Disclosure Information and Site Use Agreement
The following terms and conditions govern all uses of material provided by Erik’s Cause, Inc. and all content, services and products available at or through this Site and related offerings (collectively referred to here as the “Site”). The Site is owned and operated by Erik’s Cause, Inc. and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site (collectively referred to here as the “Agreement”).
Please read the below carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms.
Erik’s Cause, Inc., a nonprofit public benefit corporation (hereafter “Erik’s Cause”) has made every effort to present accurate and reliable information on this Site and in all the material contained herein. Erik’s Cause makes every effort to ensure its program directly addresses the challenges of pass-out activities (most commonly known as The Choking Game) by providing factual information and strategies for how to avoid the curiosity and/or peer pressure to engage in them. While our program promotes awareness through education with the goal of deterring children from participating in risk-taking behavior, we cannot guarantee that a child may choose to participate at some point in the future. Professional help should always be sought whenever there is a possibility of a child participating in this or any other risk-taking behavior. Never try to solve this type of problem without obtaining professional help.
Reference herein to any specific site, commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement or recommendation by Erik’s Cause. Erik’s Cause does not endorse or certify such information. Erik’s Cause (including its employees and agents) is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information.
This Site (www.erikscause.org) is copyright protected. Nothing can be reposted from this site without express written permission from an authorized representative of Erik’s Cause. This includes writing, photographs, images, and downloads. Erik’s Cause® and Help Stop the Choking Game® are Registered Trademarks of Erik’s Cause, Inc. All Rights Reserved 2012. This policy is valid from April 1, 2014.
Data collected by this Site may be used internally by Erik’s Cause. Names or other personally identifiable information will not be published by Erik’s Cause except as it relates to its obvious intended use (a letter of endorsement, for example).
Information collected by Erik’s Cause may be used for purposes other than what it is obviously intended for and stated for. An example of this is using seminar or material requests to determine the level of topical interest in a given geographical area. Names or other personally identifiable information would not be used in this type of “data mining”.
We will not give, sell, trade, share or show any information provided to us by our visitors and users, to anyone outside of Erik’s Cause. (We will surrender information if we are compelled to do so by an authoritative court or government via subpoena or other legal form of compelling production.)
By using material on the Erik’s Cause Site you agree to the following:
- Content. You acknowledge that the Site contains information, photographs, audio and video clips, graphics, and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of either Erik’s Cause or third parties. Users of the Site may use the Content only for their or their own or their institution’s noncommercial use. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, unless you have secured prior, expressed written permission to do as the result of personally contacting Erik’s Cause, Inc. Nothing on this Site shall be construed as permission for use other than as outlined above.
- Content Posted on Other Sites. The Erik’s Cause Site may contain links to sites on the Internet which are owned and operated by third parties (“External Sites”). You acknowledge that Erik’s Cause is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Site. Erik’s Cause has not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which the Site links, and that link to the Site. Erik’s Cause does not have any control over other web sites and web pages, and is not responsible for their contents or their use. By linking to a web site or web page, Erik’s Cause does not represent or imply that it endorses such web site or web page. Erik’s Cause disclaims any responsibility for any harm resulting from your use of such web sites and web pages.
- Copyright Infringement. As Erik’s Cause asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Erik’s Cause in accordance with the Digital Millennium Copyright Act. Erik’s Cause will respond to all such notices, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of sites of Erik’s Cause or others, Erik’s Cause may, in its discretion, terminate or deny access to and use of the Site.
- Intellectual Property. This Agreement does not transfer from Erik’s Cause to you any intellectual property of Erik’s Cause or a third party, and all right, title and interest in and to such property will remain (as between the parties) solely with Erik’s Cause . All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Erik’s Cause's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Erik’s Cause or third-party trademarks.
- Changes. Erik’s Cause reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Erik’s Cause may also, in the future, offer new services and/or features through the Site, including the release of new material and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Erik’s Cause may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site.
- Disclaimer of Warranties. The Site is provided “as is.” Erik’s Cause hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Erik’s Cause makes no warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
- Limitation of Liability. In no event will Erik’s Cause, or employees, volunteers or agents, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data; under this agreement during the twelve (12) month period prior to the cause of action. Erik’s Cause shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding on-line conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Erik’s Cause, its officers, directors, employees, volunteers or agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement
Miscellaneous. This Agreement constitutes the entire agreement between Erik’s Cause and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Erik’s Cause, or by the posting by Erik’s Cause of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the English language and the arbitration decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Erik’s Cause may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Digital Millennium Copyright Act Notice
If you believe that content available by means of the Site (as defined in our Terms of Service above) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If Erik’s Cause takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Site infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices need to be sent to email@example.com as plain text emails without attachments and include the following or they will be deemed invalid:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Enjoy Learning Something, LLC to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a contributor of Content and access to portions of your Content have been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your Content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to firstname.lastname@example.org as plain text emails without attachments and include the following or they will be deemed invalid:
Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before disabling access; and
- A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.