Terms of Use
Please read the following Terms of Use before using the Youth Be Heard website: http://youthbeheard.org (the “Site”). By accessing this Site, you agree to these Terms of Use, whether or not you are a registered user of Youth Be Heard (“YBH,” “we,” or “us”). If you don’t agree to these Terms of Use, please don’t use this Site. Every time you use the Site, the Terms of Use that are current at that time will apply.
Intellectual Property
The data and materials on the Site, except User Submissions (as defined below),
as well as the selection, organization, coordination, compilation and overall
look and feel of the Site (collectively, the “Content”) are the intellectual
property of YBH, our licensors and our contributors. The Content is protected
by copyright and other intellectual property laws and all ownership rights
remain with us, our licensors or our contributors, as the case may be.
User Comments
Users may comment on the Site. A user must be at least 13 years old to submit any comments. For more on this, please read the Privacy Policy of YBH, which is incorporated into these Terms of Use by reference. Commenters should not enter their street address. Users should include no information that makes them publicly identifiable beyond, if desired, their name and age. All comments can be moderated by YBH, and we reserve the right to refuse comments and to remove comment accounts entirely at our discretion, including but not limited to for alleged violation of these Terms of Use.
User
Submissions and Grant of License to YBH
YBH permits the submission of communications, including text, images, comments,
videos, audio materials (“User Submissions”) and the hosting, sharing, and/or
publishing of such User Submissions. Please do not include any information about
your mailing address or other personally identifiable information. We reserve
the right to choose whether to publish your User Submissions, including comments,
on our Site and on other online platforms.
You agree that if you submit a User Submission to the Site that you shall be solely responsible for your own User Submission and the consequences of posting or publishing such. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.
You retain all of your copyright rights in your User Submissions, except as set forth herein. By submitting User Submissions to YBH, you (1) hereby grant YBH a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable, assignable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, perform, edit and disseminate by all media, whether now known or hereafter devised, create derivative works based thereon, and/or use the User Submissions in connection with YBH’s (and our subsidiaries’, derivatives’, or successor’s) organization; (2) you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the written consent of all parties; (3) we do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
We will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove Content and User Submissions without prior notice.
Copyright Notices
If YBH publishes any material which you think infringes your copyright, please email us at info@youthbeheard.org and we’ll address your concerns. If we determine we’ve made a mistake, and we’ll take it down. However, if the use of the material is authorized by the Fair Use doctrine or other applicable law, we may choose not to remove it from the Site. If you’ve corresponded with YBH and thereafter choose to pursue a copyright notice, please note that we’ll respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email to info@youthbeheard.org) with an attached and signed PDF that sets forth the following items below:
– For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the material.
– Your name, address, telephone number, and an email address.
– For allegedly infringing images, provide proof of copyright in the image concerned, namely proof of registration of the image under the DMCA; or, absent such registration, a detailed description of the photograph—where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright.
— A statement claiming that you have a good faith belief that the disputed use has not been authorized.
— A statement by you made under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
You acknowledge that if you fail to comply with all of the requirements listed here, your DMCA notice may not be valid. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on YBH infringes your copyrights.
Visitors and Users found to have repeatedly infringed the intellectual property rights of others may have their rights to use the Site terminated or suspended in the sole discretion of YBH.
Accuracy
of Information
While we strive for accuracy, information on the site may contain errors or
inaccuracies; YBH does not make any warranty as to the correctness or
reliability of the Site’s content.
Email Correspondence
Emails sent to any http://youthbeheard.org email address are considered our property. You can read more about this in the Privacy Policy, but all correspondence is considered available for publication. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.
Links
The Site may contain links to and quotation of material from other sites.
Please know that YBH is responsible for neither the content of nor the privacy
practices of other sites. We encourage our users to be aware when they leave YBH
and to read the privacy statements of any website that collects personally
identifiable information.
Information
Security
As stated in our Privacy Policy, no data transmission over the Internet can be
guaranteed to be 100% safe, so we can’t warrant that your information will be
absolutely secure. But YBH does have a variety of safeguards—technical,
administrative, and physical—in place to help protect against unauthorized
access to, use or disclosure of user information.
No Warranty
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YBH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YBH MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YBH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Limitation of Liability.
IN NO EVENT SHALL YBH, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF YBH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF YBH TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS. This Site Does Not Provide Medical Advice
The contents of the YBH website (youthbeheard.org), such as text, graphics, images, and other material contained on the YBH website (“content”) are for informational purposes only. The YBH website is designed only for the purposes articulated on the YBH website. The content is not intended to be a substitute for professional advice, diagnosis, or treatment on the subject of mental health. Always seek the advice of your mental health professional or other qualified health provider with any questions you may have regarding your condition. Never disregard professional advice or delay in seeking it because of something you have read on the YBH website.
Indemnification
You agree to defend, indemnify and hold harmless YBH, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials except for where such claims, liabilities, damages, losses, or expenses result from our gross negligence or willful misconduct.
Changes
to our Terms of Use
These Terms of Use, together with our Privacy Policy, constitute the entire
agreement between you and us with respect to your use of the Site. We may
modify, alter or update the Terms of Use from time to time. We will alert
visitors and users to any material changes to these Terms of Use by posting the
revised information here. We encourage you to review our Terms of Use on a
regular basis to stay informed. Your submission of writing, posting of
comments, and/or continued use of YBH constitutes your agreement to these Terms
of Use and any updates therein.
Miscellaneous
The failure of YBH to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by YBH must be in writing and signed by an authorized representative of YBH to be effective.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision and the other provisions of these Terms of Use shall remain in full force and effect.
If there is any dispute about or involving YBH or the Site, you agree that any dispute shall be governed by the laws of the State of Illinois, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Madison County, Illinois.
Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
03/08/2019