ONLINE SUBSCRIPTION AGREEMENT                                   

  1. Introduction

Welcome to the [Not Your Child Corp./service]! We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “Yes” at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “Yes” will you be able to access and use the services available on this Notyourchild.com website.

  1. Access and Services

Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

  1. Fees and Payment

We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. [Insert price list]. You will be given the opportunity to pay by credit card or by check when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.

  1. System Rules

You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.

  1. Privacy Considerations

Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.

  1. Proprietary Rights

By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we or our suppliers own.

  1. Limitation of Liability

You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every Online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

  1. Indemnity

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

  1. Disclaimers of Warranty

THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

  1. Choice of Law

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the [state/province], and that any action arising out of this Agreement shall be litigated and enforced under the laws of the [state/province]. In addition, you agree to submit to the jurisdiction of the courts of the [state/province], and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the [state/province].

  1. Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the “Yes” button below. If you do not agree to the terms of the Subscriber Agreement, please click the “No” button to log off the system.

Online Contract

The following is the terms of the agreement between [Not Your Child Corp.] (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Notyourchild.com website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

  • Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

  1. Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

  1. Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

  1. Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

  1. Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

  1. Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

  1. Non-Transferable

Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

  1. Disclaimer

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

  1. Refund Policy

If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within [NUMBER] days of receipt, to the following address: [full address]. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.

  1. Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

  1. governing law

This Contract shall be treated as though it were executed and performed in [state/province, country] and shall be governed by and construed in accordance with the laws of [state/province, country] (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within [number] months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

  1. litigation

All legal proceedings arising out of or in connection with this Contract shall be brought solely in [state/province, country] and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

  • Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the “I Agree” button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.

If you don’t click on “I Agree” then you will not be able to purchase any goods or services.

NOTYOURCHILD.COM WEBSITE LEGAL NOTICE

© Copyright Not Your ChildCorp.. 2002. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Not Your ChildCorp..

Terms and Conditions of Use

Welcome to the corporate website of Not Your Child Corp. http://www.notyourchild.com. Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS NOTYOURCHILD.COM WEBSITE. The information and materials provided by NOT YOUR CHILD CORP may be used for informational purposes only. By using, accessing or downloading materials from this Notyourchild.com website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the Notyourchild.com website, both now and in the future. NOT YOUR CHILD CORP may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this Notyourchild.com website.

Restrictions

You may view, download and copy information and materials available on this Notyourchild.com website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of NOT YOUR CHILD CORP’s products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.

Ownership of Information and Materials

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Notyourchild.com website are the copyrighted works of NOT YOUR CHILD CORP, and any unauthorized use of that information or materials may violate copyright, trademark and other laws.

Any rights not expressly granted herein are reserved.

Trademark Information

NOT YOUR CHILD CORP’s trademarks may be used only with written permission from Not Your Child Corp All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of NOT YOUR CHILD CORP or any third party.

Feedback

All comments, feedback, information or materials submitted to NOT YOUR CHILD CORP through or in association with this Notyourchild.com website shall be considered non-confidential and NOT YOUR CHILD CORP’s property. By submitting such comments, information, feedback, or materials to NOT YOUR CHILD CORP, you agree to a no-charge assignment to NOT YOUR CHILD CORP of worldwide rights to use, copy, modify, display and distribute the submissions. NOT YOUR CHILD CORP may use such comments, information or materials in any way it chooses in an unrestricted basis.

Disclaimer

The NOT YOUR CHILD CORP Internet team strives to provide you with useful, accurate, and timely information on this Notyourchild.com website. Accordingly, NOT YOUR CHILD CORP has attempted to provide accurate information and materials on this Notyourchild.com website but assumes no responsibility for the accuracy and completeness of that information or materials. NOT YOUR CHILD CORP may change the content of any information or materials available at this Notyourchild.com website, or to the products described in them, at any time without notice. However, NOT YOUR CHILD CORP makes no commitment to update the information or materials on this Notyourchild.com website which, as a result, may be out of date.

Information and opinions expressed in bulletin boards or other forums are not necessarily those of NOT YOUR CHILD CORP. Neither NOT YOUR CHILD CORP, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on NOT YOUR CHILD CORP’s Notyourchild.com website. NOT YOUR CHILD CORP reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Notyourchild.com website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS NOTYOURCHILD.COM WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND NOT YOUR CHILD CORP DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL NOT YOUR CHILD CORP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS NOTYOURCHILD.COM WEBSITE, ANY NOTYOURCHILD.COM WEBSITES LINKED TO THIS NOTYOURCHILD.COM WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH NOTYOURCHILD.COM WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS NOTYOURCHILD.COM WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Termination of Use

NOT YOUR CHILD CORP may, in its sole discretion, terminate or suspend your access to all or part of the NOT YOUR CHILD CORP Notyourchild.com website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

 Governing Law; Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE/PROVINCE] exclusive of its choice of law principles. The Delaware state courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.

 

General Provisions

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and NOT YOUR CHILD CORP concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding NOT YOUR CHILD CORP’s Terms and Conditions, please email: legal@Not Your Child Corp-sbs.com. To review NOT YOUR CHILD CORP’s Privacy Policy, click here.

VIRUS NOTICE

This Notyourchild.com website serves as a conduit for information. Certain documents and programs may be downloaded through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.

USERS MUST BE CERTAIN AND ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.

The owners of this site will not intentionally or willfully transmit files that they know to contain viruses. However, this site serves as a bulletin board repository of files that are uploaded by users. WE DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES. YOU ASSUME COMPLETE RESPONSIBILITY TO DO SO.

As a user of this Site, you agree to immediately notify us of any files that you download that you believe contain viruses.

As a condition to any license contained for items obtained by or through this Site, you will agree to perform virus screening on all such files prior to using the same.

THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGHT THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

Furthermore, the owners and operators of this Site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.

A “VIRUS” is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effect so n the user’s computer system. As you know, VIRUSES do occur and are somewhat prevalent. As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses.

Anti-Spam Policy

This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are “spammed” by anyone regarding our products, services, notyourchild.com website, or any other matters, please report this activity to SPECIFY.

 

NOTIFICATION OF COPYRIGHT, TRADEMARK, AND OTHER PROPRIETARY INFORMATION

Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the [COUNTRY] Copyright Act, all applicable state laws, and international copyright laws. The content and software on this site may be used as a resource while accessing this notyourchild.com website, but may not be downloaded or used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of the relevant owner or author.

The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. The name [NOT YOUR CHILD CORP] is a registered trademark of [NOT YOUR CHILD CORP], the owner of this notyourchild.com website and such registered trademark will be asserted in [COUNTRY] and other countries. Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this notyourchild.com website, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the [COUNTRY] Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries.

 Online Copyright and

Trademark Protection Notice

© Copyright Not Your Child Corp., 2002. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Not Your ChildCorp..

Online INFORMATION Disclaimers

THE INFORMATION FROM OR THROUGH TIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.

All terms and conditions with respect to this site is governed by a Terms of Service Agreement.

Online Disclosure Regarding

TERMS OF SERVICE

The use of this site, and the terms and conditions for the sale of any goods and services, is governed by the Terms of Service Agreement. By using this site you acknowledge that you have read the Terms of Service Agreement and the disclaimers and caveats contained in this site, and that you accept and will be bound by the terms thereof.

[Note: The disclaimer should then link to the full text of the Terms of Service Agreement.]

By applying for and being accepted through our affiliate program, the Recipient agree to the following terms and conditions of participation.

Please read these terms and conditions carefully as they constitute a legal agreement between the Recipient and our company upon acceptance into our affiliate program. BY CLICKING THE ACCEPTANCE BUTTON AT THE END OF THIS AGREEMENT, THE RECIPIENT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT RELATIVE TO THE RECIPIENT PARTICIPATION IN THE AFFILIATE PROGRAM. BY CLICKING THE ACCEPTANCE BUTTON BELOW, THE RECIPIENT REPRESENT AND WARRATN TO US THAT THE RECIPIENT HAVE CAREFULLY REVEIWED THE TERMS AND CONDITIONS SET FORTH INTHIS AGREEMENT AND THAT THE RECIPIENT AGREE TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS.

Online DISCLAIMER FOR SOFTWARE USE

BEFORE CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. WHEN PROMPTED, PLEASE INDICATE WHETHER YOU ACCEPT OR DO NOT ACCEPT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, PROMPTLY RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.

[NOT YOUR CHILD CORP] SOFTWARE LICENSE

  1. GRANT OF LICENSE

[NOT YOUR CHILD CORP] grants to you the right to use one copy of the enclosed software program (the “SOFTWARE”) on a single terminal connected to a single computer. You may not network the SOFTWARE or otherwise use it on more than one computer at the same time.

  1. COPYRIGHT

The SOFTWARE is owned by [NOT YOUR CHILD CORP] or its suppliers and is protected by United States copyright laws and international treaty provisions. You may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not otherwise copy the SOFTWARE, and you may not copy the written materials accompanying the SOFTWARE.

  1. OTHER RESTRICTIONS

You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must include the update and all prior versions.

  1. DUAL MEDIA SOFTWARE

If the SOFTWARE package contains more than one form of media, such as a 3.5″ diskette and a CD-ROM, then you may use only the media appropriate for your single-user computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials.

  1. LIMITED WARRANTY AND REMEDY

[NOT YOUR CHILD CORP] warrants the physical media (e.g. diskette(s) or CD-ROM) and the physical documentation to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If [NOT YOUR CHILD CORP] receives notification within this warranty period of any such defects and such notification is determined to be correct, [NOT YOUR CHILD CORP] will replace the media or documentation. The foregoing is your sole and exclusive remedy for any breach of warranty by [NOT YOUR CHILD CORP]. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.

  1. NO OTHER WARRANTIES

THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION. [NOT YOUR CHILD CORP] MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE SOFTWARE AND DOCUMENTATION. THE PROVISIONS ABOVE STATE NSMG’S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXLCUSIVE REMEDY WITH RESPECT TO ANY BREACH OF WARRANTY.

  1. LIMITED LIABILITY

IN NO EVENT SHALL [NOT YOUR CHILD CORP] OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE ANY [NOT YOUR CHILD CORP] SOFTWARE, EVEN IF [NOT YOUR CHILD CORP] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSMG’S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF THE SOFTWARE.

  1. SEVERABILITY

If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.

  1. TERM

This license is effective until terminated. You may terminate it at any time by destroying the SOFTWARE together with all copies, modifications and merged portions in any form. It will also terminate upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you agree to promptly destroy the SOFTWARE together with all copies, modifications and merged portions in any form.

  1. MISCELLANEOUS

This is the entire Agreement between you and [NOT YOUR CHILD CORP], and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This Agreement is governed by the laws of the [STATE/PROVINCE/COUNTRY]. You may not export or re-export the SOFTWARE or documentation without the appropriate [COUNTRY] or foreign government licenses.

Notyourchild.com website SERVICE AGREEMENT/TERMS OF USE

  1. ACCEPTANCE OF TERMS

The services that [NOT YOUR CHILD CORP.] provides to User is subject to the following Terms of Use (“TOU”). [NOT YOUR CHILD CORP.] reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

  1. This Agreement, which incorporates by reference other provisions applicable to use of [NOTYOURCHILD.COM WEBSITE], including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in [NOTYOURCHILD.COM WEBSITE], sets forth the terms and conditions that apply to use of [NOTYOURCHILD.COM WEBSITE] by User. By using [NOT YOUR CHILD CORP.] (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use [NOTYOURCHILD.COM WEBSITE] is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
  1. [NOT YOUR CHILD CORP.] shall have the right at any time to change or discontinue any aspect or feature of [NOTYOURCHILD.COM WEBSITE], including, but not limited to, content, hours of availability, and equipment needed for access or use.
  1. Changed Terms

[NOT YOUR CHILD CORP.] shall have the right at any time to change or modify the terms and conditions applicable to User’s use of [NOTYOURCHILD.COM WEBSITE], or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on [NOTYOURCHILD.COM WEBSITE], or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of [NOTYOURCHILD.COM WEBSITE] by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

  1. DESCRIPTION OF SERVICES

Through its Web property, [NOT YOUR CHILD CORP.] provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

  1. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of [NOTYOURCHILD.COM WEBSITE] and all charges related thereto.

  1. User Conduct
  1. User shall use [NOTYOURCHILD.COM WEBSITE] for lawful purposes only. User shall not post or transmit through [NOTYOURCHILD.COM WEBSITE] any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without [NOT YOUR CHILD CORP.] ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in [NOT YOUR CHILD CORP.] ‘s discretion restricts or inhibits any other User from using or enjoying [NOTYOURCHILD.COM WEBSITE] will not be permitted. User shall not use [NOTYOURCHILD.COM WEBSITE] to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with [NOT YOUR CHILD CORP.] .
  1. [NOTYOURCHILD.COM WEBSITE] contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of [NOTYOURCHILD.COM WEBSITE] are copyrighted as a collective work under the [COUNTRY] copyright laws. [NOT YOUR CHILD CORP.] owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of [NOT YOUR CHILD CORP.]  and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
  1. User shall not upload, post or otherwise make available on [NOTYOURCHILD.COM WEBSITE] any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of [NOTYOURCHILD.COM WEBSITE], User automatically grants, or warrants that the owner of such material has expressly granted [NOT YOUR CHILD CORP.] the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants [NOT YOUR CHILD CORP.] the right to edit, copy, publish and distribute any material made available on [NOTYOURCHILD.COM WEBSITE] by User.
  1. The foregoing provisions of Section 5 are for the benefit of [NOT YOUR CHILD CORP.], its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 
  1. USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

[NOT YOUR CHILD CORP.] has no obligation to monitor the Communication Services. However, [NOT YOUR CHILD CORP.] reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. [NOT YOUR CHILD CORP.] reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. [NOT YOUR CHILD CORP.] reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in [NOT YOUR CHILD CORP.]’s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. [NOT YOUR CHILD CORP.] does not control or endorse the content, messages or information found in any Communication Services and, therefore, [NOT YOUR CHILD CORP.] specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized [NOT YOUR CHILD CORP.] spokespersons, and their views do not necessarily reflect those of [NOT YOUR CHILD CORP.].

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing [NOT YOUR CHILD CORP.] with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify [NOT YOUR CHILD CORP.] immediately of any unauthorized use of User’s account or any other breach of security. [NOT YOUR CHILD CORP.] will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by [NOT YOUR CHILD CORP.] or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

  1. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS NOTYOURCHILD.COM WEBSITE

Any software that is made available to download from the Services (“Software”) is the copyrighted work of [NOT YOUR CHILD CORP.] and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, [NOT YOUR CHILD CORP.] HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, [NOT YOUR CHILD CORP.] MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. [NOT YOUR CHILD CORP.] DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

  1. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS NOTYOURCHILD.COM WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

[NOT YOUR CHILD CORP.] AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. [NOT YOUR CHILD CORP.] AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL [NOT YOUR CHILD CORP.] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [NOT YOUR CHILD CORP.] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

  1. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL [NOT YOUR CHILD CORP.] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

  1. MATERIALS PROVIDED TO [NOT YOUR CHILD CORP.] OR POSTED AT ANY OF ITS NOTYOURCHILD.COM WEBSITES

[NOT YOUR CHILD CORP.] does not claim ownership of the materials User provide to [NOT YOUR CHILD CORP.] (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting [NOT YOUR CHILD CORP.], its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all [NOT YOUR CHILD CORP.] Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. [NOT YOUR CHILD CORP.] is under no obligation to post or use any Submission User may provide and [NOT YOUR CHILD CORP.] may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

  1. Disclaimer of Warranty; Limitation of Liability
  1. USER EXPRESSLY AGREES THAT USE OF [NOTYOURCHILD.COM WEBSITE] IS AT USER’S SOLE RISK. NEITHER [NOT YOUR CHILD CORP.], ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT [NOTYOURCHILD.COM WEBSITE] WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF [NOTYOURCHILD.COM WEBSITE], OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH [NOTYOURCHILD.COM WEBSITE].
  1. [NOTYOURCHILD.COM WEBSITE] IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  1. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT [NOT YOUR CHILD CORP.] IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
  2. IN NO EVENT WILL [NOT YOUR CHILD CORP.], OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING [NOTYOURCHILD.COM WEBSITE] OR THE [NOT YOUR CHILD CORP.] SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE [NOTYOURCHILD.COM WEBSITE]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
  1. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, [NOT YOUR CHILD CORP.], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN [NOTYOURCHILD.COM WEBSITE], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
  1. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. [NOT YOUR CHILD CORP.], ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, [NOT YOUR CHILD CORP.], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
  1. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
  1. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE [NOT YOUR CHILD CORP.]’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF [NOT YOUR CHILD CORP.] AND [NOT YOUR CHILD CORP.] IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. [NOT YOUR CHILD CORP.] IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. [NOT YOUR CHILD CORP.] IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY [NOT YOUR CHILD CORP.] OF THE SITE.

[NOT YOUR CHILD CORP.]  is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, [NOT YOUR CHILD CORP.]  has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of [NOTYOURCHILD.COM WEBSITE], are those of the respective author(s) or distributor(s) and not of [NOT YOUR CHILD CORP.]. Neither [NOT YOUR CHILD CORP.] nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through [NOTYOURCHILD.COM WEBSITE] represents the opinions and judgments of the respective information provider, User, or other user not under contract with [NOT YOUR CHILD CORP.]. [NOT YOUR CHILD CORP.] neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on [NOTYOURCHILD.COM WEBSITE] by anyone other than authorized [NOT YOUR CHILD CORP.]  employee spokespersons while acting in their official capacities. Under no circumstances will [NOT YOUR CHILD CORP.] be liable for any loss or damage caused by a User’s reliance on information obtained through [NOTYOURCHILD.COM WEBSITE]. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through [NOT YOUR CHILD CORP.]. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

  1. UNSOLICITED IDEA SUBMISSION POLICY

[NOT YOUR CHILD CORP.] OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN [NOT YOUR CHILD CORP.]’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO [NOT YOUR CHILD CORP.]. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO [NOT YOUR CHILD CORP.] OR ANYONE AT [NOT YOUR CHILD CORP.]. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT [NOT YOUR CHILD CORP.] MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

  1. Monitoring

[NOT YOUR CHILD CORP.] shall have the right, but not the obligation, to monitor the content of [NOTYOURCHILD.COM WEBSITE], including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by [NOT YOUR CHILD CORP.] and to satisfy any law, regulation or authorized government request. [NOT YOUR CHILD CORP.] shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on [NOTYOURCHILD.COM WEBSITE]. Without limiting the foregoing, [NOT YOUR CHILD CORP.] shall have the right to remove any material that [NOT YOUR CHILD CORP.], in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

  1. Indemnification

User agrees to defend, indemnify and hold harmless [NOT YOUR CHILD CORP.], its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of [NOT YOUR CHILD CORP.] by User or User’s Account.

  1. Termination

Either [NOT YOUR CHILD CORP.] or User may terminate this Agreement at any time. Without limiting the foregoing, [NOT YOUR CHILD CORP.] shall have the right to immediately terminate User’s Account in the event of any conduct by User which [NOT YOUR CHILD CORP.], in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

  1. Miscellaneous

This Agreement and any operating rules for [NOTYOURCHILD.COM WEBSITE] established by [NOT YOUR CHILD CORP.]  constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the [STATE/PROVINCE, COUNTRY], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

  1. COPYRIGHT NOTICE

[NOT YOUR CHILD CORP.]  its logos are trademarks of [NOT YOUR CHILD CORP.]  Ltd. All rights reserved. All other trademarks appearing on [NOT YOUR CHILD CORP.]  are the property of their respective owners.

  1. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Use of the NOT YOUR CHILD CORP.

Website and its services are subject to the following Terms of Use Agreement (“TOU”). NOT YOUR CHILD CORP. reserves the right to update the TOU at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.

DESCRIPTION OF SERVICES NOT YOUR CHILD CORP.

Provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, downloads, and calendars, etc. and may include a Members Only section that can be accessed only by NOT YOUR CHILD CORP. staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

USE OF CONTENT Use of NOT YOUR CHILD CORP.

Content (documents, whitepapers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by NOT YOUR CHILD CORP. Elements of NOT YOUR CHILD CORP. websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to NOT YOUR CHILD CORP. is licensed or otherwise published by NOT YOUR CHILD CORP. with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

LIMITS OF LIABILITY NOT YOUR CHILD CORP.

Makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall NOT YOUR CHILD CORP., its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from NOT YOUR CHILD CORP. through the website, NOT YOUR CHILD CORP.’s liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if NOT YOUR CHILD CORP. so chooses.

EXTERNAL LINKS.

Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by NOT YOUR CHILD CORP. as a convenience to its users. NOT YOUR CHILD CORP. is not responsible for the materials contained at any website linked to this site.

UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NOT YOUR CHILD CORP. website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any NOT YOUR CHILD CORP. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF COMMUNICATION SERVICES.

The Communication Services may contain forums, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

  1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  1. Advertise or offer to sell or buy any goods or services.
  1. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  1. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  1. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  1. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  1. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  1. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  1. Harvest or otherwise collect information about others, including e-mail addresses.
  1. Violate any applicable laws or regulations.
  1. Create a false identity for the purpose of misleading others.
  1. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

NOT YOUR CHILD CORP. reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. NOT YOUR CHILD CORP. reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information in any Services. NOT YOUR CHILD CORP. does not control or endorse the content, messages or information found in any Communication Services and, therefore, NOT YOUR CHILD CORP. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.