Terms of use

• Terms and conditions for your use of our websites
• Copyright and trademark ownership
• Posting and uploading content at our social networking sites and blogs

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These Terms of Use, our Privacy Policy and our  Link Policy (“MOD Policies”) govern the use of the March of Dimes websites and mobile applications (“MOD Sites”) and the information, services, products, messages, and other content and materials (“Materials”) provided to our visitors. By using our websites and downloading our mobile applications, you agree to these Terms of Use and the MOD Policies.

Use of MOD Web Site Materials
The Materials contained on the MOD Sites are provided for educational and informational purposes only. The March of Dimes is not engaged in rendering medical advice or recommendations. The Materials are not a substitute for professional medical advice and treatment or your consultation with qualified physicians and other health care professionals regarding your individual health needs.
We encourage you to take note of the signature date provided at the end of the text of documents contained on the MOD Sites. Ongoing advancements in scientific, medical, health care, technology and other related fields may outdate or alter the overall usefulness and accuracy of the Materials we have made available to you. As you view those MOD Site documents, please take their signature dates into consideration.

Copyrights
Individual documents specifically provided for you to download are copyrighted by the March of Dimes and may be downloaded for personal, non-commercial use only. Permission to otherwise reprint, copy, electronically reproduce, or use any document on the MOD Sites, in part or in whole, is expressly prohibited unless prior written consent is obtained from the March of Dimes. In order to obtain consent please contact the March of Dimes Foundation, 1275 Mamaroneck Avenue, White Plains, New York 10605, (914) 997-4488. To send your request by e-mail, go to Contact Us.

The MOD Sites and all other content that may be found at the MOD Sites, including software, text, illustrations, graphic material, designs, photographs, video or audio clips, product listings and descriptions, and the organization of the database are protected by copyright and are owned by or licensed to the March of Dimes and may not be copied in any manner, reprinted, modified, distributed or otherwise exploited.

Text, graphics, illustrations, photographs, videos, images and other content that have been posted, uploaded or otherwise submitted by users of the MOD Sites are owned by the user and licensed to March of Dimes and may not be reproduced, displayed, modified or distributed in any way.

We encourage you to use the widgets, badges and other tools available through the MOD Sites. You agree that in using these tools, you will not modify their content, that you will include all copyright notices and trademark symbols, without modification, that you will not use them in a manner that would imply endorsement by the March of Dimes of your or any third party’s web site, products or services or any causes other than those of the March of Dimes, and that you will not use them in any way that is illegal or harmful to any third party or would demean, defame, embarrass, diminish or cause any harm to the March of Dimes.

Trademarks
March of Dimes® and other March of Dimes event and program names and logos (“MOD Marks”) are trademarks or service marks of the March of Dimes Foundation and may not be used without the prior written consent of the March of Dimes, except that you shall have the right and obligation to maintain the name of the March of Dimes appearing in the copyright notice on any Materials.

Creating Accounts and Communicating with March of Dimes
When you sign up to take part in events, submit photographs or video, participate in online discussions or message boards, or purchase products you will be asked to create an account and provide a password. You are responsible for maintaining the confidentiality of your account and password and agree to accept responsibility for all activities that occur under your account or password.

Registration data and other personal information you provide are subject to the March of Dimes Privacy Policy.

When you communicate with March of Dimes in any way, you may not use a false e-mail address, impersonate any person or mislead as to the origin of your communication. March of Dimes takes no responsibility and assumes no liability for any content represented by you or any third party.


Using the MOD Sites and Submitting User Materials
At certain of the MOD Sites, you may post, upload, transmit (“Submit”) comments, messages, text, photographs, videos or other content and materials (“User Materials”).

When you Submit any User Materials, you represent that such User Materials are unique to you or are used with permission of the copyright holder and you have received the permission of any person appearing in the photograph or video. You retain the copyright and other rights in the User Materials. However, by submitting the User Materials to the MOD Sites you hereby grant to March of Dimes a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display and otherwise use the User Materials in any and all media in the sole discretion of the March of Dimes in support of its mission and its fundraising efforts.

User Materials submitted by users to the MOD Sites are the sole responsibility of the person who posts them and any opinions or views expressed are those of the individual users. You understand that you may be exposed to User Materials that may be offensive, indecent or objectionable.

The March of Dimes does not control any User Materials, is not responsible for their accuracy, and is not liable in any way for such User Materials. However, March of Dimes reserves the right in its sole discretion to (i) edit or delete any User Materials submitted to or appearing on the MOD Sites, and (ii) refuse access to the MOD Sites to any user.

By using the MOD Sites, you agree to abide by the following rules:

1. You may not Submit User Materials:

• That are libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful.
• That infringe the property rights of others (including, without limitation, another person’s copyright or trademark), or violate the privacy or publicity rights of others.
• That violate any law.

2. You may not use the MOD Sites:

• To conduct any activity that is illegal.
• To harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
• To advertise or sell products or services to others.
• To send unwanted email or “Spam.”

3. You may not transmit software viruses or other code, files or programs designed to interfere with the functionality of the MOD Sites or the ability of other visitors to use the MOD Sites as intended, or interfere in any other way with the use and enjoyment of other visitors to the MOD Sites.

4. You may not crawl, scrape or cache any content from the MOD Sites, including personal information or User Materials, or collect or store any personal information of other users without their express permission.

5. You may not exploit the MOD Sites in any unauthorized way, including but not limited to, by trespass or burdening network capacity.

Digital Millenium Copyright Act (DMCA)
March of Dimes respects the intellectual property rights of others. If you believe that any material appearing on the MOD Sites has been copied in a way that constitutes copyright infringement, please contact the March of Dimes Agent for Notice of copyright claims as follows:

Anne Chehebar
Legal Department
March of Dimes Foundation
1275 Mamaroneck Avenue
White Plains, N.Y. 10605
Tel: 914-997-4626
Fax: 914-997-4532
Email: legalip@marchofdimes.com

This information is for the purpose of contacting the Agent for Notice of copyright claims only. To contact the March of Dimes for any other reason, please go to our Contact Us page.

Mobile Applications
March of Dimes grants you a non-exclusive, non-transferable, revocable license to use the software (the “Licensed Application”) to access the March of Dimes mobile applications for your personal use on any mobile device that you own or control. You agree that you will not:

• Copy, decompile, reverse engineer, disassemble, modify or create derivative works of the Licensed Application.
• Rent, lease, sell, redistribute, sublicense or otherwise transfer the Licensed Application.
• Remove, circumvent, disable or otherwise interfere with the security features of the Licensed Application which prevent copying of the Licensed Application.
• Delete the copyright and other proprietary rights notices and symbols on the Licensed Application.

From time to time, March of Dimes may electronically upgrade versions of the Licensed Application and you consent to any automatic upgrading on your mobile device and agree that these Terms of Use will apply to all such upgrades.

If you purchase any Licensed Application through the iTunes store, you acknowledge and agree that:

1. These Terms of Use are between you and March of Dimes, not Apple, and March of Dimes is solely responsible for:

• The Licensed Application and its content.
• All maintenance and support of the Licensed Application. Apple has no obligation whatsoever to furnish any such services.
• The investigation, defense, settlement and discharge of any claim made by a third party that the Licensed Application or an end-user’s possession and use of the Licensed Application infringes that third party’s intellectual property rights.

2. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple and Apple will refund the purchase price for the Licensed Application to that end-user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use and any law applicable to March of Dimes as owner and distributor of the software.

3. March of Dimes, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-users possession and/or use of the Licensed Application, including, but not limited to, any (i) product liability claims; (ii) claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

4. Your use of the Licensed Application must comply with the App Store Terms of Service.

5. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against any end-user as a third party beneficiary thereof.

6. You will comply with any applicable third-party terms of agreement – such as the wireless data service agreement -- when using the Licensed Application.

You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Licensed Application, you can contact the March of Dimes by mail, telephone or email through our Contact Us page.

Electronic Communications
When you create an account, purchase products or contact us by email, you are communicating with us electronically and you consent to receive communications from us electronically and agree that such communications satisfy any legal requirement that these communications be in writing.

Online Product Catalog
March of Dimes attempts to be as accurate as possible when describing its products. However, March of Dimes does not warrant that the product descriptions or other content is accurate complete, reliable, current, or error-free.
If you are under 18, you may use the March of Dimes Online Product Catalog only with the involvement of a parent or guardian. March of Dimes reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

Links to March of Dimes Sites
The March of Dimes encourages you to appropriately link to our web site, subject to our Link Policy. You may not frame the content of the MOD Sites or use metatags or other “hidden text” that incorporates the March of Dimes name or any MOD Marks without our prior written consent.

Links to Third Party Sites
The MOD Sites contain links to other websites that we think may be of interest to you. The linking to such websites does not constitute endorsement of those websites. The March of Dimes has no control over those websites, makes no representation as to the quality, content, copyright compliance or accuracy of those websites, and assumes no liability with respect to them. These websites are governed by their own terms of use and privacy policies to which you are directed.

Disclaimer

THE MOD SITES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE MOD SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, QUIET ENJOYMENT AND NON- INFRINGEMENT. MARCH OF DIMES DOES NOT WARRANT THAT THE SERVICE ON THE MOD SITES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER SIMILAR FEATURES. MARCH OF DIMES DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOD SITES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE MOD SITES OR THROUGH LINKS ON THE MOD SITES. THE USE OF THE MOD SITES IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT WILL MARCH OF DIMES, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT MARCH OF DIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OR INABILITY TO USE THE MOD SITES; (B) ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE MOD SITES; OR (C) ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THIS LIMITATION MAY NOT APPLY TO YOU.

Governing Law

These Terms of Use shall be governed by the laws of the State of New York applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of New York, County of Westchester, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Attorney General Mandated State Disclosure

You may obtain a copy of the March of Dimes annual financial report by writing to March of Dimes Foundation, Box 2000, White Plains, NY 10602 (914) 428-7100.In FLORIDA, A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 1-800-435-7352, TOLL-FREE WITHIN THE STATE. Our Florida registration number is: CH 569. In Georgia, a full and fair description of the programs and activities of the March of Dimes and its financial statement are available at www.marchofdimes.com. In Maryland, copies of documents and information submitted by March of Dimes are available for the cost of copies and postage from the Secretary of State, Statehouse, Annapolis, MD21401, 1410-974-5534. In Mississippi, the official registration and financial information of March of Dimes may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. In New Jersey, INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.njconsumeraffairs.gov/ocp.htm#charity. New York residents may obtain a copy of March of Dimes’ annual report by writing to the Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271. In North Carolina, financial information about March of Dimes and a copy of its license are available from the State Solicitation Licensing Branch at (888) 830-4989. In Pennsylvania, the official registration and financial information of March of Dimes may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. In Virginia, a financial statement for the most recent fiscal year is available upon request from the State Division of Consumer Affairs, P.O. Box 1163, Richmond, VA 23209, 1-804-786-1343. In Washington, you may obtain additional financial disclosure information by contacting the Secretary of State at 1-800-332-GIVE. West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. REGISTRATION WITH THE AGENCIES DESCRIBED ABOVE DOES NOT IMPLY ENDORSEMENT.

These Terms of Use are subject to change without notice and become effective upon posting. Please check the site periodically for updates.

Effective Date: as of November 13, 2012

©2012 March of Dimes Foundation. All rights reserved. The March of Dimes Foundation is a not-for-profit organization recognized as tax-exempt under Internal Revenue code Section 501(c)(3). Our mission is to improve the health of babies by preventing birth defects, premature birth and infant mortality.