YDACS Site Usage Agreement

Changes to Conditions, Site Content or Access

The Youth Digital Arts Cyber School (YDACS) may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly visit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.

YDACS may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.

Copyright

The Youth Digital Arts Cyber School (YDACS) owns and retains the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.

Unless otherwise expressly stipulated by YDACS, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.

You must not sell or otherwise commercially exploit any information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site.

Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without YDACS prior written permission.

If you breach any of these conditions, then (without limiting your other liabilities) your authorization to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

YDACS develops and posts many resources that our students remix as a springboard to creating their own derivative works.  This method is at the heart of our unique Youth Digital Arts Learning Community where students from 3rd grade can create professional level digital art.  YDACS retains all copyrights to materials posted on this site in perpetuity in order to maintain and continue growing our Youth Digital Arts Learning Community.  By submitting any material to the site or to YDACS in connection with your use of the site, you thereby assign all intellectual property rights in that material to YDACS. You must not submit material to the site if a third party has any intellectual property rights in that material. These rights include, but are not limited to: the right to publish or license others to publish the work in full, in part, in summarized, altered, or excerpted versions, and with updates, at any time in hard copy, on the Internet, via television broadcast, in hard-copy or electronic reprints, in hard-copy or electronic bulletins or anthologies, or in a computer-accessed databases, information retrieval systems or other archives, including on CD or DVD, or in or using any other media existing now or to be devised hereafter, all with no payment to the author.

Students retain all commercial rights to the material they originally create and submit which means you can republish, sell or do anything you want with the material with no need for consent from or recompense to YDACS.

Liability

Subject to any non-excludable rights, use of the site is entirely at your own risk. In no event will The Youth Digital Arts Cyber School (YDACS) be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any material.

If circumstances arise where you are entitled to claim damages from YDACS notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), YDACS’s liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from YDACS) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at YDACS’s election).

Disclaimer

Although information prepared and acknowledged by The Youth Digital Arts Cyber School (YDACS) has been produced and processed from sources believed to be reliable, subject to any non-excludable rights no express or implied warranty is made regarding the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information.

This disclaimer applies to both isolated and aggregate uses of the information. If you find any errors or omissions, please report them to info@YDACS.com.

Inappropriate Content

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

You acknowledge that neither The Youth Digital Arts Cyber School nor the hosts, operators or developers of the site are liable for defamatory, offensive, illegal or inappropriate content found at the site or accessed from the site and that the risk of injury from such content rests entirely with you.

Indemnification

You must indemnify The Youth Digital Arts Cyber School and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.

Links from other Sites to this Site

Other sites may only link to the site with The Youth Digital Arts Cyber School prior written permission. Any site that links to the site:

• Must link to The Youth Digital Arts Cyber School home page
• Must not replicate the site's content.
• Must not create a browser or border environment around the site's content
• Must not imply any endorsement by The Youth Digital Arts Cyber School
• Must not misrepresent its relationship with The Youth Digital Arts Cyber School
• Must not present false information about The Youth Digital Arts Cyber School’s products
• Must not use The Youth Digital Arts Cyber School’s name or logos without The Youth Digital Arts Cyber School’s prior written permission.

Links to Third Party Web Sites

Links to third party web sites from the site are provided solely as a convenience to you. The Youth Digital Arts Cyber School makes no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links.

The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.

YDACS does not review and monitor any linked third party web sites and neither YDACS nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.

It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.

Scope of Conditions

You must read and agree to these conditions before making any other use of the site. If you do not agree to these conditions, you must not use the site. By making use of the site, you accept and agree to be bound by these conditions. These conditions apply to all use of the site including use of sections which are subject to additional specific conditions. Your use of any section of the site which is subject to specific conditions is subject to your prior acceptance of those specific conditions.

Security and Availability

There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorized access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.

Consequently, The Youth Digital Arts Cyber School is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.

Severance

If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

Third Party Material

The site may include content or references supplied by users or other third parties (“third party material”). The Youth Digital Arts Cyber School does not monitor and accepts no liability for third party material.

Any opinions, advice, statements, services, offers or other information contained in third party material is the responsibility of the respective author(s), distributor(s) or providers of that third party material.

YDACS makes no representation and gives no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party material or the identity, knowledge or qualifications of any third party material provider.

Your access to and reliance on third party material is entirely at your own risk. References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by YDACS, and such references shall not be used for advertising or product endorsement purposes.

Viruses

The Youth Digital Arts Cyber School cannot and does not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Warranties / Accuracy of Data

The website provides information on an "as is" basis. Subject to any non-excludable rights, all express or implied conditions or warranties of any kind (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights) are excluded.