Starlight Children’s Foundation (“Starlight,” “we,” “our”) is a 503(c)(3) organization with a mission to deliver happiness to seriously ill kids and their families (our “Mission”). As part of the “Star Jump Challenge,” people like you help us pursue our Mission by fundraising on our behalf. Fundraisers may create fundraising pages for the Star Jump Challenge at our site currently located at www.StarJumpChallenge.org (together with any materials, functionality and services available on that site, and any successor site(s), the “Site”).
- [Arbitration Notification]
This agreement contains a mandatory arbitration provision, as further set forth in section 23 below. The arbitration provision requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. The arbitration provision also includes a delegation clause, according to which threshold questions (like whether the arbitration clause is enforceable) are delegated to the arbiter to decide.
- Age Requirements
If you are under 18 years old, you may neither use the Site nor participate in the Star Jump Challenge without your parent or legal guardian’s permission to do so. Please have your parent or legal guardian read this Agreement with you.
If you are a parent or legal guardian and allow your child to use the Site or participate in the Star Jump Challenge, then this agreement applies to you and you are responsible for your child’s activity on the Site and in connection with the Star Jump Challenge.
By clicking or checking any box or button labeled “i agree” or similar, or otherwise accessing or using the site, you are agreeing to be bound by this agreement. If you do not agree to all the terms of this agreement, you may neither use nor access the site, nor participate in the Star Jump Challenge. You also agree that you are subject to any additional guidelines, rules, terms and conditions posted by Starlight from time to time, on or through the site, all of which are hereby incorporated by reference into this agreement. Starlight may make available additional features in connection with the Site, which may be subject to additional or different terms and conditions. By using any such additional features, you hereby agree to such additional or different terms and conditions. In the case of any conflict between such terms and conditions and this agreement, such terms and conditions will control with respect to the applicable feature.
We may change this Agreement from time to time, and will notify you of any changes by reasonable means, including by posting a revised Agreement on the Site. Changes will not apply to any disputes between you and Starlight arising before we posted the revised Agreement incorporating those changes.
We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Your use of the Site following any changes to this Agreement will constitute your acceptance of the changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links) or offer opportunities to some or all Site users.
- Registration; User Names; Passwords
You may need to register to use all or part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You, and not Starlight, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account, by emailing us at firstname.lastname@example.org.
- Your Limited Rights
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Starlight to use the Site, you may view any portion of the Site to which we provide you access under this Agreement on your personal device(s), solely for your personal, non-commercial use.
- Rules of Conduct
It is important that we maintain a respectful and well-functioning environment. To that end, you must comply with the following rules of conduct:
- comply with all applicable laws;
- respect the rights of others, including privacy and intellectual property rights – for example, by not reposting images of children featured on the Site without consent;
- do not post, transmit, or otherwise make available any material that is or may be:
- threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others;
- defamatory, libelous, fraudulent, or otherwise tortious;
- obscene, indecent, pornographic, or otherwise objectionable;
- intended to cause physical or emotional injury;
- protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express written consent of the applicable owner.
- do not impersonate any person or entity, including any representative of Starlight; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that Starlight endorses any statement you make without our prior written consent;
- do not harvest or collect information about users of the Site;
- do not abuse, interfere with, or disrupt the Site or the servers or networks used to make the Site available – for example, by spamming, hacking, or bypassing our systems or protective measures, or introducing malware;
- do not “frame” or “mirror” any part of the Site without our prior written authorization;
- do not reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
- do not remove any copyright, trademark or other proprietary rights notice from the Site; and
- do not use the Site or the Star Jump Challenge for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
We may make available the ability to make or collect donations through the Site (a “Donation”). You represent and warrant that you have the right to use any credit card that you submit in connection with a donation.
You understand and agree that Starlight does not itself process Donations. Instead, a third party will process Donations. If you wish to make a Donations, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. Verification of your information may be required before the acknowledgment or completion of any Donations, which may include a third-party verification process. By submitting such information, you are granting to Starlight the right to provide such information to third parties for purposes of facilitating Donations. The submission of information through any third-party service is at your risk. The use of any such third-party service, including any such submission of information, may subject you to any additional terms, conditions and policies applicable to such third-party service. You may need to enter into and agree upon separate terms with such third party in order to complete a Donation. You further understand and agree that Starlight is not responsible for, or liable to you or any third parties for, any claims, damages or losses arising out of, connected to or related to failed, faulty or fraudulent Donations.
Starlight reserves the right, including without prior notice, to bar any user from making any Donation. [Unless provided otherwise by Starlight, Donations are nonrefundable.]
- Information Submitted to Starlight
Submissions. You and other Site users and participants in the Star Jump Challenge may make available certain materials, including photographs, drawings, videos, stories, feedback, comments, ideas, insights, and other works of authorship (each, a “Submission”), to Starlight or otherwise through, or in connection with, the Site, including on the Site’s interactive services or by other messaging functionality (including email). Submissions may include depictions of or references to yourself or other identifiable individuals (each other identifiable individual in your Submission, a “Depicted Individual”).
Not Confidential Information. You hereby acknowledge and agree that Submissions are not confidential, and that your provision of such Submissions is gratuitous, unsolicited and without restriction, and does not place Starlight under any fiduciary or other obligation.
License. You (on behalf of yourself, your minor child, and any Depicted Individual, as applicable) hereby grant, and agree to grant, to Starlight a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), transferable license to, without compensation or further permission, use, publicize freely, adapt, modify, create derivative works of, transmit, distribute, display, perform (publicly or otherwise) and otherwise exploit your Submissions (including for profit), in any format or media now known or later developed or discovered, and for any purpose (including promotional purposes, such as testimonials).
Further License. To the extent not licensed pursuant to the above license, you (on behalf of yourself, your minor child, and any other Depicted Individual, as applicable) hereby grant, and agree to grant, to Starlight a worldwide, perpetual, irrevocable, nonexclusive, sublicensable (through multiple tiers), transferable, royalty-free and fully paid-up license to, as applicable and without compensation or further permission, reproduce, use, publicize freely, adapt, modify, create derivative works of, transmit, distribute, display, perform (publicly or otherwise) and otherwise exploit, in each case in any format or media now known or later developed or discovered, all of your, your child, and any applicable Depicted Individual’s Likenesses, Information and Recordings, including by incorporating the same into our Site, products, and services. “Likeness” includes any name, signature, voice, image, likeness, performance, movement, personal characteristic, gesture and mannerisms that is provided to Starlight by you or otherwise made available by you through, or in connection with, the Site. “Information” includes any biographical or other information or materials that are provided to Starlight by you or otherwise made available by you through, or in connection with, the Site. “Recording” includes recordings (including audiovisual or still images) and textual statements that are provided to Starlight by you or otherwise made available by you through, or in connection with, the Site.
Waiver. In connection with any Submission, Likeness, Information or Recording, you also (on behalf of yourself, your minor child, and any other Depicted Individual, as applicable) hereby irrevocably waive any (a) “moral rights” and other rights with respect to attribution of authorship or integrity of materials; (b) rights of publicity; and (c) rights of privacy, for each (a)-(c) as may exist under any applicable law under any legal theory.
Disclaimer. Starlight has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions, Likenesses, Information or Materials. If you make any of your or a Depicted Individual’s Personal Information or other information publicly available through the Site, you and any such Depicted Individual do so at your own risk.
Representations, Warranties and Covenants. You represent, warrant, and covenant that you have, and will have, all rights necessary to grant the assignments and licenses granted in this Section 9, including the valid and enforceable consent to enter into such assignments and licenses on behalf of your minor child and each other Depicted Individual, as applicable. You further represent, warrant, and covenant that your Submissions, Information and Recordings, and your provision thereof, are not, and will not be, fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property right, rights of publicity, rights of privacy and other rights).
Monitoring. Starlight may (but has no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
- Third Party Materials; Links
Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions, Likenesses, Information and Recordings (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, nor any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Starlight with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Unless otherwise explicitly stated, Starlight has not reviewed all of the websites that are linked to the Site and has no control over such sites.
Your use of third party materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such third party materials (such as terms of service or privacy policies of the providers of such third party materials).
- Assumption of the Risk
Your participation in the Star Jump Challenge may involve physical activity. You acknowledge that such activity may lead to injury, that the activities posted in connection with the Star Jump Challenge have not been evaluated or approved by any healthcare or fitness professional, and that it is your sole responsibility to determine whether such activity is appropriate for you based on factors such as age, fitness level, suitability of the activity for your environment, etc. You acknowledge and agree that it is your sole responsibility to consult with a healthcare provider regarding any medical condition, impairment or disability that may prevent or limit your ability to participate in the Star Jump Challenge. You further understand and agree that you are solely responsible for abiding by your healthcare provider’s recommendation as to any such medical restrictions, and for participating in the Star Jump Challenge solely in accordance with your healthcare provider’s advice.
- Disclaimer of Warranties
To the fullest extent permitted under applicable law: (a) the Site and any Third Party Materials are made available to you on an “as is,” “where is” and “where available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Starlight disclaims all warranties with respect to the Site and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Starlight and its affiliates and their respective directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at email@example.com with a description of such alteration and its location on the Site.
- Limitation of Liability
To the fullest extent permitted under applicable law, neither Starlight nor the Affiliated Entities will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for personal injury or property damage of any nature, loss of profits, use or data, loss of other intangibles, loss of security of Submissions, Likeness, Information, or Recordings (including unauthorized interception by third parties of any Submissions, Likeness, Information, or Recording), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, neither Starlight nor the Affiliated Entities will be liable for damages of any kind resulting from your use of or inability to use the Site or from any Third Party Materials, including from any malware that may be transmitted in connection therewith. Your sole and exclusive remedy for dissatisfaction with the Site or any Third Party Materials is to stop using the Site. The maximum aggregate liability of Starlight for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be $10.00 USD. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Starlight and the Affiliated Entities, and their respective successors and assigns.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Starlight and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions, Likenesses, Information, Recordings, and participating in the Star Jump Challenge); and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. Starlight may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site or participate in the Star Jump Challenge will immediately cease, and Starlight may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials (including any Submissions), without any obligation to provide any further access to such materials.
Sections 5, 7-17, and 19-24 will survive any expiration or termination of this Agreement.
- Starlight’s and Our Vendor’s Marks
Our trade names, trademarks and service marks include [Starlight: Please list any applicable trade names, trademarks, and service marks here (registered or unregistered)] and any associated logos. All trade names, trademarks, service marks, and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Starlight does not endorse any of the products or services listed on such site.
- Information or Complaints
If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to [address], or by calling us at [telephone number]. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Starlight a written notice by mail or e-mail, requesting that Starlight remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Starlight a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to [Starlight’s registered DMCA Agent] as follows: By mail to [name and mailing address]; or by e-mail to [email address]. [Starlight’s registered DMCA Agent]’s phone number is [phone number].
- Jurisdictional Issues
The Site is controlled and operated from the United States, and is not intended to subject Starlight to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk.
- Governing Law; [Venue]
The terms of this Agreement are governed by the laws of the United States and the State of [STATE], U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
Regardless of your location, for all disputes arising out of or related to this Agreement that cannot be resolved pursuant to Section[s] 22 [and 23] below, you agree to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- Informal Dispute Resolution
With the exception of disputes that qualify for small claims court and disputes involving Starlight’s intellectual property, you and Starlight agree that if there is any dispute arising out of or related to this Agreement or any aspect of the relationship between you and Starlight, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (collectively, “Covered Disputes”), both parties will first attempt in good faith to settle any Covered Dispute by providing written notice to the other party describing the facts and circumstances of the Covered Dispute and allowing the receiving party 30 days in which to respond to or settle the Covered Dispute. Both you and Starlight agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any [litigation or filing any claim against the other party[, or arbitration pursuant to Section 23]].
Except for disputes that qualify for small claims court and subject to section 22, all disputes arising out of or related to this agreement or any aspect of the relationship between you and Starlight, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Starlight and you are each waiving the right to trial by a jury. such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. all such matters will be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Starlight. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Starlight relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Starlight relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Starlight will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Site © 2023 Starlight Children’s Foundation unless otherwise noted. All rights reserved.