TERMS AND CONDITIONS OF USE
Last
updated March 13, 2006
Welcome to
the MOUSE web site ("Site").
These Terms
of Use set forth the conditions for your use of this Site. Please read these Terms of Use
carefully. By using this Site, you agree
to be legally bound by and comply with them.
If you are under eighteen, then you and your parent or legal guardian
acting on your behalf are deemed to have consented to these Terms of Use when
you use our Site. If you do not agree to
comply with these Terms of Use, you are not authorized to use this Site.
MOUSE Inc.
("MOUSE," "we" or "us") may
modify these Terms of Use in the future, so please check this page
regularly. If you continue to use the
Site after we post a change, we understand that you agree to the new terms.
Copyright
Our Site
and all its content, such as text, photographs, graphics, logos, button icons,
images and software is owned by or licensed to MOUSE and is protected by United
States and international copyright and other intellectual-property laws. The text materials contained in this Site may
not be modified or altered in any way.
You may
copy or distribute the text materials contained in this Site, but only (i) to
participate in or operate any MOUSE program in your school or school district,
(ii) if you include all trademark, copyright, and other proprietary rights
notices in the same form in which the notices appear on our Site, and (iii) you
do not modify or alter the text materials or proprietary notices in any way.
You may not
copy or distribute any photograph, illustration, artwork or other graphic
material contained on this Site for any use without first obtaining the
permission of MOUSE (at info@mouse.org or the address and numbers listed
below) and the copyright owner.
Except for the
foregoing, you may not copy, distribute, transmit, display, modify, create
derivative works from, enter into a database, or in any way exploit any
existing part of our Site, including computer programs and other coding.
Trademarks
MOUSE and
other indicators of source that MOUSE uses on the Site are owned by MOUSE
("Our Trademarks"). Our
Site also contains the trademarks and service marks of other organizations
(each, a "Third-Party Trademark"). You may not use Our Trademarks or any
Third-Party Trademark in any manner without our or such third-party’s,
respectively, permission. In addition,
you may not use Our Trademarks or any Third-Party Trademark in any manner that
disparages or discredits MOUSE or the owner of the Third-Party Trademark.
Anonymous Information
We may
collect information about Site users that is not associated with any
information that identifies you to help us evaluate how the Site is used, to
facilitate use of the Site, to analyze user interests, and for
system-administration purposes. This
type of information includes the user's IP address, browser type, and Site
usage data, such as what pages are visited and time intervals between Site
visits and individual web page visits within the Site ("Anonymous
Information").
MOUSE collects
Anonymous Information by using "cookies." A cookie is a string of information that is
sent by a web site and stored temporarily in your computer's memory. Although you are not required to accept the
use of cookies, your participation in the Site will be easier if you have not
disabled the cookie technology on your browser.
Donations
Donations
to MOUSE through the Site are managed by a separate website, nycharities.org,
which is an online clearinghouse for
Linking to Our Site
MOUSE
grants you a limited, non-exclusive, revocable, non-transferable license to
download the MOUSE name and Our Trademarks (collectively, the "MOUSE
Links") from our Site solely for the purpose of linking to the home
page of our Site. You agree not to
alter the MOUSE Links in any way or to portray MOUSE on your site in a false or
misleading light. You also agree not to
use the MOUSE Links on a web site with content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal or otherwise objectionable, or that would constitute or
encourage a criminal offense, violate the rights of any party, or otherwise
give rise to liability or violate any law.
You understand that MOUSE has not authorized, sponsored, endorsed, or
approved your web site or your organization and its activities and agree that
the MOUSE Links will not be used in any manner that would falsely convey
MOUSE's sponsorship, endorsement or approval.
You also agree that you acquire no rights in the MOUSE Links as the
result of your authorized use of them.
MOUSE reserves all proprietary rights in the MOUSE Links and Our
Trademarks.
Links to Other Web Sites
We may make
content or services from other web sites available to you from links located on
our Site. When you click on these links,
you are leaving our Site for others that are governed by their own terms of
use. Please read the terms of use of
third-party sites that you visit. We
have no control over these sites or their content. Except for information or services identified
as being supplied by MOUSE, we do not review, operate, or control any material,
information, products or services on third-party sites. As we are not responsible for and cannot
control these third-party sites or their content, please direct any concerns
regarding such linked sites to their administrator or webmaster.
Disclaimers
Our Site is
available on an "as is" basis.
We do not warrant that the Site will be uninterrupted or
error-free. There may be delays,
omissions, interruptions and inaccuracies in materials available through our
Site. We do not make any representations
or warranties about the accuracy, completeness, timeliness or reliability of
any statement or information displayed or distributed on the Site or available
through links on the Site. We reserve
the right to correct any errors or omissions in the Site. If you rely on our Site and any materials available
through it, you do so solely at your own risk.
To the
maximum extent permitted under law, we deny all express or implied warranties
with respect to the Site or any information that is available through the Site,
including without limitation fitness for a particular purpose.
Although we
intend to take reasonable steps to prevent the introduction of destructive
materials to our Site, such as viruses, worms, and "trojan horses,"
we do not guarantee or warrant that our Site or materials that may be
downloaded from our Site are free from such destructive features. We will not be liable for any damages or harm
attributable to such features.
Limitation of Liability
We and our
officers, directors, and employees (the “MOUSE Parties”) will not be
liable for any claim, loss or injury based on errors, omissions, interruptions
or inaccuracies in our Site, nor will the MOUSE Parties be liable for any
claim, loss or injury that results from your breach of any provision in these
Terms of Use.
We will not
be liable for any direct, indirect, incidental, consequential, special,
punitive, or exemplary damages (including lost revenues or profits, loss of
business, or loss of data) arising out of or in connection with our Site, Site
services, Site materials, or these Terms of Use, regardless of whether such
liability is based in tort, contract or otherwise, in each case to the extent
permitted by applicable law.
Indemnification
You agree
to indemnify any MOUSE Party against all losses, expenses, damages and costs,
including reasonable attorneys' fees and expenses, any MOUSE Party incurs as a
result of your violation of these Terms of Use.
We have the right, but not the obligation, to take over the exclusive
defense of any claim for which any MOUSE Party is entitled to indemnification
from you. You agree to cooperate with
us, following our reasonable request, in connection therewith.
Termination
We reserve
the right to terminate the Site and these Terms of Use at any time, without
notice, for any reason, including your violation of any of the provisions of
the Terms of Use. The “Limitation of
Liability” and “Governing Law” sections of these Terms of Use, and the
restrictions imposed on you with respect to material you download from the Site
survive any such termination, as does your license to MOUSE of any content you
provide to us on the Site.
Governing Law
These Terms
of Use are governed by the laws of the State of
Forum Selection
You agree
that any claim or dispute arising out of or relating to your use of the Site
and these Terms of Use will be brought exclusively in the state or federal
courts sitting in the State and
Severability
If any
provision of these Terms of Use is deemed unlawful, void or for any reason
unenforceable, then that provision will be considered severed and will not
affect the validity and enforceability of any remaining provisions.
Contact
Please
contact MOUSE at info@mouse.org or at the address and numbers listed
below with inquiries about our Site.
MOUSE Inc.
TEL: (212)
920-3665
http://www.mousesquad.org