Terms of Service
Terms of Use
1. GENERAL
a) These Website Terms of Use (“Terms of Use” or “Agreement”) is a legal contract between you and SCTE Foundation, Inc. (“SCTE Foundation,” “our,” “we”) that governs your use of and access to https://sctefoundation.org/ (the “Site”). When you choose to use or access the Site and/or the functionality provided on the Site (collectively, the “Services”), you are agreeing to all of the terms and conditions of this Agreement between you and SCTE Foundation.
b) SCTE Foundation shall have the right, at its discretion, to change, modify, add or remove terms of this Agreement at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
c) The Services are not intended for users under the age of 13, and SCTE Foundation does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Services. Any information submitted by such users will not knowingly be used, posted, or retained by us.
d) YOUR CONTINUED USE OF THE SERVICES NOW OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE, WILL INDICATE YOUR ACCEPTANCE THEREOF.
e) SCTE Foundation may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. SCTE Foundation may also impose limits on certain features and Services or restrict your access to parts or all of the Services provided without notice or liability.
2. CONTENT; COPYRIGHTS; TRADEMARKS
a) All of the information, content, services and software displayed on, transmitted through, or used in connection with the Services, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Services, and including the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”), are: Copyright © 2024 SCTE Foundation, 140 Philips Road, Exton, PA, U.S.A., or third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
b) All Content is protected by copyright and owned or controlled by SCTE Foundation or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. If you have any questions about whether your Content is protected by copyright and the steps to take to secure a registration of a copyright in your Content you should consult with an attorney. To the extent that copyright protection exists in your Content, you will retain ownership on such copyright when you submit Content to our site, subject to certain licenses granted to us and/or parties who wish to use your Content, as more particularly described herein.
c) Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable, right solely for you to access and use the Services (including the Content) solely for your personal, non-commercial, use and only in the United States of America. You may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Other than as expressly provided in this Agreement, no other use is permitted.
d) You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from SCTE Foundation.
e) In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
f) The Content includes logotypes, trademarks and service marks owned by SCTE Foundation and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by SCTE Foundation.
g) Requests to use the Content for any purpose other than as permitted in this Section 2 should be directed to the appropriate SCTE Foundation publisher; if you are unsure, please contact hello@SCTEFoundation.org.
3. SUBMISSIONS AND USER-CREATED CONTENT
a) You are solely responsible for the Content you submit to the Services.
b) You represent, warrant and covenant that all Content you submit to the Services (i) are owned or otherwise controlled by you, (ii) are accurate, (iii) do not violate these Terms of Use or any other third party agreement, (iv) will not cause injury to any person or entity, (v) will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (vi) do not contain libelous or otherwise unlawful material.
c) Unless otherwise agreed by the parties in writing, you acknowledge that any Content you submit to the Services may be edited, removed, modified, published, transmitted, and displayed by SCTE Foundation, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights (as that term is understood in copyright law) you may have in having the Content altered or changed in a manner not agreeable to you.
d) Unless otherwise agreed by the parties in writing, by submitting Content to the Services, you hereby grant to SCTE Foundation, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant SCTE Foundation the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you. such Content (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
e) Anything in this Section 3 to the contrary notwithstanding, all such uses of the Content shall be attributable to you, unless you indicate in writing at the time of posting the Content that you do not wish attribution. You understand and agree that we shall not be liable in any way whatsoever for the inadvertent failure to attribute Content to you or the failure of any of our members to attribute Content to you.
f) You understand and agree that others may use your Content and therefore license all of our present and future site visitors and herby grant to such site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in the paragraph g) below.
g) The Content posted by others on our Site is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content except as specified below. In this regard, you may only make (a) one machine readable copy, (b) on backup copy and (c) one print copy of the pages in the Site. You acknowledge and agree that all other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes. All other rights are reserved.
h) Apart from those designated sections of our Site that provide for user submissions of Content, SCTE Foundation, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication. SCTE Foundation, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.
4. INTERACTIVE AREAS; POSTING RULES
a) The Site may contain bulletin boards and other such interactive areas, which are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of the Site and the volume of messages and postings, we cannot and do not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
b) We reserve the right, but not the obligation, to monitor all postings and to remove or alter any Content which, in our sole and absolute discretion, constitutes a misuse thereof these and may restrict, suspend or terminate your use of the Services where we believe that there has been such a misuse. Due to the global nature of the Internet, you hereby agree to comply with any applicable rules regarding the export of any data from any country. Without limiting this right, we have attempted to provide below guidelines to those posting content on our Site. A violation of certain of these posting rules may be referred to law enforcement authorities. When using the Site, please do not post material that:
i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
ii) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii) violates any right of SCTE Foundation or any third party; or
iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
viii) uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
ix) uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of Use; or
x) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; or
xi) uploads or transmits viruses or other harmful, disruptive or destructive files; or
xii) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
xiii) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
c) Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. We shall not be liable for the use or misuse of any information or data, including personal information that is included in your posted Content.
d) We are not responsible for maintaining your posted Content and we may delete or destroy it at any time in our absolute and sole discretion with no liability or obligation to you of any sort.
5. USE OF REGISTRATION DATA
a) Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to register for SCTE Foundation events, or subscribe to SCTE Foundation publications. When you use or visit the Services or provide information to the Services in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
b) If you use or visit the Services, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name in whole or in part. SCTE Foundation reserves the right to terminate the use by and deny access to the Site to any person who violates this Terms of Use.
c) You agree that any registration data you provide may be shared by SCTE Foundation with select third party business partners, consistent with our current Privacy Policy. SCTE Foundation shall inform its partners if you state a preference not to be contacted. However, SCTE Foundation shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloses your registration data to any third party.
d) You agree that SCTE Foundation, its business partners, or their designees may disclose registration data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: (i) you have registered to receive any third party products or services, or have otherwise authorized such disclosure; or (ii) such disclosure is required by law or legal process.
6. USERNAME AND PASSWORD
You agree to (i) immediately notify SCTE Foundation of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. SCTE Foundation cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at SCTE Foundation’s sole discretion, and SCTE Foundation may refer you to appropriate law enforcement agencies.
7. LINKS
a) The Site may contain links to other related Internet sites, resources, and our sponsors. Your dealings or communications through the Site with any party other than SCTE Foundation are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site’s administrator.
b) If you operate a web site and wish to link to the Site, you may link either to our home page https://sctefoundation.org or to any other page or sub-domain of the Site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
8. REPRESENTATIONS AND WARRANTIES
a) You expressly agree that use of the Services is at your own risk. Neither SCTE Foundation, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Services, the Content or the results that may be obtained from use of the Services.
b) None of SCTE Foundation, their affiliates, employees, agents, content providers and licensors shall be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Services or its content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, or any interruptions, delays in transmission or computer viruses.
c) SCTE Foundation is a distributor with regard to content supplied by third-party suppliers and users and, as such, we have no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of SCTE Foundation. SCTE Foundation does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
D) You will comply with all laws and regulations that directly apply to your business, your donation (if applicable), and your performance of your obligations under this Agreement, including, but not limited to, laws and regulations regarding donations, tax, money laundering, anti-corruption; local, state, federal, foreign, and international data protection and privacy laws, and the U.S. Foreign Corrupt Practices Act.
9. DONATIONS
a) You must provide a valid payment method to donate using the Services. By providing your payment card information, you agree that we (through its third-party payment service providers) are authorized to charge your payment card for the full amount of any donations you agree to make (including, if you elect to cover the transaction fee, the transaction fee) using the Site and that no additional notice or consent is required for such charges. You agree to notify us of any change in your billing address or payment account information used for payment hereunder. We will issue you a receipt for your charitable contribution as a US 501(c)(3) nonprofit.
b) If, after a donation has initiated, your donation is thereafter rejected or reversed for any or no reason, including payments made in error, credit card chargebacks, refund requests, suspected or actual fraud, in whole or in part, you will be liable to refund such rejected donation amount in full to us. You hereby authorize us to deduct any such amount and any directly related out-of-pocket expenses and reasonable administrative costs incurred by it in this context from your account (if applicable). If this is not possible, you are liable for reimbursing us, and such amount shall be treated as a debt.
c) If you would like to cancel a recurring donation, you may do so at any time by contacting us at hello@SCTEFoundation.org. If the details of your recurring donation change, we will notify you and obtain your instructions prior to charging your next recurring donation payment.
10. INTERNATIONAL USERS
The Site is controlled, operated and administered by SCTE Foundation from its offices within the United States. SCTE Foundation makes no representation that materials or Content available through the Services are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Services or export the Content in violation of U.S. export laws and regulations. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.
12. INDEMNITY/LIMITATIONS OF LIABILITY
a) As a condition of use of the Services, you agree to indemnify, defend and hold harmless SCTE Foundation, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys’ reasonable fees, arising from or relating to any allegation regarding (i) your use of the Site and/or Services, (ii) SCTE Foundation use or distribution of any content or information you provide, (iii) information or material posted or transmitted through your account, even if not posted by you, (iv) your violation of law or regulations related to or arising from your use of the Services, and (iv) any violation by you of these Terms of Use.
b) You shall cooperate as fully as reasonably required in the defense of any such claim. SCTE Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
c) Under no circumstances, including negligence, shall SCTE Foundation, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that SCTE Foundation is not liable for any conduct of any user.
d) If you are dissatisfied with any SCTE Foundation material, or with any of SCTE Foundation’s terms and conditions, your sole and exclusive remedy is to discontinue using the Services.
13. DISCLAIMER
ALL MATERIALS AND SERVICES IN THE SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SCTE FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, INCLUDING CHANGES TO THESE TERMS OF USE. SCTE FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE SITE AND/OR THE CONTENT CONTAINED HEREIN. SCTE FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT.
14. TERMINATION
a) SCTE Foundation may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of this Agreement.
b) Termination of this Agreement for any reason, will not affect survival of those provisions of this Agreement for which survival is equitable or appropriate.
15. MISCELLANEOUS
a) This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
b) The failure of SCTE Foundation to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
c) This Agreement has been made in and shall be construed and enforced in accordance with Pennsylvania law and operates to the fullest extent permissible by law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the Chester County, Pennsylvania.
d) Official correspondence must be sent via postal mail to:
SCTE FOUNDATION
Attn: General Counsel
140 Philips Road
Exton, PA 19341
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
16. SERVICE CONTACT
Contact hello@SCTEFoundation.org with questions or problems with the Site.
Any rights not expressly granted herein are reserved.
Last modified on 09/19/2024