The Memorial Day Foundation

TERMS OF SERVICE FOR THE MEMORIAL DAY FOUNDATION WEBSITES

WELCOME TO THE MEMORIAL DAY FOUNDATION.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE SUBMITTING CONTENT TO THE MEMORIAL DAY FOUNDATION (the “Foundation”) BECAUSE THEY REPRESENT YOUR LEGALLY BINDING AGREEMENT WITH THE FOUNDATION REGARDING YOUR SUBMISSION OF CONTENT TO THE FOUNDATION, EITHER DIRECTLY OR THROUGH THE FOUNDATION’S WEBSITE MEMORIALDAYFOUNDATION.ORG, INCLUDING THE NATIONAL WAR MEMORIAL REGISTRY (the “Foundation’s Websites”)

I. Applicability

These Terms of Service apply to all users of the Foundation’s Websites, including users who submit Content to the Foundation’s Websites. “Content” is defined herein as any and all material and media you submit to the Foundation, including without limitation images, photographs, video, audiovisual combinations, graphics, visual effects, writings, spoken statements, sounds, music, interactive features, and all other information about your submission including personal information such as your name.

II. Your Use of the Foundation’s Websites

You agree:

(1) The Foundation may publish and display the Content on the Foundation’s websites and make all other uses described below.

(2) The Foundation has no obligation to post your Content and reserves the right to remove it at its sole discretion.

(3) The Foundation does not guarantee any confidentiality with respect to any Content you submit.

(4) You will not use the Foundation’s Websites for any unlawful purpose.

(5) You will not use or launch any automated system, including without limitation, “robots” and “spiders” on the Foundation’s websites.

(6) You will not violate the copyrights, trademarks, trade secrets, patents, rights of privacy and publicity, or other proprietary rights of any third party.

(7) You will provide the Foundation with a valid and active email address, and your real name.

(8) You are solely responsible for your submissions of Content and for any consequences resulting from your submission of Content to the Foundation’s Websites.

III. Review and Removal of Content

The Foundation may review all submissions for compliance with the Foundation’s Terms of Service and Copyright Policy. The Foundation may at any time, without prior notice to you, and in its sole discretion, remove your Content from the Foundation’s Websites.

IV. Copyright Policy

The Foundation respects the intellectual property of others, and users of the Foundation’s Websites must do the same. Each user is responsible for ensuring that the Content they upload to the Foundation’s Websites does not infringe any third party copyright or other intellectual property rights.

The Foundation will promptly remove Content from the Foundation’s Websites in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the Content infringes a third party's copyright. In addition, the Foundation may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any).
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where on the Foundation’s Websites the Content that you claim is infringing may be found, sufficient for the Foundation to locate the material (e.g., the URL).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. Your electronic or physical signature.

You may submit this information to the Foundation’s registered copyright agent, Mary A. Donovan (This email address is being protected from spambots. You need JavaScript enabled to view it.)

V. Representations and Warranties

You represent and warrant that you own or are lawfully licensed or otherwise have secured the right and permission to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and publish the Content you submit to the Foundation. You represent and warrant that you have provided your true and correct name to the Foundation in connection with any Content you submit. You further represent and warrant that the Content you submit to the Foundation will not contain third party copyrighted material, trademarks, trade secrets or proprietary rights of any third party unless you have a license or otherwise have secured permission from the rightful owner to use the material in your Content.

VI. License

By submitting Content to the Foundation’s Websites you grant the Foundation a worldwide, irrevocable, royalty-free, non-exclusive license, including without limitation any license or permission from third parties, to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and publish the Content, in any form, medium, or technology now known or later developed for any purpose deemed acceptable by the Foundation.

VII. Indemnification

You agree to hold harmless, defend, and indemnify the Foundation, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives from and against any and all claims arising from or in any way related to your use of the Foundation’s Websites and submission of Content to the Foundation’s Websites, including without limitation, any liabilities, expenses, obligations, damages, losses, costs, debts and attorneys’ fees, of every kind and nature. This indemnification obligation will survive these Terms of Service and your use of the Foundation’s Websites.

VIII. Disclaimer of Warranty

You acknowledge and agree that your use of the Foundation’s Websites shall be at your own risk. THE FOUNDATION, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS SERVICES AND YOUR USE THEREOF. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHETHER RELATING IN ANY WAY TO THE CONDITION, QUALITY, UTILITY OR ANY OTHER MATTER REGARDING THE FOUNDATION’S WEBSITES OR YOUR USE THEREOF AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FOUNDATION’S WEBSITES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FOUNDATION’S WEBSITES OR BY ANY THIRD PARTY.

IX. Limitation of Liability

THE FOUNDATION, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR DAMAGES UNDER ANY FORM OF ACTION WHATSOEVER RELATED TO YOUR USE OF THE FOUNDATION’S WEBSITES. THE FOUNDATION SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FOUNDATION’S WEBSITES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FOUNDATION’S WEBSITES OR BY ANY THIRD PARTY BASED ON ANY LEGAL THEORY WHATSOEVER, AND WHETHER OR NOT INFORMED OF THE POSSIBILITY OF SAME AND WHETHER OR NOT OTHER AVAILABLE REMEDIES FAIL TO ACHIEVE THEIR ESSENTIAL PURPOSE.

X. Modifications

The Foundation may, in its sole discretion, modify and revise these Terms of Service at any time by posting such changes on its website (you will not receive a separate notification of any changes). It is your responsibility to review these Terms of Service for any changes and your continued use of the Foundation’s Websites after any modifications or revisions signifies your acceptance of these Terms of Service as modified.

XI. General

The Foundation may terminate this Agreement with you and your right to use the Foundation’s Websites at any time without notice to you. These Terms of Service shall be governed by the laws of the State of New York and you agree to submit to jurisdiction in the State of New York. These Terms of Service and any other legal notices published on the Foundation’s websites shall constitute the entire agreement between you and the Foundation concerning the use of the Foundation’s Websites. If any provision of these Terms of Service is deemed invalid by a court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service which shall remain in full force and effect. No waiver of any provision of any term of these Terms of Service shall be deemed a further or continuing waiver of such term of any other term.