Last updated: January 6, 2014.
SUMMARY OF SERVICE
Stay In Step is a platform where individuals and groups (“Users”) are able to perform a variety of actions including but not limited to: interact with other Users, fund projects by raising money from other Users, comment and interact with other Users, and join or participate in contests. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Participants, Donors and Funders, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, share, or otherwise make accessible (“Submit”) Content. “User Submissions” means any content submitted, posted, uploaded, or otherwise made accessible on the Site, by Users.
ACCEPTANCE OF TERMS
RULES AND CONDUCT
PROJECTS: FUNDRAISING AND COMMERCE
Stay In Step is a platform where Users are able to perform a variety of actions including but not limited to: interact with other Users, fund projects by raising money from other Users, comment and interact with other Users, and join or participate in contests Users who donate money to any project (“Donors”) agree to be bound by this entire Agreement, including the following terms: Donors agree to provide their payment information at the time they contribute to a campaign or project. The payment will be collected at that time and will not be refunded if a project does not reach the full amount of their monetary goal for the project. Donors agree to have sufficient funds or credit available at the time they contribute to ensure that the donation will be collected. Donors agree not to cancel or reduce their contribution to a campaign or project after they have completed the checkout process for the donation. Donors have the option to make their contribution anonymously.
Stay In Step does not offer refunds. Stay In Step shall have no obligation to refund money to a Donor whatsoever. Stay In Step reserves the right to cancel or refuse to accept a contribution at any time and for any reason. Stay In Step reserves the right to reject, cancel, interrupt, remove, or suspend a campaign or project at any time and for any reason. Stay In Step is not liable for any damages as a result of any of those actions. Stay In Step does not have an obligation to comment on the reasons for any of these actions. The Company does not endorse any User Submissions. Users explicitly release Stay In Step, its officers, employees, agents, and successors from liability for any and all claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
FEES AND PAYMENTS
There is no charge for Users to join and use Stay In Step. Stay In Step does charge fees for certain services on the Site. When choosing to utilize a service for which a fee applies the User has the opportunity to review and accept the fees that will be charged prior to utilizing that service. In the event that there are any changes to fees for services, these changes will be considered effective after Stay In Step provides Users with notice by posting the changes on the Site. Users are solely responsible for paying all fees and taxes associated with use of the Service. Funds contributed by Donors are collected by third party vendors such as PayPal. Stay In Step is not responsible for the services rendered by or the performance of third party vendors.
The Service may permit Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When Users access third-party websites, they do so at their own risk. Other websites such as these are not under the Company’s control, and Users acknowledge and agree that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. Websites that contain references or links to the Site does not imply endorsement by or affiliation with the Company. Users further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
CONTENT AND LICENSE
Users agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. Users agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants Users of the Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content. This license to use and reproduce Content is solely for personal, non-commercial use. Any and all use, reproduction, modification, distribution, or storage of any Content for any use or purpose that is not personal, non-commercial use is prohibited without the express consent and prior written permission from the Company, or from the copyright holder. Users agree that they will not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
INTELLECTUAL PROPERTY OF USERS
Stay In Step will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If any User believes that their work has been copied in a way that constitutes an infringement of the copyright, they should give notice to Stay In Step by adhering to the following procedure: Notification shall be given in writing to Stay In Step’s Copyright Agent. Notification must contain specific information pertaining to Copyright and infringement laws. Please consult your legal counsel regarding these requirements or look up details of the requirements in the U.S. Copyright Act, 17 U.S.C. §512(c)(3). This information shall include:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material you claim is infringing is located on the Site, sufficient for Stay In Step to locate the material;
4. Your address, telephone number, email address, and any other relevant contact information;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner, or that you are authorized to act on the copyright owner’s behalf. If you believe that your work has been removed or disabled by mistake or misidentification, please notify Stay In Step’s Copyright Agent in writing. Your counter-notice must contain specific information pertaining to Copyright and infringement laws. Please consult your legal counsel regarding these requirements or look up details of the requirements in the U.S. Copyright Act, 17 U.S.C. §512(c)(3). This information shall include:
1. A physical or electronic signature of the user of the Services;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. The subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Failure to comply with the terms of these notice requirements may invalidate your notification or counter-notification.
Stay In Step’s designated copyright agent for notice of alleged copyright infringement is:
Almerico & Mooney
Attn: Stay In Step Copyright Agent
, 4350 West Cypress Street Suite 275,
Tampa, FL 33607
The Company has no special relationship with or fiduciary duty to Users. Users acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
ELECTRONIC DELIVERY, NOTICE POLICY, AND USER CONSENT
By using the Services of the Site, Users consent to receive any and all communications from Stay In Step electronically. These communications may include but are not limited to: notices, agreements, legally required disclosures, and other information in connection with the Services (collectively, “Contract Notices”). Stay In Step may provide the electronic Contract Notices by posting them on the Site. Any User who chooses to withdraw their consent to receive Contract Notices electronically must contact Stay In Step to terminate their account and discontinue the use of the Services.
These Terms of Service, as well as any further rules, policies, regulations or guidelines incorporated by reference, shall be construed in accordance with and governed by the laws of the State of Florida and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Stay In Step, Stay In Step Foundation or its parents, subsidiaries, affiliates, successors, assigns, employees, attorneys, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Florida, Hillsborough County. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state courts located in Hillsborough County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
INTEGRATION AND SEVERABILITY