Terms and Conditions

Celebrity Scholarships – Terms of Use
Last updated: March 2017

The terms of these Terms of Use govern the relationship between Scholarship Application Services LLC (“Company”) and those users (“Users”) that interact through or via Company’s website at http://celebrity-scholarships.com (respectively, “Services” and “Website”)
These Terms of Use takes effect when you click or check the applicable button or box associated with these Terms of Use or, if earlier, when you use any of the Services (“Effective Date”).

FROM TIME TO TIME, WE MAY UPDATE THESE TERMS OF USE, AND YOUR CONTINUED USE OF OUR WEBSITE OR OUR PRODUCTS OR SERVICES WILL SIGNIFY YOUR EXPRESS AGREEMENT TO SUCH UPDATED TERMS OF USE. WE WILL POST ANY TERMS OF USE CHANGES ON OUR WEBSITE, AND IN SOME CASES, IN OUR SOLE DISCRETION, WE MAY NOTIFY YOU BY EMAIL.

YOU AGREE TO ACCEPT POSTING OF A REVISED TERMS OF USE ELECTRONICALLY ON THE WEBSITE AS ACTUAL NOTICE TO YOU. WE ENCOURAGE YOU TO PERIODICALLY CHECK TO REVIEW OUR WEBSITE AND TERMS OF USE FOR UPDATES.

1. Terms of Service.
1.1 Access and Use of Services.
User may access and use the Services in accordance with these Terms of Use. Without limiting the foregoing, the permission granted to User to access and use the Services is based on User’s agreement to not access or use the Services for: (i) developing a product or service that could reasonably be regarded as being competitive with the Services, or (ii) monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purpose.
User shall not, and shall not permit third parties to, block, mask, obscure or modify advertisements that appear on the Website.
1.2 User Account. To access the Services, User must create an account associated with a valid email address (“Account”). User is solely responsible for User’s Account, including for: (i) controlling the access to, and use and security of, the Account and User’s Content (as defined below), (ii) maintaining the security of the passwords and other measures used to protect access to the Account, and (iii) all instructions provided to Company through the Account, whether or not authorized by User. Company is not responsible for unauthorized access to the Account. User will contact Company immediately if User believes an unauthorized third party may be using the Account. Nothing in the foregoing requires Company to monitor the Account for unauthorized access or any other security breach.
“User’s Content” shall mean any information User has provided or has been collected in connection with establishing the Account or using the Services.
1.3 Additional Services. Company may from time to time offer additional services or products (“Additional Services”). If User chooses to accept or purchase Additional Services, User may be required to enter into a specific agreement for such Additional Services (“Additional Agreement”), provided that the terms of these Terms of Use will continue to apply to such Addition Services unless specifically amended by or conflicting with the terms of such Additional Agreement.
Unless otherwise provided, the term “Services” shall include also all of the Additional Services.
1.4 Separate Services; Disclaimer. Company may from time to time make available to User, either through the Services or through a separate correspondence to User, third party services or offers that are not included as part of the Services, including but not limited to services offered by third-party scholarship providers or sweepstakes or contest promoters. (“Separate Services”). User hereby provides its affirmative consent to receive offers for Separate Services through email, such consent which may be withdrawn at any time at User’s discretion by sending an email to unsubscribe@celebrity-scholarship.com. User hereby agrees to review all terms of service and other agreements related to all Separate Services. User shall be solely responsible for strict compliance with any such terms of service or other agreements and from any liability arising from User’s use of the Separate Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SEPARATE SERVICES AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE SEPARATE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF ANY MISREPRESENTATIONS OR VIOLATIONS OF LAW, AND AS BETWEEN USER AND COMPANY, SEPARATE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
1.5 Third Party Services. Certain components of the Services may be comprised of third party services (“Third Party Services”), and Company may perform its obligations hereunder through the third party providers of such Third Party Services (“Third Party Service Providers”). Company shall be responsible to User for Third Party Services to the same extent as such Third Party Service Providers are liable to Company for provision of the Third Party Services. Company may at any time, in its sole discretion, replace its Third Party Service Providers.
1.6 Services Changes. Company may change or discontinue any of the Services or change or remove features or functionality of the Services from time to time, without any liability to User. Company will use commercially reasonable efforts to notify User of any material change to or discontinuation of the Services.
1.7 Suspension of Services. At any time Company may suspend the provision of Services and remove any User’s Content transmitted via the Services without liability: (i) if Company reasonably believes that any Service is being used in violation of these Terms of Use or applicable law, (ii) if Company reasonably believes that the use of the Services may pose any legal or security risk to Company or any third party, (iii) if ordered by a law enforcement or government agency or otherwise in order to comply with applicable law, (iv) if necessary for operation, maintenance or expansion of Company’s Services, or for other technological purposes, or (v) if required or requested by a Third Party Service Provider or if the Third Party Service is suspended or ceases to be provided for any reason (whether generally or through Company). To the extent practicable, Company shall use commercially reasonable efforts to notify User prior to suspending Services, except that no notice is required prior to suspension due to not fulfilling payment obligations. Account information will be unavailable to User during a suspension of Services.
1.8 Privacy Policy. User consents to the collection, use and disclosure of information associated with User and User’s use of the Website and the Services in accordance with these Terms of Use and Company’s Privacy Policy all as may be updated from time to time.
2. Acceptable Use and Restrictions.
2.1 As a condition to being provided with the Services, User hereby agrees to use the Services in compliance with all applicable laws, ordinances, rules and regulations, not to violate or attempt to violate Company’s system or network security, and not to misuse the Services in any way. User further agrees not to do, or attempt to do, any of the following: (i) engage in, solicit, or promote any activity that is illegal, invasive, violates the rights of others, or could subject Company to liability to third parties, (ii) distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature, or (iii) disable, interfere with, or circumvent any aspect of the Services, (iv) distribute, alter, or modify, circumvent, disable or otherwise interfere with any part of the Services, including but not limited to any Other Content, (v) collect or harvest any personal data, (vi) develop any product or service that could reasonably be regarded as being competitive with the Services, (vii) monitor the availability, performance or functionality of the Services, or use the Services for any other benchmarking or competitive purpose, or (viii) use the Services for any commercial use, including without limitation copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting any Other Content, for any purpose. “Commercial use” does not include uploading User Content.
2.2 In the event there is concern regarding any violation of these Terms of Use by User, and without derogating from any of Company’s other rights hereunder, Company is authorized, in its sole discretion, to monitor User’s compliance, to immediately terminate or suspend the provision of Services to User, or to block the transmission of User’s Content which in Company’s opinion violates any application law or otherwise may impose any liability on Company.
3. Publicity.
User hereby irrevocably and in perpetuity grant to Company, those acting under Company’s authority, as well as any third party sponsor or co-sponsor of a contest, the unrestricted, absolute, perpetual, worldwide right and license to use User’s name, address, photograph, likeness, voice, biographical and personal information, statements, Submission (as defined in the Contest Rules), Imitation (as defined in the Contest Rules), and any photograph, film, video, audio recording or other recording taken of User or submitted by User (all of the foregoing, collectively “Promotional Content”), and all in connection with marketing purposes; and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used, the Promotional Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media whatsoever, in connection with such marketing purposes; and all the foregoing without any compensation, royalties, remuneration or consideration to User or to any third party, and User hereby waive all claims to compensation, royalties, remuneration, consideration, notice or permission in connection therewith.
4. Term and Termination.
4.1 Term. These Terms of Use will commence on the Effective Date and will remain in effect until terminated by either party in accordance with the terms hereof. User is encouraged to keep records of all communications regarding termination.
4.2 Termination for Convenience. Each party may terminate these Terms of Use at any time.
4.3 Effect of Termination. If these Terms of Use is terminated, then: (i) Company shall immediately terminate User’s access to the Services, including removing User from any contest in which User is enrolled as of the date of termination, and (ii) Company in its sole discretion may retain or delete User’s Content, including any Imitation submitted for a Contest from which User was not removed.
5. User’s Warranties.
User represents and warrants to Company that (i) User’s Content is complete and accurate and any Submission complies with the relevant contest rules, (ii) User has the requisite power and authority to enter into these Terms of Use and into any Additional Agreement, and to perform all of User’s obligations hereunder, (iii) User is a natural person 16 years of old or more, and (iv) User is not named on any U.S. Government denied party list. User shall update User’s Account information to maintain the accuracy of User’s Content during the term of these Terms of Use.
6. Indemnification.
User will defend, indemnify, and hold harmless Company, its affiliates and licensors, and each of their respective employees, officers, directors, agents and representatives, from and against any claims, damages, losses, liabilities, costs, fines and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) User’s actual or alleged use of the Services (including any activities under User’s Account), (ii) breach of these Terms of Use, any Additional Agreement, any representation or warranty of User (including breach of any terms of use or agreement with any provider of Separate Services) or any violation of applicable law, or (iii) User’s Content, including any claim involving alleged infringement or misappropriation of third-party rights including publicity rights by or in connection with any Submission, Imitation, or other User’s Content.
Company shall promptly notify User of any claim subject to indemnification, provided that Company’s failure to do so shall not affect User’s obligations hereunder, except to the extent that Company’s failure to promptly notify User materially delays or prejudices User’s ability to defend the claim. At Company’s option, User will have the right to defend against any such claim with counsel of User’s own choosing (subject to Company’s written consent) and to settle such claim as User deem appropriate, provided that User shall not enter into any settlement without Company’s prior written consent and provided that Company may, at any time, elect to take over control of the defense and settlement of the claim.
7. Disclaimers of Warranties and Limitation of Liability.
7.1 Disclaimer of Warranties. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, ANY ADDITIONAL AGREEMENT OR COMPANY’S PRIVACY POLICY, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) REGARDING THE SERVICES, ADDITIONAL SERVICES, THIRD PARTY SERVICES, OR SEPARATE SERVICES (COLLECTIVELY, “ACCUMULATED SERVICES”), INCLUDING ANY WARRANTY THAT THE ACCUMULATED SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USER’S CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. COMPANY DOES NOT GUARANTEE THAT IT WILL REVIEW USER CONTENT, OR THAT USER CONTENT IN WHOLE OR IN PART (INCLUDING MODIFIED OR UNMODIFIED VERSIONS OF SUBMISSIONS OR IMITATIONS) WILL BE POSTED ON COMPANY’S WEBSITE OR VISIBLE TO ANY OTHER USER OR VIEWER OF THE WEBSITE, OR THE RECEIPT OF ANY PRIZE, AND USER HEREBY WAIVES ANY CLAIM AGAINST COMPANY IN CONNECTION THEREWITH, EVEN IF USER WAS OTHERWISE ENTITLED TO SUCH PRIZE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, COMPANY AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. USER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF USER’S CONTENT INCLUDING SUBMISSIONS OR IMITATIONS, OR USER’S PRIVACY, DATA, CONFIDENTIAL INFORMATION, OR PROPERTY.
7.2 Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, ANY ADDITIONAL AGREEMENT OR COMPANY’S PRIVACY POLICY, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (COLLECTIVELY “DAMAGES”), HOWEVER CAUSED AND UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT), EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF DAMAGES ARE FORESEEABLE. THIS LIMITATION OF LIABILITY INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING DAMAGES: (A) USER’S INABILITY TO USE ANY OF THE ACCUMULATED SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THESE TERMS OF USE OR USER’S USE OF OR ACCESS TO THE SERVICES, (II) COMPANY’S DISCONTINUATION OF ANY OF THE SERVICES, OR (III) DOWNTIME, INCLUDING ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF ERRORS, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, (B) THE COST OF OR TIME INVOLVED IN THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (C) ANY INVESTMENTS, EXPENDITURES, LOST OPPORTUNITIES, OR COMMITMENTS BY USER IN CONNECTION WITH THESE TERMS OF USE, OR ANY ADDITIONAL AGREEMENT, OR USER’S USE OF OR ACCESS TO THE ACCUMULATED SERVICES, OR ANY SUBMISSION OR IMITATION NOT BEING POSTED ON THE WEBSITE OR BEING MODIFIED BY COMPANY PRIOR TO BEING POSTED ON THE WEBSITE, AND (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF USER’S CONTENT.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, ANY ADDITIONAL AGREEMENT OR COMPANY’S PRIVACY POLICY, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR SUPPLIERS, UNDER ANY THEORY OF LAW (INCLUDING FOR BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR INFRINGEMENT), SHALL NOT EXCEED THE AMOUNT OF $100 (ONE HUNDRED US DOLLARS). THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
USER ACKNOWLEDGES THAT THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE ESSENTIALS PART OF THESE TERMS OF USE AND ABSENT SUCH DISCLAIMERS AND LIMITATIONS COMPANY WOULD NOT AGREE TO PROVIDE ANY SERVICES TO USER OR ENTER INTO THESE TERMS OF USE OR ANY ADDITIONAL AGREEMENT.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND USER MAY HAVE ADDITIONAL RIGHTS.
8. Proprietary Rights and Confidentiality.
8.1 User Content. As between Company and User, User owns all right, title and interest in and to User Content, subject to the licenses User grants under these Terms of Use and ownership as set forth in any Additional Agreement.
8.2 Services. As between Company and User, Company or its licensors own and reserve all rights, title and interest in and to the Services, Company’s trademarks and service marks and all modifications to any of the forgoing and all related intellectual property rights, including, without limitation, all content accessible from the Website (other than User’s Content).
8.3 Suggestions. Should User provide Company with any suggestions or ideas pertaining to the Services (“Suggestions”), Company will own all right, title and interest in and to the Suggestions and will be free to use the Suggestions for any purpose without any liability or payment to User. User hereby irrevocably assigns to Company all right, title and interest in and to Suggestions and agrees to provide Company with reasonable assistance, at Company’s cost, required or desirable in order to document, perfect and maintain Company’s rights in the Suggestions.
8.4 Confidentiality. User agrees not to use any Confidential Information of Company except in connection with User’s authorized use of the Services. “Confidential Information” means all non-public information disclosed by Company to User in connection with the Services, that User should reasonably understand to be confidential, including all non-public aspects of the Services.
9. Governing Law & Jurisdiction.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The parties hereby expressly reject any application to these Terms of Use of: (i) the United Nations Convention on Contracts for the International Sale of Goods, and (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended. All disputes arising out of these Terms of Use will be subject to the exclusive jurisdiction of the competent courts located in the State of California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Company from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights or to otherwise protect its interests in the Services.
10. Miscellaneous.
10.1 Non-Waiver. A party’s failure or delay in enforcing any provision of these Terms of Use will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of these Terms of Use. A party’s waiver of any of its rights under these Terms of Use is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
10.2 Construction. The headings in these Terms of Use are not part of these Terms of Use but are solely for the convenience of the parties. As used herein, the words “include” and “including” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” All references in these Terms of Use to “Sections” refer to sections herein.
10.3 Survival. The terms of the following Sections shall survive any expiration or termination of these Terms of Use: 1.3 [Additional Services], 1.4 [Separate Services; Disclaimer], 1.5 [Third Party Services], 1.8 [Privacy Policy], 3 [Publicity], 4 [Term], 6 [Indemnification], 7 [Disclaimers of Warranties and Limitation of Liability], 8 [Proprietary Rights and Confidentiality], 9 [Governing Law & Jurisdiction] and 10 [Miscellaneous].
10.4 Force Majeure. Neither party shall be in default of any obligation under these Terms of Use if the failure to perform the obligation is due to any event beyond that party’s reasonable control, including electrical or internet failure, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or events of a magnitude or type for which precautions are not generally taken in the industry.
10.5 Severability. If any provision of these Terms of Use is held to be unenforceable for any reason, in whole or in part, such decision shall not affect the validity or enforceability of any or all of the remaining portions thereof. Any such unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.
10.6 Assignment. User may not assign these Terms of Use without the prior written consent of Company.

10.7 Notices. Company may provide notice of changes to these Terms of Use to User either via e-mail or by posting a notice of such changes on Company’s web site. User may provide notice to Company by courier, mail, facsimile or e-mail, provided that receipt of such notice is verified in writing by Company. Company can be reached at contact@celebrity-scholarship.com, or at Scholarship Application Services LLC, 420 Veneto, Irvine, CA 92614.
10.8 Entire Agreement. These Terms of Use, along with Company’s other policies (including its Privacy Policy) and terms referenced herein, are the complete and exclusive agreement between the parties regarding its subject matter herein and supersedes and replaces any other written or oral agreement, understanding or communication regarding such subject matter.