Terms and Conditions

1. GENERAL MATTERS

Parties - This is an Agreement by and between StayClassy Productions, Incorporated (“StayClassy”) and you, the individual or other party, seeking full access to, and use of, the Stayclassy.org website (the “User”).

More on The User - By entering into this Agreement and using the Stayclassy.org website, User represents and warrants that (1) User is age thirteen or older (2) User’s registration information is truthful and accurate and (3) User’s decision to enter into this Agreement and use the Stayclassy.org website does not violate any applicable law. If, at any time, StayClassy becomes aware that any of the above representations is false, User’s access to the Stayclassy.org website will be terminated.

Legally Enforceable Agreement - This Agreement will constitute a legally enforceable contract. StayClassy and the User acknowledge and affirm their respective intentions to be legally bound by this Agreement.

Consideration - StayClassy grants the User a non-exclusive personal license to access and use (but not copy, reproduce, or profit from in any way) portions of the Stayclassy.org website that are not held out to the general browsing public (e.g. pages, search devices, profiles, communication tools, etc. that are only available to members of Stayclassy.org that have entered into this Member Agreement or the Member-Charity Agreement) In exchange, the User agrees to abide by, and be legally bound by, all the terms and conditions contained in this Agreement.

Term of Agreement - This Agreement will continue in force between StayClassy and the User for the entire duration of the User’s membership with the Stayclassy.org website. There are three potential ways that the term of this Agreement may expire. First, the User may terminate his or her membership at any time by following the cancellation procedure on the Stayclassy.org website. Second, StayClassy may terminate the User’s membership, ending the term of this Agreement, if StayClassy has a good faith belief that the User is in breach of this Agreement. Third, as StayClassy reserves the right to amend, modify, or add to this Agreement from time to time, the User may, following such an amendment, opt not to accept the changed-Agreement. If the User chooses not to accept the changed-Agreement, then the User’s membership will be cancelled and the term of this Agreement (the one in existence prior to the alterations) will expire. In the case that StayClassy chooses to amend, modify, or add to this Agreement, it will contact the User through the Stayclassy.org website to make the User aware that changes have been made. After notification of the changes has been received by the User, the User’s continuing use of the Stayclassy.org website will be taken as the User’s assent to be bound by the changed-Agreement. If the User does not wish to accept the changed-Agreement, then the User may simply cancel the User’s membership with the Stayclassy.org website at that time.

Divisibility - If, for any reason, a court adjudicating a dispute under this Agreement finds all or part of any term, or terms, of this Agreement to be unenforceable, then the offending portions of the Agreement shall be construed and, if necessary, reworded, in a manner that conforms to the requirements of the law and is most consistent with the parties’ intentions; the non-offending parts of the Agreement will continue in full force and effect to the fullest extent allowed by law.  If simply striking the offending portions of the Agreement would bring this Agreement into closer conformity with the parties’ intentions, then those offending portions should simply be stricken and no attempt to reinterpret or reword them should be made. The parties’ intentions should be judged solely by referring to the original terms (e.g. the terms prior to any court-modification) contained in this Agreement.

Entire Agreement - StayClassy and the User intend for this document (entitled “StayClassy.org Member Agreement”) to be a complete integration of the agreement between StayClassy and the User. It is the complete and final Agreement between StayClassy and the User. As such, this writing supercedes and displaces any other earlier or contemporaneous written or oral agreements, negotiations, or statements purporting to deal with the subject matter of this Agreement (the User’s interaction with the Stayclassy.org website).

Certain Definitional Matters - (1) The phrases “Stayclassy.org member(s),” “member(s) of Stayclassy.org,” or simply “members” (and all readily apparent variants of these phrases) are meant to include both individual members of the Stayclassy.org website (such as the User) and StayClassy’s member-charities (2) The phrase “member-charities,” however, does not include individual members of the Stayclassy.org website (such as the User). (3) All references to the “Stayclassy.org Member Agreement,” “the Member Agreement,” “this Agreement,” “the Agreement,” or simply “Agreement” refer only to this document entitled “StayClassy.org Member Agreement.” When reference is made to the separate “Member-Charity Agreement,” the specific phrase “Member-Charity Agreement” (and only that phrase) will be used.

Headings - The bolded headings provided at the beginning of each term are meant to facilitate the User’s understanding of the Agreement and its various component parts. These headings, however, have no independent legal weight; they should not be used to limit (in any way) the construction given to the actual language of each term that follows the bolded heading.

2. THE LAW AND LOCATION FOR POTENTIAL DISPUTES

Choice of Law - StayClassy and the User agree that any dispute arising from, or in connection with, this Agreement or User’s use of the Stayclassy.org website shall be governed by the laws of the state of California without regard to its choice of law provisions.

Jurisdiction and Venue Stayclassy.org is accessible throughout the world via the internet; extensive travel on StayClassy’s part in order to litigate potential claims presents the risk of debilitating costs to StayClassy. In view of these facts, the User and StayClassy agree that ANY AND ALL disputes arising from, or in connection with, this Agreement or the User’s use of the Stayclassy.org website will be brought in a state or federal court located in San Diego County, California. The User expressly submits to the personal jurisdiction of the courts of San Diego County, California for the purposes of litigating all such claims. For purposes of venue, StayClassy and the User agree that this contract, though entered into over the internet, is executed in San Diego County, California.

3. LIABILITY PROVISIONS AND ALLOCATION OF RISK

Indemnification - The User agrees to indemnify and hold harmless StayClassy, its successors or assigns, and all StayClassy’s officers, directors, employees, agents, independent contractors, and all StayClassy affiliates (as well as such affiliates’ successors or assigns, and such affiliates’ officers, directors, employees, agents, and independent contractors) for all costs (including attorney’s fees) from third party claims brought against StayClassy or StayClassy affiliates arising out of the User’s breach of this Agreement.

Reliance on Others’ Statements - StayClassy does not endorse, represent or warrant the truth or accuracy of any statements or representations made by the User, other members of the Stayclassy.org website, or other third parties on the Stayclassy.org website. The views expressed by such parties are not necessarily those endorsed by StayClassy and should not be taken as such. The User bears all responsibility for any and all reliance the User places on such statements or representations.

Problems with StayClassy Generated Services/Technology - StayClassy wishes to provide a quality service for the User and all its members. In keeping with this aim, StayClassy will endeavor to make sure that all content, tools, and services generated and provided by StayClassy on the Stayclassy.org website function as appropriately as possible. If the User experiences problems with StayClassy generated technology on the Stayclassy.org website, StayClassy would appreciate the User’s notification (please reach StayClassy at info@stayclassy.org). Upon receiving notification, StayClassy promises that it will, in good faith, work to repair all legitimate problems in a prompt manner, subject to limits imposed by StayClassy’s then-existing organizational size/strength and commercial practicability. User accepts that this will be the sole remedy for any and all problems User experiences with StayClassy generated technology on the Stayclassy.org website, including problems that might result in damage to the User’s computer or network (For more on this particular subject please see below the term headed “No Guarantee Against Technological Threats”).

General Waiver of Warranties - StayClassy disclaims all warranties, express or implied, concerning the Stayclassy.org website, its content, and related services, to the fullest extent allowed by law (which may vary by jurisdiction). This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, or non-infringement. The User accepts the entire Stayclassy.org website and all related content, tools, and services “AS IS” and “WITH ALL FAULTS.”

Waiver of Warranties for Goods - To the extent that any of the web content, software, related services, or products that User gains access to as a result of entering into this Agreement may be construed as “goods” falling under the purview of the Uniform Commercial Code (as enacted by the various States), StayClassy hereby disclaims all warranties that may cover such goods including, but not limited to, all warranties of MERCHANTABILITY and warranties of FITNESS FOR A PARTICULAR PURPOSE. The seller (StayClassy) undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. The seller (StayClassy) assumes no responsibility that the goods will be fit for any particular purpose for which you may be buying these goods, except as otherwise provided in the contract. Above all, User accepts the entire Stayclassy.org website and all related goods and services “AS IS” and “WITH ALL FAULTS.”

Interaction with Other Members and Third Parties: Right to Intervene - The User alone is responsible for User’s interactions (both online and offline) with other members of the Stayclassy.org website and other third parties on the Stayclassy.org website. As such, StayClassy has no obligation to become involved in any legal disputes between the User and other members of the Stayclassy.org website or other third parties appearing on the Stayclassy.org website, even if such legal claims arise out of, or relate to, the parties’ use of the Stayclassy.org website. StayClassy does, however, reserve the right to involve itself in such a dispute if it so chooses.

Interaction with Other Members and Third Parties: Liability Release - StayClassy urges the User to be cautious and use good judgment at all times when interacting with others through the Stayclassy.org website. StayClassy does not perform background checks or any other evaluations of its members; it is the User’s sole responsibility to manage the User’s interaction with other members of the Stayclassy.org website and other third parties appearing on, or reached through, the Stayclassy.org website. Because the User assumes sole responsibility for all of the User’s interactions with other Stayclassy.org members and all other third parties on the Stayclassy.org website, User agrees to release StayClassy from ALL liability that may arise out of, or relate to, the User’s interaction with other Stayclassy.org members or other third parties on the Stayclassy.org website. The term “interaction” is meant to be interpreted expansively. For purposes of illustration only, “interaction” is meant to include (but not be limited too): (1) direct communication between parties through the Stayclassy.org website, (2) all in-person meetings between parties coordinated through, or facilitated by, the Stayclassy.org website, (3) exchange of pictures, files or other computer code through the Stayclassy.org website, (4) clicking on third party links placed on the Stayclassy.org website (whether authorized by StayClassy, posted by a member of Stayclassy.org, or posted by some other third party) and all subsequent activity and transactions conducted on such a third party’s website and, (5) sharing of information, through the User’s profile or other facets of the Stayclassy.org website,  with other members of the Stayclassy.org website or other third parties, whether such information is intended to be viewed by a particular third party or not. In circumstances where the User’s interaction with other Stayclassy.org members or other third parties on the Stayclassy.org website results in some kind of harm to the User or the User’s property, including death or personal injury, the User agrees that StayClassy will bear no responsibility and that any and all legal claims will be pursued directly against the allegedly offending Stayclassy.org member or other third party and not against StayClassy itself. Above all, StayClassy wishes to impress upon the User that it cannot control or monitor the behavior of the many Stayclassy.org members or other third parties using the Stayclassy.org website and so assumes absolutely no responsibility for the consequences, foreseeable or otherwise, of such persons’ behavior.

No Guarantee Against Technological Threats - Recognizing the near impossibility of policing a large, dynamic, and interactive online social networking environment for all possible technological threats, StayClassy wishes to make clear to the User that it neither represents nor warrants that the Stayclassy.org website is free from bugs, viruses, and other malicious forms of computer code. StayClassy wants to provide a safe and secure environment for all its members, but it is important that the User recognize that StayClassy cannot guarantee that the User will not be exposed to technological risks while using the Stayclassy.org website. Such technological threats might do damage to the User’s computer system or broader network. By entering into this Agreement the User acknowledges the presence of such risk and assumes all responsibility for any harm that might befall the User as the result of such risk.

No Guarantee of Accuracy of Tax Write-Off Information - As part of the User’s Stayclassy.org member profile, the User will be able to track all charitable donations made by the User through the Stayclassy.org website. This tool is intended to benefit the User by providing the User with a quick way to track and manage the User’s charitable giving over time. StayClassy strives to maintain complete and accurate records of all its members’ transactions, including those made by the User. Technological glitches and other problems can and do arise, however, and StayClassy CANNOT guarantee the accuracy of the donation numbers reflected in the User’s profile. It is imperative that the User maintain independent records of all charitable donations made by the User through the Stayclassy.org website (e.g. by printing out confirmations of each donation at the time of the donation and keeping records on file). The User is not entitled to rely upon the donation information provided in the User’s Stayclassy.org member profile for any purpose, including for tax write-off purposes. The User assumes sole responsibility for any adverse consequences that may result from User’s reliance on the donation numbers reflected in the User’s Stayclassy.org member profile for tax write-off or other purposes.

Legitimacy of Charitable Organizations - StayClassy intends to bring good into the world. To this end, Stayclassy.org enables the User and other members to make donations to, and raise funds online for, StayClassy’s various member-charities. StayClassy only wishes to enable fundraising for legitimate 501(c)(3) non-profit organizations. StayClassy does not, however, independently verify the legitimacy of each non-profit it services. Instead, StayClassy relies upon a charity database provided by Guidestar Inc. To familiarize yourself with Guidestar Inc. and the services it provides please click here. Apart from the assurance that all StayClassy member-charities are part of the Guidestar database, StayClassy neither warrants nor represents anything about the legitimacy of the charities reachable through the Stayclassy.org website. StayClassy encourages the User to perform added due diligence, if the User feels so inclined, before donating to, or raising funds on behalf of, a charity reachable through the Stayclassy.org website. Of course, if the User discovers a problem with a charity reachable through the Stayclassy.org website StayClassy would greatly appreciate the User’s feedback (please contact StayClassy at info@stayclassy.org).

No Special or Consequential Damages - StayClassy will not be liable to the User for any consequential, special, indirect or incidental damages (including lost profits) arising out of or in connection with breach of this Agreement or of the User’s use of the Stayclassy.org website. This limitation will apply even if StayClassy has been expressly notified of the possibility of such damages.

4. USER’S ACTIVITIES ON STAYCLASSY.ORG

Intellectual Property Rights User will not violate the intellectual property rights of others through its use of the Stayclassy.org website. Intellectual property rights include, but are not limited to, copyrights, patents, trademarks, and other forms of confidential or proprietary information, such as trade secrets. User represents and warrants that User has legal authority (whether because the content is the User’s own property or because the User holds a valid license to use such property) to post any and all content User chooses to upload to the Stayclassy.org website. By posting or uploading content to the Stayclassy.org website, User grants StayClassy a non-exclusive license to reproduce, display, and modify (create derivative works from) such content for use in connection with the normal operation of the Stayclassy.org website. Such use may include the display or reproduction of such content by StayClassy affiliates or partners. By entering into this Agreement and posting content to the Stayclassy.org website, User represents and warrants that User has valid legal authority to grant the above-described license to StayClassy. Nothing in this provision should be interpreted to contradict StayClassy’s privacy policy, which governs the use of members’ personal information (location, e-mail address, and credit card information). Personal information will be protected under the terms of the separate StayClassy privacy policy.

Viruses and Other Malicious Forms of Code - User will not upload viruses or other malicious forms of computer code (so called “malware”) to the Stayclassy.org website. User will not use the Stayclassy.org website as a platform for distributing viruses or other malicious forms of computer code to others (e.g. by using the communication tools provided to members of Stayclassy.org). User agrees not to engage in any behavior intended to disrupt the flow of traffic to the Stayclassy.org website, prohibit the Stayclassy.org website from being accessible to online browsers, or otherwise interfere with the normal operations of the Stayclassy.org website. Additionally, the User agrees not to use any form of software intended to track, monitor, or gather information on any Stayclassy.org member’s online behavior. User further agrees not to use any automated processes in connection with User’s membership to the Stayclassy.org website. By way of illustration only, “automated processes” include computer code meant to generate repeated messages to be distributed through the Stayclassy.org member network (“spamming”).

Restriction on Abusive Behavior - User will not use the Stayclassy.org website as a platform for harassing or engaging in abusive behavior towards other members of the Stayclassy.org website or members of the general public. While “abusive behavior” towards another is, to some extent, incapable of precise definition it at least includes (but is not limited to): (1) excessive or improper use of profanity (e.g. posting profanity in a charity profile as opposed to using such language in a private member to member communication), (2) repeated attempts to contact or badger another Stayclassy.org member when that member has expressed his/her desire not to be contacted, (3) any use of racial, ethnic, or religious slurs. In addition to these illustrations of “abusive behavior,” this phrase also includes any act or course of conduct that would offend or upset a reasonable person and is inconsistent with StayClassy’s goal of maintaining a mature and respectful online community. On this score, some ambiguity must be tolerated; commonsense should guide the endeavor of determining precisely what is or is not “abusive.” If, in good faith, StayClassy believes the User is engaged in “abusive behavior,” StayClassy may terminate the User’s access to the Stayclassy.org website. 

Restriction on Illicit/Illegal Behavior - User represents and warrants that User will NEVER use the Stayclassy.org website to engage in any activity that violates the law, including (but not limited to) all criminal and tortious behavior. User further agrees that User will never use the Stayclassy.org website to violate or interfere with the contractual rights of others; User will, at all times, use the Stayclassy.org website in a manner fully consistent with respect for the legal rights of all other persons and parties.

Truthful and Accurate Information - User represents and warrants that all content User posts or uploads to the Stayclassy.org website is truthful and accurate. User will not use the Stayclassy.org website as a platform for making defamatory statements about others. Despite these restrictions, StayClassy wants to make clear that it respects and affirms the free speech rights of its members to engage in meaningful, and perhaps, sharply critical, dialogue. Because the Stayclassy.org website is intimately tied to the exploration of important political and social issues, User is encouraged to freely express User’s opinions and beliefs concerning such matters provided that User does not contravene the above-stated restrictions on abusive/illicit behavior.

Restriction on Commercial Activity - As a consequence of entering into this Agreement, User will be allowed to use the Stayclassy.org website’s online platforms to fundraise for, and donate to, StayClassy’s various member-charities (and only those member-charities). This Agreement DOES NOT enable the User to make use of StayClassy’s ticketing software. Similarly, this Agreement DOES NOT authorize the User to make use of the Stayclassy.org website for the purpose of raising funds for any persons or organizations (charitable or otherwise) through offline fundraising events; all such activity is strictly prohibited. Likewise the User may not use the Stayclassy.org website for ANY other commercial purpose (beyond online fundraising for, and donations to, StayClassy member-charities), including, but not limited to: (1) attempts to market a good or service through the StayClassy member network, (2) attempts to solicit business through the StayClassy member network or any other part of the Stayclassy.org website, (3) attempts to divert web traffic from the Stayclassy.org website to any other website (without the consent of StayClassy).

Restriction on User Generated Content - StayClassy reserves the right to delete or block publication of any content User attempts to post or upload to the Stayclassy.org website for any or no reason. User is solely responsible for any content posted to the Stayclassy.org website and for any information or material shared with other members of the Stayclassy.org website. In addition to comporting with all the other restrictions laid out in this Agreement, all content that User posts or uploads to the Stayclassy.org website MUST NOT INCLUDE: (1) pornography or nudity of any kind, (2) private information about third parties that User has not obtained consent to share, or (3) violence or other gratuitous or offensive conduct (as determined by commonsense and basic moral judgment). StayClassy assumes no responsibility to monitor the material User chooses to post or upload to the Stayclassy.org website or the information User shares with the site’s members or other third parties. StayClassy’s removal, or decision not to post, certain User-submitted content DOES NOT constitute tacit assent by StayClassy to generally monitor User-posted content. User should exercise caution at all times and endeavor to make sure that any such material or information complies with all the terms of this Agreement and is in keeping with the culture of the respectful and tolerant online community which StayClassy strives to maintain.

5. BREACH OF THIS AGREEMENT

Termination of User’s Membership - If, at any time, StayClassy, in good faith, believes that the User has breached any of the terms of this Agreement, StayClassy may terminate the User’s access to the Stayclassy.org website. StayClassy will attempt to notify the User using the e-mail address provided by the User while registering to the Stayclassy.org website. If the User wishes to address StayClassy’s decision, the User may reach StayClassy at info@stayclassy.org. All disputes under this Agreement not capable of private resolution between the parties may by pursued in a court of competent jurisdiction (subject to the above agreement concerning jurisdiction and venue located in section two of this Agreement).