Terms and Conditions for Submissions
IMPORTANT-READ
CAREFULLY: THESE TERMS OF USE FORM A LEGALLY BINDING AGREEMENT (THE
"AGREEMENT") BETWEEN YOU ("YOU") AND THE FAMILY INITIATIVE COORDINATION
SERVICES PROJECT AT THE JUST KIDS FOUNDATION, INC., A NEW YORK STATE NON-PROFIT
CORPORATION, THAT SETS FORTH THE TERMS AND CONDITIONS FOR YOU TO USE
WWW.EIFAMILIES.COM (THE "SITE"). EIFAMILIES.COM ALLOWS YOU TO ACCESS THE
SITE ONLY UPON THE EXPRESS CONDITION THAT YOU ACCEPT EACH PROVISION OF THIS
AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE
SITE. BY ACCESSING OR USING THE SITE YOU SIGNIFY THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. LICENSE GRANTS. By using the Site, You may have
access to certain software, content and/or other information, owned or licensed
by EIFAMILIES.COM, its licensors and other third parties (each, a
"Contributor"). Subject to each provision of this Agreement,
EIFAMILIES.COM 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 EIFAMILIES.COM and/or each respective
Contributor. EIFAMILIES.COM 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 EIFAMILIES.COM an
irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to be
exercised by EIFAMILIES.COM 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).
3.1 EIFAMILIES.COM Ownership. It is hereby understood and agreed that, as between EIFAMILIES.COM and You, EIFAMILIES.COM is the owner of any and all right, title and interest, including all Proprietary Rights, included or provided by EIFAMILIES.COM 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.
3.2 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 EIFAMILIES.COM. 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 EIFAMILIES.COM; (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 EIFAMILIES.COM.
4. EIFAMILIES.COM COMMUNITY. While using the Site, You are a part of EIFAMILIES.COM 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.
5. CONTENT SCREENING. You acknowledge that, although EIFAMILIES.COM may or may not screen Site content, EIFAMILIES.COM 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 EIFAMILIES.COM believes violates any term of this Agreement or is otherwise objectionable. You further acknowledge that EIFAMILIES.COM 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 EIFAMILIES.COM 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.
6. PROHIBITING SITE ACCESS, COMPLAINTS & INVESTIGATION. EIFAMILIES.COM
reserves the right to prohibit use of the Site by any user who, in
EIFAMILIES.COM'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 
. EIFAMILIES.COM 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
EIFAMILIES.COM, You hereby expressly also authorize EIFAMILIES.COM 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 EIFAMILIES.COM providing Your username, IP
address, or other identifying information.
7. HYPERLINKED MATERIAL. The Site may contain hyperlinks to other sites on the Internet that are not owned or controlled by EIFAMILIES.COM. The appearance of any third party link on the Site does not imply the endorsement by EIFAMILIES.COM 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. EIFAMILIES.COM 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.
8. 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. EIFAMILIES.COM 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.
9. INDEMNIFICATION. You agree to, and shall, indemnify, defend, and hold harmless EIFAMILIES.COM 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.
10. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SITE IS FURNISHED "AS IS" AND WITH ALL FAULTS. NEITHER EIFAMILIES.COM NOR ANY CONTRIBUTOR MAKES, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU. EIFAMILIES.COM 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 EIFAMILIES.COM 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. EIFAMILIES.COM DOES NOT WARRANT THAT THE SITE IS FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER LIMITATIONS, NOR DOES EIFAMILIES.COM 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 EIFAMILIES.COM 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 EIFAMILIES.COM 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 EIFAMILIES.COM 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 EIFAMILIES.COM 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.
SUBMISSION AGREEMENT
To submit your story, testimonial, photograph or other image to "My Story" or
"Testimonial" please carefully review the agreement below. If you
understand and agree, please click the "I accept" button and provide the
information requested.
This is a legal agreement between you and The Family Initiative Coordination
Services Project At The Just Kids Foundation, Inc.
1.
Definitions.
a. "EIFAMILIES.COM" means the Family Initiative Coordination
Services Project At The Just Kids Foundation, Inc., a non-profit corporation.
b. "Website" means the website of EIFAMILIES.COM located at
www.eiFamilies.com.
c. "My Story" means the story about you, your family and your
infant and/or toddler with a disability being submitted to EIFAMILIES.COM as
part of the "My Story" component of the EIFAMILIES.COM website. If you
submit a photograph or other image with your "My Story," then the definition of
"Story" also includes that photograph or other image. "Testimonial" means comments made by you
affirming your experiences with New York's Early Intervention Program and/or
with the Early Intervention Partners Training Project.
2.
I represent and warrant to EIFAMILIES.COM that:
(a) I am eighteen years old or older.
(b) The "My Story" and/or Testimonial I submit is truthful.
(c) The "My 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 "My Story" and/or "Testimonials" to use
that person's name and identity in "My Story" and "Testimonials."
(e) I have the permission of every person who appears in any
photograph or image submitted to use that person's photograph.
3.
I agree and acknowledge that:
(a) EIFAMILIES.COM has no obligation to publish "My Story" or
"Testimonial" on the Website or elsewhere.
(b) If EIFAMILIES.COM publishes "My Story" or "Testimonial",
it may also publish my first name, county, and email address with "My Story" or
"Testimonial".
(c) EIFAMILIES.COM has the absolute right to edit and revise
"My Story" or "Testimonial", 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.
