Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING SOUTH DAKOTA STATE UNIVERSITY FOUNDATION'S WEBSITE

Terms and Conditions

Your use of this website and the products and services offered and supplied via this website (referred to collectively as the “Services” in this document), is subject to the following legal terms and conditions, which are effective and binding between you and South Dakota State University Foundation. Use of South Dakota State University Foundation website includes accessing, browsing, or registering to use South Dakota State University Foundation website. Please read these terms and conditions carefully before you start to use South Dakota State University Foundation website, as these will apply to your use of South Dakota State University Foundation website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access South Dakota State University Foundation website or use any other of the Services. South Dakota State University Foundation recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.

South Dakota State University Foundation website is provided by South Dakota State University Foundation third party service provider, Sponsorcraft Ltd, and these terms and conditions operate between you and South Dakota State University Foundation only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third party rights which Sponsorcraft Ltd may enforce under this contract. Your attention is drawn to the paragraph immediately below and the paragraphs entitled “Fundraising” and “Payments and fees”.

Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which South Dakota State University Foundation website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and South Dakota State University Foundation no responsibility whatsoever for such usage.

The terms and conditions set out in this document form a legally binding agreement between you and South Dakota State University Foundation in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. These Terms, and the contract between you and South Dakota State University Foundation, are only in the English language. South Dakota State University Foundation considers that these Terms, together with South Dakota State University Foundation Privacy Policy, and any other terms relating to fees or other matters which are agreed to in writing by you and South Dakota State University Foundation, constitute the whole agreement between you and South Dakota State University Foundation.

Accepting the Terms

In order to use the Services, you must firstly agree to the Terms. By using the Site, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Site or otherwise use the Services. You can accept the Terms by actually using the Services. Accordingly, you understand and agree that South Dakota State University Foundation will treat your use of the Services as acceptance of the Terms from that point onwards. The Services are offered subject to your acceptance of the Terms, which also incorporate the Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by South Dakota State University Foundation, each of which is incorporated by reference and each of which may be updated by South Dakota State University Foundation from time to time without notice to you. In the event of any inconsistency or conflict between the terms, the Privacy Policy, and/or any other terms relating to fees or other matters which are agreed to in writing by you and South Dakota State University Foundation, the Terms shall have priority.

The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. South Dakota State University Foundation reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with South Dakota State University Foundation; (b) you are not normally resident in the UK or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws of England and Wales or any other countries including the country in which you are resident or from which you use the Services.

Changes to the Terms

South Dakota State University Foundation reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that South Dakota State University Foundation may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

Conduct

You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to a Project. You are responsible for all of your activity in connection with the Services.

Under the Terms you are prohibited from taking any action in relation to your use of the Services which:

  • infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
  • is false, misleading or inaccurate;
  • is obscene, offensive, or unlawful in any way;
  • constitutes spam, junk mail or advertising which has not been authorized in writing by South Dakota State University Foundation; results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or impersonates any person or entity, including any employee or representative of South Dakota State University Foundation.

Additionally, you agree not to:

take any action that imposes or may impose (as determined by South Dakota State University Foundation in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure; engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack; access (or attempt to access) any of the Services by any means other than through the interface that is provided by South Dakota State University Foundation via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with South Dakota State University Foundation. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.

If you breach this provision, you may be committing a criminal offence. South Dakota State University Foundation will report any such breach to the relevant law enforcement authorities and South Dakota State University Foundation will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

South Dakota State University Foundation does not guarantee that any Content will be made available on or through the Services. South Dakota State University Foundation has no obligation to monitor the Services or content. However, South Dakota State University Foundation reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if South Dakota State University Foundation is concerned that you may have violated the Terms).

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

Payments and Fees

All donations are collected via Stripe. Neither South Dakota State University Foundation nor Sponsorcraft Ltd is responsible for the performance or fairness of Stripe.

The Stripe Service (debit / credit card payments) is a payment service which allows South Dakota State University Foundation to accept and process credit card, debit card and other types of card payments from their donors.

Third party websites

The Services may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that South Dakota State University Foundation is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that South Dakota State University Foundation provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by South Dakota State University Foundation. Furthermore, you acknowledge and agree that South Dakota State University Foundation shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.

Linking to the Site

You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage South Dakota State University Foundation reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on South Dakota State University Foundation part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. South Dakota State University Foundation reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact OneDayforSTATE@sdstatefoundation.org

Content

You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to South Dakota State University Foundation (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sponsorcraft Ltd or by the owners of that Content, in a separate agreement.

South Dakota State University Foundation reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that South Dakota State University Foundation has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sponsorcraft Ltd may suffer) by doing so. In particular, South Dakota State University Foundation will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to South Dakota State University Foundation and indemnify South Dakota State University Foundation for any breach of that warranty. This means you will be responsible for any loss or damage which South Dakota State University Foundation suffers as a result of your breach of warranty.

No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site.

The views expressed by other users on the Site do not represent South Dakota State University Foundation views or values.

Copyright issues

You must not reproduce our logo or intellectual property without our express written permission.

If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us either by post to South Dakota State University Foundation, or by email at OneDayforSTATE@sdstatefoundation.org.

Intellectual property rights

You agree to South Dakota State University Foundation (and others permitted by South Dakota State University Foundation to act on its behalf) doing the following in connection with the provision of the Services:

using and performing the Services on your behalf (including but not limited to displaying, utilising and promoting the Content together with any other such information as is required in order for the Services to function effectively); allowing others to utilise the Content as part of the Services; and publishing, and permitting others to publish, the name(s), trademarks, and details of you and the other Creators involved in your Projects.

You hereby agree to South Dakota State University Foundation using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.

Warranty Disclaimer

You agree and acknowledge that South Dakota State University Foundation has no special relationship with or fiduciary duty to you. You acknowledge that Sponsorcraft Ltd cannot control, nor has it any obligation to act in relation to:

the way in which you utilize the Content; what Content you access via the Site; the impact the Content may or may not have on you; which users gains access to the Site; or what actions you may take as a result of having been exposed to the Content. You agree that South Dakota State University Foundation is not liable for you having acquired or not acquired Content through the Site. South Dakota State University Foundation does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. South Dakota State University Foundation may suspend, withdraw, discontinue or change all or any part of the Site without notice. South Dakota State University Foundation will not be liable to you if for any reason the Site is unavailable at any time or for any period. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. South Dakota State University Foundation, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.

Limitation of Liability

Nothing in these Terms excludes or limits South Dakota State University Foundation liability for death or personal injury arising from South Dakota State University Foundation negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

You agree not to use the Site for any commercial or business purposes, and South Dakota State University Foundation has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

South Dakota State University Foundation is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of South Dakota State University Foundation breach of the Terms or if it was contemplated by you and South Dakota State University Foundation at the time we entered into this contract. South Dakota State University Foundation shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

Use of, or inability to use, the Site; use of or reliance on any Content displayed on the Site; data loss, cost of procurement of substitute goods or services, consequential damages of any kind whatsoever, substitute goods or services (however arising); or a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Customer service

If you wish to make an inquiry or complaint, you can do so by post at South Dakota State University Foundation, or by email at OneDayforSTATE@sdstatefoundation.org

Governing Law

The Terms, and your relationship with South Dakota State University Foundation under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by English law. You and South Dakota State University Foundation agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that South Dakota State University Foundation shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Effective Date: 27 March 2017