Rally Saint Louis Terms of Use


TERMS OF USE

WELCOME TO RALLYSTL.ORG A WEBSITE RUN BY FUND SAINT LOUIS. FUND SAINT LOUIS, A MISSOURI NONPROFIT PUBLIC BENEFIT CORPORATION (“FUND ST. LOUIS”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW. By using our website, you agree to these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT info@RallySTL.org.

Please see the Rally Saint Louis FAQs at http://www.rallystl.org/About/FAQs for a plain-language explanation about how the Rally Saint Louis site works and what is acceptable as an idea submission.

IMPORTANT – READ CAREFULLY

This is a legal agreement between you and Fund St. Louis. By clicking the “I accept the Terms of Use” button when you make a submission, you agree to be and hereby are bound by the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you cannot make a submission.

General Use Restrictions

Fund St. Louis or third parties granting rights to Fund St. Louis hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Fund St. Louis or such third parties. Fund St. Louis grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Fund St. Louis website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to "frame" or "mirror" the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of Fund St. Louis.

Fund St. Louis does not routinely monitor your postings to the website but reserves the right so to do. However, in Fund St. Louis’s efforts to promote good citizenship within the Internet community, if Fund St. Louis becomes aware of inappropriate use of the website or any of its Services (defined below), Fund St. Louis will respond in any way that, in its sole discretion, Fund St. Louis deems appropriate. You acknowledge that Fund St. Louis will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, Fund St. Louis will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post. You understand and agree that Fund St. Louis may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Fund St. Louis violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Fund St. Louis. You agree that under no circumstances will Fund St. Louis be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to Fund St. Louis.

When you post User Content to the website, you authorize and direct Fund St. Louis to make such copies thereof as Fund St. Louis deems necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to Fund St. Louis an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Fund St. Louis reserves the right to modify, translate, republish, reproduce, and/or distribute any and all content and photos submitted through the website.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may terminate your access to the website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

Idea Submission

To make a submission you must be at least 13 years old. If you make a submission that involves the potential sale or use of alcohol, you must be at least 21 years old. You do not have to be from St. Louis or live in St. Louis, but you must love St. Louis and want to make it better! You will be required to establish a user account by creating a User ID and password or using the social sign-in feature. Your submission must be your original idea and you cannot have received compensation for submitting your idea on this website. You acknowledge that you have the right to submit your project idea. You can make a project submission on the website at any time, multiple times. You can create multiple submissions representing different project ideas (but not multiple submissions for the same project). You cannot withdraw or delete your submission after you post it to the website. Fund St. Louis will post your submission for a minimum of 30 days, during which your submission must collect enough votes from other users to be selected as a submission for which Fund St. Louis will conduct a feasibility analysis and create a budget (the “Voting Period”). The amount of votes required for a submission to remain on the website during the Voting Period shall initially be 50 votes, which may vary or be changed by Fund St. Louis from time to time and at any time. If your submission does not receive the minimum amount of votes to remain on the website, your submission will be removed from the website. Not all submissions that receive 50 votes will move on to the Funding Period. Your submission must win the most amount of votes during the Voting Period to move on the Funding Period. You can make minor adjustments and additions to your submission during the Voting Period, however, your submission will be deemed final if your submission moves on to the Funding Period (defined below). The submission receiving the most votes after the 30 day period will be reviewed by the Fund St. Louis marketing board and the marketing board will conduct a feasibility analysis (which might include, among others, factors such as the current economic market, local donations to similar causes, volunteer availability and willingness, and donated resources) and create a budget for the submission that won the most votes during the Voting Period. Fund St. Louis reserves the right to create a budget for more than one submission each month if a submission obtained a sufficient number of votes to move on to the Funding Period, provided however, Fund St. Louis shall have no obligation to create a budget for more than one submission each month, and such submission must have obtained a sufficient number of votes to move on to the Funding Period. After the Fund St. Louis completes its feasibility analysis and has created an estimated budget for the completion of a submission, then Fund St. Louis will re-post the submission to the website, with the estimated budget, and the 60-day funding period (the “Funding Period”) shall commence. During the Funding Period, a submission will collect donations to complete the project. If you submitted the winning submission, you will be required to make the first monetary donation to reach the project goal to complete the project, even if such donation amount is nominal. Our goal in requiring you to donate to your submission is to encourage behavior that demonstrates your commitment to your submission to other potential donors. Each project will only have the Funding Period to reach the budget goal and raise the total amount of the budget estimated by Fund St. Louis. If the project fails to receive sufficient donations during the Funding Period, the submission will be withdrawn from the website.

Voting, and Commenting on Project Submissions

If you 13 years old or above, you can vote or comment on project submissions. You do not have to be from St. Louis or live in St. Louis, but you must love St. Louis and want to make it better! Voting on a submission is limited to one vote per day, per person. You will be required to establish a user account by creating a User ID and password or using the social sign-in feature. You will be required to provide Fund St. Louis with certain personal information (which will be used in accordance with the Fund St. Louis Privacy Policy available at: http://www.rallystl.org/Home/PrivacyPolicy). All user accounts must be linked to a bona fide email address or social networking profile that you own and operate.

Funded Submissions

If a submission reaches the estimated budget during the Funding Period, then Fund St. Louis will lead the implementation and execution of the plan and budget to complete the project. Fund St. Louis might work with the individual or individuals who made the submission, but Fund St. Louis makes no guarantee that the individual or individuals who made the submission will be involved in the execution of the project (however they are required to make a monetary donation in the amount of their choosing). Fund St. Louis will manage volunteers and hired agencies, contractors, and/or other third parties to complete the project in accordance with the budget and the spirit of the submission. All decisions by Fund St. Louis as to how the projected will be implemented, executed, and completed shall be final. Any excess funds for a submission will remain deposited with Fund St. Louis to be applied to future projects. Fund St. Louis may elect to contribute additional funds to execute a project, in its sole discretion. Fund St. Louis may elect to pursue the implementation, execution, and completion of a project submission that did not reach its fundraising, estimated budget, goal, in its sole discretion.

Third Party Interaction and Links to Third Party Websites

In your use of this website, you may enter into correspondence with, purchase goods and/or services from, donate funds to, or participate in promotions of advertisers or members or sponsors of this website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Fund St. Louis has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Fund St. Louis and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.

This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Fund St. Louis. Such links do not constitute an endorsement by Fund St. Louis of any such websites. You acknowledge that Fund St. Louis is providing these links to you only as a convenience, and you agree that Fund St. Louis is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

You agree that Fund St. Louis shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that Fund St. Louis is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release Fund St. Louis, its agents, employees, successors and assigns, from any and all liability associated with such dispute.

Privacy

Fund St. Louis’s privacy policy is available at: http://www.rallystl.org/Home/PrivacyPolicy.

Rewards

Rewards and prizes received from this website constitute taxable income for purposes of federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from this website, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.

Blogs

The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of Fund St. Louis or any agent or employee of Fund St. Louis. Fund St. Louis is not responsible for the accuracy of any of the information supplied by bloggers. Fund St. Louis is not responsible for any offence caused inadvertently through interpretation of grammar, punctuation, or language. Bloggers must only use the English language.

Registration

You may view Content on the website without registering, but as a condition of using certain aspects of the website, you may be required to register with Fund St. Louis and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. Fund St. Louis reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website. You shall never use another User account without the other User’s express permission. You will immediately notify Fund St. Louis in writing of any unauthorized use of your account, or other known account-related security breach.

Donations

Joining Rally Saint Louis and making, voting, and commenting on project submissions is free. However, if you elect to support, by way of a pledge (donation) or other funding, a project submission, you must make your donation by using using the payment options provided. The payment will be collected by the credit card company or third party credit agency at the time you make your pledge during the Funding Period. If the project submission fails to receive sufficient donations during the Funding Period, Fund St. Louis will keep your donation with Fund St. Louis to be used for the benefit of and to enable future projects. The amount a user pledges is the amount the user will be charged. Users agree to have sufficient funds or credit available to ensure that their pledge amount will be collectible. Once you make your pledge, you will not be permitted to decrease or cancel your pledge. All funds pledged by you are collected by and through the credit card company or third party credit agency designated at the time you make your donation. Donations to a submission presented through the website shall be made by in accordance with the requirements established by the applicable credit card company or third party credit agency. All donations must be made in U.S. dollars. Please carefully review the payment requirements and payment process established by the applicable credit card company or third party credit agency. Fund St. Louis is not responsible for any actions by any credit card company or third party credit agency or any failure by such credit card company or third party credit agency to fulfill its obligations to you. Your credit card will be charged at the time you make your pledge.

Intellectual Property

By submitting a project idea and/or submission on the website, you agree to the following terms:

  • Fund St. Louis will not have any ownership rights over your submissions. All submissions become the property of the community. However, Fund St. Louis needs the following license to perform and market your submission on your behalf and on behalf of our other users and for Fund St. Louis. You hereby grant to Fund St. Louis the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the submission, (b) Fund St. Louis’ (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the submission; (iii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the submissions and Trademarks in connection with the website; and (iv) use and publish, and permit others to use and publish, your submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the submission and the website. The foregoing license grant to Fund St. Louis does not affect your other ownership or license rights in your project submissions, including the right to grant additional licenses to your project submissions.
  • You are publishing your project submission, and you may be identified publicly by your name or User ID in association with your submission.
  • You grant to each user a non-exclusive license to access your submissions through the website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions solely for personal, non-commercial use.
  • You further agree that your submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fund St. Louis all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your submission to the website or Fund St. Louis’ publishing or hosting of the submissions as contemplated by these Terms of Use.
  • Fund St. Louis shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your submissions.
  • All information publicly posted or privately transmitted through the website is the sole responsibility of the person from which that content originated.
  • Fund St. Louis will not be liable for any errors or omissions in any Content.
  • Fund St. Louis cannot guarantee the identity of any other users with whom you may interact while using the website.
  • All Content you access through the website is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act, Fund St. Louis has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. Fund St. Louis also may terminate user accounts even based on a single infringement.

Disclaimer of Warranties

Your use of this website is at your own risk. This website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the website. The materials, products offered, or Services offered have not been independently verified or authenticated in whole or in part by Fund St. Louis. Fund St. Louis does not warrant the accuracy or timeliness of the materials, product deliveries, or class times offered and ultimately available. Fund St. Louis has no liability for any errors or omissions in the materials, product offerings, or class schedules, whether provided by Fund St. Louis or third parties.

THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. FUND ST. LOUIS, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. FUND ST. LOUIS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF FUND ST. LOUIS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exception for EU citizens

IF YOU ARE RESIDENT IN THE EUROPEAN UNION, FUND ST. LOUIS DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NEITHER FUND ST. LOUIS, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this website may contain inaccuracies and errors. Fund St. Louis does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products or the cost to execute a submission offered through this website may change without notice to you at any time in Fund St. Louis’s or a third party’s sole discretion. Fund St. Louis or a third party shall have the right to refuse or cancel any orders placed for product listed at an incorrect price or placed for a donation to a submission if the cost to execute such submission is determined to be incorrect or inaccurate.

Local Laws; Export Control

Fund St. Louis controls and operates this website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Trademarks and Images

The trademarks, logos, and service marks, including those products denoted with ™ or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of Fund St. Louis, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, Fund St. Louis or its affiliate has obtained permission from such third party to use the third party Trademark and/or Image on this website. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Fund St. Louis, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the website and in its contents, except as provided in these Terms of Use, is strictly prohibited. You are advised that Fund St. Louis will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.

Terms of Use Revisions

Fund St. Louis may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of such revised Terms of Use.

Applicable Law

Any action related to these Terms of Use will be governed by the law of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website.

Indemnification for Unauthorized Activities

Submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Fund St. Louis and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.