Subscribe

Terms and Conditions

Website Terms and Conditions

1. ACCEPTANCE

Welcome to the DE-lete Bullying website (“Site”) sponsored by the Delaware Bar Foundation (“DBF”). By using and/or visiting the Site, you accept and agree to be bound by the following terms and conditions (“Terms”) and the Site’s privacy policy as well as to any other agreements, terms and rules that we tell you apply to your use of our Site. DBF and its representatives and agents that assist in operating the Site reserve the right to temporarily or permanently disable access to the Site for anyone who violates these Terms at our discretion and without notice.

2. THE SITE

We grant you permission to use the Site as set forth in these Terms provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms. We may limit your access to certain Materials or areas of the Site depending on your geographic location or other factors determined by us in our sole discretion.

These Terms apply to all users of the Site, including users who are also contributors of photos, video content, information, and other materials on the Site. However, we cannot and do not monitor or manage all Materials. You understand that when using the Site, you will be exposed to Materials (as defined below) from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners/operators, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

4.  OWNERSHIP OF CONTENT ON SITE

Everything on or used in connection with our Site including the Materials submitted by users, including without limitation text, software, scripts, images, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively, “Content”) is owned by us or our affiliates, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Site enables you to download or save) without our express permission.

Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

7. USE OF YOUR PERSONAL INFORMATION

We respect your information and privacy and will not publicly disclose your personal information to non-affiliated third parties other than as stated in the DBF Privacy Statement. By using our Site, you acknowledge that we are not responsible for any personal information that you publicly disclose (intentionally or unintentionally) using the Site’s services.

11. LINKING POLICY

If you link to this Site from another web site: (i) the link must not damage, dilute or tarnish the goodwill associated with any DBF or Site name or entity; (2) the link must not create the false appearance that the other website is sponsored by, endorsed by, affiliated with or associated with DBF; (3) the website may not “frame” or alter this Site in any way; and (4) the linked website may not be unlawful, abusive, indecent or obscene, promote violence or illegal acts, be libelous, defamatory or otherwise deemed inappropriate, as determined by us in our sole discretion; and (iv) the linked website may not display our Content, including any of our logos, to create a link, without our prior written consent.

The Site may contain links to third party websites that are not owned or controlled by us. Just because a third-party website link exists on our Site does not mean that we have thoroughly evaluated the third-party website. Those third-party websites do not belong to us, and we have no control over and assume no responsibility for the content, accuracy, usefulness, safety, privacy policies or practices of these websites. By using our Site, you expressly relieve us from any and all liability arising from your use of any third-party websites linked to our Site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

12. WARRANTY DISCLAIMER

Your use of the Site is at your sole risk. To the fullest extent permitted by law, DBF, its officers, directors, shareholders, employees, representatives, and agents disclaim all warranties, express, implied or statutory, including without limitation the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, in connection with the Site and your use of it. DBF makes no warranties or representations about the accuracy or completeness of the Site, and assumes to the maximum extent permitted by law no liability or responsibility for any (a) errors, mistakes or inaccuracies on the Site; (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site; (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) interruption or cessation of transmission to or from our Site; (e) bugs, viruses, trojan horses or the like that may be transmitted to or through our Site; and/or (f) errors or omissions on our Site or for any loss or damage of any kind incurred as a result of your use of any Materials or Content available via the Site. DBF does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Site or any hyperlinked website or feature in any banner or other advertising, and DBF will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

13. LIMITATION OF LIABILITY

In no event will DBF, its officers, directors, employees, representatives or agents be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages whatsoever resulting from any (a) mistakes or inaccuracies of Content on the Site, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site, (c) any unauthorized access to or use of our secure servers or any and all personal information or financial information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Site; or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content or Materials posted, emailed, transmitted or made available via the Site, whether based on warranty, contract, tort or any other legal theory and whether or not DBF is advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that DBF shall not be liable for materials or content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

This Site is controlled and offered by DBF from its facilities in the United States of America. DBF makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. INDEMNITY

You agree to defend, indemnify and hold harmless DBF, its affiliates, officers, directors, agents, employees and partners, and any other parties with whom DBF may contract to provide the Site, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, fines or forfeitures, expenses or damages (including reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against DBF arising out of (i) your use of and access to the Site; (ii) your breach or alleged breach of any representation, warranty, covenant or obligation pursuant to these Terms or the Privacy Policy; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification from you. In such event, you shall provide us with cooperation reasonably requested by us.

15. INDEPENDENT PARTIES

You and DBF are independent parties, and nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and DBF. DBF is not liable for any representation, act or omission by you contrary to the provisions of these Terms.

16. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.

17. GOVERNING LAW AND JURISDICTION

These Terms and all questions relating to the performance, interpretation, breach or enforcement of these Terms, or the rights, obligations and liabilities of you and us under them, are governed by the laws of Delaware. You agree that all disputes, claims or litigation arising from or related in any way to these Terms and our relationship with you will be litigated only in a court of competent jurisdiction located in Delaware. You agree to be subject to personal jurisdiction and venue in that location.

18. GENERAL

Without limiting the foregoing, under no circumstances shall DBF be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms together with any other legal notices published by DBF on the Site constitute the entire agreement between you and DBF with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms by a party will be effective only if in writing and signed by a party. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and DBF’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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, which shall remain in full force and effect.