Terms of Use for Adobe Youth Voices Web Site

Dated: February 26, 2010

Adobe Youth Voices ("AYV") is a program for middle-school and high-school youth sponsored by the Adobe Foundation (the "Foundation", "we" or "us"), a California non-profit organization with offices at 345 Park Avenue, San Jose, California, U.S.A. AYV offers digital learning opportunities for youth in underserved communities with the goal of supporting the development of the critical skills they need to become active and engaged members of their communities. AYV operates more than 160 sites throughout the world.

These Terms of Use ("Terms") apply to your use of http://youthvoices.adobe.com (the "Site"). The Site is owned and operated by the Foundation. The Site offers its users ("Users") access to resources that support AYV's mission. Certain areas of the Site contain information available only for Users who have registered to use the Site ("Registered Users") and are restricted. These Terms apply to the entire Site, including areas available only to Registered Users.

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY.

BY USING OR REGISTERING TO USE THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND AFFIRM THAT YOU ARE COMPETENT TO AGREE TO, ABIDE BY AND COMPLY WITH THESE TERMS.

IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN PLEASE DO NOT USE OR REGISTER TO USE THE SITE.

WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

REGISTRATION TO USE THE SITE

You may use the Site without registering. If you choose not to register on the Site, then you may not be able to take advantage of many features of the Site, such as downloading resources available on the Site or receiving newsletters. If you choose to register with the Site, then you represent to the Foundation that you have the authority to register with the Site according to these Terms.

When you register for the Site, you will be required to provide the Foundation with your email address, password, full legal name, home/mailing address, school/organization name and address, and information about your program for youth. In addition to the required registration information, you may be asked (but are not required to provide) your gender, age and other information, such as your information about personal interests, etc.

You must provide all required registration information before you will be allowed to register to use the Site. You acknowledge and agree that the Foundation may block your use of the Site if your registration information is not complete and/or terminate your right to use the Site if any of the registration information that you provide is untrue, not current, incomplete or inaccurate, or if the Foundation has reasonable grounds to believe that any of such registration information is untrue, not current, incomplete or inaccurate.

In order to use and continue to use the Site, you must: (a) maintain and update your registration information as needed to keep it current, complete and accurate; (b) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (c) provide for your own access to the World Wide Web; and (d) pay any telephone, data, hosting or other service fee associated with such access.

ADDITIONAL TERMS

From time to time, the Foundation may supplement these Terms with additional terms that pertain to specific content ("Additional Terms"), such as new or expanded content or services. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.

MODIFICATIONS TO THESE TERMS

The Foundation may modify these Terms from time to time. When we post changes to these Terms, we will revise the date set forth at the beginning of these Terms. Upon any material modification to these Terms, we will notify Users by sending an e-mail to the e-mail address provided as part of the registration information and/or by prominently posting notice of the changes on the Site together with a description of the modifications made. (If you did not provide the Foundation with your e-mail address, you will need to check for modifications to these Terms on the Site.) The modified Terms will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of the modified Terms on the Site constitutes your agreement to abide and be bound by such terms, as modified. If you object to any modification, your sole recourse is to terminate your use of the Site. We recommend that you check the Site from time to time to inform yourself of changes in these Terms or any of our other policies. These Terms may not otherwise be modified, except in a writing signed by both parties. These Terms and any Additional Terms constitute the entire agreement of the parties with respect to the matters contemplated hereby.

MODIFICATIONS TO THE SITE

The Foundation may modify or discontinue the Site, any portion thereof, or information, resources and services related thereto with or without notice to you and without liability to you or any third party.

SECURITY

You understand that you are responsible for keeping your user name and password confidential and secure. You also are responsible for all activities under your display name. You agree to immediately notify the Foundation of any unauthorized use of your display name or any breach of security.

Unauthorized access to the Site is a breach of these Terms and a violation of law. Although the Foundation will not be liable for losses caused by any unauthorized use of your display name and/or password, you may be liable for the losses of the Foundation or others due to such unauthorized use.

LICENSE GRANT AND SITE CONTENT

The Site is intended for use for educational and noncommercial purposes only.

Subject to these Terms, the Foundation hereby grants you a nonexclusive, nontransferable right to (a) access the Site; (b) access any information, materials, research, studies, reports, text, graphics, images, sound files, animation files, video files, software, including any file, image incorporated in or generated by the software and data accompanying the software (collectively, the "Software") and any other material made available through the Site (collectively, the "Site Content"); and (c) download, print and use one copy of the Site Content for your personal or internal use only. Unauthorized access to the Site or to the telecommunications or computer facilities used to deliver the Site is a breach of these Terms and is a violation of law.

No Site Content or trademarks, service marks and logos contained therein (collectively, "Marks") may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of the Foundation or the applicable owner of such Site Content and Marks. If you download or print a copy of the Site Content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the Site Content or use of the Site Content for any other purpose is a violation of the Foundation's copyright and other proprietary rights. The use of any such Site Content on any other web site or networked computer environment is prohibited.

Except as specifically permitted in these Terms, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Site Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates these Terms or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Site; or (iv) copy, reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Site Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you will provide Foundation with evidence of compliance with this License Grant and Site Content section. Any special rules for the use of Software and other Site Content accessible may be included elsewhere within the Site and are incorporated into these Terms by reference.

The Site Content is protected by copyright and other United States and foreign intellectual property and related laws. The Site Content includes both material owned or controlled by the Foundation and material owned or controlled by third parties and licensed to the Foundation. Title to all Site Content remains with the Foundation or the third party owners of such Site Content. Any use of the Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by the Foundation.

THIRD PARTY LINKS

These Terms apply only to the Site. The Foundation and its affiliates operate many other web sites for different purposes and in multiple jurisdictions where local laws may apply. The Site may include links to certain affiliated sites and to other unaffiliated other web sites or resources, including access to content, products and services (collectively, "Other Sites"). When you click on a link to these Other Sites, you leave the Site. Prior to accessing or using Other Sites, we urge you to familiarize yourself with the terms of use for each Other Site.

The Foundation provides these links and references to you only as a convenience and inclusion of any link or reference does not imply endorsement of any Other Site. The Foundation is not responsible for the availability of such Other Sites and for content, advertising, products or other materials on, or available from or though, any of them. The Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on Other Sites. The Foundation explicitly disclaims any responsibility for the accuracy, content, copyright compliance, legality, decency or availability of information or any other content found on Other Sites and you hereby irrevocably waive any claim against us with respect to such Other Sites.

TERMINATION

In the event that the Foundation determines, in its sole discretion, that you have breached any portion of these Terms, the Foundation reserves the right to (a) termination your right to use the Site; (b) discontinue your registration; (c) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) any other action which the Foundation deems to be appropriate.

You may terminate your registration at any time by sending an email to youthvoices@adobe.com.

SYSTEM OUTAGES

The Foundation periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. The Foundation shall have no liability whatsoever for (a) the resulting unavailability of the Site; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party act or any other outage of web host providers, Internet service providers or the Internet facilities and networks.

DISCLAIMER

THE CONTENT PROVIDED ON THE SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR INFRINGEMENT. THE FOUNDATION DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE SITE AND ITS CONTENT OR THE SITE'S CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THE FOUNDATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE. WE DISCLAIM ANY WARRANTY OR LIABILITY WHATSOEVER FOR ACTIONS YOU MAKE TAKE AS A RESULT OF ACCESS TO THE SITE. ALTHOUGH CONTENT IS GATHERED FROM SOURCES THAT WE CONSIDER RELIABLE, THE FOUNDATION DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, EFFICACY OR USE OF SUCH CONTENT.

LIMITATION OF LIABILITY

THE FOUNDATION IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.

THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SITE OR USE OF OR INABILITY TO USE THE SITE, THE CONTENT CONTAINED ON THE SITE OR THE INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold the Foundation and its affiliated entities and its officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) due to or arising out of: (a) your use of and access to the Site and the Site content; (b) your violation of any provision of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property or privacy right.

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent of a copyright owner and believe in good faith that materials hosted by the Foundation infringe your copyright, you (or your agent) may send the Foundation a notice requesting that the material be removed or access to it blocked by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice to the Foundation. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to the Foundation's Copyright Agent:
Adobe Foundation
Attn: Patricia Cogley
345 Park Avenue, Mailstop E9
San Jose, California 95110 USA
Fax: +1 (415) 832-2512

The Foundation suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Foundation at youthvoices@adobe.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

USER DISPUTES

You are solely responsible for any interaction with other Users of the Site. The Foundation reserves the right but shall have no obligation to monitor disputes between you and any other Users of the Site.

USERS FROM OUTSIDE THE UNITED STATES

The Site is controlled and offered by the Foundation from its facilities in the United States of America. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any reference to services on the Site does not imply that the Foundation intends to offer these services in your country. The Foundation makes no representations that the Site is appropriate or available for use in other jurisdictions.

MISCELLANEOUS

Notices: Any notice or other communication required or permitted to be made under these Terms may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient's office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of the Foundation, below, or (ii) in the case of the User, the address provided by the User upon registration. Either party may from time to time change its address for receiving notices in writing, or its electronic address, in the case of the Foundation, by posting a change of address on the Site or, for either party, by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of these Terms, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of the Foundation, below, or (2) in the case of the User, the electronic address provided by the User upon registration. Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. The Foundation also may broadcast notices, messages or other matters of importance on the Site; such broadcasts shall constitute notice to all Users.

Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties hereby consent to the exclusive jurisdiction of any state or federal court located in Santa Clara County, State of California. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address (a) if the Foundation is the recipient, set forth below and (b) if the User is the recipient, set forth in the User registration. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.

No Rights of Third Parties: These Terms do not create rights that are enforceable by third parties.

Other: No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. You may not assign or otherwise transfer these Terms, in whole or in part, or delegate or subcontract any of your rights or obligations under these Terms, without the Foundation's prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by you without the Foundation's consent will be void. These Terms will bind and inure to the benefit of each party's successors and permitted assigns. The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions. Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

ACKNOWLEDGEMENT

You acknowledge that you have read, understand and agree to these Terms and that these Terms have the same force and effect as a signed agreement.

CONTACTING US

The Foundation welcomes your comments or questions. Please contact us via email by sending us an email to youthvoices@adobe.com or by sending a letter to:

Adobe Foundation
URL: http://www.adobe.com/aboutadobe/philanthropy/foundation
345 Park Avenue, Mailstop E9
San Jose, California 95110 USA
Attn: Patricia Cogley
Email: pcogley@adobe.com
Tel: +1 (415) 832-5425
Fax: +1 (415) 832-2512

©2011 Adobe Foundation. All Rights Reserved.