1. Acceptance of Terms
Welcome to the Youth Media Exchange! Youth Media Exchange, or ymex.org, provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.ymex.org/about/tos.html. In addition, when using particular Youth Media Exchange services, you and Youth Media Exchange shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of Service
Youth Media Exchange currently provides users with access to a rich collection of resources, including various communications tools, databases of information, collections of expressions, forums, and content through its web site(s) (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Youth Media Exchange sites and features, shall be subject to the TOS.
3. Your obligations as a member
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Youth Media Exchange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Youth Media Exchange has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Member account, password, and security
You select a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Youth Media Exchange of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Youth Media Exchange cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Youth Media Exchange, TakingITGlobal, Global Kids or the Asia Society, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Youth Media Exchange has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Youth Media Exchange be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm other members in any way;
- impersonate any person or entity, including, but not limited to, a Youth Media Exchange staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge and agree that Youth Media Exchange may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Youth Media Exchange, our members and the public.
6. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. Materials submitted or made available for inclusion on the service
Youth Media Exchange does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Youth Media Exchange the following world-wide, royalty free and non-exclusive license, as applicable:
* With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold Youth Media Exchange, TakingITGlobal, Global Kids, the Asia Society, and their affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Youth Media Exchange has no control over such sites and resources, you acknowledge and agree that Youth Media Exchange is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Youth Media Exchange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. General Information
These Terms of Service constitute the entire agreement between you and Youth Media Exchange, and govern your use of the Service, superceding any prior agreements between you and Youth Media Exchange. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Youth Media Exchange shall be governed by the laws of the Province of Ontario. You and Youth Media Exchange agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Youth Media Exchange to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
11. Modifications to Service
Youth Media Exchange reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Youth Media Exchange shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Youth Media Exchange, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Youth Media Exchange believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Youth Media Exchange may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Youth Media Exchange may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that Youth Media Exchange shall not be liable to you or any third-party for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUTH MEDIA EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- YOUTH MEDIA EXCHANGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUTH MEDIA EXCHANGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUTH MEDIA EXCHANGE, TAKINGITGLOBAL, GLOBAL KIDS AND THE ASIA SOCIETY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOUTH MEDIA EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Please report any violations of the TOS to us.
By visiting our site at www.ymex.org, you are accepting the practices described in this privacy notice.
2. Information Collection and Use
TakingITGlobal collects personally identifiable information when you register as a TakingITGlobal/Youth Media Exchange member.
When you register with TakingITGlobal/Youth Media Exchange, we ask for your name, e-mail address, city, state/province, and country, as well as other optional information. Once you register with TakingITGlobal/Youth Media Exchange and sign in to our services, you are not anonymous to us.
TakingITGlobal also automatically receives and records information on our server logs from your browser including your IP address, TakingITGlobal/Youth Media Exchange cookie information and the page you requested.
Member passwords are never divulged except to members directly upon verification, and members can also hide their name from their profile if they wish. All information is kept in databases on our servers. We do not keep any hard copies of our member information in our office.
TakingITGlobal uses information for three general purposes: to customize the information/content you see, to fulfill your requests for certain services, and to contact you when you request it.
We protect against loss of information by having regular backups of data. We keep up with current standards to protect against theft of data, and regularly apply security updates and patches to ensure we are using the latest software available to protect our servers.
3. Information Sharing and Disclosure
TakingITGlobal will not sell or rent your personally identifiable information to anyone.
TakingITGlobal may send personally identifiable information about you to other companies or people when:
- We have your consent to share the information;
- We are operating a web site in partnership with them (in the case of Youth Media Exchange: Global Kids and the Asia Society) and they wish to contact their members;
- We need to share your information to provide the product or service you have requested;
- We respond to subpoenas, court orders or legal process; or
- We find that your actions on our web sites violate the our Terms of Service or any of our usage guidelines for specific services.
TakingITGlobal may set and access TakingITGlobal/Youth Media Exchange cookies on your computer, used to identify your member account and to allow for the proper functioning of the TakingITGlobal web site and accompanying services.
5. Editing your Information and Preferences
As a member, TakingITGlobal gives you the ability to edit your Information and Preferences at any time, including whether you want TakingITGlobal/Youth Media Exchange to send you correspondance.
TakingITGlobal may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting an announcement as a rotating spotlight and/or similar method on our home page.
7. Personal Information Protection and Electronic Documents Act (PIPEDA)
In compliance with Canadian Law, if you have any questions, comments or complaints about how we use your information, please contact our Privacy Officer.
Contact: Hugh Switzer, Privacy Officer
Via lettermail: 19 Duncan Street, Toronto, Ontario, M5H 3H1, Canada
Via telephone: +1 (416) 977 9363
Via email: email@example.com