Agreement between user and AmericasTAKEN.com
Welcome to AmericasTAKEN.com. The AmericasTAKEN.com website (the "Site") is comprised of various web pages operated by America's #TAKEN Children ("AmericasTAKEN"). AmericasTAKEN.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of AmericasTAICEN.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
AmericasTAKEN.com is a Social Networking Site. Our mission is giving children #TAKENbyCPS and their biological families a forum to search for each other.
AmericasTAKEN.com was established as both a database of #TAKEN Children as well as a private, social media platform where parents of children #TAKENbyCPS can network with one another, share with each other and support each other. As such, users who are not either parents of #TAKEN Children or children who have aged out of the CPS system are strictly prohibited from joining this site as a user in any capacity.
Visiting AmericasTAKEN.com or sending emails to AmericasTAKEN constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AmericasTAKEN is not responsible for third party access to your account that results from theft or misappropriation of your account. AmericasTAKEN and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You may not create an account on this site (of any type) if you are under the age of 18.
You may not create an account on this site unless you are: A) The biological parent (or immediate family member) of a child #TAKENbyCPS or B) An "aged out" child in search of his or her parents who is no longer in the CPS system.
You may not Create an account for the sole purpose of spying, harassing, stalking or otherwise surveiling the activities of other users.
AmericasTAKEN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use AmericasTAKEN.com only with permission of a parent or guardian.
Subscriptions to advance memberships can be cancelled at any time, however, they are not refundable. User's should expect the site to work as well as it does with a free membership and should not assume that a paid subscription will improve any site features, speed of loading, reliability or usability. Subscriptions are avilable for verified private accounts and exist for no other reason. If your free user account is ever successfully challenged by a third party it can and will be terminated at any time and a verified private account will be the only type of account available. As of June 2016, no premium subscriptions are being offered.
AmericasTAKEN.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of AmericasTAKEN and AmericasTAKEN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AmericasTAKEN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AmericasTAKEN of the site or any association with its operators.
Certain services made available via AmericasTAKEN.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the AmericasTAKEN.com domain, you hereby acknowledge and consent that AmericasTAKEN may share such information and data with any third party with whom AmericasTAKEN has a contractual relationship to provide the requested product, service or functionality on behalf of AmericasTAKEN.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AmericasTAKEN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AmericasTAKEN content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AmericasTAKEN and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AmericasTAKEN or our licensors except as expressly authorized by these Terms.
Use of communication services The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or AmericasTAKEN exclusively in the United States District Court for the Western District of Oklahoma or a state court located in Oklahoma County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Oklahoma will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on AmericasTAKEN, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on AmericasTAKEN and are not responsible for the content or information users transmit or share on AmericasTAKEN. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on AmericasTAKEN. We are not responsible for the conduct, whether online or offline, of any user of AmericasTAKEN.
WE TRY TO KEEP AMERICASTAKEN UP AND ONLINE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AMERICASTAKEN AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AMERICASTAKEN WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT AMERICASTAKEN WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. AMERICASTAKEN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AMERICASTAKEN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.