LAST UPDATED: [_]/2017
Online Terms of Service
Please read this Terms of Service agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Service agreement.
This Terms of Service Agreement (this “Agreement”) is between you and Youth Venture, Inc. (“Youth Venture,” “we” or “us”) concerning your use of the website currently located at www.youthventure.org (together with any successor site(s) and all Services (as defined below), the “Site”).
You represent and warrant that you are over the age of 18 and are not a person barred from receiving the Site under the laws of the United States or other applicable jurisdiction. If you are not over the age of 18, you must not use the Site. You also represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
This Agreement contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
1. Acceptance of Terms. The Site is made available by Youth Venture subject to this Agreement and to any additional rules and guidelines that we may post on the Site. By accessing or using the Site, you consent to be bound by this Agreement.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement refer to both the individual using the Site and to any such Organization.
2. Changes to this Agreement and the Site. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date of such posting or other notification.
We may, at any time, temporarily or permanently modify or discontinue all or part of the Site, with or without notice; charge, modify and/or waive fees in connection with the use of the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.
3. Jurisdictional Issues. The Site is controlled and operated by Youth Venture from the United States and is not intended to subject Youth Venture to the laws or jurisdiction of any state, country or territory other than that of the United States. Youth Venture does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
4. Description of the Services. We provide users of the Site with access to content, information and other materials about individuals who are involved in various activities in connection with young people who participate in and lead their own organizations for the betterment of their communities (collectively, the “Services”).
6. Rules of Conduct. While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users to respect the rights and dignity of others. You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Any virus, worm, Trojan horse or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or other equipment.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or any other form of solicitation.
Use the Site for any fraudulent or unlawful purpose.
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
Impersonate any person or entity, including any representative of Youth Venture; falsely state or otherwise misrepresent your affiliation with any person or entity; or state or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Site or its servers or networks, or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without Youth Venture’s express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without Youth Venture’s express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site, without Youth Venture’s express prior written consent. Notwithstanding the foregoing, and subject to the following sentence, Youth Venture grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Youth Venture reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You also acknowledge and agree that you (and not Youth Venture) are responsible for obtaining, maintaining and paying for all telecommunications, networking and computer hardware, equipment and services needed to access and use the Site.
7. Registration; User Names and Passwords. You may be required to register with Youth Venture in order to access certain Services or areas of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name and for any use or misuse of your user name or password. You agree to immediately notify Youth Venture of any unauthorized use of your password, user name or Site account.
8. Forums, Profiles and Submissions. We and/or our third party service provider(s) may make available through the Site services (for example, message boards and forums, among other services) to which you are able to post information and materials (each, a “Forum”). In addition, you may post certain information and materials on your profile page (your “Profile”). Information in our Forums and in Profiles may be provided both by Youth Venture and by third party visitors to the Site. Site visitors may post messages or make statements in the Forums and/or in Profiles that are inaccurate, misleading or deceptive. Youth Venture neither endorses nor is responsible for any opinion, advice, information or statements made in the Forums and in Profiles by third parties. Without limitation, Youth Venture and its sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members (collectively, the “Released Parties”) are not responsible for any information or materials made available through the Forums and Profiles (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will the Released Parties be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums and Profiles reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Youth Venture.
In addition, the Released Parties have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum, Profile or any other part of the Site. If you choose to make any information publicly available, you do so at your own risk.
9. License. For any information and/or materials you submit through a Forum or a Profile, or otherwise to the Site (each, a “Submission”), you grant to Youth Venture and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, fully (through multiple tiers), fully paid-up, irrevocable right and license, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform and otherwise use and exploit such Submission, in any format or media now known or hereafter developed and for any purpose. For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Submission, and your provision of it to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this license and waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
10. Monitoring. We may (but have no obligation to) monitor, evaluate, refuse to post, remove or alter Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason.
11. Your Suggestions. You grant to Youth Venture all right, title and interest to any suggestion, recommendation or other feedback (collectively, “Feedback”) that you provide to us. In the event this grant is not sufficient, you grant to Youth Venture a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into its products and/or services (including the Site) all Feedback. You hereby acknowledge and agree that Feedback is not confidential, and that your provision of Feedback is gratuitous, unsolicited, and without restriction, and does not place Youth Venture under any fiduciary or other obligation.
12. Donations and Other Purchases. We may allow you to make donations and purchases through the Site. If you do so, you may be asked to supply relevant information, including your financial account number, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO INITIATE TRANSACTIONS (INCLUDING CREDIT OR DEBIT TRANSACTIONS) TO YOUR FINANCIAL ACCOUNT USING THE ACCOUNT NUMBER SUBMITTED TO US. By submitting such information, you grant Youth Venture the right to provide it to third parties for purposes of facilitating the transaction. Verification of information may be required prior to the acknowledgment or completion of any transaction. If you make a donation or purchase through the Site, you agree to pay any applicable fees (including standard credit card processing fees) and taxes.
13. Youth Venture’s Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of Youth Venture and its licensors and suppliers and are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Youth Venture to access and use the Site, you may download and print any materials available on the Site to which we provide you access, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices included on or with such materials. Except as expressly authorized herein or in advance by Youth Venture in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (whether in whole or in part) on all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of Youth Venture include without limitation: EU: Dream it. Do it.; USA: Dream it. Do it.; India: "Youth Venture" Dream it. Do it.; and any associated logos. All trademarks and service marks on the Site not owned by Youth Venture are the property of their respective owners. The trade names, trademarks and service marks owned by Youth Venture, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without the owner’s express prior written consent.
14. Links. The Site may provide links to or feeds from other websites and online resources (“Outside Content”). Except as otherwise expressly stated by us on the Site, we are not affiliated or associated with the operators of any Outside Content. The Released Parties do not endorse any Outside Content and expressly disclaim any responsibility for the accuracy, content or availability of Outside Content.
You agree that your use of Outside Content, including without limitation your use of any content, information, data, products, services or other materials available on or through such Outside Content, is at your own risk and is subject to the terms and conditions of use applicable to such Outside Content. Youth Venture shall have the right (but not the obligation), at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
15. Disclaimer of Warranties. The Site and any products or services made available through the Site are provided to you “as is” without any express representations or warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the Site, including without limitation, any reliance on the accuracy, reliability, completeness or usefulness of any materials available through the Site. The Released Parties disclaim all statutory and implied representations and warranties with respect to the Site and any product or service (including without limitation, third-party products and services) obtained through the site, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, noninfringement and title. The Released Parties neither warrant nor represent that the Site or information available through the Site will enable you to achieve any particular result or outcome, legal, economic, educational or otherwise.
16. Limitation of liability. The Released Parties will not be liable to you or any third party claiming through you for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Site, under any contract, tort (including without limitation negligence), strict liability or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, the Released Parties will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any content posted on the site by Youth Venture or any third party. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. The maximum aggregate liability of the Released Parties and your sole and exclusive remedy for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the greater of (A) fifty dollars ($50.00), or (B) the total amount, if any, paid by you to Youth Venture to access and use the Site.
Applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
While we try to maintain the integrity and security of the Site, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at [email protected] with the subject line “Third Party Alteration,” a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
18. Termination. This Agreement is effective until terminated. Youth Venture, in its sole discretion, may terminate your access to or use of the Site, at any time and for any or no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Youth Venture may immediately deactivate or delete your password and user name and all information and files associated with it and/or bar any further access to such information or files. You agree that the Released Parties shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any such termination. the rights granted to you under Section 13 to access and use the Site, the remainder of this Agreement shall survive any expiration or termination of this Agreement.
19. Arbitration and Dispute . This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Virginia, U.S.A., without regards to its principles of conflicts of law.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Youth Venture, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and each of Youth Venture and you hereby waive the right to trial by a jury. Each of Youth Venture and you hereby agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you hereby agree to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/youthventure/files/Consumer%20Rules.pdf), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. [Note to Youth Venture: We recommend an arbitration provision like the above, but if you prefer different arbitration terms, we can insert them here instead.]
Notwithstanding the foregoing, for all claims arising out of or related to this Agreement or the Site that are not subject to arbitration under the previous paragraph, you agree to personal jurisdiction by the federal and state courts located in Arlington County or Fairfax County, Virginia, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. Before you assert any claim against us in any court, you must first raise that claim with us by contacting us at 1700 North Moore Street, Suite 2000 / Arlington, VA 22209 USA / Attention: Executive Director, and giving us an opportunity to attempt to resolve the claim through discussions with you. Similarly, before we assert a claim against you in any court, we must first attempt to resolve the claim through discussions with you by contacting you at the most recent address that we have on file for you.
20. User Disputes. You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Notwithstanding the foregoing, we shall not be liable for any claims, damages or other losses arising out of any disputes between users.
21. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Youth Venture a notice requesting that Youth Venture remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Youth Venture a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Youth Venture – Copyright, 1700 North Moore Street, Suite 2000, Arlington, VA 22209 Attention: Executive Director.
22. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions by email to [email protected] with “Terms of Service” in the subject line of the email.
23. Filtering. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online (http://onguardonline.gov/). Please note that Youth Venture does not endorse any of the products or services listed at such sites.
24. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] with “Attention: Executive Director” in the subject line. You may also contact us by writing to 1700 North Moore Street, Suite 2000 / Arlington, VA 22209 USA / Attention: Executive Director, or by calling us at 703-527-8300. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
25. Export Control. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not export any Services or software available on or through the Site except as authorized by United States law.
26. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Youth Venture. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any such assignment, transfer or sublicense without our express prior written consent is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Youth Venture relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Youth Venture relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in Youth Venture’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Youth Venture will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Site © 2007-2017 Youth Venture, Inc., unless otherwise noted. All rights reserved.