1.1) This User Agreement constitutes the agreement between THE YES FOUNDATION, used interchangeably herein as “YES” and you, referred to herein as “you”, “user”, or “your”, as a user who accesses or establishes a connection to the website or websites known as “the-yes-foundation.org”, and all internet locations that resolve to “the-yes-foundation.org, including any referring address not specifically listed that may be developed in the future, collectively referred to herein as the “Site,” which are owned and controlled by THE YES FOUNDATION.
1.2) In order to remain an authorized user of this Site, you agree to abide by all of the provisions in this Agreement and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this Agreement.
1.3) THE YES FOUNDATION reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time.
1.4) THE YES FOUNDATION reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
1.5) If you do not agree to the provisions of this agreement, your sole and exclusive remedy is to discontinue use of this site.
- CONTENT; COPYRIGHTS; TRADEMARKS
2.1) All of the information, content, services, music, lyrics, and software displayed on, transmitted through, or used in connection with the Site, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html source and object code, software, data, music, lyrics, and all other matters related to the Site, and including the selection and arrangement of the aforementioned (collectively, the “Content”), are Copyright THE YES FOUNDATION, 4701 Richmond Road, Cleveland, OH 44128, or third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
2.2) The Content made available on the Site or in connection with the Services is intended for your single use and not available to you for resale, unless by express written permission from THE YES FOUNDATION.
2.3) You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from a person authorized by the directors of THE YES FOUNDATION.
2.4) In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
2.5) The Content includes, but is not limited to, logotypes, trademarks, copyrights, and service marks owned by THE YES FOUNDATION and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by THE YES FOUNDATION
- SUBMISSIONS AND USER-CREATED CONTENT
3.1) You are solely responsible for the Content you submit to the Site.
3.2) You represent, warrant and covenant that any and all Content you submit to the Site:
3.2.1) Is owned or otherwise controlled by you,
3.2.2) Is accurate,
3.2.3) Does not violate this User Agreement,
3.2.4) Will not cause injury to any person or entity,
3.2.5) Will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other rights; and
3.2.6) Does not contain libelous, slanderous or otherwise unlawful material.
3.3) You acknowledge that any Content you submit may be edited, removed, modified, published, transmitted, and displayed by THE YES FOUNDATION, in its sole discretion, including those it determines abusive, defamatory, obscene, pornographic, in violation of copyright or trademark laws, or otherwise deemed unacceptable in the sole discretion of THE YES FOUNDATION , and you waive any moral rights (as understood in copyright law) in having the Content altered or changed in a manner not agreeable to you.
3.4) By submitting Content to the Site, you hereby grant to THE YES FOUNDATION, its affiliates and related entities the royalty-free, unrestricted, irrevocable, non-exclusive and fully transferable, assignable right to use, copy, modify, archive, store, reproduce, adapt, publish, translate, distribute and display all such Content in any form, media, software or technology of any kind existing now or developed in the future. You further grant THE YES FOUNDATION the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without any implied consideration of any sort to you.
3.5) You understand and agree that THE YES FOUNDATION shall not be liable in any way for failure to attribute Content to you.
3.6) You understand and agree that others may use your Content for personal use and therefore license all of our present and future site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use.
3.7) The Content posted by others on our Site is intended solely for your personal use. You may not use such Content in any form for any commercial purpose.
4. INTERACTIVE AREAS; POSTING RULES
4.1) The Site may contain blogs, forums, bulletin boards and other such interactive areas. Given the nature of the Site and the volume of messages and postings, THE YES FOUNDATION and/or representatives of THE YES FOUNDATION cannot and do not monitor all of the material posted or transmitted by users and others. Divulging personal phone numbers and addresses or other information that can be used to identify or locate you is discouraged.
4.2) THE YES FOUNDATION reserves the right, but is not obligated, to monitor all postings and to remove or alter any Content which, in THE YES FOUNDATION’s sole discretion, constitutes a misuse thereof. We may restrict, suspend or terminate your use of the Site if we find, in THE YES FOUNDATION’s sole discretion; there has been such a misuse. When using the Site, please do not post material that:
4.2.1) Contains vulgar, profane, abusive or hateful language; or
4.2.2) Is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; or
4.2.3) Violates any right of THE YES FOUNDATION or any third party; or
4.2.4) Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
4.2.5) Violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
4.2.6) Interferes with another’s uninterrupted use and enjoyment of the Site; or
4.2.7) Advertises, promotes or offers to barter any goods or services, except in specifically designated areas for such purposes; or
4.2.8) Includes copyrighted or proprietary material of any kind on the Site without the express permission of the owner of that material; or
4.2.9) Uses or attempts to use another’s account, login or password; or
4.2.10) Uploads or transmits viruses, adware, spyware or harmful or destructive files.
4.2.11) Would constitute junk or spam, including posting the same information multiple times per day or week.
4.3) Any Content posted by you will be deemed not to be confidential. You understand that personal information, not including registration data, which you post on THE YES FOUNDATION.com or those sites related to THE YES FOUNDATION.com is generally accessible to, and may be collected by others, and may result in unsolicited messages from others. You agree that THE YES FOUNDATION shall not be liable for the use of any information or data that is included in your posted Content.
4.4) THE YES FOUNDATION, and/or its representatives, are not responsible for maintaining your posted Content and THE YES FOUNDATION may delete or destroy it at any time, in its sole discretion, with no liability or obligation to you.
- USE OF SIGN IN DATA
5.1) Areas of the Site may require registration or ask you to provide information to access certain Content. Providing this information is purely optional, however if you elect not to provide such information, you may not be able to access the Content. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
5.2) You agree that THE YES FOUNDATION, may disclose sign-in data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, unless: (i) such actions regarding your registration data has been previously disclosed; (ii) you have registered to receive any third party products or services, or have otherwise authorized such disclosure; or (iii) such disclosure is required by law or legal process.
5.3) This Agreement includes THE YES FOUNDATION Privacy Statement which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Statement, the Privacy Statement shall take precedence.
- USERNAME AND PASSWORD
6.1) In accessing and using some Site features, you may receive a password and account designation (username) upon completing the sign-in process. You are responsible for maintaining the confidentiality of the password and account. THE YES FOUNDATION cannot be held liable for any loss or damage arising from unauthorized use of your username and/or password.
7.1) The Site contains links to other Internet sites. Your communications through the Site with any other party are solely between you and that third party. Under no circumstance will the Site be liable for any goods, services, or content available through such third party communications, or for any resulting harm.
7.2) If you wish to link to the Site from another web page, blog or other internet-capable technology, you may link to any relevant published non-expired page on our site. You may not frame or utilize framing techniques that republish any portion of the Site. You may not alter or modify the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. THE YES FOUNDATION retains all rights to recourse against you in the event of such activities.
- REPRESENTATIONS AND WARRANTIES
8.1) You agree that use of the Site is at your own risk. Neither THE YES FOUNDATION, nor any of its representatives, makes any representations or warranties of any kind regarding the Site, the Content or the results that may be obtained from use of the Site.
8.2) None of THE YES FOUNDATION representatives shall be liable for any damage or loss, including indirect, direct, consequential, special, or incidental, resulting from or caused by the Site or its Content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, any interruptions or delays in transmission, or computer viruses.
8.3) THE YES FOUNDATION distributes some content supplied by third-parties and users and does not maintain constant and complete editorial control over the Site. Any opinions, advice, offers, statements, or other information or content made by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of THE YES FOUNDATION. THE YES FOUNDATION does not represent or endorse the accuracy or reliability of any opinions, advice, offers, statements, or other information or content made by third parties, including information providers and users or any other entity. You acknowledge that any reliance upon any such information shall be at your sole risk.
- INDEMNITY/LIMITATIONS OF LIABILITY
9.1) As a condition of use of the Site and the Services, you agree to indemnify, defend and hold harmless THE YES FOUNDATION, and all officers, directors, representatives, or any other related party from and against any and all claims, liabilities and costs, including attorneys’ reasonable fees, arising from or relating to any allegation regarding:
9.1.1) Your use of the Site and/or Services,
9.1.2) THE YES FOUNDATION’s use or distribution of any content you provide,
9.1.3) Information or material posted through your account, even if not posted by you, and
9.1.4) Any violation by you of this End User Agreement.
9.2) You shall cooperate as fully as reasonably required in the defense of any such claim.
9.3) Under no circumstances, including negligence, shall THE YES FOUNDATION be liable for any direct, indirect or incidental damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of Content provided by you, or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that THE YES FOUNDATION is not liable for the conduct of any user.
9.4) If you are dissatisfied with any Site material, or with this End User Agreement, your sole remedy is to discontinue using the Site.
10.1) All information in the Site is provided “as is” without warranty of any kind. The content published on the site may include inaccuracies or typographical errors. THE YES FOUNDATION may make improvements and/or changes in the site at any time, including changes to this user agreement. THE YES FOUNDATION makes no representations and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, text, graphics, links, or other items contained within the site. THE YES FOUNDATION does not warrant that the functionality of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site, including the server that makes it available, are free of computer viruses or other harmful components. The user assumes the entire cost of all necessary maintenance or repair of the user’s equipment.
11.1) THE YES FOUNDATION may, in its sole discretion, terminate or suspend your access to all or part of the Site or any related Services offered for any reason.
11.2) Termination of this Agreement for any reason, will not affect survival of those provisions or rights in this Agreement for which survival is applicable or equitable.
12.1) This Agreement is accepted upon your use of the Site and/or any related Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and any related Services.
12.2) The failure of THE YES FOUNDATION to enforce any right or provision in this Agreement does not constitute a waiver of such right. The section titles in this Agreement are for organization only and have no legal or contractual effect. Should any provision be deemed as unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
12.3) This Agreement has been made in and shall be interpreted and enforced in accordance with the laws of the State of Ohio.
12.4) Official correspondence must be sent via U.S. Postal mail to:
THE YES FOUNDATION
4701 Richmond Road, Cleveland, OH 44128
Any rights not expressly granted herein are reserved.