Content Submission Agreement
Terms and Conditions
The following conditions apply to all Content you submit to this website, www.poweroffathers.org.
As used in these conditions, “SeeMe4Me” “we” or “us” means SeeMe4Me, and “you” means the individual or entity submitting Content to this website.
You may only submit Content to this website in which you own all intellectual property rights or for which you have the authorization of the person who does own those rights.
2. License Grant
2.1 You hereby grant to SeeMe4Me, and its affiliates, subsidiaries, assignees, licensees and legal representatives (“Affiliates”), a worldwide, non-exclusive, royalty-free, irrevocable, perpetual right and license to:
2.1.1 use, reproduce, distribute, store, transmit, broadcast, publish, publicly perform and publicly display the Content, in whole or in part;
2.1.2 modify, reformat, adapt, translate and create derivative works from the Content, in whole or in part; and
2.1.3 sublicense the foregoing rights, in whole or in part, to any third party, for commercial and business purposes (with or without a fee).
2.2 SeeMe4Me may exercise the rights set forth in this paragraph 2:
2.2.1 in any manner, and by any media and means of conveying information, whether now or hereafter known; or
2.2.2 for any purpose, including but not limited to, editorial commercial, or promotional purpose.
2.3 Where you have provided a hyperlink as part of the Content (“Hyperlink”), you hereby grant SeeMe4Me the right and privilege to install and display the Hyperlink on any SeeMe4Me website, social media account or any Affiliates’ website or social media account, and agree to the additional terms set out below under the heading “Hyperlink”.
2.4 SEEME4ME shall have the right to modify or edit the Content, provided that any modifications or alterations do not significantly or misrepresent the original content. While you retain ownership of all right, title, and interest in the Content itself, you agree that SEEME4ME owns all right, title, and interest in any compilation, collective work or other derivative work created by SEEME4ME using or incorporating the Content.
2.5 You further irrevocably and unconditionally waive any moral rights or similar rights you have in any Content and you waive all rights to inspect and approve use of the Content and the Hyperlink.
You agree to not disable, change, alter or otherwise affect the Hyperlink without first providing SEEME4ME written notice. If you consent or decide to materially change the content of the web pages associated with the Hyperlink after the date you provide the Hyperlink, you agree to provide SEEME4ME prior written notice so that SEEME4ME may make an informed decision as to whether to continue providing a Hyperlink to that webpage. You agree that placement of the Hyperlink on this or any Affiliate website does not imply any affiliation or endorsement whatsoever between the parties.
By submitting the Content and clicking on the “Accept” button below, you agree that:
4.2 SEEME4ME may transfer and disclose this information, including personally identifiable information, to third parties in any jurisdiction for any of the purposes set forth in paragraph 2 and for the purpose of monitoring the website; and
4.3 SEEME4ME and any of its Affiliates may communicate with you by post, telephone or fax as well as by email and text messaging in connection with the Content.
5. No Obligation
Although we have the right to use your Content as set out in paragraph 2 above, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Content or remove it from this or any related website at any time.
6. Representations, Warranties and Indemnities
6.1 You represent and warrant to SEEME4ME that:
6.1.1 you have the right, power and authority necessary to submit Content to this website in accordance with these conditions and to grant the licenses set out in paragraph 2 above;
6.1.2 you will comply fully with these conditions and the Website Terms and Conditions;
6.1.3 the Content submitted by you, and the exercise of the rights you grant to us, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
6.1.4 you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display and other exploitation of the Content as permitted under these conditions.
6.2 You agree to indemnify, defend and hold SEEME4ME and its Affiliates harmless for all claims, liabilities, damages and expenses (including, without limitation, reasonable legal fees and expenses) arising from your breach of any representation or warranty set out in this paragraph 6. You agree not to hold SEEME4ME or any of its Affiliates responsible for any liability resulting from their use of the Content or Hyperlink in accordance with these conditions, including (without limitation) anything which might be deemed to be a misrepresentation of you, your character or person due to use the Content, or any part of the Content, as anticipated at paragraph 2.
SEEME4ME and its Affiliates will not be liable to you for any indirect, incidental or consequential damages, arising from breach of contract, tort or otherwise in connection with these conditions and/or the Content provided by you (including but not limited to any loss of data, business profits or goodwill) even if we have been advised of (or know or should have known of) the possibility of such damages.
You must be over 18 years of age and have the right to make this
agreement; or if you’re under 18, have your parent(s) or legal guardian(s) of
legal age make this agreement.
SeeMe4Me has created this privacy notice to explain how we use information that you may provide while visiting our website and to demonstrate our firm commitment to Internet privacy.
SeeMe4Me may modify this policy from time to time so we encourage you to check this page when revisiting this website.
How We Use Your Information
SeeMe4Me is committed to protecting your privacy online.
When you register, contribute, upload content, or take any other action on our site, we may ask you to give us contact information, including your name, address, telephone number and/or e-mail address. We may obtain information about you from outside sources and add it to or combine it with the information we collect through this site. We use this information to operate this site, send you news and information to you about SeeMe4Me & to solicit your participation in SeeMe4Me programs, events and activities, and obtain and confirm RSVP’s to events and programs. We use your e-mail address to send such information by e-mail and may use your telephone number to call you for these purposes.
We will never provide your e-mail address or any of your personal information to any other person or organization, for any purpose. If you decide to purchase tickets to an event or to make a contribution online, we may also ask for your credit card number and its expiration date. That information is used solely for processing your contribution; is not maintained by our organization; and is never disclosed to anyone, for any other purpose other than for processing your contribution, under any circumstances.
How We Protect Information You Provide
SeeMe4Me uses industry standard security measures to protect against the loss, misuse or alteration of the information under our control. Our server is located in a locked, secure environment. Permission to access your information is granted only to you and SeeMe4Me employees or contractors who need to know that information to provide services to you. Although we make good faith efforts to store information collected by this website in a secure operating environment, we cannot guarantee complete security.
Links to Other Websites
Other Disclosure of Your Information
Though we make every effort to preserve user privacy, we may need to disclose personal information when we have a good-faith belief release is appropriate to comply with the law (for example, a lawful subpoena), to protect our rights or property, or to protect our donors, artists and supporters from fraudulent, abusive, or unlawful conduct, or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
SPECIAL NOTICE FOR PARENTS:
We want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their personal information while using the Internet. SeeMe4Me does not knowingly collect, use or distribute children’s personally identifiable information to any third parties. If you have any reservations, questions or concerns about your child’s access to this site or how information that your child provides is used by us, please contact us.
About Cookies, IP Addresses and Log File Data Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user.
We may also use third-party services such as Google Analytics. This helps us understand traffic patterns and know if there are problems with our Site. We may also use embedded images in emails to track open rates for our mailings, so that we can tell which mailings appeal most to our supporters.
We may place online advertising with third-party vendors, including Google, which will be shown on other Sites on the Internet. In some cases, those third-party vendors may decide which ads to show you based on your prior visits to the Site. At no time will you be personally identified to those third-party vendors, nor will any of the information you share with us be shared with those third-party vendors. If you prefer to opt out of the use of these third-party cookies on the Site, you can do so by visiting the Network Advertising Initiative opt out page.
Server Log Files
We log standard technical information, such as your IP address and the kind of browser you use. We log this information for troubleshooting purposes and to track which pages people visit in order to improve the site. We do not use log files to track a particular individual’s use of the website.
How to Unsubscribe or Opt Out
People who subscribe to e-mail lists via this website will receive periodic updates from SeeMe4Me by regular mail, e-mail, and/or text. You may opt out of receiving future information via e-mail by using the unsubscribe procedure specified on the e-mail message.
How To Contact Us
Last Updated: xx xx, 2019
Welcome to the website (the “Site”) operated by XXX; including its affiliates and related companies (“XXX”) for the benefit of its commercial partners. The Site is provided as a service to our customers. Please review the following terms and conditions, including the Arbitration Agreement, which govern your use of the Site (the “Agreement”).
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
Acceptance of Terms
This Site is designed for and
targeted to individuals who are at least 18 years of age or older. In order to
use and access the features and services provided by this Site you must be 18
years of age or older. If you are not an adult, please stop and discontinue
your use of the Site. If for any reason you do not agree with the terms of this
Site. By using Site you represent that you are a legal adult, that you meet all
other eligibility requirements, and that you are fully able and legally competent
to enter into and comply with this Agreement.
About XXX’s Services
XXX is responsible
for the hosting, operation and maintenance of the site.
The prices displayed on the
Site are quoted in U.S. Dollars and are subject to change at any time. As a
convenience to you, prices may also be quoted in other currencies. We reserve
the right to refuse any order you place with us. We may, at our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event we make a change to or cancel an order, we will
attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors. The creation or transmission of an order
confirmation by XXX
does not signify acceptance of your order, nor constitute a binding
confirmation of an offer to sell any product and we reserve the right to accept
or decline your order for any reason up until the time the product is actually
delivered to you. An order can be cancelled for various reasons. If you are
unsatisfied with a product, you may return it in accordance with our return
Right to Change Site
We reserve the right at any
time to: modify, suspend or discontinue the Site or any service, content,
feature or product offered through 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 we shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site, or any service,
content, feature or product offered through the Sites.
Unless otherwise noted, the
Site and all features and materials on the Site, including text, images,
illustrations, designs, icons, photographs, video clips and other content, and
the copyrights, trademarks, trade dress and/or other intellectual property in
such materials (collectively, the “Contents”), are owned or
controlled by SeeMe4Me or duly licensed by SeeMe4Me from its commercial
partners and service providers. The Site and the Contents are intended solely
for personal, non-commercial use. You may download or copy the Contents and
other downloadable materials displayed on the Site for your personal use only. No
right, title or interest in any downloaded Content is transferred to you as a
result of any such downloading or copying. You may not reproduce, publish,
transmit, distribute, display, modify, create derivative works from, sell or
exploit in any way any of the Contents or the Sites. Unless otherwise
specified, the Site and the Contents are intended to promote products and
services. One or more patents may apply to the Site.
The Content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Neither XXX nor SeeMe4Me is not responsible for any medical or health problems that may result from you engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.
ALL PRODUCTS PURCHASED ON OR
THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. XXX and SeeMe4Me HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXX and SeeMe4Me HEREBY EXPRESSLY DISCLAIMS ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR,
PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Personal Information and Other Information Submitted Through the Sites
Your submission of personal
Agreement incorporates by reference the terms and conditions of the Privacy
Policy. We also welcome any comments about the Site; however, any comments,
reviews, messages, suggestions or other communications (collectively
“Comments”) sent to the Site shall become the property of XXX and SeeMe4Me. Your
submission of any such Comments shall constitute an assignment XXX and SeeMe4Me of all
worldwide rights, titles and interests in all copyrights and other intellectual
property rights in the Comments. XXX and SeeMe4Me will be entitled to use, reproduce, disclose,
publish and distribute any material you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason,
we ask that you not send us any comments that you do not wish to assign to us.
Each time you use a password
or log-in credential, you will be deemed to be authorized to access and use the
Site in a manner consistent with Agreement. You agree that you will not under
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s Musictoday account without permission;
interfere or attempt to interfere with the proper functioning of the services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the services or use any software, technology, or device to scrape, spider, or crawl the services or harvest or manipulate data;
use the communication systems provided by or contacts made for any commercial solicitation purposes;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
XXX and SeeMe4Me
respect the intellectual property of others. If you believe that your work has
been copied in any way that constitutes copyright infringement then please
contact us in writing at BIZ
ADDRESS, Attn: Legal.
Errors, Inaccuracies, and Omissions
Occasionally there may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to product descriptions, pricing, promotions, offers,
and availability. We reserve the right to correct any errors, inaccuracies or
omissions and to change or update information or cancel orders if any
information on the Site is inaccurate at any time without prior notice
(including after you have submitted your order).
Links to Other Web Sites and Services
The Site may contain links to
other websites that are not under the control of XXX. XXX has no responsibility for those linked websites nor does
linking constitute an endorsement of any. If you use such links, you will leave
the Site and your activities may be governed by other terms and conditions and
privacy practices. Links are provided solely for the convenience and
information of the Sites’ users.
THIS SITE AND ALL PRODUCTS AND
POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR
USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE
OR PERFORM AS DESCRIBED. YOU UNDERSTAND AND AGREE THAT NEITHER XXX OR ANY OF ITS
AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR SERVICE PROVIDERS SHALL BE
LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION
WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
You agree to defend, indemnify
and hold XXX
harmless from and against any and all claims, damages, costs and expenses,
including attorneys’ fees, due to your use of the Site and/or your breach of
any representation, warranty, or other provision of the Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution:
Mindful of the high cost of legal disputes, not only in dollars but also in
time and energy, both you and XXX agree to the following dispute resolution procedure: In the
event of any controversy, claim, action or dispute arising out of or related to
any transaction conducted on the Site, or the breach, enforcement,
interpretation, or validity of this Agreement or any part of it
(“Dispute”), the party asserting the Dispute shall first try in good
faith to settle such Dispute by providing written notice to the other party (by
first class or registered mail) describing the facts and circumstances
(including any relevant documentation) of the Dispute and allowing the
receiving party 30 days in which to respond to or settle the Dispute. Notice
shall be sent to:
(1) XXX at: ADDRESS, Attn: Legal, or
(2) You at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and XXX agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement: To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and XXX expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to the XXX at ADDRESS, Attn: Legal. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. XXX waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or XXX may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as a individual claim.
Waiver of Right to Bring Class Actions and Representative Claims: All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in a court of law or equity, however, any relief must be individualized to you and shall not affect any other customer. You and XXX agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and XXX hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms: This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the
Arbitration Agreement, which shall survive the termination of these terms,
these terms of this Agreement are effective unless and until terminated by
either you or XXX. XXX also may terminate
this Agreement at any time without notice, and accordingly may deny you access
to the Site, if in our sole judgment you fail to comply with any term or
provision of the Agreement. The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
Agreement for all purposes.
This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of XXX’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.