Communications from Youth INC
Third Party Links
• you do not in any way imply, without Youth INC’s express prior written approval, that we are endorsing any services or products;
• you do not misrepresent your relationship with us or present any false information about us;
• you do not link from a Site that is not owned by you;
• the linking does not contain content that may, as determined in our sole discretion, be offensive or controversial, infringe any rights of any other person or violate any applicable local, state, national or international law; and
• you promptly remove any link to our site upon receiving a written request to do so from Youth INC
If you choose to link to our Site in breach of the Terms, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
To the fullest extent permitted by law, and in connection with your use of this Site, you agree to defend, indemnify, and hold harmless Youth, INC and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Youth, I.N.C. and its successors and affiliates (collectively, “Claims”) that may arise in connection with (1) your use of the Site, (2) your non-compliance with these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website linked to the Site, (5) your violation of these Terms, (6) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or (7) the infringement by you of any right of any person or entity. This indemnification provision shall apply to third party claims as well as claims between the parties to these Terms. Youth, INC reserves the right to participate, at its own expense, in the investigation, settlement and defense of any such Claims.
The content of the Site, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the “Content”) you may view on this Site or access through this Site, including trademarks, service marks and logos, are the property of Youth INC or third party licensees and are protected by copyright and other intellectual property rights under both United States and foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without Youth INC’s and/or the other respective owner’s prior written permission, except as expressly permitted on the Site. You are permitted to access and use the Content though the provided functionality of the Site for personal non-commercial uses only, provided that: (a) any such uses are not competitive with or derogatory to the Site, and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish Site Content elsewhere. The trademarks, service marks and logos contained on the Site may not be used in any manner that is likely to discredit Youth INC or cause confusion among users. Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark, such omission does not constitute a waiver of any intellectual property rights that Youth INC has established in any of its products, features, service names or logos.
Assignment and Severability
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms shall remain in full force and effect.
We make no representations that the content or the Site is appropriate or that it may be used or downloaded outside of the United States. Access to the Site and/or content may not be legal in certain countries outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.
The Site, its content and these Terms shall be construed and interpreted under the laws of the State of New York (the location of our legal representation) without regard to its conflict of law provisions. You and Youth INC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located therein, including, without limitation, for any claim involving Youth INC or its affiliates.
The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms and have no legal or contractual effect. The failure of Youth INC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THIS SITE AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUTH, I.N.C., ITS SUCCESSORS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, COMPLETENESS, AVAILABILITY FOR USE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OBTAINED FROM YOUTH INC OR THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THIS SITE SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF YOUTH, I.N.C. AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL YOUTH INC OR ITS SUCCESSORS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES, OR YOUR USE OF OR INABILITY TO USE THIS SITE. FURTHERMORE, YOUTH INC AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES LINKED TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF YOUTH INC WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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