User Agreement
USER AGREEMENT PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. SchoolMagicBox requires that all visitors ("you") to its site, SchoolMagicBox.com, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means SchoolMagicBox unless otherwise indicated.
What is SchoolMagicBox? SchoolMagicBox is company with it’s mission to assist parents in fundraising and communication.We at SchoolMagicBox aim to improve public education by engaging citizens in an online marketplace where Teachers describe and individuals can fund specific projects. The Sites provide you with access to an online collection of information, materials and services related to SchoolMagicBox and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Eligibility. Use of the Sites is void where prohibited. By using the Sites, 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 Sites; and (3) your use of the Sites 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. Binding Agreement. By using any Site, you agree to be bound by this UA, whether you are a visitor, Teacher or Donor. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Donors and Teachers, which are described below. SchoolMagicBox's Privacy Policy is a Part of this Agreement. We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference SchoolMagicBox's Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy.
Our Proprietary Materials. We welcome you to our Sites and we invite you to use it within the following rules: 1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA. 2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of SchoolMagicBox. 3. 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 Sites, in any manner, without your receipt of the prior written authorization of SchoolMagicBox. 4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form. 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, Software and materials on and underlying the Sites are copyright (c) 2016 SchoolMagicBox.com, Inc. or are licensed or otherwise used by SchoolMagicBox with permission. Except where noted otherwise, all rights to these materials are reserved by SchoolMagicBox or their respective owners. "SchoolMagicBox.com", the SchoolMagicBox.com logo, are trademarks and service marks of SchoolMagicBox.com, Inc., which reserves all rights to its marks and logos. 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 SchoolMagicBox cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites 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 Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
Disclaimers. We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. SchoolMagicBox retains the right to restrict use of the Sites, in any manner it deems appropriate. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SchoolMagicBox EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SchoolMagicBox MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. Limitation of Liability. IN NO EVENT SHALL SchoolMagicBox, 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 "SchoolMagicBox 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 SchoolMagicBox 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 SchoolMagicBox 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 SchoolMagicBox 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 SchoolMagicBox OR AN AUTHORIZED SchoolMagicBox REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. SchoolMagicBox neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties. Third Party Websites. The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by SchoolMagicBox, thus SchoolMagicBox is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by SchoolMagicBox of the Linked Sites. Third Party Websites Seeking to Hyperlink to the Sites. We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and SchoolMagicBox. If this is not the case, please do not link to any Site. SchoolMagicBox reserves the right to rescind the right to link to its Sites at its sole discretion. Use of any SchoolMagicBox trademark, service mark or other intellectual property or content provided by SchoolMagicBox for a hyperlink to a Site is permitted and licensed by SchoolMagicBox solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by SchoolMagicBox, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by SchoolMagicBox. Making Donations through SchoolMagicBox. SchoolMagicBox is a for-profit marketplace that brings Donors together with Teachers in order to provide students with the activities and materials they need to learn. Included in the "material cost" (the price of the project exclusive of a fulfillment donation to SchoolMagicBox operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below. You may view a copy of our annual financial statements and federal tax return online by clicking on the links or you can obtain them by writing to: SchoolMagicBox Attn: Financial Operations State Fundraising Notices Although our financial report is always sent free to anyone requesting a copy, certain States require us to advise you that a copy of our financial report is available from them. Registration with the Secretary of State or Attorney General of any state does not imply endorsement by such body. Colorado: (To be filed) Colorado residents may obtain copies of registration and financial documents from the office of the secretary of state by calling (303) 894-2200 or on the web at http://www.sos.state.co.us. REGISTRATION BY THE SECRETARY OF STATE IS NOT AN ENDORSEMENT OF EITHER THE PAID SOLICITOR OR THE ORGANIZATION OR CAUSE THE SOLICITOR REPRESENTS. Florida: (To be filed) A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE 1-800-435-7352. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
Special Provisions Relating to Donors Thank you for your interest in funding a student project at SchoolMagicBox.com. By donating to a project or creating a new account on the Sites ("Donor"), the following additional terms of the UA apply. Donor Representations By applying to become a Donor, you promise that: 1. 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; 2. All information you provide to SchoolMagicBox is accurate, and you will update the information to keep it accurate; and 3. You have full rights to any ideas, descriptions, materials, and photos you submit to SchoolMagicBox, and that you (and not SchoolMagicBox) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by SchoolMagicBox will not infringe on any rights of any third party. 4. Any donation you make is legal in your jurisdiction. If you create a Donor gift registry account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone's birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites. Donor Responsibilities You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) 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 Teacher 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 SchoolMagicBox 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 SchoolMagicBox. In addition to the rights of SchoolMagicBox 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 SchoolMagicBox may send you regarding each project you fund 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 SchoolMagicBox and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that SchoolMagicBox 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 SchoolMagicBox We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy. SchoolMagicBox reserves the right to exclude any Donor from use of the Sites, in SchoolMagicBox'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. Disclaimers Special Provisions for Teachers Thank you for your interest in submitting a proposal for a SchoolMagicBox.com project. By clicking the "I Agree" button during the process to sign up for funding proposals, the following additional terms of the UA apply to those users who sign up for a teacher account and/or to post a teacher funding proposal on the Sites ("Teachers"): Teacher Representations By submitting a proposal, you promise that: 1. You are a licensed teacher, librarian, guidance counselor, coach or other public school employee directly serving students and currently employed at the school you note; 2. The activity you propose is legal and falls within the standards of your board of education; all information you provide to SchoolMagicBox is accurate, and you will promptly update the information to keep it accurate; 3. Any proposals you submit are solely for you and your class and are not on behalf of any other teacher or class; and 4. You have full rights to any ideas, descriptions, materials, and photos you submit to SchoolMagicBox, and that you (and not SchoolMagicBox) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by SchoolMagicBox will not infringe on any rights of any third party. Teacher Responsibilities 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 SchoolMagicBox 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 SchoolMagicBox 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 SchoolMagicBox may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide student thank-you notes that do not contain any of the personal information that will identify the student. 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 SchoolMagicBox and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that SchoolMagicBox 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, SchoolMagicBox or a third party on SchoolMagicBox's behalf may send you emails regarding important information regarding your use of the Sites. 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 SchoolMagicBox While you retain ownership in the works you create such as the proposal submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to SchoolMagicBox through the Sites and all materials (except for the photographs) which you send to SchoolMagicBox after the completion of the project, you hereby grant to SchoolMagicBox 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 SchoolMagicBox's purposes and activities and to promote SchoolMagicBox and its programs, in any medium, and SchoolMagicBox 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 SchoolMagicBox's purposes, whether or not your proposal is funded. SchoolMagicBox reserves the right to exclude any Teachers from use of the Sites, in SchoolMagicBox's sole discretion. Termination You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Teacher account, as applicable, and stopping all use of the Sites. SchoolMagicBox 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. Miscellaneous This UA is governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in New York, New York. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. Resolution of Disputes THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and SchoolMagicBox. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or SchoolMagicBox may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or SchoolMagicBox pending the completion of arbitration. Indemnification You agree to indemnify and hold SchoolMagicBox and its Affiliates 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) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to SchoolMagicBox. Contact SchoolMagicBox If you have any questions about the Sites or this UA, you may contact us via e-mail at info@SchoolMagicBox.com. We are always glad to hear your questions and comments. Entire Agreement This UA, including the terms specifically applicable to Donors and Teachers, and other policies and notices SchoolMagicBox may post on the Sites necessary for access to Donor and Teacher portions of the Sites, constitute the entire agreement between SchoolMagicBox and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between SchoolMagicBox and you regarding such matters, including prior versions of this UA. SchoolMagicBox may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by SchoolMagicBox, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.