USING THE SITE
- You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, rule, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
- You understand and agree that you are responsible for maintaining the confidentiality of applicable passwords associated with any account you use to access the Services, and that you will be solely responsible for all activities that occur under your account.
- You agree that you are solely responsible for (and that the Foundation has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Foundation may suffer) of any breach.
- Unauthorized attempts to upload information or change information on this Web site are strictly prohibited and may be punishable to the extent that current laws allow.
- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. The Foundation reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the Services.
- If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written communication that includes substantially the following in accordance with Section 512(c)(3) of the Digital Millennium Copyright Act: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, user ID, and, if available, an electronic mail address at which the complaining party may be contacted; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows:
Attn: Program Manager
Siebel Scholars Foundation
1300 Seaport Blvd, Suite 400
Redwood City, CA 94063 USA
ssf+dmca at siebel.org
- You acknowledge and agree that the Foundation (or its licensors) own all legal right, title, and interest in and to the Services, including the trademark Siebel Scholars™ and any other intellectual property rights which exist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- On the condition that you comply with all your obligations in these Terms, the Foundation grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser, the information that we provide through the Services.
- You understand that all information (such as data files, written text, media files, photographs, or other images), which you may have access to as part of, or through your use of, the Services (the “Content”) is the sole responsibility of the person from which such Content originated. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Foundation or by the applicable Content owner in a separate agreement.
- You agree that you are solely responsible for (and that the Foundation has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Foundation may suffer) by doing so. You confirm and warrant that you have the rights, power, and authority necessary to grant the license set forth below. Other than the limited license set forth below, the Foundation acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms or to any Content that you submit, post, transmit or display on, or through, the Services. You agree that you are responsible for protecting and enforcing those rights and that the Foundation has no obligation to do so on your behalf.
- You are not required to submit Content to use the Services. You retain all rights you already hold in the Content that you submit, post, or display on or through, the Services. By submitting, posting or displaying Content you give the Foundation a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, create derivative works of, use, translate, publish, publicly perform, publicly display, and distribute any Content which you submit, post, or display on or through the Services. This license is for the sole purpose of enabling the Foundation to display, distribute, and promote the Services. You agree that this license includes a right for the Foundation to make such Content available to other companies, organizations or individuals via syndication Services and that the Foundation may use the Content in connection with the provision of those Services. You understand that the Foundation may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the requirements and guidelines of such networks, devices, services, or media. You agree that this license shall permit the Foundation to take these actions.
- The Services may include various forums where you can post your observations and comments on designated topics. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. We are not responsible for a user’s misuse or misappropriation of any content or information you post in any forum of the Services.
You should be aware that when you are on siebelscholars.com, you could be able to access content from third party Web sites or could be directed to other Web sites via links from this Web site that take you outside of the siebelscholars.com domain. We are not responsible for, nor have we reviewed all of the content of these Web sites. These other Web sites may collect data or solicit personal information. Use good judgment and always be cautious of where you end up on the Web.
NOTIFICATION OF CHANGES
EXCLUSION OF WARRANTIES
- NOTHING IN THESE TERMS, INCLUDING THIS SECTION AND THE FOLLOWING SECTION, SHALL EXCLUDE OR LIMIT THE FOUNDATION’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE FOUNDATION FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
- SUBJECT TO OVERALL PROVISION THE FIRST PARAGRAPH OF EXCLUSION OF WARRANTIES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FOUNDATION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU OR ANY THIRD PARTY, HOWEVER CAUSE AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, LOSS GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
- THE LIMITATIONS ON THE FOUNDATION’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT THE FOUNDATION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with the Terms, (b) any content you submit to the Foundation, or (c) any activity in which you engage in on or through the Services.
You may terminate this Agreement at any time with notice to Siebel Scholars Foundation, such notice which shall be effective upon its processing. The Foundation may terminate this Agreement at any time with or without notice, which shall be effective immediately or as specified in the notice. The Terms shall survive termination of the Agreement, except for any licenses granted to you herein.
DONATION/MEMBERSHIP FEE REFUND POLICY
A tax-deductible charitable contribution made to the Siebel Scholars Foundation cannot be cancelled or returned once it has been completed.
- Choice of Law. The Terms and any disputes with the Foundation arising out of these Terms shall be governed by California law, excluding conflicts of law provisions. You and the Foundation agree to submit to the exclusive jurisdiction of the courts located with Santa Clara County, California, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Foundation shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
- Severability. If any provision of these Terms is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purposes and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provisions of the Terms.
- Entire Agreement. You agree that these Terms constitute the entire, complete, and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of this Agreement.
- Amendments. We reserve the right to modify, supplement or replace the Terms, effective upon posting at www.siebelscholars.com, or notifying you otherwise.
- Waivers. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Services, or exploitation of the Service or any content or other material used or displayed through the Service.
- Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms and any purported assignment and delegation shall be ineffective. The Foundation may freely assign or delegate all rights and obligations under the Terms, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, the Foundation for any third party that assumes our rights and obligations under these Terms.
- Notice. You agree that the Foundation may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.