Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SAVING CASE & FRIENDS, INC. governing your use of this Service, projectalive.org, which includes but is not limited to products, software and services offered by way of the website such as any “Video Player,” “Uploader,” and other applications that link to these Terms (the “Service”). “Saving Case & Friends” (SC&F) includes Saving Case & Friends, Inc. (including the Project Alive campaign), and any and all licensees that produce or distribute SC&F Products. An SC&F Product is defined as “a product of Saving Case & Friends, a subsidiary, affiliate, joint venturer, or licensee of Saving Case & Friends, in any language, over which Saving Case & Friends has Editorial Control.” For the purposes of this Agreement, “Editorial Control” means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the SC&F Product.
Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.
In order to utilize certain functionality of the Service, you must complete a registration process. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Saving Case & Friends of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Saving Case & Friends from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Saving Case & Friends and processing of such data by Saving Case & Friends in connection with your use of the Service. You consent to the technical processing and transmission involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Service is owned by Saving Case & Friends. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Saving Case & Friends.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
That you may only download Content that Saving Case & Friends designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
To not reproduce, distribute, modify, re-post on another Service (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Saving Case & Friends.
To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
To refrain from framing, inline linking, or mirroring any portion of the Service.
You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).
Saving Case & Friends will make no sale of Your Content to a third party.
By uploading Your Content, however, you grant Saving Case & Friends (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with SC&F Products. Saving Case & Friends may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such SC&F Products. You also grant Saving Case & Friends permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that Saving Case & Friends may make Your Content available to users of the Service who may display and redistribute it in the same way that Saving Case & Friends makes all other Content available.
Saving Case & Friends may use Your Content, without compensation to you, in any SC&F Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, such as “#WhenIGrowUp Photos,” “Messages,” or successor sections or communities of the service.
Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that Saving Case & Friends requires to make payments to third parties. Saving Case & Friends also reserves the right not to make payment to you if Saving Case & Friends reasonably believes that to do so would violate applicable law.
The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Although Saving Case & Friends does not routinely monitor the postings to the Service, Saving Case & Friends reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Saving Case & Friends considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Saving Case & Friends, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Saving Case & Friends reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the United States.
The Service may provide, or third parties may provide, links to other sites or resources. Because Saving Case & Friends has no control over such sites and resources, you acknowledge and agree that Saving Case & Friends is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Saving Case & Friends shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Saving Case & Friends will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Saving Case & Friends is under no obligation to become involved, and you agree to release Saving Case & Friends and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAVING CASE & FRIENDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAVING CASE & FRIENDS MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAVING CASE & FRIENDS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SAVING CASE & FRIENDS, OR OUR AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF SAVING CASE & FRIENDS AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SAVING CASE & FRIENDS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Saving Case & Friends wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Saving Case & Friends. Saving Case & Friends neither endorses nor guarantees the accuracy of any of Your Content. Saving Case & Friends may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Saving Case & Friends engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
Post Your Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Saving Case & Friends’ mission of raising public awareness of and funds for research in Hunter Syndrome;
Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Saving Case & Friends’ use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Your Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate;
Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service;
Not post anonymously or impersonate any other person;
Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Saving Case & Friends.
Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SAVING CASE & FRIENDS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Do share freely. We encourage an open exchange of information and ideas.
Don’t be unpleasant, dishonest, or inappropriate.
You agree to indemnify, defend, and hold harmless Saving Case & Friends; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms. Saving Case & Friends reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Saving Case & Friends.
With respect to your use of any Video Player offered on the Service, you also agree:
If you use a Video Player on your website, you must include a prominent link back to the Service on the pages containing the Video Player and you may not modify, build upon, or block any portion of the Video Player in any way;
You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, threatening, harassing, vulgar, indecent, profane, hateful, or racially or ethnically offensive, (ii) encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, or infringes any right of any third party including intellectual property rights, (iii) is otherwise inappropriate or objectionable to Saving Case & Friends (in Saving Case & Friends’ sole discretion), or (iv) links to infringing or unauthorized content (collectively, “Unsuitable Material”);
You are prohibited from embedding the Video Player into any hardware or software application, even for non-commercial purposes. Saving Case & Friends reserves the right to prevent embedding to any website or other location that Saving Case & Friends finds inappropriate or objectionable (as determined by Saving Case & Friends in its sole discretion); and
You may make no use of the Video Player for any commercial use, without the prior written authorization of Saving Case & Friends; provided, however, that you may use the Video Player to show Saving Case & Friends content on an ad-enabled blog or website, provided the primary purpose of using the Video Player is not to gain advertising or any other form of revenue (e.g. license fees, subscriptions, etc.). Prohibited commercial uses include, without limitation, any use of the Video Player that Saving Case & Friends finds, in its sole discretion, to use Saving Case & Friends resources or Your Content with the effect of competing with or displacing the market for Saving Case & Friends content.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Nashville, Tennessee, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Tennessee, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-United States company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Saving Case & Friends is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Saving Case & Friends for its respective legal fees, costs, and disbursements if Saving Case & Friends is successful.
These Terms and any other operating rules or terms currently posted on the Service constitute the entire agreement between Saving Case & Friends and the users of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Saving Case & Friends may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.