THE TINY STAR FOUNDATION
WEBSITE TERMS OF USE
Last Updated: May 1, 2021
The following are the Terms of Use applicable to The Tiny Star Foundation Website (““Website”). Any reference to “we”, “our”, “us”, or the “Foundation” shall mean The Tiny Star Foundation. Any reference to “you”, “your” shall mean the user of the Website/party accessing the Website.
These Terms of Use are effective as of May 1, 2021, and shall remain in effect unless and until modified, or terminated, or replaced in whole or in part by Star Foundation, in its sole discretion.
Any change(s) to these Terms of Use will be reflected in the most up to date version of these Terms of Use which can be found on Website.
We may endeavor to contact you at the email address that you provided to us for the purpose of notifying you of any changes to Website, but we shall not be obligated to do so for any reason whatsoever.
Any changes shall be effective as of the day that they are posted on the Website. By accessing and using Website you are deemed to have agreed to these Terms of Use and that you have accepted and consented to abide by these Terms of Use.
The Website contains information about Foundation and may be in the form of text, reports, news, updates to previously provided information and other pertinent information in either or both tangible and intangible form (together “Content”).
PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing, browsing, and using the Website you acknowledge and confirm that you have read, and that you understand and agree to be legally bound by this Agreement. IF YOU DO NOT ACCEPT/AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE WEBSITE.
The Foundation reserves the right at any time to amend, replace or terminate some, or all, of these Terms of Use, without notice, and such amendment(s), replacement(s) or termination shall be effective upon posting on our Website.
You acknowledge, accept, and agree that the Content of this Website is protected by trademark, copyright, service mark, patent, and trade secret laws and other proprietary rights. These rights are valid and protected in all forms, media, and technologies that now exist and hereinafter may be developed.
You acknowledge, accept, and agree that all Content is and shall remain the property of the Foundation or any other party who took part in the preparation and/or publication of the Content (hereinafter “Contributor[s]”). You shall not assert, in whole or in part, any claim of ownership over the Content by reason of your use of, or right to use Website. You shall not create or grant any lien or security interest arising from or related to the Content merely by virtue of your use of the Website, or any right that you may have to use the Website.
You agree to adhere to and comply with all trademark, service mark, and copyright laws and export laws. You shall not assert any rights to nor encumber any interest in the Content.
You shall not have any right to transfer, transmit, modify, or participate in the transfer, transmittal, or modification of the Content nor shall you create any derivative works of the Content.
You are permitted to make no more than ten copies of the Content so long as the copies are made for your personal, non-commercial use. In doing so you agree to maintain, keep in place, and not modify or remove any notices contained in the Content or maintained by any Contributor, including notice as to copyright, any trademark legend(s) or other notice(s) of proprietary right. The Foundation merely permits you/the user to view and use the Content solely for your/the user’s personal, non-commercial use/ purposes.
Unless you have secured the Foundation’s prior written consent to do so, the use of the content on any other website(s), including the linking, framing, or mirroring or any other networked computer environment for any purpose is strictly prohibited.
From time to time, where and whenever deemed by us to be appropriate and solely for your convenience, the Website may provide links to third party websites through links that are available on our website. You acknowledge that any list of these third-party links may not be complete, relevant, up to date, or useful resources.
The Foundation’s decision to link to any third-party website does not constitute in any way our endorsement of the content reflected in those third- party links.
THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR THE CONTENT OF/ON ANY THIRD-PARTY WEBSITE, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS OR LAWFULNESS OF ANY CONTENT ON ANY THIRD-PARTY WEBSITE.
YOU AGREE AND ACKNOWLEDGE THAT THE FOUNDATION SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. When downloading files on other websites you should take precautions to protect your computer from viruses and other destructive programs. You agree and acknowledge that by accessing linked third-party websites you do so at your own risk and peril.
If you have any questions or concerns about any third-party’s links, you should direct your questions or concerns to the third-party’s Webmaster or Administrator.
In the event that any portion of this Agreement/Terms of Use is held to be unenforceable or invalid, the unenforceable or invalid portion may be construed in accordance with the applicable law as nearly as possible to reflect the original intent of the parties, and the remainder of the Agreement/Terms of Use shall remain in full force and effect.
The Foundation’s failure to enforce your strict performance of any provision of the Agreement shall not constitute a waiver of our right in the future to enforce such provision or any other provision of the Agreement/Terms of Use.
The Agreement/Terms of Use shall be construed and governed by the laws of the State of New Jersey except as regards its conflict of laws rules. Any action relating to the Content, the Foundation’s Website, or the Agreement/Terms of Use must be brought in the Federal or state courts located in New Jersey and you hereby irrevocably consent to the jurisdiction of said courts. Any cause of action that you may have as to the Content, the Foundation’s Website, or the Agreement/Terms of Use must be commenced within one (1) year after the claim or cause of action arose, otherwise it shall be barred. The Agreement/Terms of Use contain the entire agreement of the parties for the Foundation’s Website and supersedes all existing agreements and other oral, written, or other communications between the parties, concerning its subject matter. You agree that you will only use Foundation’s Website and Content for lawful purposes, and you are prohibited from any use of such Website and/or Content in a manner that would constitute an illegal offense, give rise to any liability, or otherwise violate any applicable federal, state, or local, national, or international law, regulation, or rule. In the event of any lawsuit, proceeding, cause of action against us, as a result of any illegal offense committed by you or alleged against you, which gives rise to any liability or otherwise in any violates any applicable federal, state, or local, national or international law, regulation or rule, you agree to indemnify and hold Foundation, its Board of Trustees members, officers, employees, agents and volunteers harmless in all regards.
The designated agent to receive notification of claims of infringement under the Digital Millennium Copyright Act is Gary Carbonello, Esq., 5 Drake Court, Boonton Township, NJ 07005
The Foundation’s policies and practices as to the collection and use of personally identifiable information is addressed and governed in accordance with The Tiny Star Foundation’s Privacy Policy.