Terms of Use - Kristi Yamaguchi's Always Dream

Always Dream maintains the website alwaysdream.org in order to provide you with information about our work and to enable you to interact with us online. Access to and use of the Always Dreams website, linking to the Always Dream’s site and downloading Always Dream materials and content is subject to the below terms and conditions set forth in this Terms of Use. If you do not accept the Terms of Use in its entirety, you may not access or use the Always Dream’s website, link to the Always Dream’s website or download any Always Dream materials or content from the website. Always Dream reserves the right to amend these terms and conditions at any time and any amendments, changes or modifications shall be effective immediately upon notice of them. It is your responsibility to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

Your use of Always Dream website constitutes your agreement to the terms and conditions set forth in this Terms of Use and any other terms and conditions that may be outlined elsewhere on the Always Dream’s website.

Intellectual Property and Trademark Ownership
You acknowledge and agree that Always Dream is the sole owner of the Always Dream’s name, logo, and other Always Dream registered trademarks and service marks (“Always Dream’s Marks”) as well as the Always Dream’s materials and content found on alwaysdream.org.

Limited License

If you are interested in linking to Always Dream website or using or downloading the Always Dream’s materials and content and are over 18, read this Terms of Use and notify the Always Dream by sending an email to info@alwaysdream.org. In your email, include your name, your organization name, contact information and the URL of your website that will be linking to alwaysdream.org

By linking to the Always Dream’s website or downloading the Always Dream’s material and content, you hereby agreed to be bound by the terms and conditions set forth below:

use

You understand that you may not use Always Dream’s logo as a link, but you may link to the Always Dream using Always Dream-approved banners and links, provided you act in full compliance with the terms and conditions of this Terms of Use. Specifically, you acknowledge that you may not use Always Dream’s logo on any external websites or social networking sites such as Facebook or YouTube.

You acknowledge and agree that you may only use Always Dream-approved banners and links and/or Always Dream materials or content for education purposes and raising awareness about Always Dream.

You acknowledge and agree that your use of any Always Dream-approved banners and links and/or Always Dream materials or content bearing the Always Dream’s Marks may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.

You acknowledge and agree that you may not exploit the Always Dream’s materials or content and/or Always Dream-approved banners and links.

You agree that you will not use Always Dream’s materials and content and/or Always Dream’s banners and links for purposes that violate the laws of any state, country or other jurisdiction, including without limitation all laws relating to copyright and trademark.

You acknowledge and agree that you may not misrepresent your relationship with Always Dream.

Your use of the Always Dream’s material and content and/or Always Dream-approved banners and links may not indicate or create an impression that the Always Dream endorses, approves, sponsors or is affiliated with your products, goods, services or website, unless you are an approved official co-sponsor/partner.

Your use of the Always Dream’s material and content and/or Always Dream-approved banners or links may not be used in any manner likely to confuse, mislead, or deceive the public, or be adverse to the best interests of Always Dream.

You acknowledge and agree that you are prohibited from using the Always Dream’s material and content and/or Always Dream-approved banners or links in any way that the Always Dream finds, in its sole discretion, to be objectionable or which includes obscene, violent, intolerant, tasteless, denigrating or sexually oriented content or materials. Specifically, the Always Dream’s approved banners and links may not appear on any pages of any websites that include content or advertising for pornography, religious material, partisan material, political material or firearms.

Termination

Always Dream may revoke your right to use the Always Dream’s materials and content and/or approved banners and links at any time with or without cause. Upon receipt of notice of termination, you shall immediately cease all further use of the materials and content and/or approved banners and links. The Always Dream has the right to seek appropriate legal action to terminate any uses of the Always Dream’s materials and content and/or the approved banners and links in the event that the Always Dream determines that your use does not conform to any terms and conditions of this Terms of Use or as provided elsewhere on the website; infringes any intellectual property right or other right of Always Dream or a third party, adversely affects the Always Dream’s image, reputation or services or programs, violates any applicable law, regulation or ordinance, and/or is a prohibited activity.

Jurisdiction

This Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of law provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection herewith shall be brought solely in Alameda County, State of California, and you consent to the jurisdiction of such courts.

Remedies

Be aware that violation of the Always Dream’s copyright, trademark, or other intellectual property rights may subject you to civil and criminal penalties.

Indemnity

You agree to indemnify and hold harmless Always Dream for any harm arising out of your wrongful and/or improper use of the Always Dream’s website, materials and content, and/or the Always Dream’s approved banners and links.

Disclaimer of Warranty

Always Dream makes no warranties, representations or statements, express or implied, with respect to the materials and contents on its website, including its marks, and hereby disclaims all warranties that might otherwise be implied by law. Use of the Always Dream’s materials and content and/or Always Dream-approved banners and links is solely at your own risk.

General

These Terms and Conditions, together with the Privacy Policy posted at alwaysdream.org and any other legal notices published by Always Dream on this website shall constitute the entire agreement between you and Always Dream site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Always Dream’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND Always Dream AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.