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RULES

Last updated 2007-02-22

We offer and maintain this Web site ("Site") for your personal information, entertainment, and enjoyment. At the same time, please remember that your access to this Site is subject to the following terms and conditions (the "Rules") as well as all applicable laws. By accessing and using this Site, you accept and agree to these Rules without limitation or qualification. If you do not agree with these Rules, please do not use this Site. Any changes to these Rules will be effective immediately upon the posting of the revised Rules on this Site. Please note that your use of certain features of this Site may be subject to additional Rules. By using these features, you also agree to be bound by such additional Rules. We encourage parents to review and discuss these Rules with their children.

Code of Conduct

Except as expressly stated therein, this Site is provided for your personal noncommercial use and you may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for your personal noncommercial use provided that our copyright notice, if any, is affixed to the copied material. We reserve the right to terminate at any time your permission to make personal copies of material from this Site.

You agree not to tamper with the software or functionality of this Site and not to introduce any material into this Site that contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You may not take any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure, including, but not limited to, "spam" or other such unsolicited mass e-mailing techniques. You may not take any action which would constitute an invasion of privacy or other violation of proprietary rights of any other user of this Site. Use or distribution of tools designed for compromising privacy or security is strictly prohibited. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer system.

You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material the company deems inappropriate. We are under no obligation to do so and we assume no responsibility or liability arising from any material transmitted or posted using this Site.

Ownership of Intellectual Property

We own the use of all copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site, or have licensed the use of the Intellectual Property on this Site from third party owners thereof. Notwithstanding any other term or condition in this agreement, we or our licensors shall retain ownership to all Intellectual Property on this Site and all material on and from this Site. Nothing on this Site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property displayed on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right owned by us or our licensors.

Disclaimer

Your use of this Site and material from this Site is at your own risk.

We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the material provided on this Site. We assume no liability or responsibility for any errors or omissions on this Site.

NEITHER WE, ANY OF OUR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY MATERIAL FROM THIS SITE. WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIAL PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to you.

We assume no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Site or any materials provided on this Site.

Indemnification

You agree to defend, indemnify and hold harmless us, The Children's Defense Fund, and each of our respective affiliated companies, and their respective directors, officers, employees and agents, from and against all third party claims and expenses, including attorneys' fees, arising out of your use of this Site.

Links

We have not reviewed any or all of the Web sites that may be linked to this Site and is not responsible for any of them. Your linking to any Web sites from this Site is at your own risk. By linking to a site or permitting a link to this Site, we do not endorse the site operator or the content of the linked site.

Submissions

All information, stories, or other materials submitted to this Site, regardless of the mode or method of submission, shall be deemed and remain our property, and we shall have the worldwide, perpetual, irrevocable right to reproduce, modify, publish, display, perform, adapt, distribute and otherwise use and exploit any images, ideas, concepts or anything else contained in information or other materials that you submit, in all media and for any purpose, without any compensation, attribution or other obligation to you. We shall not be subject to any obligations of confidentiality regarding submitted information or materials, except as otherwise specifically agreed or required by law. In connection with the foregoing, you hereby grant to us the right to use your name and likeness (if you provide a photograph or other image to us) to attribute to you comments, opinions and other material contained in your submissions and to otherwise promote this Site. Do not submit any photographs or other materials which do not belong to you.

Referral Programs; Forward to a Friend Opportunities

We may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, email addresses, and other contact information so they may receive information concerning this Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years of age. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about this Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.

We may, at our discretion, send you a confirmation using any means available through the Site, including e-mail and other forms of messaging, to inform you that the Referred Person has made a submission to this Site or has otherwise used this Site or a particular feature. If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to this Site. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this Site is subject to our Privacy Policy. [NOTE: Include a hyperlink to the Privacy Policy.]

Intellectual Property Infringement Claims

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.

We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
  • A description of the work you claim has been infringed;
  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on this Site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
CopyrightClaims@electsusie.com

Applicable Law

Any dispute arising out of your use of this Site or material from this Site shall be resolved according to the laws of the State of New York, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims.

Questions

If you have any questions regarding these Rules, you can contact us at electsusie@childrensdefense.org.

© 2007. All rights reserved.