To submit your story or photograph or other image to My Great Story, please carefully review the agreement below. This is a legal agreement between you and the National Down Syndrome Society, a non-profit corporation.
a. “NDSS” means the National Down Syndrome Society, a non-profit corporation.
b. “Website” means the website of NDSS located at www.ndss.org.
c. “Story” means the story about you or a person with Down syndrome being submitted to NDSS as part of the My Great Story project. If you submit a photograph or other image with your Story, then the definition of “Story” also includes that photograph or other image.
- I represent and warrant to NDSS that:
(a) I am eighteen years old or older.
(b) The Story I submit is truthful.
(c) The Story I submit is my original work and has not been copied from any other source.
(d) I have the permission of every person whose name is mentioned or identity is revealed in the Story to use that person’s name and identity in the Story.
(e) I have the permission of every person who appears in any photograph or image submitted to use that person’s photograph or image.
(f) If the Story is not about me, but is about a person with Down syndrome, I have the permission of that person to submit the Story.
- I agree and acknowledge that:
(a) NDSS has no obligation to publish the Story on the Website or elsewhere.
(b) If NDSS publishes the Story, it may also publish my name and state of residence with the Story.
(c) NDSS has the absolute right to edit and revise the Story, and edit or alter any photograph or other image, in any way it sees fit in order to make it suitable for publication on the Website or in any other format.
- I hereby grant to NDSS a perpetual, non-exclusive, royalty-free, worldwide license to the copyright and all other rights in the Story. This means that NDSS may use the Story, as submitted or as revised, in any way and in any existing or future format, and has the right to publish it on the Website and elsewhere, copy it, publicly display it, publicly perform it, broadcast it, or make derivative works from it, and grant others the right to do the same.
1. License Grants. By using the Site, You may have access to certain software, content and/or other information, owned or licensed by NDSS, its licensors and other third parties (each, a “Contributor”). Subject to each provision of this Agreement, NDSS hereby grants to You (and You accept) a non-exclusive, non-transferable limited license to access the Site. All rights not expressly granted to You are hereby reserved by NDSS and/or each respective Contributor. NDSS and each Contributor shall have the right to assert and enforce each provision of this section directly on its own behalf. Any communication or material You post or transmit to or through the Site is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything You post or transmit to or through the Site, including, without limitation, all text, photographs, drawings, images, or other information submitted by You (“Submissions”). You expressly agree not to access or use the Site in any way that violates this Agreement. You hereby grant to NDSS an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to be exercised by NDSS in its sole and absolute discretion on or through any media and using any technologies, whether now known or later devised, including the right to grant sublicenses, to edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all Proprietary Rights (as defined below) in and to any Submissions You post or transmit to the Site.
2. Proprietary Rights. For the purposes of this Agreement, “Proprietary Rights” means any and all of the following: (a) all rights using all technologies, electronic or otherwise and whether now known or hereafter created, associated with works of authorship in any jurisdiction, including but not limited to copyrights, and moral rights; (b) trademark and trade name rights and similar rights and all business goodwill associated therewith; (c) trade secret rights; (d) all other intellectual rights of every kind and nature and however designated and whether now known or hereafter created, including, but not limited to, “rental” rights, rights of publicity, and rights to remuneration, whether arising by operation of law, contract, license, treaty or otherwise; and (e) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including without limitation any rights in any of the foregoing).
2.1 NDSS Ownership. It is hereby understood and agreed that, as between NDSS and You, NDSS is the owner of any and all right, title and interest, including all Proprietary Rights, included or provided by NDSS or any Contributor on or through the Site (other than your Submissions), including, but not limited to, all text, software, photographs, graphics, illustrations, artwork, video, music, sound recordings, names, logos, trademarks and service marks (“Materials”). The Materials are protected by U.S. copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You hereby warrant that any Submission You upload or otherwise make available to or through the Site does or will violate any Proprietary Rights of any third party. Except as expressly provided herein, You do not acquire any Proprietary Rights in or to the Materials or otherwise through use of the Site.
2.2 Express Prohibitions. You may not download, upload, republish, reproduce, copy, post, transmit, broadcast, distribute, create any derivative work based on or incorporating, or otherwise exploit in any way, commercial or otherwise, any other material not owned by You, that is or was obtained through the Site, or the Materials, unless expressly permitted in writing by NDSS. You are not permitted to: (a) rent, lease, assign or transfer (or attempt to do any of the foregoing) all or any part of the Site or the Materials to any person or entity without the prior written consent of NDSS; (b) remove any proprietary notices, labels, or marks on or associated with the Site or the Materials,; (c) use the Site to provide a service bureau by which the Site can be accessed by third parties or by which information produced pursuant to the Site is sold or given to third parties via pay per call or other arrangements; or (d) sublicense, assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason without the prior written consent of NDSS.
3. NDSS Community. While using the Site, You are a part of NDSS community, and You agree to respect the rights of other members of the community as described in this Agreement, including, without limitation, this Section 4. You shall use the Site for lawful and permitted purposes only. Transmission of any material in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not upload to, transmit or otherwise distribute through the Site any content that: (1) infringes any Proprietary Rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) that encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Site; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; or (8) impersonates any person or entity whether through digital or manual signature or otherwise or that directly or indirectly attempts to gain unauthorized access to any portion of the Site any computer, software, or data of any person, organization or entity that uses or accesses the Site. You shall not knowingly or negligently transmit any information that contains viruses or other computer programming defects.
4. Content Screening. You acknowledge that, although NDSS may or may not screen Site content, NDSS has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to post, reject, edit, remove or otherwise filter any Site content including, without limitation, any content that either NDSS believes violates any term of this Agreement or is otherwise objectionable. You further acknowledge that NDSS does not control Site content and that any and all opinions, advice, statements, or other information or content presented or disseminated in any Submission are those of their respective authors and NDSS shall in any way be liable therefor. You expressly agree that You must evaluate, and do bear all risks associated with, any and all Site content.
5. Prohibiting Site Access, Complaints & Investigation. NDSS reserves the right to prohibit use of the Site by any user who, in NDSS’s sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the user. If You believe a user is violating this Agreement, please contact us at [email protected] NDSS reserves the right to investigate any suspected violation of this Agreement and may gather information from the user(s) and/or complaining party, if any, and examine any material on the Site. In addition to foregoing investigation rights of NDSS, You hereby expressly also authorize NDSS to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include NDSS providing Your username, IP address, or other identifying information.
6. Hyperlinked Material. The Site may contain hyperlinks to other sites on the Internet that are not owned or controlled by NDSS. The appearance of any third party link on the Site does not imply the endorsement by NDSS of the linked site, its sponsor, or any product, service, or information offered on the linked site. Access or use of any linked site is done solely at Your own risk. NDSS cannot and does not assume any responsibility for any material on any such site, or any other material outside of the Site, which is accessed directly or indirectly by any such hyperlink.
7. Equipment; Operation. You are solely responsible for acquiring and maintaining all computer hardware and software, telephone, broadband or other similar high speed internet access and other equipment, and all communications and other services needed to access and use the Site. NDSS reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Site, including, but not limited to, content or functionality.
8. Indemnification. You agree to, and shall, indemnify, defend, and hold harmless NDSS and each of its contributors, officers, directors, employees, attorneys, and licensees from and against any claim, demand, damage, cost or other expense (including reasonable attorney fees) arising out of, or in any way related to, any violation by you of this agreement or use of the site by you.
9. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SITE IS FURNISHED “AS IS” AND WITH ALL FAULTS. NEITHER NDSS NOR ANY CONTRIBUTOR MAKES, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU. NDSS AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING, WITHOUT LIMITATION THAT THE SITE OR ANY INFORMATION OR SERVICE PROVIDED BY NDSS OR ITS CONTRIBUTORS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS), AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NDSS DOES NOT WARRANT THAT THE SITE IS FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER LIMITATIONS, NOR DOES NDSS WARRANT THAT THE SITE, OR ANY SERVER THAT MAKES IT AVAILABLE, IS FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AT ALL TIMES REMAINS WITH YOU, AND YOU AGREE TO ASSUME THE ENTIRE COST TO YOU OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY ANY VIRUS OR OTHER HARMFUL SITE COMPONENT.
YOU SPECIFICALLY AGREE THAT NEITHER NDSS NOR ANY CONTRIBUTOR SHALL BE RESPONSIBLE FOR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SITE, ANY EXPENSE, DAMAGE OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR USE OF RECORD, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT CONTAINED ON OR MADE THROUGH OR IN CONNECTION WITH THE SITE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT NDSS IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING, WITHOUT LIMIT, PROPRIETARY RIGHTS.
11. LIMITATION OF LIABILITY. NEITHER NDSS NOR ANY OF ITS CONTRIBUTORS SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF EQUIPMENT, OPPORTUNITY, BUSINESS, LOSS OF DATA OR PROFITS, OR THE LIKE), IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE FAILURE TO PROVIDE SUPPORT THEREFOR, EVEN IF NDSS OR ANY OF ITS CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. Governing Law/Venue. This Agreement shall be exclusively interpreted, construed and enforced under New York (U.S.A.) law without reference to its choice of law rules and, if any federal right violation is alleged, the laws of the United States of America. No action brought by either Party against the other for breach of this Agreement will be limited to breach of contract and, unless otherwise expressly provided for in this Agreement, either Party may bring any cause(s) of action under state and/or federal law that would otherwise be available to it but for this Agreement. Venue for any court action arising out of or relating to this Agreement shall be exclusively brought in the appropriate state court in the New York City, New York or in the United States District Court for the Southern District of New York, and the Parties irrevocably consent to the jurisdiction of such courts for any permitted court action on any obligation hereunder. If You are now or are later deemed to be a state entity, You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.