Please read these Terms of Service carefully. By accessing an application for a microgrant through the Student Solidarity Fund (the "Application”), you agree to be bound by the terms and conditions described here and all terms incorporated by reference. If you do not agree to all of these terms, do not access the Application.
These Terms of Service ("Terms”) apply to your access to, and use and submission of, the Application located at https://blmfund.zendesk.com/hc/en-us/requests/new and operated by Black Lives Matter Global Network Foundation, Inc. ("BLM,” "we,” or "us”).
1. Application. In order to be eligible to receive a microgrant through the STUDENT SOLIDARITY Fund, you must submit a complete Application. In order to receive a microgrant, you may also be required to provide documentation to verify your identity, such as your Social Security number/ Individual Taxpayer Identification Number, photo ID, or date of birth.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users, including any information you submit as part of your Application.
3. Submissions. You acknowledge and agree that any information you submit as part of your Application, or other information or materials regarding the Application that are provided by you in the form of email or other submissions to BLM (collectively, "User Content”) are non-confidential. BLM is entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
You agree not to transmit or distribute through the Application or provide to BLM any material that is fraudulent, deceptive, misleading, harassing, threatening, abusive, illegal, invasive of privacy or publicity rights, or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or that violate the rights of any party.
BLM takes no responsibility and assumes no liability for any User Content submitted, stored or uploaded by you or any third party, or for any loss or damage thereto. You represent and warrant that (a) you own and control all of the rights to the User Content that you submit or you otherwise have the right to submit such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
4. Consent to Communications. You consent to our communicating with you about the Application by phone call, SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
5. Use of Funds. If you receive a microgrant through the Student Solidarity Fund, you acknowledge that BLM has not designated or earmarked funds for any particular activity. Other than the restrictions set forth in these Terms, BLM will exercise no direction or control over how the microgrant funds are spent and you will not discuss with BLM how funds are being spent prior to their disbursement. You agree not to use any of the funds provided to: (a) lobby; (b) influence the outcome of any election for public office; or (c) conduct criminal activity.
6. Independent Contractor. Nothing in these Terms shall create, or be deemed to create, any relationship of employer and employee between you and BLM. You are responsible for reporting and payment of all applicable obligations to state and/or federal governmental agencies, including, but not limited to, income tax.
7. Limitation of Liability. IN NO EVENT SHALL BLM, OR ITS OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE STUDENT SOLIDARITY FUND, THE USE OF OR INABILITY TO USE THE APPLICATION, OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BLM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLM'S, RECORDS, PROGRAMS OR WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLM, OR ITS EMPLOYEES, AGENTS OR VOLUNTEERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE STUDENT SOLIDARITY FUND OR USE OF OR INABILITY TO USE THE APPLICATION OR THE APPLICATION MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BLM FOR ACCESS TO OR USE OF THE APPLICATION.
8. Indemnification. You agree to defend, indemnify and hold harmless BLM, its independent contractors, service providers, and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, any content you post, store or otherwise transmit on or through the Application, or your use of the Application.
9. Applicable Law and Venue. These Terms and your use of the Application shall be governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
10. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.