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Terms and Conditions of Service

Terms and Conditions of Service

Introduction

Last revised May 16, 2011.

Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you share your personal 9/11 story with Finding One Another at www.tailsofhopefoundation.org.

By sharing your experience with Finding One Another, you agree to be bound by these Terms, which apply to all contributors to the Finding One Another Project (the “Project”).

Provisions Applicable to all Contributors

  1. Operator

    2. This project is spearheaded by the Tails of Hope Foundation, Inc., a New York based non-profit dedicated to advancing the fields of veterinary and human medicine through a comparative medicine approach focusing on eradicating cancer and other life-threatening diseases affecting companion animals and people that can be reached at P.O. Box 867, Pearl River, NY 10965, (845) 926-3478.

    Contributions to this project shall also be made by its “Contributors” as defined herein. These Contributors shall include, but otherwise not be limited to, (i) any person or entity submitting any historical data for inclusion in the Project, such as pictures, stories, narratives, or other forms of audiovisual recordings, etc.; Contributions to this project shall also be made by its “Contributors” as defined herein. These Contributors shall include, but otherwise not be limited to, (i) any person or entity submitting any historical data for inclusion in the Project, such as pictures, stories, narratives, or other forms of audiovisual recordings, etc.; (ii) the Tails of Hope Foundation Advisory Board (including the respective organizations of each such board member); and (iii) the partners, associates, and affiliates that have been engaged to assist the Tails of Hope Foundation in facilitating the Project. Collectively, these parties are referred to herein as “Operators of the Project.” Any contributions made to the Project shall constitute an irrevocable, worldwide, royalty-free license to Tails of Hope Foundation, Inc., to utilize all contributed material, at its sole discretion, pursuant to the terms and conditions listed herein. Upon receipt of a contribution, the Tails of Hope Foundation, Inc. shall expressly retain full rights and title to grant non-exclusive, revocable sub-licenses to the Operators of the Project as well as any other third-party it deems necessary to assist the Project.

    Collectively, these parties are referred to herein as “Operators of the Project.” Any contributions made to the Project shall constitute an irrevocable, worldwide, royalty-free license to Tails of Hope Foundation, Inc., to utilize all contributed material, at its sole discretion, pursuant to the terms and conditions listed herein. Upon receipt of a contribution, the Tails of Hope Foundation, Inc. shall expressly retain full rights and title to grant non-exclusive, revocable sub-licenses to the Operators of the Project as well as any other third-party it deems necessary to assist the Project.

    Operators of the Project are also referred to in these Terms as “we” and “us.”

  2. Purpose of the Project

    3. The purpose of the Project is to gather historical data, including contributions in the form of pictures and stories from Contributors, relating to the valiant efforts and sacrifices that were made by of all of the SAR, Veterinarians, VMATS, therapy and other human-canine teams during and after the terrorist attacks of September 11, 2001 at the remains of the World Trade Center, Freshkills Landfill, the Pentagon, and in the fields of Pennsylvania. The data is to be kept and archived so that it may be available for generations to come.

    The archived copies of the historic registry may be preserved, among others, at:

    • The Finding One Another website at www.tailsofhopefoundation.org;
    • The National September 11 Memorial & Museum in New York City;
    • University of Pennsylvania School of Veterinary Medicine in Philadelphia International Working Dog Program;
    • American Veterinary Medical Association (AVMA);
    • The 10th anniversary edition of Dog Heroes of September 11th, By Nona Kilgore Bauer, Kennel Club Books; and
    • Photography and Artifact Exhibit at the Palisades Center Mall, West Nyack, NY August, 2011 (on display through September 2011).

  3. Trademarks

    4. All brand, product and service names used in this Project which identify Finding One Another, the Operators of this Project, or third parties and their products and services are proprietary marks of the Tails of Hope Foundation, Inc., the Operators of this Project, and/or third parties. Nothing in this Project shall be deemed to confer on any person any license or right on the part of the Tails of Hope Foundation, Inc., the Operators of this Project or any third party with respect to any such image, logo, or name.

  4. Copyright

    5. All copyright in the material contained on this website is owned by the Tails of Hope Foundation, Inc., unless stated otherwise. All rights reserved. Reproduction of part or all of the contents in any form is prohibited. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means).

    Any contributions made to the Project shall constitute an irrevocable, worldwide, royalty-free license to the Tails of Hope Foundation, Inc. to utilize all contributed material pursuant to the terms and conditions listed herein.

  5. Reporting Violations of Your Copyrights

    6. If you believe the copyright in your work has been violated through this Project, please contact Finding One Another for notice of claims of copyright infringement, who can be reached at P.O. Box 867, Pearl River, NY 10965, (845) 926-3478, info@tailsofhopefoundation.org. You must provide us with the following information, which Finding One Another may then forward to the alleged infringer:

    1. identify the material on the Project that you believe infringes your work, with enough detail so that we may locate it on the website;
    2. provide your address, telephone number and email address;
    3. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
    5. provide your physical or electronic signature. Upon receiving your complaint, Finding One Another may remove content that you believe infringes your copyright.

  6. External Links

    7. From time to time Finding One Another may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that neither the Tails of Hope Foundation, Inc., nor any of its licensees, are liable for any loss or damage that you may suffer by using other websites.

  7. Amendment of the Terms

    8. We reserve the right to amend these Terms from time to time. If you have registered as a Contributor, it is incumbent upon you to periodically review these Terms & Conditions of Service. Upon written request, we shall notify you of any material changes to these Terms by email. If you continue to contribute to the Project once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

  8. Applicable Law and Jurisdiction

    9. These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.

  9. Disclaimer of Warranty and Limitation of Liability

    10. THE PROJECT, THE TAILS OF HOPE FOUNDATION, INC., FINDING ONE ANOTHER’S SITES, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FINDING ONE ANOTHER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS PROJECT. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE PROJECT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.

    YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO FINDING ONE ANOTHER, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE PROJECT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

    TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE FINDING ONE ANOTHER’S SITE OR THE PROJECT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE PROJECT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE PROJECT OR PRODUCTS OFFERED ON THE SITE, EVEN IF THE TAILS OF HOPE FOUNDATION, INC. OR FINDING ONE ANOTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FINDING ONE ANOTHER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.

  10. Conduct

    11. You agree not to use the Project:

    1. for any unlawful purposes;
    2. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
    3. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to the Tails of Hope Foundation, Inc., Finding One Another, and/or The Operators of the Project;
    4. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Project;
    5. to attempt to upload images by any method to another user’s account without permission;
    6. to upload, post, email or otherwise transmit any material which is likely to cause harm to the Tails of Hope Foundation, Inc., Finding One Another, or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Project which may cause any defect, error, malfunction or corruption to the Project;
    7. for any commercial purpose; or
    8. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity.

    You further agree that you shall not:

    1. interfere with or disrupt (or attempt to interfere with or disrupt) this Project or servers or networks connected to this Project, or to disobey any requirements, procedures, policies or regulations of networks connected to this Project;
    2. provide any information to Finding One Another that is false or misleading;
    3. provide any information to Finding One Another that misrepresents actual events and persons participating therein (or your or knowledge or affiliation pursuant thereto);
    4. provide any information to Finding One Another that is false or misleading that attempts to conceal your identity or that you do not have the right to disclose; or
    5. re-sell the Project or any portion of the Project.

  11. Contributor Warrant and Affirmation

    12. By submitting material to the Project, you, as a Contributor, warrant and affirm under penalty of perjury that, to the best of your knowledge, all material submitted is a true and correct recital of actual events by a person or persons who participated therein and does not otherwise represent the experiences of any third party or otherwise infringe any rights of any third party.

  12. Indemnification

    13. You understand and agree that you are personally responsible for your behavior in connection with the Project. You agree to indemnify, defend, and hold harmless the Tails of Hope Foundation, Inc., Finding One Another, the Operators of the Project, their and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Project from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Project, (b) use or misuse of the Project by you or any other person who accesses the Project using your account, (c) any violation of these Terms of Project or (d) any violation of any rights of a third party.

  13. General

    14. These Terms constitute the entire agreement between the Tails of Hope Foundation, Inc. and you with respect to your use of the Project. Any failure of the Tails of Hope Foundation to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

  14. Comments

    15. If you have any comments or questions about the Project, please contact us at P.O. 867, Pearl River, NY 10965, (845) 926-3478, info@tailsofhopefoundation.org.

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