|
This web site, and the Make A Difference DAYtaBANK, are owned and operated by USA
Weekend, Inc. ("we" or "us"). To help people find a way to participate
in Make A Difference Day, and to assist those who need help to complete their Make A
Difference Day projects, we are encouraging people to submit their projects for inclusion
in the Make A Difference DAYtaBANK maintained on this site.
Your use of the Make A
Difference DAYtaBANK or submission of a project signifies your agreement to the following
DAYtaBANK terms and conditions, and to the USA Weekend Site's
general Terms of Service . Upon notice
published on this site, we may amend or modify these terms and conditions or the USA
Weekend Site's Terms of Service at any time. Your use of the Make A Difference DAYtaBANK or
submission of a project after such notice, shall constitute acceptance of such amendments,
modification or new terms.
1. No Endorsement of Projects. Make A Difference Day was created by us, and we sponsor
awards for those participants who, in the eyes of our judges, have best captured the spirit
of the event. Please note, however, that just because a project is listed in the DAYtaBANK
does not mean that we have reviewed it or that we in any way endorse or approve of it.
Your participation in Make A Difference Day is your sole responsibility, so please use your
common sense and good judgment when posting a project or selecting a project in which to
participate. As is further set forth in Section 8 below (Disclaimers), WE WILL NOT BE
RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY INCUR ARISING OUT OF MATERIAL POSTED TO
THE DAYtaBANK, YOUR POSTING OF A PROJECT, OR YOUR PARTICIPATION IN A MAKE A DIFFERENCE DAY
PROJECT.
2. Restrictions on Use of DAYtaBANK Information. We have created the Make A Difference
DAYtaBANK to help support Make A Difference Day. The DAYtaBANK is protected by
international copyright, trademark, and other intellectual property rights. We grant you a
license to use, copy and distribute the information you obtain through the Make A
Difference DAYtaBANK to locate suitable Make A Difference Day projects in which you and
others can participate, and to come up with project ideas of your own. However, we
expressly prohibit you from using the Make A Difference DAYtaBANK or any
information retrieved from it for any purposes other than your personal, non-commercial use.
You agree that we are entitled to obtain immediate injunctive relief, without the necessity
of proving damages or posting any bond, to prevent any actual or threatened breach of this
license restriction.
3. Prohibitions on Project Submissions. You may not submit or post any material to the
Make A Difference DAYtaBANK that:
(a) contains any advertising material or other material for commercial purposes;
(b) solicits donations or contributions;
(c) requires a volunteer to pay to participate;
(d) is defamatory, libelous, threatening, abusive, vulgar, pornographic, indecent, profane
or obscene, or otherwise is unlawful, [including, without limitation, any material
constituting or encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or international law;
(e) violates or infringes upon the rights of others, including material that violates the
privacy or publicity rights of a third party, or that is protected by copyright, trademark
or other proprietary right; or
(f) contains a virus or other harmful component.
4. Reservation of Rights. We are not responsible for monitoring, reviewing or editing
material that is submitted for posting to the Make ADifference DAYtaBANK. Nevertheless, we
may remove or refuse to post any material, in whole or in part, that, in our sole judgment,
is objectionable, violates these terms and conditions or any applicable law, or is
inconsistent with the spirit of Make A Difference Day. In addition, we reserve the right
at all times to disclose any material, as necessary, to satisfy any law, regulation or
governmental request. We also reserve the right to edit such material for clarity and/or
to correct typographical errors, but we are not responsible for any errors that may occur in
any posting.
5. Indemnity. You agree to indemnify and hold USA Weekend, Inc. and its affiliates, and
all of their respective employees, officers, directors, shareholders, agents,
representatives, successors and assigns (each an"Indemnified Party"), harmless
from any losses, damages or costs (including reasonable attorneys' fees) that may occur
arising out of your project submission, your use of the Make A Difference DAYtaBANK, or
your breach of any of these terms and conditions. Any Indemnified Party reserves the right,
at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
6. License to Materials Posted by You. By submitting or posting material to the Make A
Difference DAYtaBANK, you are granting us a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
(a) use, copy, sublicense, adapt, transmit, publicly perform or display any such material
in connection with our sites on the World Wide Web, and in any other print or electronic
media, now known or later developed, controlled by us or our affiliates; and
(b) sublicense to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to any materials you submit to the Make A Difference DAYtaBANK.
The foregoing grants shall include the right to exploit any proprietary rights in such
material, including, but not limited to, rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction.
7. Privacy.
(a) As provided above, third parties seeking to participate in Make A Difference Day
will have access to the information you submit to the Make A Difference DAYtaBANK and may
use that information solely for the pupose of participating in Make A Difference Day.
(b) In addition, unless you inform us otherwise, we reserve the right to use, and to
disclose to third party vendors, your user information (e.g. user name and e-mail address)
and the material you submit to the DAYtaBANK for purposes such as providing you with
information about products and services. If you do not wish to be included in such uses,
you must send an e-mail or a letter requesting to be taken off any lists of information
that maybe used for these purposes or given or sold to third party vendors.
E-mail: privacy2@usaweekend.com
U.S. Mail: USA WEEKEND
Privacy
7950 Jones Branch Drive
McLean, VA 22107
Phone: 703-854-6445]
8. DISCLAIMERS. We may provide links and pointers to Internet sites maintained by third
parties. Neither USA Weekend, Inc., its parentor subsidiary companies nor their affiliates
operate or control in any respect any information, products or services on these third-party
sites. THE MATERIALS IN THE MAKE A DIFFERENCE DAYtaBANK ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANYKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. [WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS CONTAINED IN THE MAKE
A DIFFERENCE DAYtaBANK WILLBE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE MAKE A DIFFERENCE DAYtaBANK, OR THE SERVER THAT MAKES IT
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANTOR MAKE ANY
REPRESENTATIONS REGARDING THE MATERIALS IN THE MAKE A DIFFERENCE DAYTABANK IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
9. Limitation of Our Liability. Under no circumstances, including, but not limited to,
negligence by us, shall we, our subsidiary and parent companies or affiliates be liable for
any direct, indirect, incidental, special or consequential damages that result from the use
of, or the inability to use, the Make A Difference DAYtaBANK or your participation in any
listed project. You specifically acknowledge and agree that we are not liable for
any defamatory, offensive or illegal conduct of any user or entity on whose behalf a project
is posted. If you are dissatisfied with the Make aDifference DAYtaBANK or your
participation in any listed project, or with any of our terms and conditions, your sole and
exclusive remedy is to discontinue using the Make a Difference DAYtaBANK or discontinue
participating in a listed project.
10. Termination. This agreement is effective until terminated by USA WEEKEND, at any time
without notice. In the event of termination, you are no longer authorized to access the
Make a Difference DAYtaBANK and the restrictions imposed on you with respect to material
downloaded from the Make a DifferenceDAYtaBANK, the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
11. Other. This agreement constitutes the entire agreement between USA Weekend, Inc. and
you with respect to the subject matter contained herein and supersedes all previous
and contemporaneous agreements, proposals and communications, written or oral.
Notwithstanding the previous sentence, this agreement does not supersede, but rather
coexists with the USAWeekend Site's Terms of Service. This agreement shall be governed by
and construed in accordance with the laws of the State of New York without giving effect to
any principles of conflicts of law. If any provision of this agreement shall be unlawful,
void or for any reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any remaining
provisions. |
