Solutions in Sight: Terms and Conditions

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Terms and Conditions

Acceptance of Terms of Use
Your use of Braille Institute of America’s (“BIA”) Solutions in Sight Web site (www.solutionsinsight.org) (“Web site”) is contingent upon your acceptance of and compliance with the following Terms of Use. By using the Web site you acknowledge that you have read and agree to these terms. If you do not agree to these Terms of Use, please do not access or use any of the Web site.

Licensing
By posting any material on the Web site, including without limitation, any articles, recipes, commentaries, photos, videos, or other creative or expressive work or any activity or material of any kind whatsoever (collectively “Content”), you hereby grant BIA (or represent and warrant that the owner of such Content granted BIA) a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user of the Web site to access, view, store or reproduce the Content for that user’s personal use. You agree not to upload, post or otherwise make available on the Web site any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. BIA does not guarantee the accuracy, completeness or usefulness of any Content posted on the Web site nor does BIA endorse any Content on the Web site. Web site users are solely responsible to evaluate the accuracy, completeness or usefulness of any Content on the Web Site.

You may not use any copyrighted material or trademarks belonging to BIA without BIA’s prior written consent.

When you post Content using the “Public” setting, it means that everyone, including persons who have not registered as users of the Web site, will have access to that information.

BIA has the right, but not the obligation, to monitor the Content posted on the Web site to determine compliance with BIA’s Terms of Use and/or to satisfy any law, regulation or government request. You may not use the Web site for commercial gain; use of the Web site to market, sell or advertise any good or service is strictly prohibited. BIA may, in its sole and absolute discretion, edit, refuse to post, remove, or disable access to any Content submitted to or posted on the Web site including, but not limited to, Content that is unlawful, threatening, libelous, defamatory, invasive of another’s privacy, potentially harmful to minors, obscene, pornographic, graphic, profane, inflammatory, or otherwise objectionable as determined by BIA in its sole and absolute discretion.

BIA maintains a policy that provides for termination in appropriate circumstances of access by users who are repeat infringers of copyright or other intellectual property rights. If you believe your Content has been copied in a way that constitutes copyright infringement or other violation of intellectual property rights, you must provide BIA’s Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

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

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

3. 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 BIA to locate the material;

4. Information reasonably sufficient to permit BIA to contact the complaining party;

5. 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; and

6. 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.

7. Anthony J. Taketa
Copyright Agent
741 North Vermont Avenue
Los Angeles, CA 90029
Phone: (323) 663-1111, Ext.3107
Fax: (323) 663-8082
Email: ajtaketa@brailleinstitute.org

Limitation of Liability
The Web site is provided to you “as is” without any warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. By using the Web site you agree to bear all risk associated with use of the Web site. BIA does not warrant the safety or security of the Web site or your use of it. You agree to be solely liable for any damage resulting from Content submitted by you. You further agree that BIA or the contributors of Content to the Web site will not be liable for any damage or loss suffered by you in connection with your use of the Web site. By using the Web site, you release BIA, its officers, directors, agents, employees, successors and assigns from any and all claims and damages, known and unknown, which arise from or are in any way connected with your use of the Web site or any Content posted on the Web site, whether by you or by any third party.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

BIA is not liable for any lost profits or other consequential, special, indirect or incidental damages arising out of use of the Web site.

Privacy Policy
BIA is committed to safeguarding the online privacy of our users, and recognizes the importance of protecting the privacy of personal information collected. Please see our privacy policy.

Eligibility for Membership and Ability to Accept Terms of Use
No one under the age of 13 years of age is allowed to register on the Web site. You affirm that you are 18 years of age or older, or are an emancipated minor, or are 13 or older and possess legal parental or guardian consent to use the Web site. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with the Terms of Use, and that if you are between the ages of 13 and 17, that your parent or legal guardian has read and accepted these Terms of Use.

Indemnification
By using the Web site and/or any of its contents, you agree to defend, indemnify and hold BIA, its officers, directors, agents, employees, successors and assigns, harmless from any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any third party’s use of any Content posted by you on the Web site.

Termination
Your use of the Web site constitutes an agreement between you and BIA (“Agreement”). This Agreement is effective unless and until terminated by either you or BIA. However, the Licensing, Limitation of Liability, Indemnification and Dispute Resolution provisions of the Agreement shall survive the Agreement’s termination. You may terminate the Agreement at any time by discontinuing use of the Web site. BIA may also terminate the Agreement at any time without notice and, accordingly, deny you access to the Web site if, in BIA’s sole discretion, you fail to comply with any term or provision of these Terms of Use. Possible evidence of use of any of the Web site for illegal purposes may be provided by BIA to law enforcement authorities at the discretion of BIA. This is the entire agreement between the parties related to the use of the Web site.

Dispute Resolution
If a dispute arises out of or relates to this Agreement, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Agreement (as determined by either party) shall be settled by arbitration administered by the American Arbitration Association. The decision of the arbitrator(s) shall be conclusive and binding upon the parties and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If necessary to protect the interests of any party hereto or prevent injury to persons or property, either party may seek interim relief or protection pending mediation or arbitration. In addition, notwithstanding anything to the contrary herein, the parties hereto shall be entitled to such equitable and provisional remedies as may be appropriate, and agree that the American Arbitration Association Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any mediation or arbitration conducted pursuant to this paragraph shall be held in Los Angeles.

Linking
These terms and conditions apply only to the Web site. In addition to the Web site, we provide links to our principal organization Web site, www.brailleinstitute.org, and other third party web sites that are not under BIA’s control. BIA is not responsible for the terms and conditions, privacy practices or the content of any web site linked to or from the Web site. You acknowledge that when you leave the Web site and access a linked site you do so at your own risk and that BIA does not endorse any linked web site.

Modifications
BIA reserves the right to modify these Terms of Use at any time by posting such change here. Your continued use of this Web site after such change is made constitutes acceptance of and agreement to be bound by the Terms and Use as modified.

Legal Information
BIA’s legal counsel provides counsel only to BIA and its staff. Although BIA cannot provide legal advice to, or act as an attorney for, outside organizations or individuals, one of BIA’s goals is to provide the public with information and resources that may be helpful in resolving problems. None of the information contained on the Web site should be construed as legal advice.