FOR PARTICIPATING PEDIATRIC HEALTHCARE FACILITIES
The Starlight Children's Foundation
A 501(c)(3) CALIFORNIA NOT-FOR-PROFIT CORPORATION
THE STARLIGHT HUB IS AVAILABLE ONLY TO HEALTH CARE FACILITIES DULY LICENSED TO PROVIDE HEALTHCARE TO CHILDREN (A “PEDIATRIC HEALTHCARE FACILITY”).
Last Updated: September 2, 2020.
1. Starlight Offerings Available on the Starlight Hub
Starlight delivers happiness to seriously ill children by making Starlight Deliveries and Starlight Programs (together, “Starlight Offerings”) available to you through the Starlight Hub, so that you, in turn, can deliver happiness to the seriously ill children you serve by making Starlight Offerings available to them.
Starlight Deliveries. Through your Hub User Account, you may order games, toys, books, DVDs and more from Starlight. You may also download themed activity toolkits, such as coloring sheets, and other digital resources for immediate use. We refer to these items and downloads as “Starlight Deliveries.” They have been donated or made available to us through the generosity of our sponsors, and subject to availability, we are pleased to donate them or, as applicable, make them available to you free of charge.
Starlight Programs. Through your Hub User Account, you may also generate requests (each, a “Wish List”) for products custom-designed or created by or for Starlight and identified as such on the Starlight Hub (“Starlight Programs”), such as our Virtual Reality kits, children’s hospital wear, and gaming stations. Starlight Programs have been developed and/or created in collaboration with our donors and partners. Our goal is to have sufficient funding to deliver most Starlight Programs to you free of charge. However, if we cannot do so, we will give you the option on the Starlight Hub to purchase the Starlight Program on your Wish List.
The Starlight Hub also provides access to support and resource materials, your account information, feedback opportunities, order tracking, and other services, all as set forth on the Starlight Hub.
Fulfillment of all orders are handled by third-party service providers, who are solely and fully responsible for warehousing, packaging, shipment, delivery and other fulﬁllment activities in connection with Starlight Offerings. Title and risk of loss to a Starlight Offering pass to you at the time the Starlight Offering is delivered to a designated shipping carrier at Starlight’s fulfillment facility. More Information about our shipping terms can be found on our Shipping Terms & FAQ page: https://www.starlight.org/starlight-hub-shipping-terms/ (the “Shipping Terms”).
2. Pediatric Healthcare Facility Restrictions and Obligations
a. Non-solicitation. You shall not solicit products or donations from any Starlight donor or corporate sponsor to whom you are introduced for the ﬁrst time by Starlight, unless Starlight provides express prior written authorization.
b. Non-discrimination. You shall institute and abide by a non-discrimination policy in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the American with Disabilities Act of 1990, Regulations of the U.S. Department of Health and Human Services issued pursuant to the acts, Title 45 Code of Federal Regulations Part 80, 84, 91 and all other applicable federal, state and local laws, rules and regulations.
d. Feedback. In order to assess the effectiveness of the Starlight Offerings, and without providing any personal patient information or individually identifiable health information, you agree, upon request from time to time, to provide Starlight with feedback on the Starlight Offerings, including feedback as to whether a specific Starlight Offering is generally enhancing the hospital experience of pediatric hospital patients and any recommendations you may have about improving the particular item’s use or deployment, together with any technical or operational difficulties that may have been encountered. You also acknowledge and agree that such feedback is not confidential, and that your provision of such feedback is gratuitous and without restriction, and does not place Starlight under any fiduciary or other obligation.
e. License. You hereby grant to Starlight a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit (i) to the extent you have the right, the press statements referenced in paragraph 2(c) and (ii) the feedback referenced in paragraph 2(d), and, with respect to clauses (i) and (ii), in any format or media now known or hereafter developed for any purpose (including promotional purposes, such as testimonials.
4. Hub User Account Registration
When you register to create a Hub User Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Starlight’s registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it true, accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if Starlight has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete, Starlight reserves the right to suspend or terminate your Hub User Account (with or without warning).
5. Hub User Account Password and Security
As part of the registration process, you may be asked to select a username and password or you may receive a username and password. Starlight may refuse to grant you a username that personally identiﬁes you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion, as determined by Starlight in its sole discretion. You shall be responsible for the conﬁdentiality and use of your username and password and agree not to transfer your use of or access to your Hub User Account to any third party. If you have reason to believe that your Hub User Account is no longer secure, you must promptly change your password by visiting the “My Account” page on the Starlight Hub and immediately notify Starlight of the potential security breach by emailing email@example.com.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR HUB USER ACCOUNT. STARLIGHT IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
6. Your Use of Starlight Offerings
b. You shall not assign or otherwise transfer to any third party any Starlight gaming station, Virtual Reality kit, or such other Starlight Offering as may be identiﬁed in writing by Starlight on the Starlight Hub as a No-Transfer Offering (collectively, the “No-Transfer Offerings”).
c. If determined as appropriate by you, you will have the right to assign or otherwise transfer a Starlight Offering other than a No-Transfer Offering to a pediatric patient or his/her family at your facilities.
d. You shall store the Starlight Offerings at your facility premises under suitable conditions in accordance with the applicable manufacturer’s instructions and guidelines and in accordance with all applicable laws, rules and regulations.
e. You shall not charge for, nor accept voluntary, recommended or required cash “donations” for, use of, or direct or indirect exchange of, Starlight Offerings.
f. You shall ensure that Starlight Offerings are not (i) given to or taken by Pediatric Healthcare Facility volunteers, ofﬁcers, directors or employees for personal use or (ii) returned to a third-party vendor’s online or brick-and-mortar retail store.
g. With respect to Starlight Offerings that Starlight donates to you or otherwise makes available to you free of charge (“Donated Offerings”) you make the representations, acknowledgements and agreements in paragraph 6(g)(i) or 6(g)(ii), as applicable:
i. Pediatric Healthcare Facilities that are public charities. You represent that you are an exempt organization as described in Section 501(c)(3) of the Internal Revenue Code (“IRC”) and a public charity and not a private foundation under IRC Section 509(a). You agree that the Donated Offerings will be used solely in connection with the care of hospitalized or otherwise seriously ill children. You acknowledge that such use is exclusively in furtherance of your charitable purposes and in compliance with the inventory donation rules under IRC Section 170(e)(3) and Treasury Regulation Section 1.170A-4A(b). You agree that the Donated Offerings were not, and will not be, transferred in exchange for money, property or services and will not be used for any activity that will give rise to unrelated business income under IRC Section 512. You agree to maintain adequate books and records of the Donated Offerings and will make them available to the IRS upon request. Upon notice by Starlight, you will, no less than annually, affirm the representations, acknowledgements and agreements contained in this paragraph 6(g)(i).
ii. For-Profit Pediatric Healthcare Facilities. You agree that the Donated Offerings will be used solely in connection with the care of hospitalized or otherwise seriously ill children. You agree that the Donated Offerings will not be transferred in exchange for money, property or service. You agree to maintain adequate books and records of the Donated Offerings and will make them available to the IRS upon request. Upon notice by Starlight, you will, no less than annually, affirm the representations, acknowledgements and agreements contained in this paragraph 6(g)(ii).
IF YOU USE ANY DONATED OFFERINGS OTHER THAN AS SET FORTH IN THIS PARAGRAPH OR YOU DO NOT COMPLY WITH ANY REPRESENTATION, ACKNOWLEDGEMENT OR AGREEMENT SET FORTH IN THIS PARAGRAPH 6(g), STARLIGHT RESERVES THE RIGHT, UPON THIRTY (30) DAYS’ NOTICE TO YOU, TO TAKE BACK ANY DONATED OFFERINGS AND NOT TO MAKE DONATED OFFERINGS TO YOU IN THE FUTURE.
h. You shall maintain complete, accurate and otherwise adequate books and records of any Starlight Offerings you receive as required by applicable tax regulations and, within thirty (30) days of a written request by Starlight, shall make such records available to Starlight, its designated agents and/or applicable governing bodies.
You hereby acknowledge that you either have been advised by legal counsel or are familiar with Section 1542 of the California Civil Code (or other similar laws in other applicable jurisdictions) which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You may cancel your Hub User Account and terminate your access to the Starlight Hub by submitting a termination request to firstname.lastname@example.org.
Starlight may, without warning and without prior notice, suspend, terminate or limit access to your Hub User Account and/or the Starlight Hub with or without cause. Cause for such termination, suspension and/or limitation of access includes, but is not limited to:
a. The grounds for termination specified in Section 12 of the General Terms;
c. Change of your status as a foundation, non-proﬁt organization, or military or public facility.
You agree that any termination, suspension and/ or limitation of access shall be made in Starlight’s sole discretion and that Starlight shall not be liable to you or any third party for the termination, suspension or limitation of access (as applicable) of or to your Hub User Account and the Starlight Hub.
10. Third-Party Materials
Additionally, other web sites may provide links to the Starlight Hub with or without Starlight’s authorization. You acknowledge and agree that Starlight and its afﬁliates, suppliers and agents do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Starlight Hub, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Starlight shall have the right, at any time and in its sole discretion, to block links to the Starlight Hub through technological or other means without prior notice.
11. Warranties and Disclaimers
a. YOUR USE OF THE STARLIGHT OFFERINGS IS AT YOUR SOLE RISK. THE STARLIGHT OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STARLIGHT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING WHETHER ANY STARLIGHT OFFERING IS INTENDED OR SUITABLE FOR USE BY ANY END USER, INCLUDING CHILDREN OF ANY PARTICULAR AGE), AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow or limit the duration of the exclusion of implied warranties, so the above exclusions may not apply to you.
b. STARLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE STARLIGHT OFFERINGS PROVIDED OR MADE AVAILABLE THROUGH THE STARLIGHT HUB SHALL MEET YOUR REQUIREMENTS; (ii) ANY STARLIGHT OFFERING SHALL BE PROVIDED AT A PARTICULAR TIME OR PLACE; (iii) ANY STARLIGHT OFFERING SHALL BE FREE FROM DEFECTS OF ANY KIND; OR (iv) ANY STARLIGHT OFFERING SHALL MEET CERTAIN SPECIFICATIONS OR IS INTENDED OR SUITABLE FOR DISTRIBUTION TO OR USE BY ANY END USER, INCLUDING CHILDREN OF ANY PARTICULAR AGE.
c. ANY STARLIGHT OFFERING DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE HUB USER ACCOUNT IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION IN CONNECTION WITH ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
e. STARLIGHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE STARLIGHT HUB THROUGH THE HUB USER ACCOUNT OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STARLIGHT SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
f. STARLIGHT MAKES NO REPRESENTATIONS AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, VALIDITY OR TIMELINESS OF ANY LISTINGS, DESCRIPTIONS OR IMAGES OF STARLIGHT OFFERINGS (INCLUDING ANY FEATURES, SPECIFICATIONS AND PRICES CONTAINED THEREIN). SUCH INFORMATION AND THE AVAILABILITY OF ANY STARLIGHT OFFERING ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. CERTAIN WEIGHTS, MEASURES AND SIMILAR DESCRIPTIONS ARE APPROXIMATE AND ARE FOR CONVENIENCE ONLY. STARLIGHT MAKES REASONABLE EFFORTS TO DISPLAY ACCURATELY THE ATTRIBUTES OF STARLIGHT OFFERINGS, INCLUDING THE APPLICABLE COLORS. HOWEVER, THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. DESCRIPTIONS OR IMAGES OF, OR REFERENCES TO, TOYS OR OTHER STARLIGHT DELIVERIES ON THE STARLIGHT HUB DO NOT IMPLY STARLIGHT’S ENDORSEMENT OF SUCH TOYS OR OTHER STARLIGHT DELIVERIES.
12. Limitation of Liability
STARLIGHT IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS OR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER), OR ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF STARLIGHT, IN EACH CASE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE STARLIGHT OFFERINGS (INCLUDING, WITHOUT LIMITATION, THE USE OF ANY SUCH STARLIGHT OFFERING BY A CHILD OR OTHER END USER), AND YOUR ACCESS TO AND USE OF THE FOREGOING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY STARLIGHT OFFERINGS IS TO STOP USING THE APPLICABLE STARLIGHT OFFERING. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO STARLIGHT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO STARLIGHT, IF ANY, TO PURCHASE THE APPLICABLE STARLIGHT OFFERING. Some states do not allow the exclusion or limitation of incidental or consequential damages or damages arising from gross negligence or intentional misconduct, so such limitation or exclusion above may not apply to you.
13. General Provisions
g. Starlight shall not be responsible for failures to fulﬁll any obligations due to causes beyond its control.
k. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
Delivering happiness to seriously ill kids
Starlight Children's Foundation is a 501(c)(3) organization.
© 2020 Starlight Children's Foundation