Terms and Conditions (Policy)

Last updated November 1st, 2019

Consent To Terms 

Your use of the Pass It Down Website and platform (the "website" or the "Service") is 

subject to these Terms of Service. "Pass It Down" means PassItDown.com and all platforms built on the propiertary Pass It Down platform technology. Pass It Down is a Delaware Corporation with a principal place of business at 100 Cherokee Boulevard, Suite 305, Chattanooga, TN 37405. 

Please read the Terms of Service before using the Service. By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please exit the site. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the Pass It Down website. 

Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service. Your continued use of the Service following the posting of updated Terms of Service will mean that you agree to those changes.

COPYRIGHTS

The contents of the Pass It Down website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material from the Pass It Down website without prior written consent of Pass It Down or Pass It Down's counsel. 

Trademarks

The Pass It Down name, logo, and the technical terms associated with the Pass It Down platform and process are the service marks of Pass It Down Inc. All rights reserved. You may not use any Pass It Down Service Marks, logos, or graphics without Pass It Down's prior written consent. Pass It Down's logo is a registered Trademark. 

Framing

Pass It Down does not allow framing of its website. 

Links to the Pass It Down Website 

Pass It Down encourages and permits links to content on the Pass It Down platform. However, Pass It Down is an organization committed to the highest programming standards. Therefore, the links should not suggest that Pass It Down promotes or endorses third party causes, ideas, websites, products or services without prior authorization of Pass It Down. We reserve the right to remove any content placed onto the Pass It Down platform or the Pass It Down website. 

Links to Third Party Sites

Pass It Down may provide links to Internet Sites maintained by third parties, over which Pass It Down has no control. Pass It Down does not endorse the content, operators, products or services of such sites, and Pass It Down is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Pass It Down 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, products or services available on or through such sites.

Use of the Service 

  1. If you use the Service, including by making comments on the Pass It Down blog, or by submitting content to the platform either as a licensee or a third party, your use is subject to the following rules:
  2. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
  3. You may not remove, obscure or alter any proprietary rights notices (such as copyright or trademark notices) which may be affixed to or contained within the Service.
  4. While we do not seek to limit expression of ideas, lewd, obscene, pornographic, racist, belligerent, commercial, or sexually explicit language will not be tolerated on the Pass It Down blog or platform. Pass It Down may delete any post that we deem to contain foul language or to be otherwise inappropriate without warning. In the case of repeated offenses, Pass It Down retains the right to terminate your posting privileges.
  5. Pass It Down does not object to language submitted by clients that's gathered in the normal course of their oral histories or archives unless such content is used to promote inapproriate content, hate, or pornography,
  6. We do not tolerate communications that may be unlawful or harmful to other Pass It Down users. We do not tolerate blog comments that aim to insult anyone or are hateful, harassing or abusive.
  7. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. For example, if you post an article from a newspaper or magazine, song lyrics or graphics, you need to either own the copyright in the posted material or otherwise have permission to post the material. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded or transmitted materials will be owned by or licensed to you or in the public domain.
  8. If we determine that removal of a blog post or other content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.
  9. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the website to distribute chain letters, mass mailings or “spam” or to gather e-mail addresses for the purpose of sending “spam” to other users of the website.
  10. Pass It Down is not responsible or liable for any materials posted on the Pass It Down Blog or Platform posted, uploaded or transmitted on or through the website by you or others. Pass It Down cannot veryify the accuracy of statements that users place on the Pass It Down blog or Platforms and does not guarantee that any material posted, uploaded or transmitted has been done with the permission of the copyright or proprietary owner or is otherwise in compliance with the rules of the terms of Service.
  11. Persons under the age of eighteen (18) MUST obtain parental permission before registering for the Pass It Down blog or Newsletter.
  12. posting, uploading or transmitting material on or through the Service, or providing personal information to register for the Service. Children under the age of thirteen (13) are NOT eligible to participate in the Service, even with parental consent.
  13. By using the Service, you agree to abide by these rules. You acknowledge that Pass It Down has the right (but not the obligation) to pre-screen, review, filter, modify, refuse, delete, edit or remove material that it deems, in its sole discretion, to be in violation of the rules of the Pass It Down Terms of Service  or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that Pass It Down has the right (but not the obligation)  to limit or terminate access to the Service, including the violation of the rules of the Pass It Down blog or terms of service. 

Indemnity

You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, and (b) your use of the Service complies with these Terms of Service. You agree that you will indemnify and hold harmless Pass It down and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted on the Pass It Down website or platforms. 

Disclaimer 



THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE 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 OR FITNESS FOR A PARTICULAR PURPOSE. WHILE PASS IT DOWN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES PASS IT DOWN MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY
IN NO EVENT WILL PASS IT DOWN , ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILLPASS IT DOWN , ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pass It Down infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice to Pass It Down must include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pass It Down to locate the material on the Service;
  4. the name, address, telephone number and email address (if available) of the complaining party;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed by Pass It Down against you, the DMCA permits you to send Pass It Down a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Pass It Down’ Copyright Agent for notice of claims of copyright infringement as follows:

Pass It Down

100 Cherokee Boulevard, Suite 305

Chattanooga, TN 37405

Email: [email protected] 

The Pass It Down Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Service. Please note that these notifications and counter-notifications are legal notices. Pass It Down may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.

INTERNATIONAL USERS

The website is controlled and operated within the United States. Pass It Down makes no representation that content, materials or products available on or through the website are appropriate or available for use outside of the United States. If you access the website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

MISCELLANEOUS

These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Pass It Down website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service shall be governed by and construed under Tennessee law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to the website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Tennessee. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.

QUESTIONS

If you have any questions about the Terms of Service, please contact us through the Request Demo form on our website.