YouthActionNet
Terms & Conditions of Use

TERMS AND CONDITIONS OF USE

WELCOME TO THE YOUTHACTIONNET.ORG WEBSITE (“YouthActionNet®”), WHICH IS OPERATED BY THE INTERNATIONAL YOUTH FOUNDATION (“IYF”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. THEY GOVERN THE USE OF YouthActionNet® BY ALL INDIVIDUALS WHO ACCESS YouthActionNet®, EXCEPT FOR THOSE TERMS THAT EXPRESSLY APPLY TO YouthActionNet® MEMBERS (“MEMBERS”) ONLY. BY USING YouthActionNet®, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE MODIFIED BY IYF FROM TIME TO TIME AND POSTED ON YouthActionNet®. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE YouthActionNet®.

By using YouthActionNet® you agree as follows:

1.         User Content Warranties.

You represent, warrant, and covenant that:

1.1     You will not upload, post, or transmit to or distribute or otherwise publish through YouthActionNet® any content or materials that: (i) restrict or inhibit any other user from using and enjoying YouthActionNet®; (ii) are unlawful, or which IYF deems to be threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, bigoted, hateful, racially offensive, pornographic, profane, sexually explicit, indecent, or harmful to minors; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iv) violate, plagiarize, or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, trojan horse, or other harmful component; (vi) contain any information, software, or other material of a commercial nature; (vii) contain advertising of any kind; (viii) misrepresent your identity or affiliation with any person or entity, or constitute or contain false or misleading indications of origin or statements of fact; (ix) constitutes antisocial, disruptive, or destructive acts, including but not limited to “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet; and

1.2     You are at least thirteen (13) years old.

2.         User Content Disclaimer.

IYF does not and cannot review all Information published in and/or provided to YouthActionNet® by users, and IYF is not in any way responsible for any such Information. However, IYF reserves the right at all times: (1) to review such Information as IYF in its sole discretion determines is appropriate; (2) to disclose any information as necessary to satisfy any law, regulation, or government request; and/or (3) to edit, refuse to post, and/or remove any information or materials, in whole or in part, that in IYF's sole discretion are objectionable or in violation of any of these Terms of Use.

3.         Copyrights and Other Intellectual Property.

Except as expressly otherwise stated in YouthActionNet®, all information, documentation, and other content (collectively the "Information") published in YouthActionNet® are the property of IYF. Without limiting the foregoing, the graphics, icons, organization, arrangement, and overall appearance of YouthActionNet® are also the property of IYF. The posting of Information by IYF does not constitute a waiver of any of IYF's proprietary rights in such Information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright, trademark, and other laws and conventions, both as individual works and as a collective work and/or compilation. You may not sell, reprint, republish, copy, upload, post, transmit, or distribute in any form or media, the Information or any portion thereof without the prior written consent of IYF, except that you may download one copy of the materials on a single computer for your own personal non-commercial use only, provided that you (1) keep intact all copyright and other proprietary notices, (2) make no modifications to the materials, (3) do not use the materials in a manner that is inconsistent with IYF’s tax-exempt charitable and educational mission, and its initiatives, products, services, or brands, and (4) do not download quantities of materials to a database that can be used to avoid future downloads from YouthActionNet®. The use of any YouthActionNet® material on any other Website or computer environment is prohibited, unless you obtain prior written permission from IYF to do so. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Information on YouthActionNet®.

"International Youth Foundation®", "IYF®", the "International Youth Foundation®" logo, and "YouthActionNet®” are trademarks and service marks of IYF and/or its respective licensors or cooperating organizations. All other trademarks, service marks, and logos used in YouthActionNet® are the trademarks, service marks, or logos of their respective owners.

If you are a Member, you hereby expressly assign to IYF all copyright, trademark, patent, rights of privacy or publicity, moral rights, and/or any other proprietary rights that you hold with respect to Information that you have published or will publish in the YouthActionNet® Members’ Sections; and you agree to indemnify and hold IYF harmless for any violation, plagiarism, or infringement of the copyright, trademark, patent, rights of privacy or publicity, moral rights, and/or any other proprietary rights belonging to third parties, resulting from a Members’ posting of Information on the YouthActionNet® Members’ Sections.

4.         Submissions to and Use of YouthActionNet®.

IYF is pleased to receive communications from users of YouthActionNet® and welcome your comments regarding our initiatives and services. However, our longstanding policy does not allow us to accept or consider creative ideas, submissions, or materials other than those that we have specifically requested or have accepted from individuals in conjunction with their participation as Members (see Terms and Conditions for Service for more details). The intent of this policy is to avoid the possibility of future misunderstandings if products or services developed by IYF appear to be similar to others’ creative work.

YouthActionNet® is targeted to users who are above the age of 13, and only those users who are over the age of 18 years are invited to submit information to the YouthActionNet® site. For all submissions of Information or other content by you (including but not limited to posting messages, uploading files, inputting data, participating in forums, or engaging in any other form of communication to or through YouthActionNet®), whether solicited or unsolicited by IYF, you grant IYF and its respective affiliates and sub licensees a nonexclusive, royalty-free, perpetual, irrevocable, global, and fully sublicenseable license and right to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, transmit, sublicense and display or publish such content or any concept described in it in connection with YouthActionNet®, and in any media or product, now known or hereafter developed, without compensation, restrictions on use, acknowledgement of source, accountability or liability. You hereby waive all rights to any claim against IYF for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. The content of and provision of information on Y YouthActionNet® may be subject to international, national and local laws and restrictions. You agree to comply with all applicable laws and regulations regarding YouthActionNet®, including without limitation in regard to the transmission of Materials, information and data. See Section 5 below for specific terms and conditions regarding Personal Contributions.

5.         Use of Personal Contributions.

Without limiting the foregoing, IYF reserves the right to use the name, likeness, voice, recording, and/or writing (“Personal Contributions”) of any user of YouthActionNet® (including any Member) who publishes Personal Contributions at YouthActionNet®, voluntarily submits Personal Contributions to IYF, or consents to IYF’s acquiring and/or preserving his or her Personal Contributions, in any way that IYF believes is proper, in any place throughout the world, for any purpose, including but not limited to, copying, displaying, sending, or giving Personal Contributions to anyone else in the world, owning the copyright in and to the Personal Contributions (except for an individual’s name), and using the Personal Contributions in any form of media that now exists or may exist in the future, without ever having to compensate the creator or subject of the Personal Contributions, so long as IYF determines that doing so supports or benefits the purposes of IYF and so long as to YouthActionNet®’s knowledge such user is not age 13 or under. IYF’s rights to Personal Contributions encompass any photo, film, or image that IYF has taken of a Member or a voluntarily submitting or consenting Visitor, any recording that IYF has made of a Member or a voluntarily submitting or consenting Visitor, and any information disclosed to IYF in the course of an interview for IYF publications, applying for Membership in YouthActionNet® or participation in IYF programs, or in the course of participating in an IYF program.

6.         Links to Other Websites.

Links may be established between YouthActionNet® and one or more websites operated or content provided by IYF and/or third parties from time to time. IYF has no control over any third party’s websites or the contents of such websites and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement by IYF of such websites, their contents, or the operators of such websites. Your linking to or visiting of any other websites is at your own risk.

7.         Non-Confidentiality of Communications.

If you send a message to YouthActionNet®, you hereby grant to IYF the right to read, use, distribute, disclose and otherwise handle the communications as IYF deems appropriate in their sole judgment. You are hereby advised that no facilities are provided by YouthActionNet® for sending or receiving confidential communications.

8.         No Warranties; Limitation of Liability.

Although IYF attempts to provide useful Information, IYF does not guarantee that the Information is accurate, current or suitable for any particular purpose. IYF assumes no obligation to update or continue to post the Information. IYF shall not be liable for any inaccuracies, delays or failures to update Information or provide notice when such Information has been updated, nor responsible for any loss or damage that is caused by your reliance on any Information contained on YouthActionNet®. Any usage of or reliance on any Information contained on YouthActionNet® shall be solely at your own risk. IYF does not guarantee that access to YouthActionNet® will be uninterrupted, that YouthActionNet® will be free of viruses or that YouthActionNet® cannot be tampered with by third parties. YOUTHACTIONNET® AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IYF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN YOUTHACTIONNET® WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT YOUTHACTIONNET® OR ITS SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IYF DOES NOT WARRANT OR MAKE ANY REPRSENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON YOUTHACTIONNET® IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY USE OF YOUTHACTIONNET® AND THE INFORMATION IS AT THE USER'S SOLE RISK. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN NO EVENT WILL IYF BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUTHACTIONNET®, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN YOUTHACTIONNET® OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF IYF IS INFORMED AND/OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH YOUTHACTIONNET® AND/OR THE INFORMATION IS TO STOP USING THE SITE AND THE INFORMATION. APPLICATION OF LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL IYF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO YOUTHACTIONNET®.

9.         Modification of Agreement.

IYF reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time, by posting notice of such modification on this page or another page of this site entitled "Terms and Conditions", "Terms of Use," "Legal Notices," or similar title. You agree that you will periodically review the Terms of Use to be aware of any such revisions. If any revision is unacceptable to you, you agree to stop accessing YouthActionNet®. Your continued use of YAN following such notification of any such revision (s) shall be conclusively deemed as acceptance of and agreement to abide by all such revisions.

10.      Indemnification.

You agree to indemnify, defend, and hold IYF, and its directors, officers, employees, and agents, harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to your breach of these Terms of Use or use of this web site. IYF reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

11.      No Representation Regarding Local Laws.

IYF makes no representation that the Information on YouthActionNet® is appropriate or available for use in any particular location. Those who choose to access YouthActionNet® do so on their own initiative and are responsible for compliance with local laws, if and to the extent that any local laws are applicable.

12.      Governing Law, Conflict Resolution, Venue, and Jurisdiction. 

The YouthActionNet® website is created and controlled by IYF in the State of Maryland, United States of America. As such, the laws of the State of Maryland shall govern the interpretation, construction, and enforcement of these Terms of Use, notwithstanding any state or country’s choice of law rules to the contrary.  All parties recognize that conflicts or disputes may occasionally arise.  If any dispute cannot be resolved in private meetings, the parties agree, as an alternative to litigation, to enter mediation and, if mediation is unsuccessful, legally binding arbitration in accordance with the rules of the American Arbitration Association as set forth at http://www.adr.org.  The parties agree that any arbitration award may be entered in any court having jurisdiction over the subject matter or parties. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of these Terms of Use or the subject matter hereof, and expressly waive their right to file a lawsuit or claim against one another for such disputes, except to enforce an arbitration decision. This provision shall survive termination of these Terms of Use.  In the event that litigation arises notwithstanding the binding arbitration provision in these Terms of Use, litigation may be maintained only in the United States District Court for the District of Maryland (or any successor jurisdiction) located in Baltimore, Maryland, or in a Maryland state court in the City of Baltimore, and each party hereby irrevocably consents and submits to the jurisdiction and venue of that United States District Court or state court and irrevocably waives any objection the party may have based upon improper venue, forum non conveniens, or other similar doctrines or rules.  If any provision of these Terms of Use is determined to be invalid, void, unenforceable, or inoperative by any tribunal or officer having jurisdiction hereof, or by operation of applicable law, the remaining provisions of these Terms of Use shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

13.      Privacy Policy.

YouthActionNet®'s Privacy Policy discloses certain privacy obligations applicable to YouthActionNet®, as well as how YouthActionNet® uses "cookies" and endeavors to secure any on-line data posted on or to YouthActionNet® and to prevent unauthorized access or improper use of any personally identifying information that you provide to YouthActionNet®. The terms of YouthActionNet®'s Privacy Policy are incorporated into these Terms of Use by this reference.

14.      Entire Agreement.

These Terms of Use (along with the Privacy Policy, any other rules and guidelines posted on YouthActionNet®, and, as applicable for all Members of YouthActionNet®) constitute your complete and final statement of the parties’ agreements and understandings relating to the subject matter of these Terms of Use and the use of YouthActionNet®, and supersede any related prior agreements or understandings, whether written or oral, and all other communications between the parties relating to these Terms of Use and the use of YouthActionNet®.

15.      Designated Agent to Receive Notifications of Copyright Infringement.

In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, IYF hereby serves the following DMCA/OCILL Notice to YAN users that:

(1) IYF has designated an agent to receive notices from copyright owners about alleged infringements by users of YouthActionNet® and send notices to YouthActionNet® users who post or send allegedly infringing material;

(2) IYF has registered YouthActionNet® with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;

(3) IYF has adopted a policy of terminating access to YouthActionNet® by users who are repeat copyright infringers;

(4) YouthActionNet® accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking; and

(5) Upon receiving proper notification of an alleged infringement by a YouthActionNet® user, IYF shall expeditiously take down or block access to the copyrighted material.

IYF has designated the following person to serve as IYF’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:

          Name: Katherine Kinzer

          Address: 32 South Street, Suite 500, Baltimore, MD 21202

          Telephone number:410-951-2314

          E-mail address: k.kinzer@iyfnet.org