may periodically make changes to these Terms. By accessing the Website, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Website after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Website as of the date of the modification. If you do not agree to any provision of these Terms, you must not use the Website.
1. Permission to Use our Website
You must be 18 years of age or older to use the Website. Use of the Website is void where prohibited. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. The Website is not intended for those under the age of 18.
2. Use Restrictions
You will not: (a) use the Website for any commercial purpose; (b) access, monitor, or copy any content or information on the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) “frame,” “mirror,” or otherwise incorporate any part of the Website into any other website without our prior written authorization; or (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
3. Interactive Services
The Website may include interactive features and services, including social networking functionality, forums, message boards, and similar services, in which you or third parties may create, post, or store data, photographs, and other content on the Website (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Website any of the following:
- Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Material that violates, or that causes us or our partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
- Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Website or with any other person or entity;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Website, or which may expose us or our users to harm or liability of any nature.
- We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Website, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Website at any time and for any reason without notice.
If you post material on or through the Website, then, unless we indicate otherwise, you (a) grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Website, and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
4. Modifications to the Website
RSF reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Website without notice in our sole discretion. Neither we nor our licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Website.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Website in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
6. Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement or infringement of your intellectual property (e.g., trademark infringement), please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or other intellectual property interest; (2) a description of the copyrighted work or other interest that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Website; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the copyright or other intellectual property right, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the owner of the intellectual property, the owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Atlanta, Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing this person that the removed content may be replaced or access to the content restored in 10 business days. Unless the copyright owner or owner of the intellectual property files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Ryan Seacrest Foundation
Attention: Copyright Agent
RSF, the RSF logo, and any other product or service name or slogan contained on the Website are trademarks or registered trademarks of RSF and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website 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 thereof by us, or vice versa.
We and our licensors own all right, title, and interest, including all intellectual property rights, in and to the Website. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
9. Third-Party Content
The Website may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Website, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Website. You access and use Third-Party Content at your own risk.
You will defend, indemnify and hold harmless RSF and its licensors from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Website, your violation of these Terms, or your violation of any rights of a third party.
12. Disclaimer of Warranties
YOUR — USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR — USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY WEBSITE — USERS, IS AT YOUR SOLE RISK. THE WEBSITE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RSF AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RSF DOES NOT WARRANT UNINTERRUPTED — USE OR OPERATION OF THE WEBSITE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE WILL CREATE ANY WARRANTY REGARDING RSF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation of Liability
NEITHER RSF NOR ITS LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, — USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RSF OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR — USE OF, OR YOUR INABILITY TO ACCESS OR — USE, THE WEBSITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF RSF AND ITS LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Consent to Electronic Communications
By using the Website, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Website or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Georgia, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Website or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Fulton County, Georgia and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Georgia law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms and any additional terms and conditions accepted by you when registering for a specific Website constitute the entire agreement between you and RSF concerning the Website. These Terms supersede all prior agreements or communications between you and RSF regarding the subject matter of these Terms.
16. Questions & Contact Information
If you have any questions or concerns about the Website, or these Terms, you may contact RSF through our website by http://ryanseacrestfoundation.org/contact/ or write us at:
Ryan Seacrest Foundation
5750 Wilshire Blvd
Los Angeles, CA 90036