National Center for Missing & Exploited Children Terms and Conditions
Please read these Website Terms and Conditions and Privacy Policy (collectively, "Site Terms") carefully before using NCMEC's websites (the "Sites"). By using the Sites, you agree to be bound by the Site Terms. If you do not agree with the Site Terms, do not use the Sites.
GENERAL
The Site Terms apply exclusively to your access to and use of the Sites, including but not limited to www.missingkids.org, www.netsmartz.org, www.nsteens.org, www.kidsmartz.org and form a binding agreement between you and NCMEC. You also agree to be bound by any additional terms that may be posted regarding individual sections of the Sites. Please review NCMEC's Privacy Policy, which also applies to your use of the Sites.
By using the Sites, you agree that (a) all information you submit, if any, is truthful and accurate; (b) you will not submit any personal information if you are under 13 years old; and (c) your use of the Sites does not violate any applicable law or regulation.
NCMEC reserves the right to modify any Site Terms or any policy relating to the Sites, at any time and in its sole discretion. Modifications will be effective immediately upon posting on the Sites. Your continued use of the Sites after the posting of modifications to the Site Terms will constitute your acceptance of such revisions. You should review the Site Terms and applicable policies from time to time to understand the terms and conditions that govern your use of the Sites. If you do not agree to the revised Site Terms, you must stop using the Sites.
USE OF CONTENT FROM THE SITES
Unless otherwise indicated, NCMEC or its partners own all content on the Sites, including without limitation all copyrights, trademarks, service marks, designs, text, graphics, layout, logos, pictures, audio/video clips, information or data (collectively, the "Content"). All Content owned by NCMEC is protected by U.S. and international copyright, trademark and other intellectual property laws.
Unless otherwise identified as a Permissible Use, no Content can be used commercially, resold, redistributed, reproduced, displayed, republished, digitized, translated, modified, publicly displayed, publicly performed or used for other than its intended purpose. Additionally, you must refrain from any: (a) derivative use of the Content; (b) use of data mining, robots or similar data gathering or extraction methods or (c) framing, inline linking or mirroring any portion of the Sites.
Nothing in the Site Terms or Privacy Policy should be construed as conferring in any way any license or right to any of NCMEC's intellectual property rights. NCMEC may terminate your access to the Sites at any time for any reason. You agree that NCMEC shall not be liable to you or any third party for terminating your access to the Sites. Your obligations under the Site Terms, which by their nature are intended to survive termination (such as indemnification) shall survive termination of your access to the Sites.
PERMISSIBLE USE OF NCMEC BANNERS, MISSING CHILDREN POSTERS AND LINKS
NCMEC encourages your use of NCMEC banners, NCMEC missing child posters and links to the Sites (the "Permissible Uses") to promote its mission as the nation's clearinghouse on issues concerning missing and exploited children. For more information on the Permissible Uses, please visit www.missingkids.org/Cybertipline.
You may engage in the following activities relating to the Permissible Uses provided that your use complies with and you agree to the following terms and conditions:
- You will not modify the Content in any way unless specifically authorized in writing by NCMEC.
- You will not delete or alter any copyright, trademark or other intellectual property or proprietary notices contained in the Content.
- You will not use the Content: (i) for any commercial, fundraising or sponsorship purpose; (ii) in any way that may create the impression NCMEC benefits from the sale of your goods or services; or (iii) in any way that may create an impression of endorsement, affiliation, partnership or sponsorship by NCMEC of any individual, entity, product, goods, services, program, event or website.
- You will not use the Content in any way that may tarnish NCMEC's name or reputation, including without limitation any use that NCMEC in its sole discretion determines to be lewd, obscene, vulgar, harassing, defamatory, offensive, objectionable or inconsistent with NCMEC's mission.
- You agree to immediately remove, destroy or refrain from using the Content if instructed to do so by NCMEC.
For further information about Permissible Uses please contact NCMEC's Office of Legal Counsel at The National Center for Missing & Exploited Children, 333 John Carlyle St, Suite 125, Alexandria, Virginia 22314; telephone number 800-843-5678; legal@ncmec.org.
REPRINT REQUESTS
Requests for permission to use or reproduce any NCMEC publications must be submitted to NCMEC's Office of Legal Counsel. Such requests are reviewed and approved on a case-by-case basis only so long as the terms and conditions identified in the Reprint Request Form are followed. For further information about Reprint Requests please contact NCMEC's Office of Legal Counsel at The National Center for Missing & Exploited Children, 333 John Carlyle St, Suite 125, Alexandria, Virginia 22314; telephone number 800-843-5678; legal@ncmec.org.
TRADEMARKS
1-800-THE-LOST®, 2 SMRT 4U®, BLOG BEWARE®, CHILD PORNOGRAPHY TIPLINE®, CLICKY LIVE®, CLICKY'S WEB WORLD®, CYBERTIPLINE®, DELIVER ME HOME®, DON'T BELIEVE THE TYPE®, HDOP: HELP DELETE ONLINE PREDATORS®, HELP DELETE ONLINE PREDATORS®, I-360®, KNOW THE RULES®, LOCATER®, CVIP®, NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN®, NETSMARTZ®, NETSMARTZ411®, NETSMARTZKIDS®, NSTEENS®, PICTURE THEM HOME®, PROJECT ALERT®, SEX OFFENDER TRACKING TEAM®, TAKE 25®, THINK BEFORE YOU POST®, TYPE SMART. POST WISELY®, USE YOUR NETSMARTZ® and UYN® and other trademarks, service marks, names, logos or slogans contained on the Sites and owned by NCMEC may not be copied, imitated or used, including any use involving metatags or "hidden text," in whole or in part, without the written authorization of NCMEC.
SITES LINKED FROM THIS SITE
The Sites contain links to or frame certain third party websites and also contain or link to certain third party information, materials, communications or other content (collectively, "Third Party Content"). Third Party Content is not under NCMEC's control. NCMEC does not authorize links to or use of Third Party Content. NCMEC does not endorse or assume responsibility or liability for or make any representations or warranties regarding Third Party Content or any products or services offered by third parties on the Sites or in Third Party Content. NCMEC does not intend links on the Sites to be referrals to or endorsements of the linked entities or their products or services. Your use of Third Party Content or any third party products and services is at your own risk and subject to the terms and conditions of the owner of such content.
FEEDBACK AND MATERIALS
Questions, comments, suggestions, materials or other communications regarding the Sites or any NCMEC programs (collectively, "Feedback") sent to NCMEC via any medium, including but not limited to email, facsimile or regular mail, shall be deemed non-confidential and become the sole property of NCMEC. You hereby assign all rights in the Feedback to NCMEC. NCMEC shall have no obligations of any kind relating to the Feedback. Without limiting the foregoing, NCMEC shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation, acknowledgment or compensation to you. You expressly waive any moral rights you may have in the Feedback.
DISCLAIMERS; LIMITATION OF LIABILITY
All content on the Sites is provided on an "as is" basis without express or implied warranty of any kind, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. NCMEC makes no warranty as to the accuracy, completeness or reliability of any content available through the Sites and makes no representations or warranties that use of the Sites will be uninterrupted or error-free.
In no event shall NCMEC be liable to you or any third party for any losses, including without limitation direct, indirect, incidental, consequential or special damages, arising out of or in any way connected with access to or use of the Sites or an inability to access or use the Sites, even if NCMEC has been advised of the possibility of such damages.
INDEMNITY
You agree to defend, indemnify and hold harmless NCMEC, its officers, directors, employees, volunteers and agents (collectively, the "Indemnified Parties") from and against any claims, damages, costs, actions, demands, liabilities, settlements and expenses (including without limitation attorney fees) arising out of or related to your access to or use of the Sites or your inability to access or use the Sites.
TERMINATION; MODIFICATION OR REMOVAL OF CONTENT
Notwithstanding any Site Terms, NCMEC reserves the right, without notice and in its sole discretion, to discontinue the Sites or any services offered through the Sites and to terminate your access to the Sites at any time without notice. In addition, NCMEC reserves the right to delete, edit or modify any and all Content contained on the Sites and any services offered through the Sites at any time without notice.
GOVERNING LAW AND JURISDICTION
The Site Terms and your use of the Sites are governed and construed in accordance with the laws of the Commonwealth of Virginia, without resort to conflict of law provisions. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Virginia over any action or proceeding relating to the Site Terms.
MISCELLANEOUS
The Site Terms set forth the entire understanding and agreement between you and NCMEC with respect to the subject matter hereof. If any provision of the Site Terms is deemed unlawful, void or for any reason unenforceable, then such provision is deemed severed from the Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. NCMEC reserves the right to seek all remedies available at law and in equity for violations of the Site Terms. All rights not expressly granted herein are reserved.
QUESTIONS
If you have questions regarding the Site Terms please contact NCMEC's Office of Legal Counsel at The National Center for Missing & Exploited Children, 333 John Carlyle St, Suite 125, Alexandria, Virginia 22314; telephone number 800-843-5678; legal@ncmec.org.
Website Terms and Conditions Last Updated Date: May 10, 2013