LEGAL INFO
- Terms of Use
- Permissions and trademark guidelines
- Export compliance information
For Use of Youth Source Online Services
Acceptance of Terms
Youth Source Systems Incorporated ("Youth Source") makes
this Web site (the "Site"), including all information,
documents, communications, files, text, graphics, software, and
products available through the Site (collectively, the "Materials")
and all services operated by Youth Source and third parties through
the Site (collectively, the "Services"), available for
your use subject to the terms and conditions set forth in this document
and any changes to this document that Youth Source may publish from
time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any Materials,
or merely browsing the Site, you agree to and are bound by the Terms
of Use.
Youth Source reserves the right to change the Terms of Use and
other guidelines or rules posted on the Site from time to time at
its sole discretion, and will provide notice of material changes
on the home page of the Site. Your continued use of the Site, or
any Materials or Services accessible through it, after such notice
has been posted constitutes your acceptance of the changes. Your
use of the Site will be subject to the most current version of the
Terms of Use, rules, and guidelines posted on the Site at the time
of such use. You should periodically check the "Terms of Use"
link on the Site's home page to view the then-current terms. If
you breach any of the Terms of Use, your authorization to use this
Site automatically terminates, and any Materials downloaded or printed
from the Site in violation of the Terms of Use must be immediately
destroyed.
Types of Users
Please be aware that certain activities on this Site are available
only to persons who are covered under a paid or trial subscription
agreement with Youth Source ("Subscribers") and persons
invited by Subscribers to participate in such activities.
Intellectual Property; Limited License
to Users
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent,
and/or other intellectual property laws, and any unauthorized use
of the Materials or Services at this Site may violate such laws
and the Terms of Use. Except as expressly provided herein, Youth
Source and its suppliers do not grant any express or implied rights
to use the Materials and Services. You agree not to copy, republish,
frame, download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create derivative
works based on the Site, its Materials, or its Services or their
selection and arrangement, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
Use of Services
When using Services on this Site that are offered by Youth Source,
you shall be subject to any posted guidelines, rules, or licenses
applicable to such Services and to the Terms of Use. Such guidelines,
rules, or licenses may contain terms and conditions in addition
to those in the Terms of Use.
In addition to the Materials and Services offered by Youth Source,
this Site also makes available materials, information, and services
provided by third parties (collectively, the "Third-Party Services").
The Third-Party Services are governed by separate license agreements
that accompany such services. Youth Source offers no guarantees
and assumes no responsibility or liability of any type with respect
to the Third-Party Services, including any liability resulting from
incompatibility between the Third-Party Services and the Materials
and Services offered by Youth Source. You agree that you will not
hold Youth Source responsible or liable with respect to the Third-Party
Services or seek to do so.
Use of Youth Source Content and User
Content
Except as indicated to the contrary elsewhere on this Site, you
may view, download, and print the Youth Source Content and User
Content available on this Site subject to the following conditions:
- The Youth Source Content and User Content may be used solely
for personal, informational, and internal purposes.
- The Youth Source Content and User Content may not be modified
or altered in any way.
- The Youth Source Content and User Content on the Site may not
be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices
contained in the Youth Source Content and User Content.
- Youth Source reserves the right to revoke the authorization
to view, download, and print the Youth Source Content and User
Content available on this Site at any time, and any such use shall
be discontinued immediately upon notice from Youth Source.
- The rights granted to you constitute a license and not a transfer
of title.
Important Exceptions
Various sections of the Site, such as articles and various products,
showcase the work of creative professionals. Such works belong to
their creators, may be protected by copyright or other proprietary
laws, and are for display purposes only. Accordingly, you may not
download or print these works unless there is a notice associated
with the work expressly permitting such uses.
The rights specified above to view, download, and print the Youth
Source Content and User Content available on this Site are not applicable
to the design or layout of this Site. Elements of this Site are
protected by trade dress and other laws and may not be copied or
imitated in whole or in part.
Trademark Information
The trademarks, logos, and service marks ("Marks") displayed
on this Site are the property of Youth Source or other third parties.
You are not permitted to use the Marks without the prior written
consent of Youth Source or such third party that may own the Marks.
Youth Source and the Youth Source logo are trademarks of Youth Source.
License to Youth Source for User Content
Certain Services offered through this Site accommodate or require
User Content. Depending upon the nature of the Service, by submitting
User Content to this Site, you grant Youth Source one of the following
types of licenses:
- For User Content that is the result of your creative efforts
and which is intended to be displayed on the Site, such as examples
of work you have done using Youth Source products, you grant Youth
Source a worldwide, royalty-free, non-exclusive license to modify
(for purposes of formatting, maintenance, or Site administration
only) and reproduce such User Content. You also grant Youth Source
the right to distribute and publicly display and perform such
User Content for the purpose for which such User Content was submitted
to the Site. This license will be in effect until such User Content
is removed from the Site. If you submit User Content to the Design
Review service, you acknowledge that such content may be modified
and annotated, and Youth Source may display the User Content together
with such modifications and annotations solely for purposes of
the Design Review service. You acknowledge and agree that any
User Content you submit to Youth Source Studio Exchange, such
as actions or extensions, may be downloaded, modified, reproduced,
and distributed by users of this Site.
- For User Content such as comments to the Youth Source Boards
or product suggestions, you grant Youth Source and the users of
this Site an unrestricted, worldwide, irrevocable license to use,
reproduce, display, perform, modify, transmit, and distribute
such User Content, and you also agree that Youth Source is free
to use any ideas, concepts, know-how, or techniques that you send
us for any purpose without any compensation to you. However, we
will not release your name or otherwise publicize the fact that
you submitted such User Content to us unless: (a) you grant us
permission to do so; (b) we first notify you that the User Content
you submit to a particular part of the Site will be published
or otherwise used with your name on it; (c) we have a good faith
belief that we are required to do so by law and/or in response
to a subpoena or court order; or (d) we believe it necessary in
order to protect the rights of Youth Source or others.
Prohibited Communications
You may submit only User Content or Design Content to the Site that
is (a) owned by you, (b) submitted with the express permission of
the owner or within the scope of the license to such content, or
(c) in the public domain. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, harassing, libelous,
offensive, defamatory, obscene, or pornographic materials, or other
materials that would violate any law or the rights of others, including,
without limitation, laws against copyright infringement, and rights
of privacy and publicity. Violation of these restrictions may result
in denial of or limitations on access by you to this Site.
User Conduct
In using the Site, including all Services and Materials available
through it, you agree:
- not to disrupt or interfere with any other user's enjoyment
of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site
any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service,
or system without authorization from Youth Source;
- not to access or attempt to access any Content which you are
not authorized to access;
- not to disrupt or interfere with the security of, or otherwise
cause harm to, the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or accessible
through the Site or any affiliated or linked sites.
Managing Content and Communications
Although it is not our intention to do so, Youth Source reserves
the right, in its sole discretion, to delete or remove User Content
from the Site and to restrict, suspend, or terminate your access
to all or part of this Site, at any time if we have cause to do
so (including, without limitation, our good faith belief that you
have violated the Terms of Use) without prior notice or liability.
In addition, Youth Source reserves the right to delete or remove
Content if the relevant subscription has expired or lapsed or if
Youth Source has a good faith belief that the user posting such
Content has violated these Terms of Use, or any law or regulation,
or that such deletion or removal is necessary to comply with the
law or to protect the rights of Youth Source or others.
Youth Source may, but is not obligated to, monitor or review (i)
any areas on the Site where users transmit or post User Content,
including but not limited to areas where Services are available,
or chat rooms, bulletin boards, or other user forums; and (ii) the
substance of any User Content.
To the maximum extent permitted by law, Youth Source will have
no liability related to User Content arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. Youth Source also disclaims
all liability with respect to the misuse, loss, modification, or
unavailability of any User Content.
Use and Protection of Account Number
and Password
You are responsible for maintaining the confidentiality of your
account number, account name, and/or password, if applicable. You
are responsible for damages resulting from all uses of your account
number, account name, and/or password, whether actually or expressly
authorized by you, unless access to your account number, account
name, and/or password was obtained through no fault or negligence
of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND YOUTH SOURCE OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH
PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND
SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, YOUTH SOURCE MAKES NO WARRANTY THAT
(i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED
OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH
THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS,
WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES,
OR TYPOGRAPHICAL ERRORS. YOUTH SOURCE MAY MAKE CHANGES TO THE MATERIALS
AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS
OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND YOUTH SOURCE MAKES
NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) YOUTH SOURCE DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT
LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH
LINKS ON THE SITE; (ii) YOUTH SOURCE MAKES NO REPRESENTATION OR
WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT,
PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH
THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) YOUTH SOURCE SHALL
NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES
OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM
THAT RESULTS FROM SUCH ACTIVITIES. YOUTH SOURCE ASSUMES NO LIABILITY
FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED
TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES
OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUTH SOURCE OR THROUGH
OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International Users
This Site can be accessed from countries around the world and may
contain references to Youth Source products, services, and programs
that are not available in your country. These references do not
imply that Youth Source intends to announce such products, services,
or programs in your country.
The Site is controlled, operated, and administered by Youth Source
from its offices within the United States of America. Youth Source
makes no representation that the Site, or the Services or Materials
available through it, are appropriate or available for use at other
locations outside the United States, and access to the Site from
territories where the Site or any of its Services or Materials are
illegal is prohibited. If you access the Site from a location outside
the United States, you are responsible for compliance with all local
laws. See the section on export control laws, below, for further
information.
Personal Information and Privacy
To learn about how Youth Source protects your personal information,
such as your name and address, refer to the Youth Source Online
Privacy Policy . Except as set forth in the Privacy Policy or in
the Terms of Use, your personal information will be deemed to be
confidential. With the exception of certain types of User Content,
any non-personal information or material sent to Youth Source will
generally be deemed to NOT be confidential. You understand and agree
that we may disclose information about you if we have a good faith
belief that we are required to do so by law or legal process, to
respond to claims, or to protect the rights, property, or safety
of Youth Source or others, or as stated in our Privacy Policy. Please
be aware that your browser must be enabled to accept cookies in
order for you to use various services or to purchase from the Youth Leaders' Coach online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL YOUTH
SOURCE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT YOUTH SOURCE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE,
ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD
PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER
THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES,
OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE
DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO
FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS
AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Youth Source Boards
In addition to these Terms of Use, users of the Youth Source Boards
must agree to a separate legal agreement located within the Forums
registration area of the Site. Your access to the Boards will be
denied for violation of either the Terms of Use or the agreement
located within the Forums registration area of the Site. In particular,
you should be familiar with the Section titled "PROHIBITED
COMMUNICATIONS" in that agreement and conduct your activities
accordingly.
Notification of Copyright Infringement
Youth Source will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others.
If you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring
on this Site or on sites linked to from this Site, please provide
Youth Source's Copyright Agent a Notice containing the following
elements:
- a physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest that is
alleged to have been infringed;
- a description of the copyrighted work or works that you claim
have been infringed and identification of what material in such
work(s) is claimed to be infringing and which you request to be
removed or access to which is to be disabled;
- a description of where the material that you claim is infringing
is located on the Youth Source site;
- information sufficient to permit Youth Source to contact you,
such as your physical address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the
use of the material identified in your Notice in the manner complained
of is not authorized by the copyright owner, its agent, or the
law;
- a statement by you that the information in your Notice is accurate
and, under penalty of perjury, that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Youth Source's Copyright Agent for Notice of claims of copyright
infringement can be reached through our Contact
Page
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT
YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR
ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED
TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO. SUCH INQUIRIES
SHOULD BE MADE THROUGH THE FEEDBACK PROCEDURE LOCATED AT OUR CONTACT
PAGE.
Indemnity and Liability
You agree to indemnify and hold Youth Source, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
content you submit, post to, or transmit through the Site (including,
without limitation, any User Content, Design Content or computer
viruses), your use of the Site, your connection to the Site, your
violation of the Terms of Use, the actions of any member of your
Work Group or your violation of any rights of another person or
entity.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Youth Source
from its offices within the state of California, United States of
America. By accessing this Site, you and Youth Source agree that
all matters relating to your access to, or use of, this Site shall
be governed by the statutes and laws of the State of California,
without regard to the conflicts of laws principles thereof. You
and Youth Source also agree and hereby submit to the exclusive personal
jurisdiction and venue of the Superior Court of Santa Clara County
and the United States District Court for the Northern District of
California with respect to such matters.
Language
It is the express wish of the parties that the Terms of Use and
all related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que
les documents qui s'y rattachent soient rédigés en
anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between Youth
Source and you with respect to your use of the Site. If for any
reason a court of competent jurisdiction finds any provision of
the Terms of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so
as to effect the intent of the parties as reflected by that provision,
and the remainder of the Terms of Use shall continue in full force
and effect. Any failure by Youth Source to enforce or exercise any
provision of the Terms of Use or related right shall not constitute
a waiver of that right or provision. The section titles used in
the Terms of Use are purely for convenience and carry with them
no legal or contractual effect. |
|