Terms of Use

Effective Date: April 19 , 2013

This website (the “Site”) is administered by the Stephen A. Schwarzman Education Foundation (the “Foundation”).  These Terms of Use are an agreement between the Foundation and you and govern your use of the Site and any information you view on the Site or submit to or through the Site.  Please note that these Terms of Use apply only to www.SchwarzmanScholars.org and not to any other websites to which this Site links.  If you do not agree to these Terms of Use, please do not use the Site.

 

1. Our content

All information, text, images, videos and other content on this Site (the “Content”) are the intellectual property of the Foundation or certain third parties and are protected by copyright and other intellectual property laws.  You do not acquire any interest in any Site Content by virtue of using the Site.  The Foundation grants you solely a personal, non-exclusive license to download and make limited copies of relevant Content, such as a copy of the scholarship application form, solely for your internal use consistent with the Site’s purpose.  You may not harvest, scrape, collect, download or print large portions of Content from the Site.  Any copies of Content from the Site must bear the proper copyright notice (e.g., © 2013 Stephen A. Schwarzman Education Foundation.  All rights reserved.).

 

2. Login and passwords

You will have to create a user name and password and/or create a profile to access certain features of the Site (such as scholarship applications).  You may not share your user name or password with others or allow others to use them, and you must provide complete and accurate information to us at all times in the registration process.  If you violate the foregoing provision, we have the right to suspend or terminate your access to the Site and/or your participation in our scholarship application process.

 

3. Submitting Your Content

The Foundation welcomes your comments on our Content and/or other content that you choose to submit to the Site.  Please be advised that, by submitting or posting Content to or through the Site, you grant the Foundation a non-exclusive, paid-up, sublicensable, assignable license to use and exercise all intellectual property rights in such Content in connection with the Foundation’s authorized activities.  Further, the Foundation will not treat your Content as confidential, except for any scholarship application materials you submit to us.

 

4. Use of the Site

You agree to the following with respect to your use of the Site:

  • You represent and warrant that all Content submitted or uploaded by you, including applications you submit:  (i) is accurate and does not violate or infringe the intellectual property or privacy rights, or any other laws or contractual or legal rights of any other person; (ii) does not contain any virus, malicious computer code or similar item; and (iii) is not defamatory, obscene, threatening, hateful, pornographic, violent, or otherwise objectionable.
  • You will not: (i) do anything to disable or overburden the Site or impair its function; (ii) use automated means to access the Site; (iii) send spam or other unauthorized advertisements or solicitations through the Site; (iv) solicit private information from users of the Site; (v) use this Site in violation of any law or regulation or in any manner that could expose the Foundation or users of the Site to harm or liability; (vi) frame this Site within your own (or “deep link” to any pages other than its home page); (vii) “hack” or have or attempt unauthorized access to the Site or any data related to the Site or its users; or (vii) attempt or assist anyone else to do any of the foregoing.

We have the right (but not the obligation) to monitor the Site for your compliance with the foregoing and suspend or terminate your access to and use of the Site for any non-compliance with the above or for any other reason.

 

5. Privacy policy

Our Privacy Policy is part of these Terms of Use and is incorporated herein.

 

6. Linked sites

We do not endorse or control the content on any websites linked to the Site.  You visit any website linked to this Site at your own risk, and are subject to the privacy policies and terms of use of any such sites.

 

7. No warranties/disclaimer

The Site is provided to you on an “as is” basis, without any representation or warranty of any kind, express or implied, and the Foundation expressly disclaims same, including any implied warranties of title, non-infringement, security, accuracy, fitness for use, absence of viruses or other harmful code.  The Foundation does not represent or warrant that you will be able to obtain a scholarship or any other benefit through your use of this Site, and you submit content to this Site solely at your own risk.  If you access this Site from outside the U.S., you are responsible for compliance with any local laws.

 

8. Indemnification

You agree to indemnify, defend and hold harmless the Foundation and its affiliates and our respective officers, directors, employees, agents and representatives from and against any and all losses, damages, liabilities, claims, obligations, fees and costs (including attorney’s fees) relating to your breach of the representations, warranties and covenants in these Terms of Use.

 

9. Damage limitation

To the fullest extent allowed by law, the Foundation is not liable to you for any special, consequential, incidental or punitive damages, including damages for lost profits or business interruption, relating to your use of the Site.

 

10. Copyright

The Foundation respects the intellectual property rights of others.  If you believe your copyright has been infringed on the Site, you may notify our designated Copyright Agent by sending a notice containing the following:

  • An electronic or physical signature of the copyright owner or a person authorized to act on its behalf;
  • Identification of the infringed work;
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
  • The address, telephone number, and, if available, email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is the copyright owner or is authorized to act on behalf of the owner.

Our designated Copyright Agent is:

641 Lexington Avenue, 23rd Floor | New York, NY 10022
Attn: Amy Stursberg
Phone: 646.313.6500
Email: Stursberg@schwarzmanscholars.org

When we receive such a notice, we may, at our discretion, remove or disable access to the allegedly infringing material and/or suspend or terminate the access of the infringing user.  If we remove or disable access to material, we will make a good-faith attempt to contact the person who submitted it, so he or she may make a counter notification pursuant to 17 U.S.C. § 512(g)(2) & (3).  If we receive such a counter notification, we may reinstate the material. To file a counter notification, you must provide a written notice to our above Copyright Agent that does the following:

  1. Provides your name, address, telephone number, email address.
  2. Provides a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
  3. Identifies the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (i.e., the specific URLs or other unique identifying information).
  4. States under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  5. Provides your physical or electronic signature.

 

11. Taxes

Distributing scholarship funds may have tax consequences at the federal, state, and local levels under United States law or the law of your jurisdiction. We urge you to consult with your tax advisor before applying for or accepting scholarship funds.  It is your responsibility to determine the tax consequences of actions you take and to comply with all governing laws.

 

12. Beneficiaries/amendments

There are no third-party beneficiaries of these Terms of Use. We may amend these Terms of Use at any time.  Each time you return to the Site, you are bound by the then-current version of these Terms of Use.  If you do not want to be bound by any amended version of these terms, do not use the Site at such time.

 

13. Governing law/venue

These Terms of Use and your use of the Site are governed by New York law. Any dispute between us relating to these Terms of Use or your use of this Site shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City.

 

14. International use

These Terms of Use are intended to comply with the laws and regulations of the United States, and we make no claim that the Site is appropriate or lawful for use or access outside the United States.  Furthermore, the database in which our information is stored, including PII you submit for any purpose, is located in the United States.  If you access the Site from outside the United States, you do so at your own risk.  You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access.  By sending us your data for any reason, including in the form of scholarship application materials, you consent to transfer to and storage within the United States.

 

15. Legal notices

If you have any questions or issues with respect to these Terms of Use (other than complaints of copyright infringement), please contact us as set forth below.

Address for Legal Notices

641 Lexington Avenue, 23rd Floor | New York, NY 10022
Attn: Amy Stursberg
Email: Stursberg@schwarzmanscholars.org