ANGEL ED INC.
Individual and corporate donors (“Donors”) provide funding for Angel Ed, and Angel Ed uses these funds to provide crowd-funded educational scholarships to qualified students (“Recipients”). Angel Ed also helps foster mentoring and other career building relationships between the Recipients and Angel Ed’s corporate and non-profit partners (“Partners”). Students applying for scholarships through the Program are referred to as “Applicants.”
Acceptance of terms
Angel Ed reserves the right to change, suspend, or discontinue the Site (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. Angel Ed may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Except as set forth in these Terms, the Program is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction) and to individuals at least 16 years old participating in the Program with the consent of a parent or legal guardian. Angel-Ed may make reasonable inquiries to verify your age. If you are 16 or 17 years old, Angel Ed may require your parent or legal guardian to accept responsibility for your participation in the Program (including your conduct on the Site) before you may apply for a scholarship. You represent that you (or your parent or legal guardian, as appropriate) are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. Angel Ed may, in its sole discretion, refuse to offer or suspend access to the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in those jurisdictions.
Through the Site, email, websites, and other media, the Site makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Donors, Applicants, Recipients and other visitors to and users of the Site (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Donors and Donations
Angel Ed is a nonprofit corporation and donations made to Angel Ed are tax deductible to the fullest extent permitted under the U.S. Internal Revenue Code.
Angel Ed accepts donations from Users registered as Donors on the Site and from other fundraising methods, such as mailings, special events, and in-person solicitation. Donations may be made in any amount (however, if you are funding multiple individuals and your donation is restricted we request that you donate at least $1,000.00) and each Donor may choose whether any amount of the donated funds, after deduction of funds for Angel Ed’s operating expenses (currently set at 15%, but subject to change at any time), will be unrestricted, and therefore available to any Applicant approved by Angel Ed (“Unrestricted Funds”), or restricted, as provided herein (“Restricted Funds”). A Donor may contribute Restricted Funds by selecting certain demographic, educational or other criteria, subject to additional rules and policies developed by Angel Ed then in force (the “Restricted Fund Criteria”), and such Restricted Funds shall only be used to provide scholarships to Applicants who Angel Ed determines satisfy those Restricted Fund Criteria. All Restricted Funds bearing the same Restricted Fund Criteria may be pooled together for the benefit of Applicants satisfying the same Restricted Fund Criteria. All decisions regarding the use of donated funds and the awarding of scholarships is in the sole discretion of Angel Ed. Under no circumstances may Donors select specific Applicants to whom scholarships may be granted with Restricted Funds.
At the time the donation is made, the Donor shall have the option to either designate any balance of Restricted Funds as of the following April 15 as Unrestricted Funds, or to direct Angel Ed to retain the Restricted Funds for scholarships to Applicants applying for scholarships for the following academic year. Any funds remaining in the Donor Restricted Funds as of the second April 15 after funding will automatically become Unrestricted Funds.
The Site enables each Donor to select whether to disclose the Donor’s identity on the Site generally and in connection with any set of Restricted Funds. Because Angel Ed is a nonprofit corporation that is not permitted to accept advertising, Angel Ed will review all User Submissions made by Donors prior to making the User Submissions publicly available. Angel Ed reserves the right in its sole discretion to refuse to publish any User Submissions by Donors that Angel Ed believes is unlawful or may otherwise impair its status as an organization exempt under Section 501(c)(3) of the Internal Revenue Code.
Applicants and Recipients
Students who are at least 16 years old who are enrolled in or are intending to matriculate at a college or university in the United States within 18 months may register on the Site as an Applicant. Each Applicant agrees that any User Submissions related to his or her application on the Site will be truthful and complete, in accordance with the instructions on the application and elsewhere on the Site.
Angel Ed may request documentation supporting any information provided in an Applicant’s User Submissions. Failure to provide any requested documentation, or information in such documentation that conflicts with the Applicant’s User Submissions, may result in the Applicant being rejected for a scholarship from Angel Ed. Angel Ed reserves the right to revoke any scholarship funds paid on behalf of a Recipient in the event that Angel Ed determines that the Recipient’s application contained untrue or misleading information.
In order to qualify for a scholarship from Angel Ed, each Applicant must have a cumulative grade point average of 3.0 or higher, must participate in at least one extracurricular activity and must be enrolled in or planning to matriculate at a college or university within 18 months of applying on the Site.
Angel Ed retains sole, absolute and exclusive discretion to decide which Applicants, if any, will receive scholarships, the amount of any such scholarship, and when any Applicant will be notified of his or her qualification for a scholarship. Angel Ed’s scholarship granting decisions are final and non-appealable. There are likely to be many more Applicants than available funding. There is no guarantee that any Applicant will receive any scholarships from Angel Ed, even if the applicant meets the minimum criteria to qualify for a scholarship.
Scholarship funds may only be used for tuition, room, board and fees. Any scholarship payments made by Angel Ed on behalf of a Recipient will be paid directly to the college or university which the Recipient attends. Any Recipient may choose to refuse any scholarships from Angel Ed in his or her discretion within 60 days of notice from Angel Ed of his or her qualification for a scholarship.
Angel Ed will pay scholarships to colleges and universities on a per-semester (or other relevant academic calendar period) basis, and each Recipient must maintain a grade point average of at least 3.0 and satisfy any additional requirements provided by Angel Ed in order to remain eligible for scholarship funding for the following semester or period. Recipients must provide reasonable evidence of their grades to Angel Ed.
Each Applicant will have a profile page on the Site, which will include basic information about the Applicant. The Applicant may include certain User Submissions on his or her profile page, and may choose whether or not to disclose any of the Donors who donated funds for his or her scholarship. Recipients may choose whether to disclose all relevant Donors or none at all. Applicant may not apply for scholarships on an anonymous basis. If you do not want your profile page to be viewed by others, you should not seek scholarship funds through the site.
Angel Ed intends to offer mentoring, networking and internship opportunities to its Recipients and other people, which may include notifying Recipients of available internships with Angel Ed’s Partners. Angel Ed does not guarantee that any such opportunities will be available to any Recipient, and there are likely to be many more Applicants than available opportunities. Angel Ed is merely making Recipients aware of certain networking internship, mentoring and other opportunities. It is up to the Recipient to determine which opportunities are best suited for him or her. In no event shall Angel Ed be responsible for the experiences you may encounter in connection with any such opportunities, and you are responsible for determining if such opportunities are appropriate for you.
Angel Ed is committed to the principle of equal opportunity in education, funding and employment. Angel Ed does not discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, ancestry, or national or ethnic origin in the administration of its scholarship distribution policies, employment policies and other Company administered programs and activities. Angel Ed does not take any of the above classes into account when evaluating an Applicant for a scholarship.
Content and License
You agree that the Site contains Content provided by Angel Ed and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Site.
Angel Ed grants to each User of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from Angel Ed, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Rules and Conduct
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
you know is false, misleading, or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Angel Ed or any third party;
is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
impersonates any person or entity, including any employee or representative of Angel Ed.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Angel Ed in its sole discretion) an unreasonable or disproportionately large load on Angel Ed’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures Angel Ed may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
You agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly permitted herein or in violation of the express preferences of any Applicant, Recipient or Donor as designated on the Site.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Angel Ed and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Angel Ed aggressively enforces its intellectual property rights to the fullest extent of the law. Angel Ed name may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Angel Ed. Fair use of Angel Ed’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.
Intellectual Property and Submissions
By Submitting User Submissions on the Site or otherwise using the Site, you agree to the following terms:
Angel Ed will not have any ownership rights over your User Submissions. However, Angel Ed needs the following license to perform and market the Program and the Site on your behalf and on behalf of its other Users and itself. You grant to Angel Ed the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Site, (b) Angel Ed’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Site in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Site; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Site; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Site. The foregoing license grant to Angel Ed does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions. Angel Ed may, for example, use your User Submissions to highlight the types of people who receive Angel Ed scholarships to attract donors, or for other purposes consistent with Angel Ed’s mission.
You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
You grant to each User a non-exclusive license to access your User Submissions through the Site solely for personal, non-commercial use.
The use or other exploitation of User Submissions by Angel Ed and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Angel Ed will have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
Angel Ed will not be liable for any errors or omissions in any Content.
Angel Ed cannot guarantee the identity of any other Users with whom you may interact while using the Site.
All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, Angel Ed has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Angel Ed also may terminate User accounts even based on a single infringement.
Angel Ed will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Angel Ed’s Copyright Agent by submitting this form . You can also submit a notification by emailing us at firstname.lastname@example.org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, sufficient for Angel Ed to locate the material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Angel Ed’s Copyright Agent in writing by emailing us at email@example.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
a physical or electronic signature of the user of the Site;
identification of 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;
a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement is:
Angel Ed, Inc.
Angel Ed has no special relationship with or fiduciary duty to you. You acknowledge that Angel Ed has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Angel Ed cannot guarantee the authenticity of any data or information that Users provide about themselves. You release Angel Ed from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Angel Ed makes no representations concerning any Content on the Site, and Angel Ed is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Site.
Angel Ed does not guarantee that any Content will be made available through the Site. Angel Ed has no obligation to monitor the Site or Content. Angel Ed reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Angel Ed reserves the right not to comment on the reasons for any of these actions.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, 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. THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Angel Ed makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Angel Ed will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Angel Ed’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
Limitation of Liability
In no event shall Angel Ed, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Site is prohibited from territories where the Content is illegal. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Site, you consent to receive from Angel Ed all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. Angel Ed may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.
Integration and Severability
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston, MA, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
This Site may contain links to sites owned or operated by parties other than Angel Ed. Such links are provided for your reference only. Angel Ed does not control outside sites and is not responsible for their content. Angel Ed’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that Angel Ed is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
You agree that Angel Ed may at any time and without notice change the terms, conditions and notices under which this Site is offered. Angel Ed reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Angel Ed as a result of this agreement or your use of this Site.
Angel Ed’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Angel Ed’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Angel Ed with respect to such use.
If you have any questions about this agreement, please call us at 617-651-0835 or send us an e-mail at firstname.lastname@example.org. Although Angel Ed will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Angel Ed does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.
Last updated May __, 2013.