THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING THE CHILDREN’S DEFENSE FUND WEBSITE. PLEASE READ THEM CAREFULLY.
Last updated: September 24, 2008
1. Acceptance of Terms. Children’s Defense Fund websites (including childrensdefense.org and cdfactioncouncil.org), including all site-related content and services (collectively, “Children’s Defense Fund Sites”) are provided by Children’s Defense Fund and/or Children’s Defense Fund Action Council (“CDF,” “we,” “us,” “CDFAC”). Your use of Children’s Defense Fund Sites are subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplement any additional guidelines or other terms posted by CDF or CDFAC in relation to specific site-related services or content. Although you can access and read portions of Children’s Defense Fund Sites by visiting the applicable site, you must register as a member to use certain Children’s Defense Fund Site features such as posting comments or videos.
Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to Children’s Defense Fund Sites (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Agreement. By using a Children’s Defense Fund Site, you agree to be bound by the version of the Terms of Use then in effect. CDF advises you to print and retain a copy of this Terms of Use in hard copy as a record. CDF or CDFAC may deny service to you at any time and in its sole discretion, including, in the event you do not adhere to the Terms of Use or any applicable submission guidelines.
2. About CDF; Purpose of Children’s Defense Fund. CDF is a nonpartisan, 501(c)(3) tax-exempt organization and is the affiliated advocacy organization of the Children’s Defense Fund Action Council, a 501(c)(4) tax-exempt organization.
CDF is a non-profit child advocacy organization that has worked relentlessly for 35 years to ensure a level playing field for all children. We champion policies and programs that lift children out of poverty; protect them from abuse and neglect; and ensure their access to health care, quality education, and a moral and spiritual foundation. Supported by foundation and corporate grants and individual donations, CDF advocates nationwide on behalf of children to ensure children are always a priority.
The Children’s Defense Fund’s Leave No Child Behind® mission is to ensure every child a Healthy Start, a Head Start, a Fair Start, a Safe Start, and a Moral Start in life and successful passage to adulthood with the help of caring families and communities.
3. Registering with a Children’s Defense Fund Site; Signing Up for Certain Features.
Registering with a Children’s Defense Fund Site. CDF and CDFAC welcome anyone to check out the Children’s Defense Fund Sites. But in order to post comments, upload videos, or provide any other user-generated content and various other content, we may require you to register with the site, creating an account and password.
If you register with a Children’s Defense Fund Site, you agree to provide and maintain accurate, current and complete information about yourself. As part of the registration process, you may be asked to select a username and password or one may be automatically provided for you (this can be changed at any time). You agree not to select a username that impersonates someone else or otherwise violates someone else’s rights. You are responsible for the confidentiality and use of your username and password and agree not to transfer your account to another party. If you become aware that your account is no longer secure, please and notify us and change your password.
Signing Up for Certain Site Features. We welcome both registered members and non-registered visitors to sign up to enter contests, participate in polls, or use certain other features made available through Children’s Defense Fund Sites from time to time. Whether or not you are registered with a Site, we may require you to provide your email address and or postal address to sign up for these features. Any contests, polls or other features requiring you to sign up may be governed by specific rules, which we will post for your review. By signing up for a particular feature, you become subject to the rules governing that feature.
4. Submissions. We welcome you to post ideas and views to Children’s Defense Fund Sites, subject to your agreement to comply with the Terms of Use. Please be aware that in order to operate Children’s Defense Fund Sites or redistribute materials you post to Children’s Defense Fund Sites or otherwise submit to us, we require certain rights in those materials. So, by posting to Children’s Defense Fund Sites or otherwise transmitting comments, pieces, ideas or other information (collectively, “Submissions”) to us, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any visitor of Children’s Defense Fund Sites to access, display, view, store and reproduce such Submissions for personal use.
You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content unless otherwise noted in the submission form. If we republish your content, we may provide authorship credit by listing your name as well.
Although CDF and CDFAC have no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: A) monitor the Submissions; B) alter, edit, or remove any Submission; or C) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.
5. Children’s Defense Fund Site Community Rules. Children’s Defense Fund Site forums are designed to encourage discussion on topics related to ideas, issues, politics, and activism. While Children’s Defense Fund Sites are centered on children’s issues and policies, we welcome a broad range of viewpoints. We have adopted the “Children’s Defense Fund Community Rules” set forth below to create a forum where information and views can be shared in a productive and civilized way. While using Children’s Defense Fund Sites, you agree to follow the Children’s Defense Fund Community Rules.
You agree to:
Respect other Members. Please do not threaten, abuse, intimidate or harass other Site users.
Use Children’s Defense Fund Sites for noncommercial use only. Posting entries solely to promote your own commercial ventures is not allowed.
You agree not to:
Post any content or provide links to any content that endorse or oppose a particular political party or candidate for office.
Post any private information or otherwise harvest, collect or disclose information, about another Children’s Defense Fund Site user without his or her express consent.
Post any content to a Children’s Defense Fund Site that is unlawful, racist, libelous, defamatory, obscene, or harasses particular individuals or groups.
Post any content to a Children’s Defense Fund Site that infringes any third-party’s intellectual property or other rights.
Use Children’s Defense Fund Sites for any unlawful purpose, or transmit or otherwise make available in connection with Children’s Defense Fund Sites any material that would give rise to criminal or civil liability.
Use Children’s Defense Fund Sites for advertisements, chain letters, “spamming,” survey solicitations, junk mail or solicitations. We are not free advertising.
Impersonate any person or entity, including any CDF employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Imply that CDF or CDFAC endorses any of your statements or positions.
Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to a Children’s Defense Fund Site, or otherwise “hack” or deface any portion of a Children’s Defense Fund Site.
Frame or mirror any part of a Children’s Defense Fund Site without our prior written authorization.
You acknowledge CDF has the right, but not the obligation, to modify or remove, any Submissions that violate Children’s Defense Fund Community Rules or that otherwise violate the Terms of Use.
6. CDF’s Proprietary Rights and Re-Use Policy. You acknowledge and agree that the information and materials presented on or through a Children’s Defense Fund Site will remain the property of CDF and/or CDFAC and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by CDF and CDFAC (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by CDF are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by CDF and CDFAC.
The trademarks, service marks, logos and trade names displayed on Children’s Defense Fund Sites (collectively the “Marks”) are the registered and unregistered trademarks of CDF and/or CDFAC, CDF’s licensors and suppliers, and others. All Marks on Children’s Defense Fund Sites not owned by CDF or CDFAC are the property of their respective owners. The Marks owned by CDF and/or CDFAC, whether registered or unregistered, may not be used in connection with any product or service that is not CDF’s or CDFAC’s.
General Re-Use Policy
You may copy reprint, publish, reproduce, or otherwise display materials created by CDF or CDFAC and made available through a Children’s Defense Fund Site (collectively, the “Children’s Defense Fund Works”) on the condition that you attribute those materials to CDF or CDF Action Council as applicable, and provide a link to the applicable CDF or CDFAC website (www.childrensdefense.org, http://www.cdfactioncouncil.org/, etc.). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its by-line, if applicable, under one of the following headings:
“This material [article] was created by the Children’s Defense Fund (or Children’s Defense Fund Action Council)” (online)
“This material [article] was created by the Children’s Defense Fund (or Children’s Defense Fund Action Council) (insert applicable website here)” (print)
You can usually tell that a work is a “Children’s Defense Fund Work” because it has a by-line, tagline or other attribution as such. “Children’s Defense Fund Works” do not include any materials posted on or through the site that do not include such an attribution (such as an AP photo, an article by an outside contributor, a music/audio file or a cartoon). If you are uncertain whether a work is a Children’s Defense Fund Work, please contact us. Please contact the author of works published on Children’s Defense Fund that are not Children’s Defense Fund Works for permission to re-use such works.
Limit on Use
Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by CDF or CDFAC.
You may not make any editorial changes to articles or materials without first receiving express permission from CDF or CDFAC. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.
If any of these terms are breached, we reserve the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.
7. Information Available on or Through Children’s Defense Fund Sites. Much information made available on or through Children’s Defense Fund Sites is provided by third parties (such as news services) or other Children’s Defense Fund Site visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on Children’s Defense Fund Sites does not indicate any approval or endorsement by CDF. CDF and CDFAC are not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
8. Links. The Children’s Defense Fund Sites provide links to other websites and resources. Because CDF has no control over these sites and resources, you acknowledge and agree that CDF and CDFAC do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CDF and CDFAC are providing these links to you only as a convenience. CDF and CDFAC have the right, but not the obligation to block links from or to Children’s Defense Fund Sites at any time.
9. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CDF and CDFAC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Children’s Defense Fund Sites should be sent to:
By Mail:
Children’s Defense Fund
ATTN: General Counsel
25 E St., NW
Washington, D.C. 20001
10. Privacy Policy. All information provided by you or collected by us during visits to a Children’s Defense Fund Site (including when you register or sign up to use certain features) is governed by CDF’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here.
Please be aware that if you decide to disclose personally identifiable information on forums open to other site visitors, this information may become public. CDF does not control the acts of other visitors to the Children’s Defense Fund Sites, so please be cautious when deciding to reveal personal information on a Children’s Defense Fund Site. If you believe a visitor is improperly collecting or using information about you or other users, please contact us at cdfweb@childrensdefense.org.
11. Jurisdictional Issues. The Site is controlled and operated by CDF from its principal office in the District of Columbia, U.S.A., and is not intended to subject CDF or CDFAC to the laws or jurisdiction of any other state, country or territory. Those who choose to access a Children’s Defense Fund Site do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.
12. Termination. You agree that CDF or CDFAC, in its sole discretion, may terminate your use of any Children’s Defense Fund Site or any part thereof, at any time and for any reason, including if CDF or CDFAC believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that CDF will not be liable to you or any third party for any termination of your access to any Children’s Defense Fund Site.
13. Disclaimers. THE CHILDREN’S DEFENSE FUND SITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CDF AND CDFAC DISCLAIM ALL WARRANTIES WITH RESPECT TO THE CHILDREN’S DEFENSE FUND SITES.
The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including Children’s Defense Fund Community Rules). Additionally, the possibility exists that a third party could make unauthorized alterations to Children’s Defense Fund Sites, Content or Services. Although we attempt to ensure the integrity of Children’s Defense Fund Sites, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which a Children’s Defense Fund Site’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the applicable Children’s Defense Fund Site, as well as information sufficient to enable us to contact you.
14. Limitation of Liability. NEITHER CDF, CDFAC NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE CHILDREN’S DEFENSE FUND SITES AND/OR MATERIALS CONTAINED ON SUCH SITES, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.
15. Indemnification. You agree to defend, indemnify and hold harmless CDF and CDFAC and our affiliates and their respective directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from A) your activities in connection with Campus Progress Action; B) any violation of these Terms of Use by you; or C) any allegation that any Submissions or other materials you submit to us or transmit to Campus Progress Action infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.
16. Miscellaneous. These Terms of Use is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to CDFAC, CDF or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The Children’s Defense Fund or CDFAC may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
17. Questions. If you have any questions or feedback about these Terms of Use or Campus Progress Action, feel free to contact us at cdfweb@childrensdefense.org or write to:
Children’s Defense Fund
25 E Street, NW
Washington, D.C. 20001