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Terms & Conditions



The following terms and conditions cover the Lifeline Gallery : Stories of Hope and Recovery project, located at http://www.lifeline-gallery.org and any associated services, active links, and content including text, pictures, avatars, stock messages, emails and video clips (the "Site").  PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING OR PROCEEDING TO ACCESS THE SITE TO CREATE YOUR MESSAGE.  YOUR USE OF THE SITE INDICATES YOUR AGREEMENT TO ABIDE BY THE TERMS IN EFFECT AT THE TIME OF YOUR USE.  As used here, "you" or "User" means a user of the Site who is deemed to have read, understood and agreed to the Terms and "we," "us" or "Lifeline" means National Suicide Prevention Lifeline.

1.  DESCRIPTION OF SITE.  The Site allows Users to select a character from a menu on the Site and send or record messages from which can be made a story about suicide and suicide prevention.  (The Messages)

2.  GRANT.  Subject to these Terms, Lifeline Gallery hereby grants you during the term hereof, a revocable, nontransferable, nonsublicenseable, royalty-free, nonexclusive license to (a) embed and display on your Web site or blog ("User Site") the active links or other code or source identifiers necessary to display the Messages on your User Site in the exact form as received from Lifeline Gallery or its affiliates; (b) transmit and distribute such active links to the Messages to third parties; and (c) reproduce and display the Messages on your User Site as received from Lifeline Gallery or its affiliates through such active links.

3.  RESERVATION OF RIGHTS.  The Site and all information and content therein, including the messages and any other content stored, reproduced, distributed, transmitted, displayed, published, or performed on or through the Site and any software programs available on or through the Site ("Content") is protected by the copyright laws of the United States and international copyright treaties.  As between the parties, title, ownership rights, and intellectual property rights in and to the Site and all Content, and any copies or portions thereof, shall remain in Lifeline Gallery or its affiliates.  In addition, any additional programming or technology provided by Lifeline Gallery or its affiliates in connection with the delivery of the Content or otherwise shall remain the sole property of Lifeline Gallery or its affiliates and no part thereof shall be deemed assigned or licensed to you.  Lifeline Gallery and its affiliates shall retain all rights to the Site and Content not expressly granted to you in the Section 2.

4.  TRADEMARKS.  The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Lifeline Gallery and other parties.  Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Lifeline Gallery or such third party which may own the Marks.

5.  RESTRICTIONS.  You may not (a) use, record, reproduce, display, publish, upload, transmit or distribute to, from or through the Site or any User Site any unlawful, harassing, defamatory, libelous, abusive, threatening, misleading, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (b) delete or fail to display any promotional taglines included in the Messages; (c) rent, lease, or otherwise transfer rights to the Content; (d) display the name, logo, trademark or other identifier of another person (except for Lifeline Gallery or you) on your User Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Content; (e) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Messages, including without limitation, the size, color, location or style of Marks; (f) encumber or suffer to exist any lien or security interest on the subject matter of these Terms; (g) make any representation or warranty on behalf of Lifeline Gallery; (h) provide any material or use the Messages on any User Site that contains nudity or pornographic material of any kind, displays material that exploits children under the age of 18 promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual; or (i) attempt to hide your identity, represent yourself as someone else, or interfere or attempt to interfere with the proper working of the Site.

Unless otherwise permitted by Lifeline Gallery, you will: (i) ensure that the fundamental meaning of the Message is not changed or distorted; (ii) comply with all applicable laws and all limitations and restrictions (if any) placed by Lifeline Gallery on the use, display or distribution of any Content ("Usage Restrictions"); and (iii) not archive the Message for access by users at any future date after the link to the Message has been removed from your User Site.  You may not frame any Lifeline Gallery Web page.  You must always stipulate that the Messages are supplied by Lifeline Gallery and are protected by copyright and owned by Lifeline Gallery Company.

6.  USE OF THE SITE.  Your use of this Site is also governed by the terms of the Lifeline Gallery Guidelines which are incorporated herein.

7.  NO COMMERCIAL USE.  You may only use the Site and any Content in a non-commercial manner.  You shall not, without the express approval of Lifeline Gallery, distribute or otherwise display, sell, or license any content on the Site for the purpose of (i) offering to buy or sell goods or services; (ii) advertising; or (iii) commercial solicitations of any kind.  Examples of prohibited solicitations include efforts to obtain funds or services from third parties, sell products or services to third parties, and attempts to recruit third parties to participate in research studies, polls, surveys or lawsuits.

8.  REVIEW OF USER CONTENT; RESPONSIBILITY FOR USER CONTENT.  You are solely responsible for the contents of your transmissions through and from the Site.  However, while Lifeline Gallery cannot review all Content and is not responsible for User generated Content, Lifeline Gallery reserves the right to screen, reject, delete, remove, or edit Content that we, in our sole discretion, deem abusive, threatening, harassing, libelous, defamatory, obscene, offensive, unlawful, or otherwise unacceptable, including Content that violates another person's intellectual property or privacy rights.  Lifeline Gallery has no obligation to display any Content provided by Users.

9.  MODIFICATIONS TO SITE.  We reserve the right to modify or discontinue the Site or Content with or without notice to you.  We shall not be liable to you or any third party should we exercise this right to modify or discontinue the Site.

10.  MODIFICATIONS TO TERMS OF SITE.  We may change the terms and conditions of the Site from time to time by updating this posting.  You are bound by such revisions and should therefore visit this page to review the current Terms from time to time.  Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and Term modifications and (2) your agreement to abide and be bound by the Terms as modified.

11.  HYPERLINKING.  THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIR-PARTY MATERIAL INTO THE SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE").  LIFELINE GALLERY HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE.  THE FACT THAT LIFELINE GALLERY HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS.  THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND LIFELINE GALLERY URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

12.  WARRANTIES.  You represent, warrant, and covenant that no Content or materials of any kind you submit to the Site will: (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material.  In addition, you represent, warrant and covenant that your Mark(s) and/or content on your User Site, other than Lifeline Gallery Content, do not and will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, constitute false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with applicable laws and regulations (including, for example, licensing requirements and administrative or professional rules).

13.  INDEMNITY.  You hereby indemnify, defend, and hold harmless Lifeline Gallery, the Site's Affiliate Partners, and all of their respective officers, directors, employees, and affiliated companies (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants.  You shall cooperate as fully as reasonably required in the defense of any such claim.  Lifeline Gallery reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

14.  OUR WARRANTY DISCLAIMERS.  ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  LIFELINE GALLERY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, (B) ANY USER GENERATED CONTENT OR CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

15.  LIMITATION OF LIABILITY—THIRD PARTY SERVICES.  Lifeline Gallery assumes no liability for your activity in connection with the Site or Content or for the development, operation, and maintenance of your User Site.  OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LIFELINE GALLERY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

16.  LIMITATION OF LIABILITY FOR INACCURACIES.  THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LIFELINE GALLERY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.  LIFELINE GALLERY DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE.  LIFELINE GALLERY IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE.  LIFELINE GALLERY MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE.  LIFELINE GALLERY MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

17.  LIMITATION OF LIABILITY—INDIRECT DAMAGES.  YOU AGREE THAT LIFELINE GALLERY, ITS LICENSORS, AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF LIFELINE GALLERY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.  LIFELINE GALLERY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

18. PRIVACY POLICY.  Except as required by law and in accordance with the Lifeline Gallery Internet Privacy Statement, view Lifeline Gallery Privacy Policy.  Lifeline Gallery will maintain the confidentiality of all user communications which contain personal User information and which are transmitted directly to Lifeline Gallery.  Transmissions to the Site, to the extent such transmissions do not contain personal User information, will not be protected as confidential and Lifeline Gallery may use and provide information contained in any such transmissions (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates or other third parties for any purpose whatsoever and as deemed appropriate by Lifeline Gallery, including, without limitation, using Messages for marketing and promotional purposes.

19.  FEEDBACK.  We encourage you to submit your thoughts and feedback to us, but be advised that any content you submit to the Site will not be returned to you and may be used by us in any manner we see fit, including reprinting it in full or in a modified version on the Site or elsewhere or using elements of it on the Site.  You will not be entitled to any remuneration for any use of your content by us or our affiliates.

20.  LINKED INTERNET SITES.  Lifeline Gallery permits hypertext links to the Site.  However, Lifeline Gallery reserves the right to disable any links it finds objectionable and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site.  Lifeline Gallery prohibits the framing of any Content available through the Site.  Access to any other Internet sites linked to the Site is at the User's own risk.  You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site.  Lifeline Gallery is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

21.  USER CONDUCT.  The Site makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures.  You agree not use the Site for chain letters, junk mail, spamming or similar activities.  You shall not interfere with another User's use and enjoyment of the Site.  We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform to these Terms.

22.  TERMINATION.  We shall not be liable to you or any third party for termination of the Site or any Content.  Should you object to any terms and conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site and all Content.  Any fraudulent, abusive, or otherwise illegal activity will be grounds for termination of these Terms.  If you use, or attempt to use, any Content beyond the scope of the license granted in these Terms or attempt to, tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Site or Content, then, in addition to termination of these Terms, you may be subject to appropriate legal and equitable action.

23.  USE OF "COOKIE" FILE FEATURES.  Lifeline Gallery reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences.  The Lifeline Gallery Internet Privacy Statement provides additional information regarding Lifeline Gallery' use of cookies as well as procedures for disabling cookies.  View Lifeline Gallery Privacy Policy.

24.  DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO LIFELINE GALLERY REGARDING ALLEGED COPYRIGHT INFRINGEMENT.  Lifeline Gallery has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act.  Lifeline Gallery reserves the right to remove any Content on the Site which allegedly infringes another person's copyright.  Notices to Lifeline Gallery regarding any alleged copyright infringement on the Site should be directed to lifelinegallery@mhaofnyc.org.

25.  LAWS.  The Terms shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law provisions.  User and Lifeline Gallery agree to submit to the exclusive jurisdiction of the courts of the state of New York.  User and Lifeline Gallery agree that any and all disputes, claims or controversies arising out of or related to the Terms shall be submitted for arbitration, which shall be administered by, and pursuant to the rules of, the American Arbitration Association.  The arbitrator's authority to resolve disputes and to make awards shall be subject to the limitations of liability set forth above and limited to disputes between you and us alone, with no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated.  If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

User and Lifeline Gallery 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 arose; otherwise, such cause of action is permanently barred.  The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.