- ENTIRE AGREEMENT
YOT may, from time to time, offer you the opportunity to use interactive services on the Web site, and if so, any such Contest is offered, you agree to any and all special terms set forth in connection with any such Contest, as well as the terms in this Agreement.
- COPYRIGHTS AND TRADEMARK
YOT owns and has the right to use all of the data, information, text, images, streaming media, video, sounds, icons, and other content contained on this Web site (the “Content”), and the copyrights and other intellectual property rights therein, unless otherwise noted. You may review, download, and/or print one copy of the Content of this Web site, but you may not make more than one copy of such Content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the Content of this Web site on your own or any other Web site, or make any other use of it. Such copying, modification, distribution and or transmission, display and or use is a breach of this Agreement and infringes YOT’s copyrights, copyrights licensed to YOT, rights of privacy and publicity of YOT members and others, trademark rights, and other intellectual property rights owned and or licensed by YOT.
Trademarks and service marks are owned by YOT include, and their respective owners: You may not use any such marks in any way.
B. Notice and Procedure for Making Claims of Copyright Infringement
It is YOT’s policy to respect the intellectual property rights of others. In connection with this policy, YOT will not knowingly post content of any kind that infringes the copyright rights of others. And pursuant to the Digital Millennium Copyright Act (17 U.S.C. #512(c) (2)), YOT has designated an agent to receive notifications of alleged copyright infringement on the Web site. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Web site, including the URL; (c) your name, address, telephone number, (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the rightful copyright owner and or acting on behalf of the copyright owner. Please send in these materials to:
YOT, PO Box 5121, Gold Coast Mail Centre, QLD 9726, Australia
A. Links to the Web site
You may create a link from your Web site to the home page of the Web site, without prior written permission, through a plain-text link. YOT asks that you notify YOT in advance of your intention to do so by contacting us. You may not use any trademarks or service marks as links to the Web site from other Web sites, or as machine-readable search terms such as meta tags. YOT reserves the right to revoke your permission to link to the Web site at its absolute and sole discretion. Any third party Web site that links to the Web site: (a) shall not create a frame around content of the Web site; (b) shall not replicate or copy the contents of the Web site; (c) shall not state or imply in any way that YOT sponsors endorses the third-party Web site; (d) shall not libel or present false or misleading information of any kind, including information about YOT and its members or players; and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate. Deep linking to internal pages of the Web site is expressly prohibited. The posting or creation of any link to the Web site signifies that you have read and agree to abide by this Agreement. If you believe that any Web site which links to the Web site contains illegal, offensive, or inappropriate content, please send an email to firstname.lastname@example.org.
B. Links from the Web site
Links to other Web sites or Internet locations from the Web site have been provided for your convenience only. YOT does not endorse, sponsor, or approve, of any contents of such Web sites and its locations. YOT has no control over any of the Web sites or Internet locations that you may access through the Web site, and is not responsible for the accuracy and or content of any such Web site or location. If any other Web site is or Internet location is accessed through the Web site, you do so at your own risk. If you believe that any link on the Web site leads to an illegal, offensive, or inappropriate Web site, please send us an email to email@example.com.
C. CHAT ROOMS AND MESSAGE BOARDS
You must use Message Features in a responsible manner. You must not transmit any message (“Message”) in connection with any Message Feature that: (a) restricts and or inhibits any other user from using and enjoying the Web site; (b) is unlawful, threatening, abusive, bigoted, hateful, libellous, defamatory, obscene and or vulgar, offensive, pornographic, profane, sexually explicit and or indecent; (c) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offence, civil liability, or other violation of any local, state, national, or international law; (d) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (e) contains a virus or other harmful component; (f) contains any information, software, or other material of a commercial nature; (g) contains advertising, promotions, or commercial solicitations of any kind; (h) constitutes or contains false or misleading indications of origin or statements of fact; or (i) contains material irrelevant to the (subject) matter of the Message Feature.
Although YOT may from time to time monitor or review Messages submitted in discussions, postings, transmissions, bulletin boards, and the like on the Web site, YOT is under no obligation to do so and assumes any responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by YOT. If you believe that any posting to the Web site is illegal, offensive, or inappropriate, please send an email to firstname.lastname@example.org.
Messages submitted to the Web site by electronic mail or otherwise, including any data, questions, comments or suggestions, information, images, or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a Message to the Web site and/or using a Message Feature, you acknowledge that any information disclosed by you therein (a) may be used by any third party, including YOT (b) is not confidential and may be read or intercepted by others; and (c) creates no confidential, fiduciary, contractually implied or other relationship between you and YOT other than pursuant to this Agreement.
- UNSOLICITED SUBMISSIONS
While we are always pleased to hear from followers and welcome your suggestions and comments, we cannot consider unsolicited submissions. PLEASE DO NOT SUBMIT UNSOLICITED MATERIALS OF ANY KIND TO YOUTH OF TOMORROW.
If you choose to submit any information of any kind to the Web site (including creative ideas, concepts, or materials, such text, photographs, images or drawings) you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, right of privacy or publicity, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that YOT may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made from, without restriction, in any way it chooses anywhere in the world, free of charge to YOT and with or without acknowledgment of authorship or source, at YOT’s sole discretion. YOT shall not be liable for any compensation or claims, or damages resulting from any use of any such information, and you agree to defend and hold YOT harmless with respect to any such compensation, claims, or damages, including attorneys fees.
- PROHIBITED USES
In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use the Web site for any purposed not expressly authorized by the Agreement and/or to transmit, post, or distribute to this Web (www.yot.org.au) site content that:
(a) constitutes an advertisement or solicitation of business of any kind, including however, not limited to spam, chain letters, and pyramid schemes;
(b) contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;
(c) collects information about others, including but not limited to users’ e-mail addresses:
(d) imposes an unreasonable load on the Web site’s infrastructure; and/or
(e) reverse engineers or decompiles the software comprising the Web site.
- DISCLAIMER OF WARRANTIES
ALL CONTENT OF THIS Web site (www.yot.org.au), INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUTH OF TOMORROW DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. ALTHOUGH YOT WISHES THAT THE CONTENT OF THIS Web site TO BE ACCURATE, COMPLETE, AND CURRENT, YOT DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS Web site (INCLUDING ANY SOFTWARE) OR ANY DATA ON THIS Web site IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Web site, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE Web site AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOT DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS Web site OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL YOT BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS Web site OR ANY OTHER Web site TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER Web SITES OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH Web site, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF YOT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- TERMINATION OF SERVICE
YOT reserves the right to change or discontinue at any time, without notice, any message features, contests, content, materials, equipment, specifications, models, products, or services described on the Youth of Tomorrow Web site, or the availability thereof. Products, methods, and processes described on the Web site may be covered by U.S. or foreign patents and/or other intellectual property rights. YOT also reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Web site, with or without notice to you.
Your obligations under these Terms and Conditions shall continue for as long as you access or use this Web site and or use or maintain any of the content of the Web site or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Web site and by destroying all content obtained from it, and all copies thereof.
- EXPORT CONTROL
Software and other content made available on this Web site may be subject to United States export control laws. No software or other content from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list as mentioned.
- JURISDICTION AND CHOICE OF LAW
All disputes arising out of or relating to this Agreement or YOT operation of this Web site shall be resolved in the country of Australia. All such disputes shall be governed by the laws of Australia and applicable laws, without giving effect to conflicts of laws principles. You agree that Australia have personal and subject matter jurisdiction over any dispute arising from your use of the Web site.
YOT controls and operates this Web site from Australia, Turkey and New Zealand and makes no representation or warranty that the content of this Web site is appropriate, lawful, or available for use in other geographic locations. If you use the Web site from other locations, you are responsible for compliance with all applicable local laws.
You agree to indemnify and hold harmless YOT and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, successors, and/or assigns, from and against all liabilities, claims, expenses, or demands, including reasonable attorneys’ fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Web site (www.yot.org.au) , your use of the Web site, your violation of this Agreement, or your violation of any rights of another.
- NO WAIVER
The failure of YOT to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of YOUTH OF TOMORROW’s rights to subsequently enforce any or all provision of this Agreement against you or any other party.
YOT may give notices to users of the Web site, at YOT’s option, by posting a message on the Web site, by e-mail, or by regular mail. Notices to YOT can be sent via e-mail to: email@example.com or by regular mail to YOT, P.O Box 5121, Gold Coast Mail Centre, QLD 9726, Australia.
Please report any violations of this Agreement to: firstname.lastname@example.org.