Your use of the DiscusAwards.com website (the "Site") constitutes acceptance of this agreement and creates a binding legal contract.
1. Legal Agreement
"Member" means a registered user of the Site who has confirmed and submitted his or her nomination. Members cannot be under the age of 13. By entering into this Agreement, you represent and warrant that (i) you, the prospective Member, are at least 13 years old; or (ii) you are the parent or legal guardian of a prospective Member who is between the ages of 13 and 18 and that you are entering this Agreement on behalf of that prospective Member. Members cannot be under the age of 13, and Discus has the right to terminate a Member's registration if Discus has reason to believe that Member is under 13.
"Visitor" means a user of the Site who is not a registered Member (i.e., someone who is browsing the Site or someone who is nominating a third party for Discus Awards recognition). Visitors also agree to be bound by this Agreement. If you are a Visitor and do not agree with this Agreement, you should leave the Site immediately.
"Users" means all Visitors and Members; and "User" means a Visitor or Member.
Each User agrees that you have the right, authority and capacity to agree to and abide by this Agreement, and you also represent and warrant that you will use the Site in a manner consistent with all laws and regulations.
"Personal Information" means (i) information about a User provided to Discus by a Visitor who is nominating someone for Discus Awards recognition or by a Member as part of completing the nomination process and registering on the Site; and/or (ii) personal information you place, post, or make on the Site about yourself. "Personal Information" includes all information about a person, including but not limited to name, email address, telephone number, physical address, gender, school, photographs or other images, academic history, extracurricular activity and any other personally identifiable or biographical information.
3. Content and Licenses
"Content" means any work of authorship or other form of expression made or placed on the Site, including but not limited to text, ideas, comments, feedback, images, photographs, graphics, videos, information and data. Content includes but is not limited to all modifications of and revisions to Content that was previously made or placed on the Site.
Content "placed on the Site" includes Content uploaded onto the Site, posted on the Site or transmitted on or via the Site.
A. Site License to Discus
User grants to Discus a non-exclusive, royalty-free, fully-paid, worldwide, unlimited license to copy, display, render, perform, create derivative works from, adapt, sublicense, distribute, transmit, store, and otherwise use User's Content (in any form, media, or technology now known or later developed) for all purposes associated with the operation of the Site and Discus's business (the "Site License").
To the extent Content covered by the Site License is a User's name, image or biographical information, User grants to Discus perpetual, irrevocable, fully sublicensable, worldwide, royalty-free, fully paid rights and licenses to use (at Discus's discretion) the User's name, image, likeness, biographical information and username for purposes involving the promotion, marketing, distribution, advertising, manufacture, display, transmission, and sale of Discus, Discus's products and services, and the Site.
The Site License is irrevocable unless and until Content covered by the Site License is removed from the Site when a Member terminates his/her registration as a Member on the Site. Member may also contact Discus to request that Content be removed from the Site.
B. Archival License to Discus
User grants Discus a non-exclusive, irrevocable, royalty-free, fully-paid, worldwide, perpetual license to store and maintain one or more copies of User's Content in any form, media, or technology now known or later developed ("Archival License").
User agrees to waive all moral rights in Content the User places on the Site. User represents and warrants that User owns Content placed on the Site by User and that such Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
User is solely responsible for Content placed on the Site or transmitted to other Users. User agrees to view and access the Content of other Users solely for personal use. User agrees that they may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content placed on the Site by another User or Discus without the express permission of the other User or Discus, as applicable.
4. The Discus Awards Process and Rules
One of the purposes of the Site is to recognize and honor high school students who have made achievements in a variety of areas, including academics, philanthropy, athletics, the arts, environmental activity, faith-based activity, community service, and civic responsibility.
The Site affords Users the opportunity to nominate high school students for such honor and recognition. User agrees that Discus has sole discretion to determine the eligibility requirements for prospective nominees.
In addition to declaring Discus Awards Finalists, Discus has sole discretion to also select certain Finalists to be winners of certain (i) scholarships to a college or university participating in the "Discus Network" ("Network Scholarship Award") and (ii) scholarship moneys that may be disbursed to any United States college or university ("Open Scholarship Award"). These scholarship recipients shall be referred to as "Scholarship Winners." Discus has the sole and exclusive discretion to determine the nature, quality, frequency and quantity of the Discus Awards Finalists and the Scholarship Winners. Without limiting the foregoing, You acknowledge and agree the Network Scholarship Awards have no cash value and may only be applied to the cost of attending a college or university listed in the Discus Network. Additional terms may be found on the website of SAGE Scholars, the scholarships administrator for all Network Scholarships. Scholarship Winners must be citizens or permanent residents of the United States. Scholarships will only be disbursed to United States colleges and universities. If ANY false or misleading information is submitted on the Discus Awards nomination, the User will be disqualified without notification to the User, and no longer eligible for a Network Scholarship Award or a Scholarship Money Award.
A User may be nominated by himself or herself or a third party to be considered for Discus Awards recognition. In either case, the application to be considered for Discus Awards recognition must be completed and confirmed on the Site by the nominee. Discus has sole discretion to determine how to conduct the verification/confirmation process, including the ability to set a limit on the amount of time a prospective nominee will be able to respond to Discus's confirmation/verification communication.
"Confirmed Nominee" means a nominee who has (i) accepted a nomination to be considered for a Discus award by confirming their nomination on the Site; and (ii) registered as a Member on the Site.
B. The Award Process and Terms
User agrees that Discus has sole discretion to determine the process, criteria, conditions, requirements and terms governing how a Confirmed Nominee may be considered for and win Discus Awards recognition (collectively the "Award Process and Terms"). Discus may modify the Award Process and Terms at any time at Discus's sole discretion.
As part of the Award Process and Terms, Confirmed Nominees will place Content on the Site, including a combination of biographical information, images, audio-visual materials, references and other information.
Each Confirmed Nominee agrees that Discus may contact references listed by the Confirmed Nominee and obtain information about the Confirmed Nominee from the references. Discus has no obligation to disclose the information provided or content of statements disclosed by a reference about a Confirmed Nominee. User agrees that User has no right to know or access any such information.
As part of the Award Process and Terms, a panel of judges comprised of teachers, guidance counselors, college administrators and others (collectively the "Panel") will determine whether a Confirmed Nominee will receive Discus Awards recognition. User agrees that Discus has the sole discretion to determine the composition of the Panel and that Discus has no obligation to disclose the identity of members of the Panel.
Discus has sole discretion to establish and modify the criteria for how the Panel will decide whether a Confirmed Nominee will receive Discus Awards recognition (collectively, the "Criteria"). Discus may modify the Criteria at any time at its sole discretion. Discus has no obligation to disclose the Criteria to User, and User has no right to know the Criteria or the identity of members of the Panel.
Each Confirmed Nominee agrees that Discus may disclose to the Panel or provide the Panel access to Content placed on the Site by the Confirmed Nominee as part of the Award Process and Terms.
C. Receiving Discus Awards Recognition
Some percentage of Confirmed Nominees - which percentage shall be determined in the sole discretion of the Discus and shall relate to the quality of each Confirmed Nominee's application - will be selected to receive Discus Awards recognition and become Discus Awards Finalists or Honorable Mention Candidates.
Discus will attempt to verify the identity of each Confirmed Nominee who is selected as a Discus Awards Finalist. Discus will confirm that each Finalist wants to receive Discus Awards recognition. User agrees that this verification/confirmation process can occur via email communication between User and Discus or otherwise (as determined by Discus).
User agrees and acknowledges that the receipt of Discus Awards recognition is expressly conditioned upon User's compliance with this Agreement. Discus may withhold Discus Awards recognition if, in Discus's sole judgment, a Confirmed Nominee has violated this Agreement.
D. Discus Awards Honorable Mention Candidates
Some percentage of Confirmed Nominees - which percentage shall be determined in the sole discretion of the Discus and shall relate to the quality of each Confirmed Nominee's application - will be selected as Discus Awards Honorable Mention Candidates.
Discus may attempt to verify the identity of each Confirmed Nominee who is selected as an Honorable Mention Candidate. Discus will confirm that each recognition recipient wants to be an Honorable Mention Candidate. User agrees that this verification/confirmation process can occur via email communication between User and Discus or otherwise (as determined by Discus).
User agrees and acknowledges that recognition as a Discus Awards Honorable Mention Candidate is expressly conditioned upon User's compliance with this Agreement. Discus may withhold Honorable Mention Candidate recognition if, in Discus's sole judgment, a Confirmed Nominee has violated this Agreement.
E. Receiving a Scholarship
Discus Awards Finalists and Discus Awards Honorable Mention Candidates may be awarded Network Scholarship Award(s) or Scholarship Money Award(s) in conjunction with their Discus Awards recognition. User agrees that the amount of each Network Scholarship Award and Scholarship Money Award awarded through the Discus Awards program shall be determined in the sole discretion of the Discus.
The Center for Scholarship Administration will be the administrator of Open Scholarship Awards. Open Scholarship Awards may be applied to the cost of tuition, fees, books, and supplies at any United States accredited, public or private four-year or two-year college or university, technical college, community college or vocational school.
Discus will attempt to verify the identity of each Scholarship Winner. Discus will confirm that each Scholarship Winner wants to be a winner of a scholarship. User agrees that this verification/confirmation process can occur via email communication between User and Discus or otherwise (as determined by Discus).
User agrees and acknowledges that the receipt of a scholarship is expressly conditioned upon User's compliance with this Agreement. Discus may withhold Discus Awards recognition, a Network Scholarship Award, or an Open Scholarship Award if, in Discus's sole judgement, a Confirmed Nominee has violated this Agreement.
5. Site IP and Ownership
"Site IP" means any trademark, work of authorship or other form of expression and any other matter subject to intellectual property laws or regulations (including but not limited to HTML code, text, graphics, photographs, images, scripts, sounds, music, videos, interactive features, audio clips, digital downloads, logos, button icons, software and compilations of one or more of them) that are on the Site and that were not placed/uploaded to the Site by a User.
User agrees that, as between a User and Discus, all Site IP is the exclusive, worldwide property of Discus. Discus reserves all rights with respect to Site IP, and User agrees to not copy, display, transmit, sell, publicly perform, publish, distribute, use or make derivative works of Site IP for any purpose. Unauthorized use of the Site IP may violate copyright, trademark, and other laws.
User will not at any time take any action or make any omission that challenges, diminishes, or threatens Discus's exclusive, worldwide rights in and ownership of the Site IP. User acquires no right, title, or interest in or to the Site IP by virtue of this Agreement or otherwise.
6. User's Representations and Warranties and Rules for User's Conduct
By uploading Content to the Site, each User represents and warrants, at all times, that the Content placed on the Site by the User:
- Is (i) an original work of authorship of the User; (ii) owned by the User; or (iii) to the extent owned by someone other than the User, the owner of the Content has expressly authorized and permitted User to place or post the Content on the Site subject to the Site License and Licenses.
- Is not Personal Information about anyone other than the User or a person whom the User is nominating for Discus Awards recognition.
- Does not violate any copyright, trademark, trade secret or other intellectual property right of a third party.
- Does not violate a third party's right of privacy or publicity.
- Does not contain or include material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable to Discus.
- Does not falsely or misleadingly represent a place, group, organization, fictional character, or real individual.
- Does not include viruses, Trojan horses, worms, time bombs, cancelbots, or any other code or computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any Content, system, program, data, or Personal Information on or that is part of the Site.
- Is not unlawful and does not violate this Agreement or any regulation or Discus rule or policy.
- Does not breach a duty of confidentiality by which User is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Is not "spam."
- Does not promote or offer fraudulent or unlawful goods, services, schemes, or promotions.
- Is, to the best of User's knowledge, true and accurate and will not result in physical harm to any person.
Discus reserves the right to remove Content that, in Discus's sole discretion, violates the representations and warranties above or otherwise violates this Agreement.
User agrees not to circumvent, disable, reverse engineer, or otherwise interfere with the Site, security features of the Site, or features of the Site that prevent or restrict use or copying of any Content.
User agrees not to violate or attempt to violate the security of the Site, including, without limitation the following activities: (a) logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or other posting.
If Discus is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something User did in violation of this Agreement and/or based on Content placed on the Site by User, User agrees to indemnify Discus (including its officers, employees, directors, shareholders and agents) for all damages, attorneys' fees, losses, and costs assessed against or incurred by Discus (or them).
7. Use of Personal Information
It is critical that your Personal Information is accurate. If your Personal Information changes, Member agrees to promptly update Member's Personal Information. It is Member's responsibility to update all of your current Personal Information.
Member will have the opportunity to select a Member ID and password. Member is solely responsible in all respects for maintaining the confidentiality and security of Member's Member ID and Password. Member is solely responsible for the activity and Content that occurs under or is placed on the Site under the guise of Member's Member ID.
Discus may refuse to grant Member or require Member to change his/her Member ID or password if either impersonates someone else, is protected by trademark or other law, is vulgar or otherwise offensive, or for any other reason, at Discus's discretion.
Member agrees to notify Discus immediately of any unauthorized use of Member's Personal Information, Member ID, password or other registration or user account information.
Discus reserves the right to offer third-party services and products to Members based on preferences that Members identify as part of registration and at other times. Discus does not provide or make any representation or warranty as to the quality or nature of any of the third-party products or services made available through the Site or that are made available by a third-party.
If Member wishes to opt out of receiving such solicitations, Member must email Discus at info <at> discusawards <dot> com with Member's request.
8. Performance of the Site
Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. Discus makes no commitment, warranty or guarantee that the Site will (i) operate in a timely, uninterrupted or error-free manner, or (ii) meet a User's particular purposes. Discus may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to User.
Because computers and other equipment are subject to occasional malfunction, User agrees that User will not hold Discus responsible for any inadvertent damage to, corruption of or destruction of Content.
Because user authentication on the Internet is difficult, Discus cannot and does not confirm that each User is who he or she claims to be. Discus is not and will not be involved in User-to-User dealings or control the behavior of Users. If you have a dispute with a User, you release Discus (and Discus's officers, employees, agents and successors) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Changes are periodically made to the Site and may be made at any time, and the Site may contain typographical errors and inaccuracies. User acknowledges and agrees that User is solely responsible for User's reliance on information or content on the Site.
Discus does not and cannot guarantee and does not and cannot promise any results from use of the Site. No advice or information, whether oral or written, obtained by a User from Discus or through or from the Site shall create any warranty not expressly stated herein.
9. Discus's Disclaimers of Warranties and Limitations on Discus's Liability
DISCUS DOES NOT WARRANT THAT ANY DISCUS AWARDS RECOGNITION OR SCHOLARSHIP WINNER WILL BE ADMITTED TO ANY COLLEGE OR UNIVERSITY OR THAT ANY COLLEGE OR UNIVERSITY PARTICIPATING IN THE "DISCUS NETWORK" WILL REMAIN A PARTICIPANT AS OF ANY SCHOLARSHIP WINNER'S MATRICULATION DATE. DISCUS DOES NOT WARRANT THAT ANY THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DISCUS IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES PROVIDED BY DISCUS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DISCUS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. DISCUS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR DISCUS'S SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL DISCUS (INCLUDING ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, SHAREHOLDERS, OR AGENTS), ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, THE ABILITY OR INABILITY TO USE ANY SCHOLARSHIP AWARDED THROUGH THE SITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISCUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Discus of the content on such third-party websites. Discus is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.
If User is a California resident, User waives California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Term of this Agreement
This Agreement will remain in full force and effect while you are a User of the Site. Discus reserves the right, at its sole discretion, to terminate a Member's registration with or a User's ability to access the Site upon any breach of this Agreement or if Discus is unable to verify or authenticate any information a User submits to the Site. Even after you are no longer a User, certain provisions of this Agreement will remain in effect.
11. Amendments and Updates to this Agreement
Discus may, in its sole discretion, change the terms in this Agreement from time to time. When the terms are changed, Discus may (but is not obligated to) notify Members of the change(s) and make a posting on the Site regarding the change(s). Each User agrees to review this Agreement from time to time. If a User uses the Site after Discus has posted a revised or updated version of this Agreement on the Site, User agrees to be bound by all of the changes and hereby accepts any and all such revised versions of this Agreement.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Discus's Copyright Agent with the following information in writing (please consult your counsel and see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Discus's designated Copyright Agent to receive notifications of claimed infringement is and such written notice should be sent to Discus's designated Copyright Agent as follows:
4929 Bethesda Avenue
Bethesda, MD 20814
Email: DMCA <at> discusawards <dot> com (substitute appropriate symbols for "at" and "dot")
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Discus's customer service staff.
You acknowledge that if you fail to comply with all of the requirements of this section of the Agreement, your DMCA notice may not be valid.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, (i) please consult your counsel and see 17 U.S.C 512; and (ii) you may send a counter notice containing the following information to Discus's Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bethesda, Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notice is received by Discus's Copyright Agent, Discus may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the purported copyright owner files an action seeking a court order against the Member who uploaded the objectionable Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at Discus's sole discretion.
This Agreement cannot be amended except as specifically set forth in the Amendments section above.
This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by User, but they may be assigned by Discus without restriction.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
This Agreement constitutes the entire agreement between User and Discus concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, communications, or proposed agreements, written or oral.
By using the Site and/or completing the registration process and becoming a Member, User confirms that User has the full power and authority to enter into and perform this Agreement. User also agrees that this Agreement is a legal, valid, and binding contract, and that its terms and conditions can be enforced by Discus.
Discus encourages you to print and keep a copy for your reference and to seek the advice of counsel regarding this Agreement.
Every provision of this Agreement is intended to be severable. If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Maryland without regard to its "choice of law" provisions.
The User and Discus agree that any dispute involving this Agreement that cannot be settled by good-faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Bethesda, Maryland. The arbitration shall be conducted by a single arbitrator with significant experience in the area of copyright law and other significant subject matter of the dispute. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Discus shall not be responsible or liable for any delay caused by the occurrence of such event.
Neither this Agreement nor a User's participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between User and Discus.
This Agreement inures to the benefit of and applies to the User's and Discus's successors, assigns, heirs, divisions, subsidiaries, and employees.