III. Intellectual Property Rights
A. Copyright Information and personal and non-commercial use limitation
All Materials and the compilation of all content included on this Web site are owned or licensed by Remembering the Brave and protected by United States and international copyright laws. All Rights Reserved. Remembering the Brave does not claim ownership of Copyrights owned by third parties.
B. Notice and Procedure for Making Claims Under the Digital Millennium Copyright Act Notice
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Web site in a way that may constitute copyright infringement, you may provide notice of your claim to Remembering the Brave's designated agent listed below. For your notice to be effective, it must include the following information: (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 copyrighted 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 Website; (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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (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.
If a third party has wrongly filed a copyright infringement notice with Remembering the Brave against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Remembering the Brave's designated agent with a counter notification. That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4)The subscribers name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Remembering the Brave's Designated Agent is Rebecca Holder-Otte.
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this web site. All other inquiries directed to the designated agent will not be answered.
Remembering the Brave is the owner of a family of trademarks for its services. This family includes, without limitation, Remembering the Brave Hall of Heroes®, Remembering the Brave Ceremony, Remembering the Brave (Pacific, Western, Eastern, Midwestern, Northern, Southern) Armed Forces Memorial Match, Kids Can Volunteer, Heroes Don't Do Drugs, Remembering the Brave Heroes Cafe, Remembering the Brave Hall of Heroes Museum, Remembering the Brave Virtual Hall of Heroes, Remembering the Brave Run for Remembrance. Remembering the Brave is also the owner of the federally registered logo and a variety of unregistered marks. These and other Remembering the Brave graphics, logos and service marks are trademarks of Remembering the Brave and may not be used without prior written consent of Remembering the Brave or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Remembering the Brave Web site are the property of their respective owners.
D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Remembering the Brave in connection with your use of this web site shall be the exclusive property of Remembering the Brave. User agrees that unless otherwise prohibited by law Remembering the Brave may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
V. Privacy and Protection of Personal Information
VI. Disclaimers and Limitation of Liability
User expressly agrees that use of Remembering the Brave Web site and service is at User's sole risk. Neither Remembering the Brave, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, sponsors or the like, warrant that web sites affiliated with Remembering the Brave, including but not limited to www.rememberingthebrave.org, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, harmful or malicious code, or other defects. The information, products and services published on this Web site may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Remembering the Brave's Web sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Remembering the Brave's Web sites.
This web site is provided by Remembering the Brave on an "as is" and "as available" basis. Remembering the Brave and the providers make no representations or warranties of any kind, express or implied, as to the operation of the web site, the availability of any services or prices offered on or through the web site, or the information, content, materials or products, included on this web site. To the full extent permissible by applicable law, Remembering the Brave and the providers disclaim the warranties and conditions, express or implied, with regard to the information, content, materials, products and services available on this web site, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this web site is at your sole risk.
Remembering the Brave and the providers will not be liable for any damages of any kind arising from the use of or inability to use this web site, including but not limited to direct, indirect, incidental punitive and consequential damages. No oral advice or written information given by Remembering the Brave nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice.
The limitation of this paragraph shall apply not withstanding any reliance by a user on any information obtained from the web site www.rememberingthebrave.org or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays on operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Remembering the Brave records, programs, or services, and whether or not Remembering the Brave and/or any other providers have been advised of the possibility of such damages. User hereby acknowledges this paragraph shall apply to all content, merchandise, and services available through www.rememberingthebrave.org and all other web sites affiliated with Remembering the Brave. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by the law.
If you are dissatisfied with any Remembering the Brave site content, your sole and exclusive remedy is to discontinue your use of this Web site.
VI. Online Conduct
The User agrees to use the Remembering the Brave Web site only for lawful purposes. Unacceptable uses of the Web site include without limitation: (i.e.) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Remembering the Brave to be in conflict with the spirit or intent of this Web site.
VII. Credit and Credit Card Authorization
You may pay for your orders of merchandise or donations with major credit cards issued in the United States of America. Currently, Remembering the Brave accepts Visa®, MasterCard®, and Discover® Card. Generally, credit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, Remembering the Brave may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.
After you place an order on the Remembering the Brave Web site, we will check the information you give us for validity, by verifying your method of payment or shipping address. Remembering the Brave reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your credit card.
IX. Applicable Law/Jurisdiction
XI. International Users
The Remembering the Brave Web site can be accessed from locations around the world. Remembering the Brave makes no representations that this Web site or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Web site from locations where this Web site or any of its Materials are illegal is prohibited. If you access this Web site from a location outside the United States, you are responsible for compliance with all local and/or international laws.
Remembering the Brave reserves the right to monitor all network traffic to this Web site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Web site in any fashion. Anyone using this Web site expressly consents to such monitoring.
Date Last Modified: April 27, 2009
This privacy statement describes and applies to the information we collect from you when you visit the Remembering the Brave web site, how we use that information, and under what circumstances we disclose it. It will also give you more information about how to manage the personal information that you provide to us through this site. This statement applies only to information you provide to us online while visiting or using our site. It does not apply to information we have obtained or may obtain offline through other traditional means.