These terms and conditions (the “terms”) are a legal contract between you and Down Syndrome Adventures. the terms explain how you are permitted to use the website located at the url: www.DownSyndromeAdventures.com as well as all associated sites linked to www.DownSyndromeAdventures.com by Down Syndrome Adventures, its subsidiaries and affiliated companies (collectively, the “site”). unless otherwise specificed, all references to “site” include the content, services available through this site (the “services”) and any software that DownSyndromeAdventures provides to you that allows you to access the site from a mobile device (a “mobile application”). by using this site, you are agreeing to all the terms; if you do not agree with any of these terms, do not access or otherwise use this site or any information contained on this site.
Note: these terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these terms and with respect to disputes you may have with Down Syndrome Adventures™. you may opt out of the binding individual arbitration and class action waiver as provided below.
Down Syndrome Adventures™ may make changes to the content and Services offered on the Site at any time. Down Syndrome Adventures™ can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after Down Syndrome Adventures™ has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Down Syndrome Adventures™ if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Down Syndrome Adventures™ or the Site.
Down Syndrome Adventures™ provides content through the Site that is copyrighted and/or trademarked work of Down Syndrome Adventures™ or Down Syndrome Adventures’ third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Down Syndrome Adventures™ hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Down Syndrome Adventures, LLC. If you have a question or complaint regarding the Site or Service, please contact Customer Service at the email provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Using the Site and the Services on the Site
You can simply view the Site. You need not register with Down Syndrome Adventures to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (such as to save and post photos, videos, notes, comments and reviews), you must register with Down Syndrome Adventures for an account and create a password.
Password Restricted Areas of this Site
If you desire to register for an account with Down Syndrome Adventures, you must submit the following information through the account registration page on the Site: name, e-mail address and password. Once you have submitted your account registration information, Down Syndrome Adventures administrator shall have the right to approve or reject the requested registration, in Down Syndrome Adventures administrator’s sole discretion.
Currently, Down Syndrome Adventures also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Facebook (each, a “Third-Party Site Password”). You are responsible for maintaining the confidentiality of your password and any Third-Party Site Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Down Syndrome Adventures if any of your Passwords on this Site are lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
System Requirements. You must have a broadband Internet connection and the browser and media players set forth on under System Requirements to view the Site and make use of certain Services and Materials.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Down Syndrome Adventures to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Down Syndrome Adventures reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Down Syndrome Adventures determines is inappropriate or disruptive to this Site or to any other user of this Site. Down Syndrome Adventures may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Down Syndrome Adventures’ discretion, Down Syndrome Adventures will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Down Syndrome Adventures and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Down Syndrome Adventures or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Down Syndrome Adventures® is a registered trademark of Down Syndrome Adventures in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Down Syndrome Adventures, Copyright © 2014 Down Syndrome Adventures. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
Down Syndrome Adventures respects the intellectual property rights of others, and we ask you to do the same. Down Syndrome Adventures may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Down Syndrome Adventures’ designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
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 at the Site, and information reasonably sufficient to permit Down Syndrome Adventures to locate the material.
Information reasonably sufficient to permit Down Syndrome Adventures to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Down Syndrome Adventures’ agent for notice of claims of copyright or trademark infringement on this Site can be reached via Contact Us below.