Terms and Conditions of Service
1 ACCEPTANCE OF TERMS
Welcome to YouthToday.org, a website provided to you by the American Youth Work Center. These Terms and Conditions of Service ("Terms and Conditions") govern your use of this website and the services provided through this site (the "Services"). You should carefully read these Terms and Conditions before using the site or the Services. By using the site or the Services, you agree to be bound by our Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the site or the Services.
We may change these Terms and Conditions from time to time. These Terms and Conditions were last updated on December 15, 2007.
2 USE OF MATERIALS AND SERVICES ON THIS SITE
Youth Today maintains this site for your personal information, education and communication. Please feel free to browse our site. All materials on our site, including, but not limited to, artwork, photographs, graphics, audio clips, video clips, text and trademarks, are the sole property of Youth Today or its licensors. The materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
Youth Today's mission is to encourage public discourse on youth policies through independent journalism. Youth Today's policy is to allow limited reproduction and distribution of the copyrighted materials on our site as follows with prior permission only. Permission may be granted to copy and distribute content from this site provided that (1) the particular article or section is reproduced in its entirety in its original form (you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notices); (2) all copies include a statement that the material was reproduced from YouthToday.org with permission of Youth Today; (3) the copies are distributed only for the noncommercial educational or public policy purposes; and (4) the copies are distributed at no charge, or at most, at actual cost. Youth Today holds the exclusive right to grant these permissions.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of our site without prior written authorization from Youth Today. In no event may Youth Today trademarks, graphics, artwork or other visual or audio elements be reproduced separately from the textual content associated with them on the site. To request any and all such redistribution permissions, contact firstname.lastname@example.org or (202) 785-0764.
If you download software from the site in order to use the materials as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively "software") is licensed to you by Youth Today or the owner of such software. Youth Today does not transfer the title to you. You own the media on which the software is recorded, but Youth Today retains full title to the software, and all intellectual property rights therein. You may not reproduce, redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form.
3 PRIVACY AND SECURITY
Electronic mail is not necessarily secure and you are cautioned that any messages you send to us by email are outside this website and our control. Please do not send sensitive, confidential information to us by email.
You understand that the Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Services. You hereby agree to release Youth Today from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the site or the Services.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT. INFORMATION PROVIDED THROUGH THIS SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SERVICES, ARE YOUR SOLE RESPONSIBILITY.
5 DISCLAIMER OF WARRANTIES
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUTH TODAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOUTH TODAY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
6 EXCLUSIONS AND LIMITATION OF LIABILITY
You agree that Youth Today shall have no liability for the deletion or failure to store or display any messages and other communications or other content submitted for posting, maintained on the site or transmitted using the site or Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUTH TODAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF YOUTH TODAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) YOUR RELIANCE ON ANY OF THE SERVICES; (iv) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, (v) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
7 CONDUCT ON THE SITE
You are responsible for all content that you transmit using the site or Services. Likewise, you are responsible for respecting Youth Today's and third parties' rights with respect to content that appears on the site and not to download, email or otherwise transmit such content in violation of Youth Today's and third parties' rights. You agree not to use the site or Services to:
Transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person or entity.
Transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically or otherwise offensive.
Impersonate another person or entity, including without limitation, a representative of Youth Today or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or manipulate identifiers that would disguise the origin of any content transmitted through the site or Services.
Use the site or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
Directly or indirectly, intentionally disrupt or interfere with the site or Services in any manner that may materially adversely affect Youth Today, you or any third party.
Transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities.
Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, Social Security numbers, passwords or other similar information.
Use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the site or to break into any of its servers.
8 NO RESALE OF SERVICES
You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the site or Services to provide any commercial services to third parties.
9 OWNERSHIP OF CONTENT
You understand and agree that your use of the site and Services entitles Youth Today to use, monitor and preserve copies of all information and content and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of the Terms and Conditions, assist in responding to claims that content violates the rights of third parties, protect the personal safety of any person or protect the property rights of Youth Today or any other person or entity.
The site or the Services may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Youth Today with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and that Youth Today is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site. In addition, you should be aware that your use of any linked site is subject to the terms and conditions and privacy policies applicable to that site. YOUTH TODAY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
We generally do not object to links made from third party sites to our site. Links to our site should use our legal name but not any of our trademarks. Without our consent, links may not be presented in any way that suggests we have a relationship or affiliation with a third party's site or that we endorse, sponsor or recommend the third party site, any content contained in the site or any goods or services offered through the third party site. You may not link to this site if we notify you in writing to remove links to this site.
You agree to hold harmless and indemnify Youth Today and its affiliates, officers, directors and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the site or Services including, without limitation (a) any content provided by you and (b) any use of the site or Services that violates applicable law or the Terms and Conditions.
12 COPYRIGHT CLAIMS
To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by fax or regular mail. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights.
Please provide us with the following information:
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website.
Your address, telephone number and email address.
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the paper.
Send the written communication to the following address:
1331 H St. NW
Washington, DC 20005
13 JURISDICTION AND VENUE
These Terms and Conditions and your use of this site and the Services will be governed by the laws of the District of Columbia, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Youth Today will rest exclusively in the courts of the District of Columbia.
14 NOTICE OF CHANGES
Youth Today may change the Terms and Conditions as necessary. If such a change is made, Youth Today will post the revised Terms and Conditions on the site. Youth Today reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. You understand and agree that Youth Today may from time to time establish and revise practices and limitations concerning your use of the site and Services.
The Terms and Conditions constitute the entire agreement between you and Youth Today, and it governs your use of the site and Services. You also may be subject to additional terms and conditions that may apply when you use software or third party content or services available through the site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Youth Today to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose.