Your access to and use of this website (http://america.cry.org)referred to as "Site" is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and CRY, Child Rights and You America Inc. herein after referred to as "CRY America" are superseded and of no force or effect.
Terms and Conditions
1. You may download, display or print information from this Site (the"Information") solely for non-commercial personal use.
2. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, graphics, audio, and video without written permission. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of CRY America.
CRY America neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with CRY America.
3. With the exception of the foregoing limited authorization, no license to or right in any copyright of CRY America or of any other party is granted or conferred to you.
4. CRY America site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of CRY America and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of CRY America and/or other parties is granted to or conferred upon you.
5. While CRY America uses reasonable efforts to include accurate and up to date information in the Site, CRY America makes no warranties or representations with respect to the content of the Site, which is provided "as is". CRY America accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this Site or its content. In particular, CRY America will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. CRY America also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio
from the Site. CRY America reserves the right to interrupt or discontinue any or all of the functionality of its Site. CRY America who is controlling this Site accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of an entity of CRY America or a third party.
6. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, feedback, ideas, queries, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of CRY America or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CRY America is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
7. The Information may contain technical inaccuracies or typographical errors. CRY America reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice.
8. The CRY America site contains information on its products and services, not all of which are available in every location. A reference to a CRY America product or service on the Site does not imply that such product or service is or will be available in your location.
9. Because CRY America has no control over and does not endorse any of the sites to which the Site is linked and because CRY America has not reviewed any or all of the sites to which the Site is linked, you acknowledge that CRY America is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of CRY America.
10. Although CRY America may from time to time monitor or review postings, transmissions, bulletin boards, and the like on the Site, CRY America is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations
on the Site. As a condition of your continued participation in the [activity], you agree not to: (i) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the [activity]; (v) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (viii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations
of networks connected to the service; (x) "stalk" or otherwise harass another person or entity; or (xi) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the [activity], and may result in additional legal actions being taken by CRY America. CRY America will fully cooperate with any law enforcement authorities or court order requesting or directing CRY America to disclose the identity of anyone posting any such information or materials.
11. LICENSE, RELEASE and WAIVER ("RELEASE") For good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, you authorize CRY America, to make use of the written content, images, video, and/or any other materials submitted hereunder, as well as your name, voice, likeness, and appearance therein, together with the personally identifying
information you may provide on the connection therewith (collectively, Submission), as further described below.
(1) CRY America's Right to Use My Submission. You grant CRY America the right to edit your Submission in any manner, and to use and license others to use your Submission, or any portions, reproductions or versions thereof in any and all media, now known or hereafter invented (including, without limitation, television, home video/dvd, merchandising, publishing, online and mobile services), in any manner, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end users or other third parties. You also grant CRY America the right to use and license others to use my Submission for promotion, publicity and/or marketing of CRY America or in any other manner as determined by CRY America.
(2) Clearance of My Submission for CRY America's Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for CRY America's use of the Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs, graphics and/or other elements in my Submission (collectively, "Elements"). You represent and warrant that no further permissions or fees are due for CRY America's use of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of my knowledge and that neither they, nor any Element of the Submission, will violate any law or regulation violate or infringe upon the rights of any third party.
(3) Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used by CRY America, including without limitation any approval of your appearance and/or use of your name therewith or the usesto which they may be put.
(4) Release and Waiver; Indemnification. You acknowledge that CRY America will rely on this Release, potentially at substantial cost to it, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless CRY America from any and all claims arising from its use of my Submission as permitted hereunder.
12. Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via this Site in a manner that constitutes copyright infringement, please report the violation to CRY America’s designated copyright agent by sending written notice by U.S. Mail to:
PO Box 850948,
Braintree, MA 02185,
Attn: Copyright Agent, or by email to firstname.lastname@example.org
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement.
13. CRY America may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit thispage to review the then current Terms and Conditions to which you are bound.
14. Framing of this Site by sites or site elements of parties not part of CRY America is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of CRY America is equally prohibited.
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