Terms of Use

Terms of Use

As of July 10, 2007

This policy may be changed at any time, please review it regularly.

The www.the8ighty4our.org website is a youth tobacco prevention and advocacy website directed primarily at young adults aged 13 - 19 ("the84.org" or "Website"). The Website is a project of Health Resources in Action, a Massachusetts charitable nonprofit corporation ( "HRiA" or "we" or "us"), which manages The 84. The 84 and the Website are funded by the Massachusetts Department of Public Health, which holds all rights to the program and website.

The target audience of this Website is young people ages 13-19. Youth under the age of 13 may view and use the information on the Website for educational purposes as a Visitor to the Website, but no one under the age of 13 is allowed to register as a Member, or to set up an account or profile, or to use any of our Services where personal or identifying information is collected. If for any reason, you do not agree with all of the terms and conditions contained in this agreement, please stop using the Services immediately. By using or attempting to use the Services, you certify that you meet any of our eligibility requirements including that you are at least 13 years old if personal information is requested before you can use a Service.

The Website is not a social networking service. The services offered by us include the Website and any other features, content, or applications, if any, offered from time to time by us in connection with the Website (collectively, the "Services"). The Services are hosted in the U.S.

These Terms of Use, as they may be changed or amended by us from time to time (the "Terms of Use"), sets forth the legally binding terms for your use of the Services and incorporates by reference our Privacy Policy. By using the Services, you agree to be bound by the Terms of Use, whether you are a "Visitor" (which means that you simply browse the Website or download available information) or you are a "Member" (which means that you have registered with the Website and you are at least 13 years old). The term "User" refers to a Visitor or a Member. The term "Content" refers to information that is posted to the Website and information that is submitted by Users to us for posting on the Website. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the Terms of Use. Please read the Terms of Use carefully and save them. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. The Terms of Use apply to all Users, but to register as a Member or make use of any other Services, you must read the Terms of Use and indicate your acceptance of them during the registration process.

The Terms of Use include our policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and our Privacy Policy. In order to participate in certain Services, you may be required to agree to additional terms and conditions, and we reserve the right to notify you of such additional terms at any time. Unless otherwise provided, those additional terms and conditions are hereby incorporated into the Terms of Use. You may receive a copy of the Terms of Use by emailing us at word [at] the84 [dot] org

We may modify the Terms of Use from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to the Terms of Use when you use the Services after any such modification is posted. It is important that you review the Terms of Use regularly to ensure you are updated as to any changes.

Only Members may set up a profile page that may be posted on the Website (a "Profile"). Please choose carefully the Content you submit to be posted online in your Profile, as anyone will be able to see it on the Internet. We recommend that you follow the online safety tips below and read the other information and links provided here when deciding what information to post to your Profile:

• Don't post your personal information, including your name, social security number, address, phone number, your school, where you work, or any account information. Don't post anyone else's information, either.

• Make sure your screen name doesn't identify you or say too much about you. Don't use your name, age, or hometown.

• Before posting a photo of yourself online, check with your parents or guardian, or an adult that you know and trust.

• Keep your password to yourself.

• Read all the rules and privacy options for participating in the Services.

• Only share information and photos online that you don't mind anyone seeing.

• If you're not sure you should say or post something online, don't. Remember that once you post something online, it stays online - even if we take it down. People may be able to access to older versions of the Website.

• Don't download anything if you don't know who it's from.

• Keep your online friendships online.

• If you feel unsafe online, tell an adult.

While we may collect any of the following information from Members and keep it in our records, Member Profiles may not include the following information:

• private or personal information that might identify you or another person;

• photographs of anyone other than yourself;

• any photographs we determine, in our sole judgment, to be inappropriate to the Website;

• profanity or obscenities;

• personal attacks on another person;

• slanderous, defamatory, obscene, pornographic, threatening or harassing comments; or

• any other information we determine, in our sole discretion, to be inappropriate to the Website.

We will use reasonable efforts to monitor Content posted on the Website. Despite the prohibitions set out in the Terms of Use and our efforts, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, or offensive material, and we assume no responsibility or liability for this material. If you believe that any Content violates our Terms of Use, please contact us at word [at] the84 [dot] org .

You are not allowed to post Content to the Website directly or to any third party website where we have a profile, account or web page that you may access. We reserve the right, in our sole discretion, to reject, refuse to post or to remove any Content submitted by you, or to restrict, suspend, or terminate immediately your access to any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. By using the Services, you represent and warrant that (a) all information you submit is truthful, accurate, does not violate any laws or the rights of third parties, and you have all necessary consents to use such information; (b) you will maintain the accuracy of such information; (c) where registration is required or personal information is collected, you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Profile may be deleted and your Membership may be terminated without warning, if we believe for any reason that you are under 13 years of age or for any other reason in accordance with the Terms of Use.

2. Term. The Terms of Use shall remain in full force and effect while you use any of the Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting us at word [at] the84 [dot] org . We may terminate your Membership at any time, without warning or notice to you.

3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your password or access to your Profile.

4. Non-commercial Use. You may not use or allow anyone else to use any of the Services in connection with any commercial or business activity. Commercial advertisements, links, and other forms of solicitation will be removed from Member Profiles without notice and may result in termination of Membership privileges. Illegal or unauthorized use of the Services is prohibited, and appropriate legal action may be taken for any such use.

5. Proprietary Rights in Content on the Website. You represent and warrant that you have all the necessary rights in and to all Content submitted by you for posting to your Profile or in connection with any other Services, and that all Content provided by you shall not infringe on any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize us to use your postings in whole or in part, throughout the universe in perpetuity in any media, now known or hereafter devised, alone, or as part of other material of any kind or nature. Without limiting the nature of the foregoing, we reserve the right to use and change your postings in any manner that we may determine. Except where prohibited by us, you may print, download, copy, transmit, distribute, display, or use any educational and advocacy materials appearing on or through the Services in connection with youth tobacco prevention and advocacy efforts. You may not use any other Content for any other purpose.

6. Content Posted. We may delete any Content that in our sole judgment violates our Terms of Use or for any other reason. We assume no responsibility for monitoring the Services for inappropriate Content or conduct except as set forth in any part of the Terms of Use. You are solely responsible for the Content that you submit on or through any of the Services. We do not endorse any of the Content submitted by you or any Member. Content does not necessarily reflect the opinions or policies of the84.org.

7. Content/Activity Prohibited. In addition to the other prohibited Content identified in the Terms of Use, following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. We reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Services, terminating the Membership of such violators and, if appropriate, reporting the persons involved to legal authorities. Prohibited Content includes, but is not limited to Content that, in our sole discretion:

   • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

   • contains nudity, violence, or offensive subject matter or contains a link to an adult website;

   • solicits personal information from anyone under 18;

   • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

   • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, or violating someone's privacy;

   • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

   • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

   • attempting to impersonate another Member or other person;

   • using any information obtained from the Services in order to harass, abuse, or harm another person;

   • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile; or

   • using the Services in a manner inconsistent with any and all applicable laws and regulations.

8. Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into the Terms of Use by reference.

9. Use of Other Websites. As part of our outreach efforts to youth on tobacco prevention and advocacy, we intend to create our own profiles, web pages or accounts on third party websites, including social networking sites such as YouTube and MySpace. HRiA or the84.org will be the registered user of those websites, not you. While you may be invited to view our profiles, web pages and accounts located on those sites and to submit content to us for consideration, you may not post content to any of our third-party web pages directly or use any content posted there for purposes other than in connection with tobacco prevention and advocacy efforts of the84.org. If you visit any of these third-party websites, you will be subject to the terms of use and privacy policy for those websites in addition to any restrictions we may place on our profiles, web pages or accounts posted there.

10. Disclaimers. HRiA and MDPH are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Services may contain links to other websites. HRiA and MDPH are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by us or MDPH. When you access these third-party sites, you do so at your own risk and are subject to the policies and terms of use affiliated with those sites. Neither HRiA nor MDPH is responsible for the conduct, whether online or offline, of any User of the Services. HRiA and MDPH assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. HRiA and MDPH are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer or other Internet-access device related to or resulting from participation or viewing or downloading materials in connection with the Services. Under no circumstances shall HRiA or MDPH be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.

11. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, HRiA AND MDPH AND ANY OF ITS OR THEIR AFFILIATES AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY PROVIDERS TO THE SITE, IF ANY, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE MATERIALS CONTAINED IN THE SERVICES , REGARDLESS OF WHETHER ANY MATERIAL OR SERVICE IS PROVIDED OR OTHERWISE SUPPLIED BY HRiA, MDPH OR ANY OTHER THIRD PARTY.

12. Disputes/Legal Actions. The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts-of-laws principles, and you agree to submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts. In the event that any portion of the Terms of Use is deemed by a court to be invalid, the remaining provisions shall 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 the Services, or the use of the Services, must be filed within one year after such claim or cause of action arose and must be filed in a court in Massachusetts.

13. Indemnity. You agree to indemnify and hold HRiA, its subsidiaries, and affiliates (including MDPH), and their respective directors, officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of the Terms of Use or arising from a breach of the Terms of Use or any breach of your representations and warranties set forth above or if any Content that you submit to the Website or through the Services causes HRiA or MDPH to be liable to another person.

14. Other. The Terms of Use is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a User. The Terms of Use constitutes the entire agreement between you and HRiA regarding the use of the Services. The failure of HRiA to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The Terms of Use operates to the fullest extent permissible by law. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

15. Digital Millennium Copyright Act Notices

1. As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the www.the8ighty4our.org website infringes your copyright, you must send a notice of claimed infringement to the designated agent of Health Resources in Action at the following address: 95 Berkeley Street, Boston, MA 02116.

Name of Agent Designated to Receive Notification of Claimed Infringement:
Nathan Martin, Webmaster

Full Address of Designated Agent to which Notification Should be Sent:
Health Resources in Action
95 Berkeley Street
Boston, MA 02116

Telephone Number of Designated Agent:
(617)451-0049

Facsimile Number of Designated Agent:
(617)282-3950

E-mail Address of Designated Agent:
nmartin [at] hria [dot] org

To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the site are covered by a single notification, a representative list of such works at the site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Health Resources in Action to locate the material.

• Information reasonably sufficient to permit Health Resources in Action to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us at: word [at] the84 [dot] org with any questions regarding these Terms of Use.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND CONTAINED IN THE PRIVACY POLICY.