Terms & Conditions

Welcome to www.smedfoundation.org, the website and online service of the Santa Monica Education Foundation (“SM Ed Foundation,” “we,” or “us”). This page explains the terms by which you may use our website, web widgets, feeds, mobile device software applications, applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by SM Ed Foundation (collectively the “Service”). By accessing or using the Service, you signify that you have read, understand, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Use of Our Service

SM Ed Foundation provides a place for you to learn about the latest updates at SM Ed Foundation and to donate or volunteer your time.

You do not have to register in order to visit SM Ed Foundation.

By providing SM Ed Foundation your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out by emailing us at info@smedfoundation.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Subject to the terms and conditions of this agreement, SM Ed Foundation grants you permission to use the Service for your personal, non-commercial purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the SM Ed Foundation servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that SM Ed Foundation grants the operators of public search engines revocable permission to use spiders to copy materials from www.smedfoundation.org for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the SM Ed Foundation Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

SM Ed Foundation may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in SM Ed Foundation’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

All aspects of the Service are subject to change or elimination at SM Ed Foundation’s sole discretion. SM Ed Foundation reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that SM Ed Foundation will not be liable to you for any interruption of the Service, delay or failure to perform.

You are solely responsible for your interactions with other SM Ed Foundation Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SM Ed Foundation shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Our Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “SM Ed Foundation Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SM Ed Foundation and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights (as defined below), and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the SM Ed Foundation Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

Copyright in the text materials contained in this website is owned by the Santa Monica-Malibu Education Foundation, © 2009 Santa Monica-Malibu Education Foundation. The text materials contained in Service may be used, downloaded, reproduced or reprinted, provided that this copyright notice appears in all copies and provided that such use, download, reproduction or reprint is for non-commercial or personal use only. The text materials contained in the Service may not be modified in any way.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). Ideas may include, without limitation, content such as software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SM Ed Foundation under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SM Ed Foundation does not waive any rights to use similar or related ideas previously known to SM Ed Foundation, or developed by its employees, or obtained from sources other than you.

3. Eligibility

This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

4. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

5. Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Additional Representations and Warranties

You shall be solely responsible for any content in any form or medium that you provide to SM Ed Foundation (your “User Content”) and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

c. Your User Content and SM Ed Foundation’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

d. SM Ed Foundation may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

7. Third-Party Links

The Service may contain links to third-party websites (including without limitation social networking sites), advertisers, services, contests, special offers, or other events or activities that are not owned or controlled by SM Ed Foundation. SM Ed Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and SM Ed Foundation’s Privacy Policy do not apply to your use of such sites. You expressly relieve SM Ed Foundation from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SM Ed Foundation shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

8. Indemnity

You agree to defend, indemnify and hold harmless SM Ed Foundation and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any claim or damages that arise as a result of any of your User Content or any content that you submit to SM Ed Foundation.

9. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, SM Ed Foundation, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

SM Ed Foundation does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SM Ed Foundation service or any hyperlinked website or service, or featured in any banner or other advertising, and SM Ed Foundation will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SM Ed Foundation, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will SM Ed Foundation be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the information contained therein.

To the maximum extent permitted by applicable law, SM Ed Foundation assumes 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 or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall SM Ed Foundation, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to SM Ed Foundation hereunder.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SM Ed Foundation has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from its facilities in the United States. SM Ed Foundation makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

11. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SM Ed Foundation without restriction.

12. General

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over SM Ed Foundation, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and SM Ed Foundation that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California unless submitted to arbitration as set forth in the following paragraph.

B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. Notification Procedures. SM Ed Foundation may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by SM Ed Foundation in our sole discretion. SM Ed Foundation reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

D. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by SM Ed Foundation via the Service, shall constitute the entire agreement between you and SM Ed Foundation concerning the Service. If any provision of this Agreement is deemed invalid by a court of 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.

E. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SM Ed Foundation’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us at info@smedfoundation.org with any questions regarding this Agreement.