This User Agreement ("Agreement") with Your School Spirit ("we," "us" or
"our") applies to use of the YourSchoolSpirit.net website ("Website"). In this
Agreement, "you" or "your" means any person or entity using the Website. By
checking the consent box on the registration page or using the site, you agree
to the terms and conditions of this Agreement.
1. USE OF SITE.
(A) You can use the Website to make donations to any school registered on
YourSchoolSpirit.net or any organization that your school has registered.
(B) School Announcements – Schools registered with YourSchoolSpirit.net have the
option, at their own discretion, of putting announcements on the site. This is a
free service to the schools and only authorized personnel may submit
announcements. This site is not responsible for the content of any announcements
nor do we dictate in any way what announcements schools should place or not
place on the site.
(C) Classified Ads – As a member of the Site, you may place classified ads on
the site free of charge. Unless you delete your announcement it will stay online
for 90 days or, until the “event” has passed. You may edit your ads at any time.
If you place an ad that we deem “inappropriate” that ad will be
immediately deleted and your membership may, at our sole discretion, be
terminated.
(D) School Lunch – We provide a link to www.schoolpassport.com. Through this
service you can pay for your child’s school lunch online. This link is simply
provided as a convenience to our members. We have no further affiliation with
this organization. School Passport does charge a small transaction fee.
Please be aware of what these charges are so you can make informed decisions
regarding their services.
(E) Contests – YourSchoolSpirit.net hosts periodic contests on the site. Each
contest is different and there is no cost to enter. Any instructions regarding
the contest will be posted on the website.
(F) Video of the Week – As a member, you can submit your home videos to our
video of the week contest. If your video is chosen to as Video of the Week, you
will receive a cash prize. By submitting your video to us, you warrant that the
video is your own and give permission for Your School Spirit to use the video at
any time. We will never sell the video to anyone.
(G) Birthdays – The Birthday Marquee will automatically display a Happy Birthday
greeting on your child’s birthday. If you enter your child’s birthday on the
Member Registration form, there is nothing more you need to do to enjoy this
service. If you prefer not to have your child receive the birthday greeting, do
not enter those dates on the registration form.
(H) Retail Advertisements – Retailers and local businesses are invited to buy
ads on the site. A major portion of the funds collected from these ads will be
divided equally among the local schools. These ads may contain links to the
advertiser’s own website. We reserve the right to allow only those
advertisements that we deem appropriate on the site. This decision will be ours
alone. This is a family website and we will not allow any advertisements on the
site that are not appropriate for all age groups. We do our best to keep our
links current but if you find a broken or missing link, or if you have a concern
about an advertisement, please contact us at feedback@yourschoolspirit.net
(I) Outside the Classroom – Offered as a service to members and teachers.
Teachers have the option to participate by uploading documents if it will help
them communicate better with their students and their families.
2. PASSWORDS.
You will receive a user password to use YourSchoolSpirit.net. This password may
be used by anyone in your immediate family. You shall be responsible for
protecting the confidentiality of the user password and should not permit any
other person to use your password.
3. DONATIONS TO SCHOOLS.
(A) You may make donations by using a credit or debit card. Donations are
completely optional. If you choose not to make a donation it will have no impact
on your access to the site or your qualification for contest winnings. Any
donation you make is completely tax deductible.
(B) Donations gathered for your school will be sent to them at least once each
month. Use of donations at your selected school/organization is governed
exclusively by the school/organization, we are not responsible for the school's
handling of donations after the funds are received by the school nor will we
interfere with the legal use of these funds.
(C) Donations will be processed promptly for your schools use. However, a number
of factors, several of which are outside of our control, will contribute to when
the funds are received by the school. We make no representations or warranties
regarding the amount of time needed to complete processing, such as delays in
the banking system or the U.S. mail service. If you have any questions regarding
your donations, please contact us at feedback@yourschoolspirit.net.
(D) When you make a donation to your school, a small credit card fee will be
charged. We add these fees to your donation rather than deducting them from your
donation to allow your school to receive the full amount of your donation. These fees will be required for each donation you
make.
4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(A) The use of this site is provided on an "as is" and "as available" basis. We
make no warranty and disclaim liability that the site will be uninterrupted,
error free or free from viruses or other defects or harmful components, nor do
we make any warranty as to the results that may be obtained from use of, or as
to the accuracy, reliability or content of any information or service provided
through the site. We make no warranties of any kind, either express or implied,
including, but not limited to, warranties of title, noninfringement,
merchantability or fitness for a particular purpose.
(B) This disclaimer of liability applies to any claims, losses, actions, damages
or injury resulting from any failure of performance of the site, error,
omission, inaccuracy, interruption, defect, untimeliness or unauthenticity of
any information, delay or interruption in operation or transmission,
interception of traffic sent or received, communication line failure, security
breach, eavesdropping, theft or destruction or unauthorized access to,
alteration of, or use of information, or the use of the Site.
(C) In no event will we be liable for any punitive damages, or any indirect,
incidental, special, consequential or similar damages arising out of the use of
or inability to use the Site.
(D) Any questions, disputes or general feedback should be addressed directly to
us at feedback@yourschoolspirit.net.
5. PRIVACY.
We may collect information about you and your use of the site. This information
will only be used to enhance your experience on of the site. Your information
will never be sold or rented to anyone.
6. INFORMATION SECURITY.
We work with Authorize.net to keep your information safe. Information security
is critical to their business. They work to protect the security of your
information during transmission by using Secure Sockets Layer (SSL) software,
which encrypts information you input. They store information gathered on secure
computers located in a locked data center. The number of employees involved in
the management of the data center that have physical access to these computers
is limited. They use firewalls and other security technology to prevent our
computers from being accessed by unauthorized persons.
They also require that any personally identifiable consumer information sent to
them by you be encrypted using SSL encryption.
It is important for you to protect against unauthorized access to your Login
ID/password and to your computer. Be sure to sign off when finished using a
shared computer and otherwise protect the password used to access the
Authorize.Net services.
7. TERMINATION.
(A) We reserve the right to immediately terminate your
membership without notice, including but not limited to if you engage in any
conduct which we, at our sole discretion, consider to be unacceptable, or if you
breach this Agreement. Sections 6, 7, 8, and will survive termination of this
Agreement.
(B) Businesses offering ads on the site have the opportunity to place ads on a month to month basis or subscribe for a 6-month or 12-month term with the option of automatic renewal. If a business chooses to terminate their ad before your subscription has ended YourSchoolSpirit must be notified, in writing. As a courtesy to our customers, YourSchoolSpirit will not penalize a business for this and the ad will be cancelled at the end of the current billing cycle.
8. TRADEMARKS.
"Your School Spirit," our logo, Your School Spirit.net and all related logos,
products and services described in the Website are trademarks or registered
trademarks of ours.
The Website is our property and may contain copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound. The content, and the selection,
coordination, arrangement and enhancement of such content, are our property. You
may not modify, publish, transmit, distribute, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the content, in
whole or in part.
9. LINKS TO OTHER WEBSITES.
We may provide links on our web site to other websites which are not under our
control. In general, any Web site which has an address (or URL) which does not
contain "YourSchoolSpirit.net" is such a website. These links are provided for
convenience only and are not intended as an endorsement by us of the
organization or individual operating the Web site or a warranty of any type
regarding the web site or the information on the website.
10. INDEMNIFICATION.
You agree to defend, indemnify and hold us, and our affiliates, and our and
their respective officers, employees, agents and contractors, harmless from and
against all claims, expenses and damages, including reasonable attorneys' fees,
arising out of or resulting, directly or indirectly, from any act or omission by
you or with respect to YourSchoolSpirit.net
11. MISCELLANEOUS TERMS.
(A) Entire Agreement.
This Agreement, other agreements, policies and any operating rules posted on the
Website constitute the entire agreement between you and us with respect to your
use of the Site, and supersede all previous written or oral agreements between
the parties with respect to such subject matter.
(B) Change in Terms.
We reserve the right at any time to change, add to or delete any aspect or
feature of the Site and the terms and conditions of this Agreement, including,
but not limited to, with respect to fees for use. We will provide notice of any
such changes by posting notice to the Website or as otherwise required by law.
Any use of the site by you after such notice shall be deemed to constitute
acceptance by you of such changes.
(C) Applicable Laws.
This Agreement is governed by the laws of the State of Virginia without regard
to its conflict of laws provisions.
(D) Waiver.
Any waiver of our rights must be in writing and signed by us. No waiver of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.