PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Who is ScholarMatch?
ScholarMatch is a nonprofit organization based in San Francisco, and its mission is to connect under-resourced students with donors and make college possible. ScholarMatch is a 501(c)3 registered with the IRS. ScholarMatch is a website and service whereby potential Donors (“Donors”) can learn more about Scholars (“Scholars”) who need assistance paying their college tuition — and by learning more about these extraordinary students, our hope is that potential donors will contribute funds to support the educational goals of the scholars in their communities.
The Website is for the personal use of Scholars and Donors and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website, including collecting personal data on Scholars and Donors by electronic or other means for the purpose of sending unsolicited email or personal contact, or other purposes inapposite to the purpose of this Site is forbidden. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Scholar or Donor profiles without notice and may result in termination of your rights. Appropriate legal action may be taken for any illegal or unauthorized use of the Website.
Please play nice with your and other people’s information.
Access to Content
You acknowledge that: (i) by using the Website you may have access to pictures, digital images, graphics, music, video, audio, text and other creative output (collectively, “Content”), and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are “Content Providers”). ScholarMatch does not pre-screen most Content.
You acknowledge that ScholarMatch, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Website or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
Ownership of Content; License
You retain copyright and other intellectual property rights with respect to your Content, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to ScholarMatch and to other Users of the Website.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and ScholarMatch will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Website, including without limitation any legal consequences relating to your intellectual property rights; and (iii) ScholarMatch’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of ScholarMatch’s intention not to require users of the Website to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Website, you do not own the login information you use to access the Website, nor do you own any data ScholarMatch stores on ScholarMatch’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Website or any rights to data stored by or on behalf of ScholarMatch.
Your Use of Content Content available through the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and Content.
You may access User Content solely for your information and personal use.
Users may have the opportunity to provide comments about Content, your profile and any number of topics on the Website (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
You may access ScholarMatch Content, User Content and other Content only as permitted under this Agreement. ScholarMatch reserves all rights not expressly granted in and to the ScholarMatch Content and the Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Website.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you may be exposed to User Content from a variety of sources, and that ScholarMatch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ScholarMatch with respect thereto, and agree to indemnify and hold ScholarMatch, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Scholars and Donor Termination Policy
Please use your company manners while you’re on our Website or using our service. We regret to tell you that, in our sole and commercially reasonable discretion, we will terminate a Scholar account or a Donor account on the Website if, under appropriate circumstances, they are determined to be a repeat offender. Although we’re not necessarily policing all Content, if we get wind of something, keep in mind we reserve the right to decide whether Content is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate a Scholars access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
Digital Millennium Copyright Act.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Website can be identified and removed via ScholarMatch’s DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
Filing a DMCA Notice
Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a DMCA notice. To file a DMCA Notice with ScholarMatch, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must:
- Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);
- Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Website. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
- If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have 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.”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- The Notice must be signed;
- The Notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
849 Valencia Street
San Francisco, CA 94110
Or fax to: 415-642-5914 (on the cover sheet, please write: Attention: DMCA NOTICE).
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA
Your Counter-Notice must:
- Describe and list all material(s) that were removed by ScholarMatch and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
- State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The Counter-Notice must be signed.
- The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
DMCA Designated Agent
849 Valencia Street
San Francisco, CA 94110
Links to Other Websites
This Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through this Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third-party websites, you do so at your own risk.
Third Party Websites Seeking to Hyperlink to the ScholarMatch.org
We welcome appropriate hyperlinks to our Website. By publishing a hyperlink to ScholarMatch on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of ScholarMatch. If this is not the case, please do not link to any part of the Website. ScholarMatch reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any ScholarMatch trademark, service mark or other intellectual property or content provided by ScholarMatch for a hyperlink is permitted and licensed by ScholarMatch solely for the purposes described on the Website, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by ScholarMatch, you shall immediately remove any hyperlink to the Website, and discontinue use of any trademarks, service marks or other intellectual property or content provided by ScholarMatch.
You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA. Use of the Website is void where prohibited. By using the ScholarMatch, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Website; and (3) your use of the Website does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Website, in any manner, without your receipt of the prior written authorization of ScholarMatch.
The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content and materials on and underlying the Sites are copyright (c) 2010 ScholarMatch.org or are licensed or otherwise used by ScholarMatch with permission. Except where noted otherwise, all rights to these materials are reserved by ScholarMatch or their respective owners. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although ScholarMatch cannot monitor the conduct of users of the Website, it is a violation of this UA to use the Website or any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Website. Any unauthorized use of the Website and its the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. ScholarMatch retains the right to restrict use of the Sites, in any manner it deems appropriate.
Limitation of Liability.
IN NO EVENT SHALL SCHOLARMATCH, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “SCHOLARMATCH AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SCHOLARMATCH AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT SCHOLARMATCH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT SCHOLARMATCH AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY SCHOLARMATCH OR AN AUTHORIZED SCHOLARMATCH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
Making Donations through ScholarMatch.
ScholarMatch is a non-profit website that matches Donors together with Scholars in order to provide Scholars with the funds they need to pay for college. Here, 85% of each donation made through ScholarMatch designated for scholarships goes directly to fund a “match” for its Scholars, unless the Donor indicates that a specific portion of the donation may be used for administrative purposes.
All Donors are subject to the specific Donor terms described below.
Special Provisions Relating to Donors
Thank you for your interest in funding a Scholar at ScholarMatch.org. By clicking the “I Agree” button during the sign-up process for donations, the following additional terms of the UA apply to those users who sign up for a donor account and/or donate to a project on the Sites (“Donor”).
By applying to become a Donor, you promise that:
- You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
- All information you provide to ScholarMatch is accurate, and you will update the information to keep it accurate; and
- Any donation you make is legal in your jurisdiction.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor or Scholar at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify ScholarMatch of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of ScholarMatch.
In addition to the rights of ScholarMatch described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that ScholarMatch may send you are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause ScholarMatch and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that ScholarMatch may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
Services Provided by ScholarMatch
We review, verify and calculate the cost of each Scholar Profile before we post it on the Sites for Donors to view. Our efforts include, but are not limited to, screening the proposed profile for compliance with the ScholarMatch policies, confirming the Scholar’s academic enrollment status, and determining a cost for the proposal. Whenever practical, we arrange to the best of our ability for regular updates of the Scholar’s academic progress, and student updates to be sent to the Donor(s) after a Donor to Scholar match has been made.
Sometimes the specific components included in a Scholar profile change after we receive your donation. In the case that this happens, ScholarMatch will review the Scholar’s modified profile. If our review determines the modified proposal is reasonably similar to the Scholar’s original profile, we will use the funds that you donated to pay for the modified profile. If we determine that the modified proposal is not reasonably similar to the original proposal and no longer meets the criteria specified by the Donor, we will fund an alternate Scholar instead. The Donor will receive student updates from whichever student ends up receiving scholarship support from the funds.
SCHOLARMATCH reserves the right to exclude any Donor from use of the Website, in ScholarMatch’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.
If, for any other reason, the proposal cannot move forward (i.e., the Scholar is no longer enrolled at an academic institution, or no longer requires the requested funds, or the Scholar is no longer in good standing with ScholarMatch, etc.), all donations made to the proposal will fund an alternate Scholar.
At times, a Scholar will move from one school to a different school. Until the Scholar alerts us to their move, the school information associated with any Scholar profile posted on the website may not accurately reflect the new school at which they are attending. In addition, we may deliver the funds requested by that Scholar to their new school, even if some or all of the project’s donations were received before the Scholar’s school information was updated on our website.
In rare instances, a Scholar fails to submit feedback to Donors via the Website’s Updates section. In this instance, all Donors will be notified by ScholarMatch and the Scholar will be excluded from future use of the Website.
ScholarMatch cannot be responsible for the academic success of the students.
Special Provisions for Scholars
Thank you for your interest in submitting a your profile on the ScholarMatch site. By clicking the “I Agree” button during the process to sign up for funding your college education, the following additional terms of the UA apply to those users who sign up for a Scholar account:
By submitting a proposal, you promise that:
- You are a student currently enrolled at the school you note;
- The activity you propose is legal; all information you provide to ScholarMatch is accurate, and you will promptly update the information to keep it accurate;
- Any requests for funds are solely for you and your college education and are not on behalf of any other Scholar or student
- You have full rights to any ideas, descriptions and materials you submit to ScholarMatch, and that you (and not ScholarMatch) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by ScholarMatch will not infringe on any rights of any third party.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Teacher-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify ScholarMatch of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.
In addition to the rights of ScholarMatch described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs or other media, and the donor updates, and other materials that ScholarMatch may send you solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide profile updates and regular updates to your Donor through the Scholar account provided by ScholarMatch. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause ScholarMatch and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that ScholarMatch may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
From time to time, ScholarMatch or a third party on ScholarMatch’s behalf may send you emails regarding important information regarding your use of the Website. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
Rights You Grant to ScholarMatch
While you retain ownership in the works you create such as your personal statement (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to ScholarMatch and all materials (except for the photographs) which you send to ScholarMatch after the completion of the project, you hereby grant to ScholarMatch a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and project materials, and portions thereof, in furtherance of ScholarMatch’s purposes and activities and to promote ScholarMatch and its programs, in any medium, and ScholarMatch may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for ScholarMatch’s purposes, whether or not your proposal is funded.
ScholarMatch reserves the right to exclude any Scholars from use of the Sites, in SchoarMatch’s sole discretion.
Your Responsibilities Should You Meet Your Scholarship Goal
If your Scholar profile is approved by ScholarMatch (in ScholarMatch’s sole discretion) and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by ScholarMatch. You agree that requested resources will be used by yourself, for your college tuition, as described in your proposal.
You will make a reasonable effort to update Donors as scheduled by ScholarMatch regarding your progress at school. You will use the ScholarMatch funds and materials only for your college tuition, and agree to follow all other instructions as provided or directed by ScholarMatch regarding the funded activity.
You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Scholar account, as applicable. ScholarMatch may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
This Website is controlled and operated by ScholarMatch from its principal office in the State of California, United States of America. ScholarMatch makes no representation that materials on the ScholarMatch website are appropriate or available for use in other locations. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules. The Website is not intended to subject ScholarMatch to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.
You agree to indemnify and hold 826 National and ScholarMatch harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) breach or violation of any term of this UA; (2) your violvation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to ScholarMatch.
849 Valencia Street
San Francisco, California 94110
This Agreement was last updated on June 3, 2013.