TERMS & CONDITIONS
|In an effort to comply with the Children's Online Privacy and Protection
Act, all members of the YouthOfAmerica service must be at least thirteen (13) years of
age. These terms and conditions, if violated, may affect your ability to use the
1. The YouthOfAmerica Service. The YouthOfAmerica Service (the "Service") is an Internet-based non-profit online service that allows you to use the YouthOfAmerica Portal as well as programs and services there in and managed by YouthOfAmerica/ LSYF, Inc. ("YouthOfAmerica.Org/Lighthouse Sanctuary Youth Foundation"). The Service provided to you by YouthOfAmerica.Org are subject to all of these Terms and Conditions. The Service is provided to the original customer only and may not be transferred to any third party.
2. Agreement. These Terms and Conditions represent a legal agreement between you (either an individual or a single entity), as an end-user, and YouthOfAmerica.Org. By registering for the Service, you represent that you are at least thirteen (13) years old and you agree to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Service. YouthOfAmerica.Org may revise these Terms and Conditions at any time, and such revision shall be effective ten (10) days after posting the revised Terms and Conditions on the YouthOfAmerica Website. You agree to review these Terms and Conditions periodically in order to continually be aware of any such changes. If any changes are unacceptable to you, you may terminate your use of the Service.
(a) Account Information. When you register for the Service, an account will be created for you (your "Account") and you will be issued a YouthOfAmerica ID. You must select a nickname to identify yourself to other members of the Service including our customer support representatives. You may not select as your nickname the name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, or which YouthOfAmerica.Org deems in its sole discretion to be vulgar or otherwise offensive. YouthOfAmerica.Org reserves the right to delete any vulgar or otherwise offensive nicknames, or to require you to change your nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. You may not allow anyone else to use your Account or nickname. You agree to provide YouthOfAmerica.Org with ongoing, accurate, complete, and updated registration information. Failure to comply with this or any other provision of these Terms and Conditions may result in immediate termination of your account and subject you to civil and criminal liabilities. You hereby consent to the extraction of hardware system profile data through the Service from any computer that logs onto the Service using your Account.
(b) Passwords. Upon your registration for the Service, you will select a password. You are responsible for maintaining the confidentiality of your password and you are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your Account and nickname. At no time should you respond to an online request for a password. You acknowledge that although the Service may offer a feature that allows you to bypass the password protection, this feature would permit anyone who has access to your computer to easily access your Account and nickname. Use of this password bypass feature will be at your own risk.
(c) Terminated Accounts. If your Account has been terminated by YouthOfAmerica.Org, you may not access the Service in any manner or for any reason without the express written permission of YouthOfAmerica.Org. You may not allow any party whose Account has been terminated by YouthOfAmerica.Org to use your Account or nickname.
4. Charges for Service. While YouthOfAmerica.Org is not charging for the Service at this time, YouthOfAmerica.Org reserves the right to charge for the Service in the future and you will be fully liable for any and all charges under your Account, including any unauthorized charges. YouthOfAmerica.Org may change its fees and billing methods at any time effective ten (10) days after notice thereof is posted on the YouthOfAmerica website. All changes will be posted online and you are responsible for reviewing pricing information posted to the Service to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Service. If and when YouthOfAmerica.Org charges a membership fee or other account-related fees, such fees will be payable in advance and shall not be refundable in whole or in part. If your use of the Service is subject to sales tax or other type of tax, then YouthOfAmerica.Org may also charge you for any such taxes, which will be in addition to the rates and charges published on the YouthOfAmerica website. You will also be liable for all attorney and collection fees arising from YouthOfAmerica.Org' efforts to collect any unpaid charges.
5. Rights and Responsibilities.
(a) Content. You acknowledge that: (i) the Service contains graphics, sound effects, voice and text (collectively, "Content"), and (ii) such Content may be provided by independent content providers, including contributions from other registered members of the YouthOfAmerica Service. These independent content providers are referred to in these Terms and Conditions as "Content Providers". You must evaluate, and bear the risk(s) associated with, the accuracy, completeness or usefulness of any Content. YouthOfAmerica.Org does not pre-screen Content as a matter of policy, but YouthOfAmerica.Org and Content Providers shall have the right, but not the responsibility, to remove Content which is deemed in their discretion to be harmful, offensive, or otherwise in violation of these Terms and Conditions. Such removal may be immediate and without notice. Any content, characters, artwork, text, information, or other intellectual property you add to the Portal when and if such activities are enabled will be in the public domain. Neither you nor anyone else may claim to own or have exclusive right, including the copyright or trademark rights to such material, and you agree that YouthOfAmerica.Org may use such material for any purpose, including republication and creation of derivative rights. You assume all risks regarding the determination of your right to use the materials or whether the materials are in the public domain.
(b) Intellectual Property Rights. You acknowledge that the Service permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by YouthOfAmerica.Org (collectively, the "Rights"). These Rights are valid and protected in all media existing now or later developed, and except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States. Commercial exploitation licenses may be available under certain circumstances.
(c) Conduct. While using the Service, you may not engage in conduct which is unlawful or which restricts or inhibits any other user from using or enjoying the Service. YouthOfAmerica.Org reserves the right to terminate your Account if it determines in its sole discretion that you have engaged in any conduct we consider impermissible, inappropriate or inconsistent with these Terms and Conditions including, but not limited to, the following: harassing, threatening, embarrassing or intimidating another user or person or entity, transmitting any unlawful, harmful, threatening, abusive, profane, offensive, obscene, harassing, defamatory, vulgar or hateful communication or material, or any racially, ethnically or otherwise objectionable communication or material; using any obscene or offensive alias; impersonating another person or entity, including, without limitation, a YouthOfAmerica.Org employee or representative, an employee or representative of the operator of the server, another user or an information provider; disparaging the Portal or Service, YouthOfAmerica.Org or its representatives or employees, the server operator or its representatives or employees, any other user or any other person or entity; posting or transmitting any advertising, promotional materials, chain letters or pyramid schemes, or other forms of solicitation to other members, individuals or entities on the Service; disrupting the normal flow of conversation in any chat room or otherwise act in a manner that negatively affects other members, individuals or entities; violating any operating rule, policy or guideline of any other interactive service; modifying, altering, or in any way attempting to take technical advantage of the Portal or Service, including the creation, distribution or use of tools designed for compromising security, including password guessing programs, cracking tools, viruses, and network probing tools; upload, use or in any way violate material protected by intellectual property laws, rights to privacy or publicity, or any other applicable law, unless you own or control the rights thereto or have received all necessary consents; and, intentionally or unintentionally violating any applicable local, state, national or international law, regulation or treaty. YouthOfAmerica.Org reserves the right, but does not assume the responsibility, to restrict conduct which YouthOfAmerica.Org deems in its sole discretion to be harmful or offensive to and members, damaging to the communities which use the Service, or in violation of YouthOfAmerica.Org' or any third party's rights. You acknowledge, however, that communication over the Service occurs in real-time, and may be posted on one of the Service's or the YouthOfAmerica website's message boards or libraries, and YouthOfAmerica.Org cannot, and does not intend to, screen communication in advance. You agree not to take any action or pass any communication, either in or through the Service, that interferes with another user's ability to enjoy his or her use of the Service or which is objectionable or inappropriate. YouthOfAmerica.Org will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose. You are completely and solely liable for all communications and other activities of every kind and nature conducted by or through your Account. By using the Service, you agree to abide by generally accepted standards of online behavior. YouthOfAmerica.Org reserves the right to determine, at its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the Service. In the event that you engage in conduct prohibited by these Terms and Conditions, then one or more of the following may occur: you may be issued a warning; your Account's chat or other communication abilities may be turned off; use of your Account may be temporarily or permanently blocked; and your use of any other online service or other similar account that you then or may in the future maintain with YouthOfAmerica.Org may be temporarily or permanently blocked. If you witness any conduct that violates YouthOfAmerica.Org' usage guidelines, you may contact YouthOfAmerica.Org' customer service through any means described on the YouthOfAmerica Website. YouthOfAmerica.Org will determine, in its sole discretion, how to handle information you provide and may decide to take no action.
6. Additional Terms and Conditions. By continuing to use the Service and subject to the notice provisions of these Terms and Conditions, you consent to and accept any and all changes to these Terms and Conditions and any other terms and conditions posted from time to time on the YouthOfAmerica Website.
7. Disclaimer of Warranty. To the maximum extent allowed by law, YouthOfAmerica.Org, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, ALL Portal DISTRIBUTED BY YouthOfAmerica.Org AND THE INTERNET ARE AT YOUR SOLE RISK. THE SERVICE AND ALL Portal DISTRIBUTED BY YouthOfAmerica.Org ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YouthOfAmerica.Org DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, OR ARISING WITH RESPECT TO THE SERVICE, ALL Portal DISTRIBUTED BY YouthOfAmerica.Org, AND THE INTERNET. YouthOfAmerica.Org ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF YouthOfAmerica.Org, ITS LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMISSIONS. YouthOfAmerica.Org makes no warranty with respect to any related Portal or hardware used or provided by YouthOfAmerica.Org in connection with the Service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or Portal products. YouthOfAmerica.Org assumes no responsibility for any actions or liabilities arising from the possession or use of these products or hardware.
8. Limitation of Liability. YOU ACKNOWLEDGE THAT YouthOfAmerica.Org SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY YouthOfAmerica.Org OR ITS CONTENT PROVIDERS, OTHER MEMBERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. YouthOfAmerica.Org SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICE OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY YouthOfAmerica.Org. YouthOfAmerica.Org ' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICE SHALL BE THE REPLACEMENT OF ANY Portal DEVELOPED BY OR FOR YouthOfAmerica.Org WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY YouthOfAmerica.Org, LESS SHIPPING AND HANDLING. YouthOfAmerica.Org ' LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO ACCESS AND USE THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES YouthOfAmerica.Org ' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Indemnification. At YouthOfAmerica.Org' request, you agree to defend, indemnify and hold harmless YouthOfAmerica.Org, its affiliated companies, licensees, distributors, Content Providers and other Members of the Service, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. YouthOfAmerica.Org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
10. Termination. Either you or YouthOfAmerica.Org may terminate your Account at any time without further obligation to the other. Further, YouthOfAmerica.Org reserves the rights to terminate the Service at any time without further obligation to you. Your only right with respect to any dissatisfaction with any (a) provision of these Terms and Conditions or provision posted on the YouthOfAmerica Website, (b) policy or practice of YouthOfAmerica.Org in operating the Service, (c) Content available through the Service or change therein, or (d) amount or type of fees or billing methods, or change therein, is to terminate your Account by notifying YouthOfAmerica.Org' customer service of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by YouthOfAmerica.Org or upon receipt of confirmation if confirmation is requested. IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELED FOR ANY REASON, NO REFUND OF ANY FEES, INCLUDING MEMBERSHIP FEES, IF ANY, WILL BE GRANTED. NO PRORATION OF FEES IS AVAILABLE TO YOU UPON TERMINATION OF THE SERVICE OR YOUR ACCOUNT FOR ANY REASON. UPON TERMINATION OF THE SERVICE OR YOUR ACCOUNT, YOUR ACCESS PRIVILEGES TO THE SERVICE WILL BE TERMINATED.
11. Third Party Portal and Service. YouthOfAmerica.Org does not endorse, warrant or guarantee any product or service offered through the Service by any third party, will not be a party to or in any way monitor any transaction between you and third party providers of products or services in connection with the Service, and will not bear any responsibility for their product, services, policies or actions. You agree that your use of any third party products or services may be subject to additional terms and conditions and failure to abide by those additional terms and conditions may result in termination of your Account.
12. User Lists. From time to time, YouthOfAmerica.Org may make its user list available to select companies that offer products and/or information that YouthOfAmerica.Org believes might be of interest to its Members. If you do not want your name released to these companies, please indicate this when setting up your Account, or contact a YouthOfAmerica.Org customer service representative.
13. General Provisions. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights granted to you or obligations owed by you pursuant to these Terms and Conditions, except as expressly provided herein. Any assignment in violation of these Terms and Conditions is void; provided, however, that YouthOfAmerica.Org may assign its rights and obligations hereunder. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. The paragraph headings contained in these Terms and Conditions are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. YouthOfAmerica.Org and you are independent contractors under these Terms and Conditions. YouthOfAmerica.Org' failure to enforce at any time any of the provisions of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.