contact us

Effective Date:  October 31, 2011

Welcome to What’s Your Brave? (also referred to as “WYB” or the “Website”). These terms of use (the “Terms”) constitute a binding agreement – and the only agreement – between you and the owners and operators of WYB governing your use of the Website. By visiting the Website, you agree to be bound by all of the terms and conditions of these Terms.  Where applicable, references to WYB shall be deemed to include the owners and operators of WYB, and their agents and assigns.

Parental Consent and Age Requirements

Although WYB contains stories about teenagers, the Website is intended for parents of teenagers.  If you are under the age of 18, you shouldn’t be using our Website without your parents’ consent.  WYB only posts materials from and about children under the age of 18 with permission from their parents.  If you are under age 18 and want to submit a video or a story to WYB, click here so we can get your parents’ permission first.

Changes to these Terms

WYB has included the effective date of our Terms above. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use periodically. These Terms supersede all previous notices or statements regarding the Website.  WYB reserves the right to terminate or discontinue any aspect of the Website in our sole discretion and without any notice including, but not limited to, information or other materials, features and/or hours of availability and we will not be liable to you or to any third party for doing so.

Disclaimer

The Website is not meant to replace professional support or guidance for you, your child, or any other individual. We are not licensed health professionals. If you have any concerns about the welfare and safety of your child or anyone around her please seek medical or other professional help immediately.

Website Content

All of the content you see on the Website is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by WYB and its licensors, or users who register and post content on the Website (“Registered Users”).  All of the content is protected under the copyright and intellectual property laws of the United States and other countries. You may review and display the content from the Website solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from WYB. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by WYB. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.

Copyright Infringement

WYB respects the intellectual property of others. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
WYB’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email:
info@whatsyourbrave.com

By mail:
WhatsYourBrave
Boxborough, MA 01719

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Content and Comments Posted by WYB Users

WYB is intended to be an Internet destination where individuals may exchange viewpoints and ideas. The interactive nature of postings on WYB makes it impossible for WYB to assume responsibility for the materials posted by our users.   All stories, photos, videos, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to WYB on or by the Website or otherwise disclosed, submitted or offered to WYB  are referred to in these Terms and Conditions as “User Content”.  User Content is not endorsed by WYB, and we make no guarantee regarding the reliability, accuracy or quality of any User Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness or usefulness of such User Content. All User Content posted to the website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.

WYB does not claim any ownership rights in User Content. By submitting User Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to WYB or posting it on the website, you expressly grant WYB a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the User Content in any form, including, without limitation, on the WYB website or other affiliated or related WYB ventures, such as books, films or other compilations of WYB content. This license is sublicensable (so that WYB is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the WYB website and any other WYB services), and transferable (in connection with a merger, acquisition, corporate reorganization of WYB, or sale of all or substantially all of WYB’s assets). This license will continue perpetually unless and until you remove your User Content from the WYB website and notify WYB that WYB no longer has the right to use it, provided that in the event that User Content is published in an affiliated WYB venture such as a book, video, film or anthology such license shall be irrevocable as to such publication (meaning, for example, WYB shall not be obligated to cease publication of a book in the event your remove User Content from the website). If you choose to remove your User Content, the license granted here will automatically expire; however, you acknowledge that WYB may retain archived copies of your User Content. In addition, nothing is deemed to prevent WYB from posting or otherwise using or continuing to use at any time any non-copyrightable material that may have been included in User Content.

If choose to post User Content on WYB Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of WYB reflects your respect for the legal rights of Registered Users connected with WYB. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list). You acknowledge that WYB may or may not pre-screen or monitor User Content), but that WYB and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, monitor, move or remove any User Content from the website, with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the website and to any and all User Content you post on WYB, including, without limitation, text, data, graphics, audio or video content, music, sound, chat, messages, files or other materials. You may not:

  • Upload, post, email or otherwise transmit any User Content that
    1. is libelous or defamatory, pornographic, sexually explicit, unlawful, plagiarized, or which is hateful or derisive to any culture, religion or nationality;
    2. infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right of any third party;
    3. breaches a duty of confidentiality by which you are bound;
    4. a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
    5. a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    6. constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent);
    7. constitutes a misrepresentation of facts or hate speech;
    8. violates or encourages others to violate any applicable law, statute, ordinance or regulation;
    9. promotes software or services that deliver unsolicited email or spam;
    10. contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
    11. Harm minors in any way; or
    12. Contains sexually explicit images or materials;
    13. Promote the use and abuse of alcohol, drugs or other controlled substances.
    • Solicit personal information from anyone under 18;
    • Use or create inappropriate screen names;
    • Provide false or deceptive information (including impersonating another person or entity);
    • Do anything to prevent the full and complete display of advertisements on WYB pages. These include, but are not limited to, making blog style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the website; or
    • Allow usage by others in such a way as to violate these Terms.

You may not, except with WYB’s express advance authorization or in a specially designated area (e.g., account settings), use the website to:

  • upload, post, email or otherwise transmit any User Content that provides any telephone numbers, street addresses, last names, URLs or email address;
  • engage in commercial activities within WYB (such as by advertising or selling products or services or inducing any user of the Website to enroll in a promotional or money-making enterprise); or
  • solicit donations for any purpose.

Although WYB provides these rules of conduct for users of the Website, WYB does not control and is not responsible for users’ activities regarding the website. WYB assumes no responsibility for monitoring User Content or conduct that may violate these Terms, including these Rules of Conduct. With regard to any third party rights, WYB relies on other users’ representations that they are either the creator of User Content or have authorization to distribute it. If at any time WYB chooses, in its sole discretion, to monitor or investigate any User Content or conduct, WYB nonetheless assumes no responsibility for such User Content or conduct, and no obligation to modify or remove any User Content or take any action with respect to such conduct.

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.

WYB specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:

  • Impersonating another person;
  • Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  • Attempting to interfere in any way with the Website's or WYB's networks or network security, or attempting to use the Website to gain unauthorized access to any other computer system.

Privacy

Your information is subject to WYB's Privacy Policy. For more information, see our full Privacy Policy [insert hyperlink here]. You agree to the use of your information in accordance with our Privacy Policy.

Inaccuracy Disclaimer

From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms, WYB reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Password Security

If you register for an account with WYB, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.

Links

The Website may provide links to other World Wide Web sites or resources. Because WYB has no control over such sites and resources, WYB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. WYB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. WYB reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site. Permission must be granted by WYB for any type of link to the Website. To request our permission, you may write to WYB at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time.

Order Processing

WYB will use commercially reasonable efforts to process orders placed on our Website within the timeframes specified at the time the order is placed.  WYB cannot guarantee that orders will be processed, or received, by a particular date.  Order specifications and shipping fees will be disclosed at the time orders are placed.

Colors

We have done our best to display as accurately as possible the colors of the photographs and other products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimer of Warranties, Limitation of Liability &Indemnification

"AS AVAILABLE" BASIS. WYB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WYB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WYB DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM WYB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WYB NOR ITS AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold WYB and its affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or your violation of these.

Security

Violations of system or network security may result in civil or criminal liability. WYB will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

    1. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    2. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
    4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Location of Use

WYB controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website or purchase products from the Website  from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you access the Website from locations outside the United States you agree that any information you provide to or though the Website may be processed in the United States.

Termination of Access

WYB may terminate your access, or suspend your access to all or part of the Website, without notice, in WYB's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that WYB, in its sole discretion, believes is a violation of these Terms, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, WYB, or its affiliates.

Governing Law

These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. You agree that any claim or dispute you may have against WYB must be resolved by a court located in Boston, Massachusetts. You agree to submit to the personal jurisdiction of the courts located within Boston, Massachusetts for the purpose of litigating all claims or disputes.

Waiver and Severability

The failure of WYB to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Contact Information

To contact WYB with any questions or concerns in connection with these Terms or the Website, or to provide notice to WYB, you can email or write us at the following:
Paula Grieco-Page/Liz McHutcheon
info@whatsyourbrave.com
WhatsYourBrave
Boxborough, MA 01719