Sign up for our monthly newsletter, and win access to a special new story.
Enter your e-mail address below:
Enter your e-mail address below:
Last Revised August 16, 2010
1. Your Acceptance
Although we may attempt to notify you when major changes are made to this User Agreement, you should periodically review the most up-to-date version at http://www.freechildrenstories.com/useragreement. We may, in our sole discretion, modify this User Agreement at any time, and you agree to be bound by our modifications.
2. Freechildrenstories.com Web site
This User Agreement applies to all who access any feature of our Website, including those who contribute comments, stories, text, images, video content, or other materials or services on our Website.
Our Website includes User Submissions (as defined below) from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to the User Submissions. You might be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have against us related to User Submissions.
We may discontinue any part of our Website at any time.
3. Website Access
We grant you permission to use our Website in the manner provided in this User Agreement. Your permission to use our Website is conditioned on you accepting and abiding by each provision in this User Agreement and all applicable law.
To access some features of our Website, you will have to create a Freechildrenstories.com account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
We will not be liable to you for losses caused by any unauthorized use of your account, but you may be liable to us for losses incurred by us or others because of unauthorized use of your account.
4. Restrictions on Use of our Website
· You shall not any part of our Website, including any User Submissions (defined below), distribute in any medium without our written authorization.
· You shall not alter any part of our Website.
· You shall not access our Website by any means other than the pages of our Website itself or by other means that we expressly authorize.
· You shall not use our Website for any commercial purpose without our express written authorization. Prohibited commercial uses do not include linking to any page of our Website. Prohibited commercial uses include any of the following actions taken without our express written authorization:
° selling access to our Website on another Web site;
° using our Website for the primary purpose of gaining advertising or subscription revenue;
° selling advertising, on our Website or any other Web site, targeted to specific content of our Website; and
° any use of our Website that we, in our sole discretion, find uses our Website’s resources or User Submissions with the effect of competing with or displacing the market for our Website, including the User Submissions.
· You shall not use or launch any automated system (sometimes called “robots,” “spiders,” or “offline readers”) that accesses our Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; except we grant the operators of public search engines permission to use automated systems to copy materials from our Website solely as necessary to create publicly available searchable indices of the content of our Website, but not caches or archives of this content.
· You shall not collect any personally identifiable information, including account names, from our Website, and you do not use the communication systems provided by our Website (e.g. comments, email) for commercial solicitations.
· You shall not interfere with security-related features of our Website or features that restrict use or copying of any content.
5. Intellectual Property Rights
This content displayed on our Website, except for User Submissions (as defined below), is owned by or licensed to us, subject to copyright and other intellectual property rights under the law. The content displayed on our Website is provided for your personal use only. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the content displayed on our Website for any other purpose without the content owner’s written consent. We reserve all rights to our Website and the content displayed on our Website that are not expressly granted by this User Agreement.
We do not permit infringement of intellectual property rights on our Website, and we will remove any content, including User Submissions (as defined below) if properly notified that the content or User Submission infringes on another’s intellectual property rights.
If you save or print a content from our Website for personal use, you must retain all copyright and other proprietary notices contained therein.
6. User Submissions
You may submit original stories and illustrations (collectively “User Stories”) and textual comments (“User Comments”). User Stories and User Comments are collectively referred to as “User Submissions.” Whether or not we publish your User Submission, we do not guarantee any confidentiality for User Submissions.
You are solely responsible for your User Submissions and the consequences of posting or publishing them. You have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, and other proprietary rights in your User Submissions in the manner contemplated by our Website and this User Agreement.
You retain ownership rights in your User Submissions. By submitting User Submissions to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with our Website and our (and our successors’ and affiliates’) business, including without promoting and redistributing part or all of the our Website (and derivative works thereof) in any media format and through any media channel. You also hereby grant each user of our Website a non-exclusive license to access your User Submissions through our Website, and to use, reproduce, distribute, display, and perform your User Submissions in the manner permitted through the functionality of our Website and under this User Agreement. The licenses granted by you in your User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from our Website. We may retain, but not display, distribute, or perform, server copies of User Submissions that you have removed or deleted from our Website. The above licenses granted by you in User Submissions are perpetual and irrevocable.
You shall not include material in your User Submissions that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own these rights or have permission from the rightful owner to publish the material on our Website and to license the material to us in accordance with this User Agreement.
You shall not include material in a User Submission that is defamatory, threatening, harassing, sexually explicit, obscene, racially or ethnically offensive, or otherwise unlawful or that encourages criminal, tortuous, unlawful, or inappropriate behavior.
You shall not impersonate another person in a User Submission.
You shall not include advertisements or solicitations in your User Submissions.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed in a User Submission. We expressly disclaim any liability related to User Submissions.
We may remove your User Submissions without notice.
7. Account Termination Policy
We will terminate your account with our Website if we determine in appropriate circumstances that you are a repeat copyright infringer.
We may terminate your account with our Website at our discretion and without notice if we determine that you have violated any provision of this User Agreement.
8. Digital Millennium Copyright Act
If you are a copyright owner or a copyright owner’s agent and believe that any User Submission or other content on our Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: [Daniel Errico]. Only DMCA notices should go to the Copyright Agent; any other communication should be directed to us at [firstname.lastname@example.org];
9. Warranty Disclaimer
You use our Website at your risk.
We provide our Website to you as is.
We disclaim all express and implied warranties regarding our Website and your use of our Website, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
We make no representations regarding about the accuracy or completeness of our Website’s content or the content of any sites linked to this site.
We assume no liability or responsibility for any (a) error or omission in the content accessible through our Website, (b) personal injury or property damage resulting from your access to and use of our Website, (c) unauthorized access to or use of our secure servers or the personal or financial information stored on our secure servers, (d) interruption or cessation of access to our Website, or (iv) bug, virus, Trojan horse, or other malicious software that is transmitted to or through our Website by a third party.
We do endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Website or any Website linked or featured in any advertising featured on our Website.
We are not party to or responsible for monitoring transactions between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
10. Limitation of Liability
We are not liable to you under any circumstances for any direct, indirect, incidental, special, punitive, or consequential damages related to our Website or your use of our Website. This limitation on our liability applies (a) whether you bring an action against us based on contract, tort, strict liability, or any other legal theory, (b) whether or not we are advised of the possibility of such damages, and (c) to the fullest extent permitted by law.
You waive all claims against us related to User Submissions on our Website and to the defamatory, offensive, or illegal conduct of any third party.
Our Website is controlled and offered by us from the United States of America. We do not represent that our Website is appropriate or available for use in other locations. If you access our Website from outside the United States of America, you do so at your risk and you are responsible for compliance with the laws of your jurisdiction.
You shall indemnify us against all claims related to your use of our Website—including tort claims and claims that relate to the our negligence—and against all attorney’s fees related to these claims. This indemnification obligation will survive this User Agreement and your use of the our Website.
12. Ability to Accept User Agreement
You are at least 18 years old, an emancipated minor, or have your parent’s or legal guardian’s consent to parental or guardian consent to be bound by this User Agreement.Â You are in all other ways competent to agree to and abide by this User Agreement.
You shall not assign your rights or obligations under this User Agreement. We may assign our rights and obligations under this User Agreement, including the licenses granted by you without restriction.
Our Website is to be deemed based in New Jersey. Our Website is to be deemed a passive Web site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New Jersey.
This User Agreement is governed by laws of New Jersey, without respect to its conflict of laws principles. You consent to the exclusive jurisdiction of the federal and state courts located in New Jersey for any legal action or proceeding related to this agreement. You waive the right to object to any state or federal court in New Jersey as the proper and convenient venue for a legal action or proceeding related to this agreement.
ANY CAUSE OF ACTION RELATED TO OUR WEBSITE MUST BE COMMENCED NO LATER THAN 12 MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.