Terms of Use - The Roddenberry Foundation

These terms of use  (“Terms”) apply to the website of The Roddenberry Foundation (“we,” “us”, “our”) located at http://www.roddenberryfoundation.org (the “Website”).  In addition to the Content (as defined below) on the Website, the Website provides you with various opportunities to apply to participate in our programs (the “Programs”).

By using our Website and applying for or participating in our Programs, you are accepting the practices described in these Terms.  You may be asked to agree to additional terms when you apply for one of our Programs, which are incorporated by reference into these Terms.

THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THE CONTENT, OR THE PROGRAM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.  IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

You may need to create an account to have access to certain portions of the Website, including your Program applications.  In order to create a valid account, you must: (a) provide true, accurate, current and complete information about yourself (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Roddenberry Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Roddenberry Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).  You are entirely responsible for the security and confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Website.

The Roddenberry Foundation encourages members of the public to submit ideas, proposals and related content in connection with applications to its Programs (“User Submissions”).  User Submissions remain the intellectual property of the individual user.  We do not take any ownership rights over your ideas or supporting material.  However, when you submit User Submissions through the Website, you are granting us a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, publish, translate, create derivative works from, distribute, transmit, perform and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, for promotion, advertising, marketing, merchandising, and publicity relating to The Roddenberry Foundation and your participation in the Program.  Any such User Submissions are deemed non-confidential, and The Roddenberry Foundation shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

You represent and warrant that your User Submissions are wholly original to you and you have all rights and permissions necessary to submit your User Submission.  You are prohibited from submitting any unlawful, defamatory, libelous, or any other material that could give rise to civil liability, or otherwise violate any law.  The Roddenberry Foundation may reject any submissions or postings in which The Roddenberry Foundation believes, in its sole discretion, that any such activities have occurred.  

Ownership of Website Content. The Website, and all material published on or accessible through Website, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, software, plug-ins, and other materials (together “Content”) is owned by The Roddenberry Foundation or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights.  The Roddenberry Foundation owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Website.  All trademarks, logos, service marks, trade names, and trade dress (“Marks”) appearing on the Website, are proprietary to The Roddenberry Foundation or its licensees.  You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded from the Website.  You agree not to copy, publish, sell, create derivative works of, or in any way exploit, the Website or any of the Marks or Content, in whole or in part, except as set forth in this Section.

Use of Website Content. You may access Content solely for your information and personal use provided that users:

Any user who re-transmits, redistributes, or otherwise uses Content outside of the scope of these Terms shall be solely responsible for any violations of copyright, proprietary or other personal right including libel, slander, or any other personal injury arising out of his or her use of such Content.

No Other License Granted. Except for allowing you to use the Website for your use as set forth in the paragraph above, when you use the Website you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of The Roddenberry Foundation.

In accessing and using the Website, you agree that you will not:

From time to time, this Website may contain links to websites that are not owned, operated or controlled by The Roddenberry Foundation. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Neither The Roddenberry Foundation nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.

Your use of this Website is at your risk.  The Content provided on or through this Website is provided “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.  The Roddenberry Foundation does not warrant the accuracy or completeness of the Content provided on or through this Website. The Content provided on or through this Website may be out of date, and The Roddenberry Foundation does not make any commitment or assume any duty to update such Content.  The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.  

The Roddenberry Foundation does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website.  We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control.

In no event will The Roddenberry Foundation, or any of its officers, trustees, directors, employees, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any Websites linked to this Website, or the materials, information or services contained on any or all such Websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that The Roddenberry Foundation shall not be liable for User Submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In no event shall The Roddenberry Foundation’s total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed twenty-five dollars ($25.00).

You agree to defend, indemnify, and hold The Roddenberry Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your the use of the Website; (b) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; or  (e) any claim or damages that arise as a result of any User Submission that you provide to The Roddenberry Foundation.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason.

It is The Roddenberry Foundation’s goal that the Website and the Programs meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, The Roddenberry Foundation is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue.  Therefore, for any problem or dispute that you may have with The Roddenberry Foundation, you acknowledge and agree that you will first give The Roddenberry Foundation an opportunity to resolve your problem or dispute.  This includes you first sending a written description of your problem or dispute using the following email address: info@roddenberryfoundation.org

You then agree to negotiate with The Roddenberry Foundation go in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after The Roddenberry Foundation’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

NOTE: THE REST OF THIS SECTION DOES NOT APPLY IN CIRCUMSTANCES IN WHICH THE LAWS APPLICABLE IN THE RELEVANT JURISDICTION PROHIBIT ITS APPLICATION.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of Website, these Terms, or the Programs shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate The Roddenberry Foundation’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by The Roddenberry Foundation and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these terms of use (despite any other choice of law provision).

Arbitration shall be conducted by the American Arbitration Association (the “AAA“). For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with The Roddenberry Foundation as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, The Roddenberry Foundation agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH YOUR CLAIM, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO info@roddenberryfoundation.org . Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these terms.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, THE DOMAIN, OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE RODDENBERRY FOUNDATION BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to the Website, these Terms or the Programs, be instituted more than one (1) year after the cause of action arose.

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these terms of use an any additional terms at any time.  We will provide notice of any material changes on this Website.  Please review this page and any additional terms periodically for changes. If at any time you do not accept these changes, please discontinue use of this Website.

Survival. The provisions under the following Sections will survive termination of this Agreement for any reason: Submission Policy; Proprietary Rights; Disclaimers; Limitation on Liability; Dispute Resolution/Arbitration; Indemnity; General.

Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Jurisdictional Issues / Governing Law and Venue. Any claim relating to, and the use of, this Website, the Content, these terms or Programs is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of Los Angeles. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement; No Waiver. These Terms (including any additional terms constitutes the entire agreement between you and The Roddenberry Foundation regarding the use of the Service.  The Roddenberry Foundation’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  These Terms shall inure to the benefit of you, The Roddenberry Foundation and the applicable airline and their heirs, administrators, successors and assigns.

Notices. The Roddenberry Foundation may give legal notice to you by means of a general notice on the Website or electronic mail to the email address on your account. All legal notices given by you shall be

mailed to:

THE RODDENBERRY FOUNDATION

11526 Burbank Boulevard, North Hollywood, CA 91601 

info@roddenberryfoundation.org