LAST UPDATED: July 27, 2015
Terms of Service
Please read this Terms of Service agreement (the “Agreement”) carefully as it sets forth the legally binding terms and conditions for your use of the Site (as defined below). By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site.
This Agreement is between you (“you”) and Youth Villages, Inc. (“YV,” “we,” “us”) concerning your use of the online site currently located at http://www.camellianetwork.org (together with any successor site(s) and all Services (as defined below), the “Site”).
2. Modification of Terms. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, in our sole discretion, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”) will 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. Your continued use of the Site after such changes will indicate your acceptance of such changes.
3. Jurisdictional Issues. The Site is controlled and operated by YV from Sacramento, California and is not intended to subject YV to the laws or jurisdiction of any other state, country or territory other than those of California and the United States. YV 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. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. 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 certain content and services related to creating a community for, and providing support to, young adults who are emerging from the foster care system, which may include, without limitation: (a) services such as Profiles (as defined below), Forums (as defined below), donation functionality, registration functionality, Promotions (as defined below), photos, video, blogs, reviews and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other similar content (such content and services, 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 of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 20 below. The Site is provided only for your personal, non-commercial use (unless you receive the YV’s prior written consent pursuant to this Agreement). You agree that you will not (and shall not permit any third party to):
- Post, upload, transmit, or otherwise distribute or make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, abusive, degrading, hateful or intimidating; (b) defamatory or libelous; (c) deceptive, fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior written 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; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, 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 equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about any person or entity without the proper authorization to do so.
- 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 without limitation 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 without limitation any representative of YV; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any posting or other statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services, or for any other commercial services, without YV’s express prior written consent.
- Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or any portion thereof, including its content.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- 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 YV’s express prior written consent.
- Create a database by systematically downloading and storing 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 YV’s express prior written consent. Notwithstanding the foregoing, YV 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 the materials, but not caches or archives of such materials. YV reserves the right to revoke these exceptions either generally or in specific cases.
7. Featured Youth. The Site allows for certain individuals meeting the requirements below to become members of the LifeSet Network and create profiles (each such member a “Featured Youth”) and create a product registry (each such registry, a “Featured Youth Registry”). A Featured Youth must be 18–23 years old, must currently be involved in the foster care system (or have been involved in the foster care system between the ages of 17 and 23), must currently have a specific goal in life, must currently have a specific material need that will help him or her meet his or her goal, must be connected with an agency or organization that refers youth to the LifeSet Network and has approved the individual by giving him or her a unique registration code, and must have reliable access to a computer with internet. Individuals completing applications to become Featured Youth by completing the registration process must agree that they meet all of the criteria specified above. We reserve the right to modify the Profiles of Featured Youth to correct errors, and to remove information that is too personal or might otherwise inappropriately identify the individual, that violates our rules of conduct, or for any other reason we deem necessary. We may display such information differently from the way it appears when it is entered, and we have no obligation to display the Profile (as defined below) or any specific aspect or feature of the Profile in the future.
9. Products, Content and Specifications. Descriptions and images of, and references to, third-party products or services available in connection with the Site, including, without limitation, any item in a Featured Youth Registry, do not imply YV’s endorsement of such third-party products or services nor does it imply the endorsement by such third parties of YV. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, including, without limitation, any item in a Featured Youth Registry, are subject to change at any time without notice. Certain prices, weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site, including, without limitation, any item in a Featured Youth Registry, at a particular time does not imply or warrant that these products or services will be available at any time. YV is not responsible for, and hereby disclaims any responsibility for, ascertaining and obeying all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item in any Featured Youth Registry. YV reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to substitute or modify any item in any Featured Youth Registry; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
10. Shipping Limitations. For each Transaction directed toward purchasing a specific item on a Featured Youth Registry, YV will coordinate the delivery of the item to the Featured Youth for which it was designated. Notwithstanding the foregoing, you acknowledge and agree that YV will not be liable to you for any claims, demands, losses, costs, or expenses arising from or relating to the shipment or delivery of such items to the Featured Youth.
11. Accuracy of Information. Our goal is that information on this Site will be complete, accurate and current. We reserve the right to make edits and modifications to information and posts submitted by users to attempt to meet our goal of accuracy and to fix typographical errors, as well as for other purposes outlined elsewhere in this Agreement. Despite our goal, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site and you agree that we will not be liable for your use of or reliance on such information. For example, Submissions provided by other Site users may be incomplete or may not accurately reflect true information about such other Site users. We rely on Transition Resource Partners and other organizations in verifying the accuracy of information and the qualifications of individuals to become Featured Youths. We cannot and do not guarantee the accuracy of the information received from such third parties or the accuracy of their vetting process. Further, products included on this Site, including, without limitation, any item in a Featured Youth Registry, may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm Transactions and other donations or contributions by email, the receipt of an email confirmation does not constitute our acceptance of a Transaction or other donation or contribution or our confirmation of an offer to purchase a product or service on a Featured Youth’s behalf. We reserve the right, without prior notice, to refuse service to any user of this Site. We also may require verification of information prior to the acceptance and/or completion of any Transaction.
12. Registration; User Names and Passwords. You may be required to register with YV in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. If you are interested in becoming a Featured Youth, you must meet certain criteria set forth above under “Featured Youth” and submit an application to YV. You may not become a Featured Youth unless and until YV notifies you in writing that it accepts you into the LifeSet Network. We also reserve the right to allow registration as a Supporter, Transition Resource Partner or Opportunity Partner only in our sole discretion. We reserve the right to accept, reject, revoke or cancel any application for membership into the LifeSet Network in our sole and absolute discretion. During the approval process for “Featured Youth” and Supporters, Transition Resource Partners, or Opportunity Partners, YV may conduct, or have a third party conduct, criminal background and sexual offender registry checks. Your submission of your application on this site is confirmation of your consent to such checks.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions). You agree to immediately notify YV of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
13. Entity Partners.&nbps;YV allows certain organizational entities to provide links to opportunities and resources and to interact with other Site users by creating Profiles (as defined below). Such entities include providers of transition resources to Featured Youth (each a “Transition Resource Partner”) approved by YV as well as organizations that offer special deals and opportunities on the Site to Featured Youth (each an “Opportunity Partner”). YV may change the relevant criteria for becoming a Transition Resource Partner or Opportunity Partner at any time. Those organizations who are approved to become Opportunity Partners may post offers, deals, and opportunities, provided that they do so in the manner provided for by YV through the Site. For the avoidance of doubt, YV grants the right to use the Site for commercial purposes to these entities and this provision shall constitute the written consent required by the “Rules of Conduct” above, but solely to the extent that such entities follow all guidelines set forth by YV in providing postings of opportunities (and that such entities do not engage in spamming or harassing users in any way, including with unwanted posts on their Profiles). YV reserves the right to revoke any Opportunity Partner of Transition Resource Partner’s membership at any time, which may include the revocation of the right to use the Site for commercial purposes and/or the removal of such entity’s username, Profile and posts.
14. Profiles and Forums. If you are a Featured Youth, Supporter, Transition Resource Partner, or Opportunity Partner you may post certain information and materials on your profile page (your “Profile”). Further, we and/or our service providers may make available through the Site services (for example, messaging functionality and comment functionality on the Site, including, without limitation, through Facebook, Twitter and other Third Party Platforms, among other services) to which all users are able to post information and materials (each, a “Forum”).
Information contained in the Profiles and Forums may be provided to employees of YV and the Affiliated Entities as well as to other visitors to the Site Please note that users and other Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. YV, the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “YV Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, YV Entities are not responsible for any information or materials made available through the Profiles and Forums (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials. Under no circumstances will YV Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of YV.
We nonetheless reserve the right to delete, remove, or otherwise refuse to display any posts we deem to be inappropriate, in violation of the “Rules of Conduct” above, or for any other reason that we decide in our sole discretion. We also reserve the right to modify or display in a different manner any post. If you post on the Profile of a particular user, that user will also have the right and ability to remove your post for any reason (or for no reason) that such user decides in their sole discretion.
In addition, YV Entities have no control over, and will 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 a Profile or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION AND CONTENT PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
15. License. For purposes of clarity, you retain ownership of any information, content and/or materials you submit in or through a Profile or a Forum or otherwise through the Site (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you hereby grant to YV, the Affiliated Entities and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), fully paid up and royalty-free, perpetual, 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 such Submission, with or without attribution to you, in any media now known or hereafter developed.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof 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 waiver to help ensure, among other things, that we have all the rights we may need to provide the Services available through the Site.
16. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect YV Entities, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose at our sole discretion.
17. Intellectual Property. The information and materials made available through the Site, including the Services, are and will remain the property of YV 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 YV to access and use the Site, you may view, download or print any content on the Site to which we provide you access hereunder, provided that you keep intact all copyright and other proprietary notices. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of YV or, as necessary, the respective owners. Except as expressly authorized in advance by YV 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. YV reserves all rights not expressly granted in and to the Site and content.
Trade names, trademarks and service marks of YV include, without limitation, YOUTH VILLAGES, LIFESET NETWORK, YVLIFESET, CAMELLIA NETWORK, OUR NATION. OUR YOUTH. OUR DESTINY., and any associated logos. All trademarks and service marks on the Site not owned by YV are the property of their respective owners. The trade names, trademarks and service marks owned by YV, 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, by implication, estoppel or otherwise, any license or right to use any of YV’s trade names, trademarks or service marks without our express prior written consent.
CN will have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
20. Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY 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, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE. THE YV ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED OR DONATED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. EACH OF YV AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND/OR PARTNERS DO NOT WARRANT THAT: (i) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (iii) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. LIMITATION OF LIABILITY. THE YV ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, 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 YV ENTITIES 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 YV OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF YV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO YV TO ACCESS AND USE THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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 by completing the form set forth at lifesetnetwork.org/contact_us with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
22. Indemnity. You agree to defend, indemnify and hold harmless YV Entities, 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 (including all Transactions); (b) any violation of this Agreement by you; or (c) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. YV reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with YV, as applicable, in asserting any available defenses. Transition Resource Partners who are authorized to give our referral codes to individuals wishing to become Featured Youth acknowledge that YV is not obligated to confirm the eligibility of individuals receiving the codes and agree to indemnify YV from and against all claims, losses, costs and expenses (including attorneys fees) arising out of their provision of such referral codes to any ineligible individuals.
23. Termination. This Agreement is effective until terminated. YV, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if YV believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. 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 YV may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that YV and the Affiliated Entities will 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 will not be required to make such information or files available to you after any such termination. Sections 3, 9, 11, 15, 17, 20–24, 26, and 28–30 will survive any expiration or termination of this Agreement.
24. Governing Law; Jurisdiction. This Agreement is governed by and will be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in the County of Sacramento, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
25. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to us by completing the form set forth at lifesetnetwork.org/contact_us. Please note that web submitted communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your submission or subsequent e-mail correspondence with us.
26. 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 on the two web sites National Children's Advocacy Center (http://www.nationalcac.org/prevention/internet-safety-kids.html) and OnGuard Online (http://onguardonline.gov/). Please note that YV does not endorse any of the products or services listed at such site.
27. Notice for California Residents. 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 via lifesetnetwork.org/contact_us. You may also contact us by writing to Youth Villages, 3320 Brother Blvd, Memphis, TN 38133 or by calling us at (901) 251-5000. 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.
28. 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 YV a notice requesting that YV 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 YV 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), and should minimally contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit YV to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices should be sent to:
Office of the General Counsel, Youth Villages, Inc., 3320 Brother Blvd., Memphis, TN 38133
We suggest that you consult your legal advisor before filing a notice or counter-notice.
You understand that when using the Site, you may be exposed to Submissions from a variety of sources, and that YV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YV with respect thereto, and agree to indemnify and hold each of YV, its respective officers, directors, employees, agents, suppliers and/or partners, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
29. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
30. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and YV. 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. 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 YV relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and YV relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in YV's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will 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. YV will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Site © 2016 LifeSet Network unless otherwise noted. All rights reserved.