MISSINGCHILDFOUNDATION.ORG TERMS OF SERVICE

PLEASE READ AND REVIEW THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SOFTWARE AND OR WEBSITE. YOUR USE OF THIS SOFTWARE THIS , WEBSITE OR ANY PART OF THE SERVICE, INCLUDING CREATING A PROFILE OR PURCHASING ANY SERVICES OR PRODUCTS OFFERED AT THE WEBSITE, CONFIRMS AND CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT MODIFICATION BY YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, DO NOT USE THIS E WEBSITE. AND OR SOFTWARE.
1. Use of Site.
a. Acceptance of Terms. The Missing Child Foundation TM software and website , www.MissingChildFoundation.ORGTM (this “Site”), is owned and operated by National Child Alert System, LLC (the Company”) and/or its affiliates herein referred to as NCAS, a Virginia limited liability company. The use of this Site Software is governed by these Terms of Services (these “Terms of Service”) Your use of this Site Software, Website or any part of the Service constitutes your acceptance of these Terms of Service. this EULA. The terms “we” “us” or “our” as used in these Terms of Service refer to the Company NCAS and any of its affiliates. THESE TERMS OF SERVICE CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION.
b. Modification of Terms of Service. From time to time, we may, without notice, update and make additions, deletions, or other modifications to these Terms of Service. We encourage you to periodically review this these Terms of Service. You agree to be bound by all of the provisions of this these Terms of Service that are displayed on this Site on the date that you use first this Site or any part of the Service.
c. Description of the Service. We provide, through this Site, various services, products and access to resources relating to the recovery of missing children. The primary service currently offered through the Site is an application and process (the “Program” which is one that enables parents to create and access a profile of each of their children containing a two-dimensional photographs and certain descriptive information (a “Profile”). The Program is currently available as on-line only access. NCAS, is currently working on applications and tools that may provide for (i) the creation of Profiles utilizing three-dimensional interactive images of a child; and (ii) the rapid transmission of images and information contained within a Profile to law enforcement authorities and other appropriate parties. Additional services and features offered through this Site, may include (1) the display and provision of information (including promotional and educational information, and endorsements and testimonials), copyrighted works, photographs, text, music, video, sound, graphics, messages, and other materials, including materials owned by third parties (all of the foregoing made available on, or accessible at, this Site by us shall be referred to herein, collectively, as “Content,”); and (2) the advertisement, offering and sale of other services in addition to services relating to the creation of Profiles (“Additional Services”). All services, features, tools, applications, software, and programs, and products that are available on or through this this Site, including without limitation, the Program and all other software, tools and programs relating to the creation, modification and display of Profiles, shall be referred to in these Terms of Service, collectively, as the “Service.” In order for you to access and use the Program or other software offered or made available at this Site, you may be required to agree to the terms of a separate End-User License Agreement (an “EULA”) which will govern your use of the Program or such software. The EULA for the Program contains specific terms and requirements concerning the creation and maintenance of Profiles.
d. Scope of Use. Subject to these Terms of Use, you may use the Site and Program, Website and the Service only for your own personal, lawful, non-commercial purposes. Law enforcement officials and other appropriate parties involved in the prevention of child abduction and the recovery of missing children may use this this Site and Website for lawful and legitimate purposes relating to such duties and functions when access is granted by you, or required by law. demanded by any lawfully governing court of jurisdiction. You shall not execute any transaction through this Site or Website other than for yourself or for another person for whom you are legally authorized to act. You may not use this Site , Website or any part of the Service in any way that is unlawful, or harms NCAS, or any of its affiliates, resellers, distributors, service providers, suppliers or customers. You shall not license, sublicense, sell, or resell any part of the Service offered through this Site. or at the Website.
2. Profiles.
a. User Account. In order to establish an online Profile for your child, you must register and create an account(a “User Account”). In order to establish a User Account, you must provide certain personally identifiable information (“Registration Information”), including your name, address, telephone number and e-mail address. In addition, you must pay the applicable fee by providing a valid credit card number, together with other information requested by NCAS that is necessary to verify your credit card information and to bill your credit card (“Credit Card Information”). If you establish a User Account, you agree to keep current, and promptly update, any Registration Information. By establishing a User Account, you represent and warrant to NCAS that (i) you are over the age of eighteen (18) years; (ii) all Registration Information and Credit Card Information you provide is accurate and complete; and (iii) you are not prohibited or barred under any applicable law, statute, rule, regulation of ordinance from accessing or using this Site, or any part of the Service.
b. Login and Password. During the registration process, you shall be asked to select a unique Login and Password (“Log-In Information”). NCAS shall endeavor to assign to you such Log-In Information that you request, provided that it complies with the requirements established by NCAS, but NCAS does not represent or warrant that such Log-In Information will be available for your use. You shall secure and maintain the confidentiality of your Log-In Information and you shall be solely responsible for all acts and omissions taken by any party
Using your Log-In Information. You shall immediately notify NCAS in the event of any known or suspected unauthorized use or disclosure of your Log-In Information, or any other act or omission that threatens to impair the security or integrity of this Site, any Profile, or any part of the Service. YOUR LOGIN INFORMATION WILL PROVIDE ACCESS TO YOUR PROFILE, WHICH CONTAINS PERSONAL INFORMATION CONCERNING YOUR CHILDREN. A PERSON ACCESSING YOUR PROFILE MAY ALSO MODIFY THE INFORMATION CONTAINED THEREIN CONCERNING YOUR CHILDREN. ACCORDINGLY, YOU SHOULD CAREFULLY SAFEGUARD YOUR LOGIN INFORMATION AND SHOULD NOT DISCLOSE IT TO ANY OTHER PERSON EXCEPT TO A PERSON THAT YOU TRUST TO ONLY ACCESS YOUR PROFILE IN AN EMERGENCY OR FOR OTHER LEGITIMATE PURPOSES. NCAS expressly disclaims any and all liability arising out of any access of your Profile by any person, entity, or organization.
c. Profile. Upon successful completion of the registration process, you may create a Profile (“your Profile”) for up to 10 children to whom you are the parent or legal guardian of, and for whom you have paid the appropriate fee.
i. Photographs. For each child, your Profile may contain (1) up to eight two-dimensional images of your child if you have purchased a two-dimensional Profile; and (2) one (1) three-dimensional image of your child if you have purchased a three-dimensional Profile if and when the three-dimensional profile images are available. All photographs of your children (“Child Photographs”) must comply with the then-current technical and size requirements posted at the www.MissingChildFoundation.ORG site by NCAS. Instructions for taking and uploading appropriate photographs are posted at this Site. You must not upload any photographs in violation of the copyright of any other person or entity. By uploading any photographs to this Site, you represent and warrant to NCAS that you own all right, title, and interest in and to such photographs, including the copyright therein, or that you have all necessary rights and permission to upload such photographs to this Site for use in your Profile.
ii. Child Information. For each child, you may provide certain information in your Profile, including (1) basic identifiable information, including your child’s name, gender, and age; (2) physical information, including height, weight, hair color, and eye color; (3) basic medical information, including food and drug allergies; (4) information concerning the school attended by your child; and (5) popular places and locations where your child may frequent, such as a friend’s house or public park. All information included in your Profile shall be referred to as “Child Information.” You are not required to provide any specific Child Information, and you should only provide such Child Information that you feel totally comfortable with providing and including in the Profile. You may delete, amend, or modify any Child Information at any time by accessing your Account. In the event that you child goes missing, you may amend the Profile to include additional Child Information, such as where your child was last seen and any pertinent circumstances regarding his or her disappearance. You acknowledge that online access, and complete online profile information is required to utilize certain online-only features of the Missing Child Foundation site, such as KidzBlast and KidzMap.
d. Suspension or Termination of Profile. With respect to your Profile, you represent and warrant to NCAS that: (i) you are the custodial parent or legal guardian of each child that is included in your Profile, or that you have been granted written permission by the parent or legal guardian of each such child to create your Profile and to upload and include the Child Photographs and Child Information contained in your Profile; (ii) the Child Photographs of each child included within your Profile are accurate and current photographs of such child; and (iii) all Child Information relating to each child included within your Profile is accurate to the best of your knowledge and belief.
NCAS shall have the right, in its sole and absolute discretion, but not the obligation to, without notice, to temporarily or permanently remove or delete your Profile or your ability to access your Profile if NCAS reasonably suspects or believes that (1) any of the foregoing representations are false, inaccurate, or misleading in any material respect; (2) your Profile contains photographs or information concerning a child with respect to whom you are not the custodial parent or legal guardian, or have not been authorized by the parent or legal guardian of such child to upload or post such photographs or information; (3) any Child Photographs or Child Information are false or misleading, or (4) your Profile contains any information that NCAS deems, in its sole discretion, to be libelous, defamatory, obscene, pornographic, or that has been posted or included in violation of any applicable laws, statutes, rules, regulations, or ordinances. In the event of any suspension or deletion of you Profile, or your access thereto, you shall not be entitled to a refund or any portion of the fees you paid to create such Profile.
23. Purchase Terms.
All prices for products and Profiles and Additional Services offered and sold through this Site are quoted in U.S. Dollars and are valid and effective only in the United States at the time of posting. We reserve the right, with or without notice, at any time to discontinue or change information, availability, and pricing for such products and services, Profiles or for Additional Services, without incurring any obligations to you or any other party. We also reserve the right, with or without notice, to cancel or refuse to honor any request to purchase any product or services, establish a Profile or to obtain any Additional Services.
24. Your Obligations and Agreements.
In addition to any other provision of these Terms of Service, as a condition to your use of this Site, any part of the Service, and/or any Content, you expressly acknowledge and agree that: (a) you are at least 18 years of age; (b) you will not use this Site, any part of the Service, or any Content in violation of any applicable law or in any other manner that would conflict with, or be in violation of, these Terms of Service; (c) you will not reproduce, duplicate, copy, sell, trade, resell, rent, or exploit for any commercial purposes, any portion of the Site or Service; (d) all information you provide to us through this Site will be current, true and complete; (e) you will be financially responsible for all fees, charges, costs, and expenses relating to your purchase of products and services Profiles and Additional Services through this Site and/or otherwise originating from your use of this Site or any part of the Service; and (f) if you provide any information that is incomplete, untrue, inaccurate, or not current, or we have reasonable grounds to suspect that such information is incomplete, untrue, inaccurate, or not current, we have the right to suspend or terminate your access to this Site or any part of the Service, without notice, and to refuse any and all current or future access to, or use of this Site or any part of the Service. You are solely responsible, at your sole cost and expense, for obtaining access to the Internet in order to access this Site and the Service, and paying for all related third-party services, including the services of an Internet service provider.
45. Restrictions on Use.
Your use of this Site and the Service is subject to our intellectual property and proprietary rights and those of third parties. In addition to the terms of Section 24 above, you agree that you shall not:
a. except as expressly authorized in Section 56 below, reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, print, transmit, or create derivative works from, any Content, in whole or in part, by any means now known or later developed.
b. modify, decompile, or reverse engineer any part of the software, processes, or technology used in connection with the operation, display or provision of this Site, Profiles, or the Service (the “ Site Software”).
c. copy, post or transmit any Content to any server, or network of computers.
d. remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Content.
e. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose a burden on or interfere with the normal functioning of this Site or the Service, or restrict the ability of other users to access or use this Site or the Service.
f. violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s trademark, patent, copyright, trade secret, intellectual property, statutory, proprietary, privacy, publicity, or contractual rights, in connection with your use of this Site, the Service or any Content.
g. use this Site, the Service, or any Content in any manner that is unlawful, or harmful, abusive, threatening or harassing.
h. commit any act in violation of these Terms of Service or any applicable law.
56. Limited License.
a. Content. We grant you a personal, limited, revocable, non-exclusive, non-transferable, non sub-licensable license to access and make personal use of this Site, Site Software and the Service. Except where expressly noted otherwise on the Site, this limited license includes the right to print one copy of Content that is available on this Site. To this end, we grant to you a personal, limited, non-exclusive, non-transferable, non-sublicensable, license to view, print, and make one copy, without alteration, of such Content for your private informational and educational purposes only, subject to the following terms and conditions: (i) you may only use Content in print format; (ii) you may not make any commercial use of any Content; (iii) all copyright, trademark or other proprietary notices that appear on Content must appear on all copies of Content that you make, and may not be removed by you or altered in any manner; and (iv) you may not use any Content in any manner that suggests an association between you or any other person or entity and with NCAS, or any of our services or business partners.
b. Profile Information. The foregoing license in Section 6(a) does not apply to any photographs or information Child Photographs or Child Information contained within any Profile (collectively, “Profile Information”). Profile Information is owned by the parent, legal guardian, or authorized party of the children to whom such Profile Information relates (the “Owner”). If an Owner authorizes you to access a Profile, you shall only access such Profile for the purposes expressly authorized by the Owner and, except in connection with lawful, legitimate, and proper attempts to locate a missing child, shall not copy, distribute or disseminate any Profile Information. If the Owner authorizes any Profile Information to be made available at any publicly-accessible portion of this Site, you shall not copy, distribute or disseminate any Profile Information, except in connection with lawful, legitimate and proper attempts to locate a missing child.
67. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE:
A. YOUR USE OF THIS SITE, THE SERVICE, SITE SOFTWARE, CONTENT AND ALL ADDITIONAL SERVICES IS AT YOUR OWN RISK. THIS SITE, THE SERVICE, THE SITE SOFTWARE, THE PROGRAM AND ALL CONTENT PROVIDED ON, OR PRODUCTS AND SERVICES ADVERTISED, PURCHASED OR RECEIVED THROUGH, THIS SITE ARE PROVIDED "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCUARCYACCURACY AND EFFORT IS WITH YOU.
B. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE, THE SERVICE, THE SITE SOFTWARE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES PURCHASED OR RECEIVED THROUGH, THIS SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
C. WE DO NOT WARRANT OR GUARANTEE THAT: (I) ACCESS TO AND USE OF THIS SITE, THE SERVICE, THE SITE SOFTWARE, AND THE CONTENT PROVIDED ON OR THROUGH THIS SITE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE UNINTERRUPTED, FREE OF VIRUSES, ERRORS, HARMFUL COMPONENTS, OR OTHERWISE RELIABLE; OR (II) ANY DEFECTS OR ERRORS WITH THE SITE OR THE SERVICE WILL BE CORRECTED PROMPTLY OR AT ALL. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE OPERABILITY, RELIABILITY, AND PERFORMANCE OF THIS SITE AND THE SERVICE.
D. WHILE WE WILL USE ALL REASONABLE EFFORTS TO ENSURE THAT YOU AND OTHER AUTHORIZED PARTIES CAN ACCESS YOUR PROFILE ONLINE AT ALL TIMES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT BE ABLE TO ACCESS YOUR PROFILE AT ALL TIMES.
WHILE NCAS WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION AND CONTENT ON THIS SITE, YOU SHOULD NOT ASSUME THAT ANY CONTENT OR INFORMATION PROVIDED IS ALWAYS UP-TO-DATE, ACCURATE OR COMPLETE, OR THAT THIS SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THIS SITE, OR OF ANY CONTENT, AND WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY RELATED THERETO. YOUR USE OF, AND RELIANCE UPON, ANY CONTENT IS AT YOUR SOLE RISK.
EF. WHILE NCAS WILL USE REASONABLE SECURITY MEASURES TO PROTECT INFORMATION YOU MAY POST AT THE SITE, OR PROVIDE IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE (INCLUDING YOUR REGISTRATION INFORMATION IF YOU ESTABLISH AN ACCOUNT, YOUR , CREDIT CARD INFORMATION AND ALL PROFILE INFORMATION CONTAINED IN YOUR PROFILE) FROM UNAUTHORIZED ACCESS BY THIRD PARTIES, NCAS DOES NOT AND CAN NOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NOT BE ABLE TO BREACH THE SECURITY MEASURES IMPOSED BY NCAS AND ACCESS ANY SUCH INFORMATION. YOUR REGISTRATION INFORMATION, CREDIT CARD INFORMATION AND THE PROFILE INFORMATION CONTAINED IN YOUR PROFILE. BY PROVIDING ANY INFORMATION TO OR ESTABLISHING A PROFILE, ESTABLISHING AN ACCOUNT AND CREATING A PROFILE, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME SUCH RISK AND RELEASE NCAS FROM ANY AND ALL LIABILITY ARISING OUT OF THE UNAUTHORIZED ACCESS BY THIRD PARTIES OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION, YOUR PROFILE INFORMATION. REGISTRATION INFORMATION, CREDIT CARD INFORMATION AND THE PROFILE INFORMATION CONTAINED IN YOUR PROFILE.
G. THE SERVICE AND PROFILES ARE OFFERED MERELY AS ONE TOOL THAT MAY ASSIST IN THE RECOVERY OF MISSING CHILDREN. NCAS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT YOUR ESTABLISHMENT AND MAINTENANCE OF A PROFILE AND/OR YOUR USE OF THE SITE, THE PROGRAM, AND/OR THE SERVICE WILL RESULT IN THE SAFE RECOVERY OF YOUR CHILD OR ANY CHILD. IN NO WAY IS IT SUGGESTED OR IMPLIED BY NCAS THAT ANY SYSTEM, SOFTWARE OR ONLINE APPLICATION IS INTENDED TO REPLACE LAW ENFORCEMENT OR ANY OTHER OFFICIAL AGENCY (S) IN THE PROCESS OF RECOVERING A MISSING CHILD. FURTHER, IT IS EXPRESSLY RECOMMENDED BY THAT INDICATED THAT YOU AGREE TO CALL 911 OR YOUR LOCAL LAW ENFORCEMENT AGENCY(S) IMMEDIATELY UPON MAKING THE DETERMINATION THAT YOUR CHILD IS MISSING.
78. Limitation of Liability.
IN NO EVENT SHALL, NCAS, OR ANY OF ITS officers, directors, employees, consultants, contractors, agents, affiliates, joint venture partners, and business partners (COLLECTIVELY, “NCAS COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY, (A) YOUR ACCESS, OR USE OF THIS SITE, ANY PART OF THE SERVICE, ANY PART OF THE SITE SOFTWARE, THE PROGRAM OR ANY CONTENT; (B) THESE TERMS OF SERVICE; (C) THE DENIAL OR INTERRUPTION OF YOUR ACCESS TO THIS SITE, YOUR PROFILE, OR THE SERVICE, OR YOUR INABILITY TO ACCESS OR USE THIS SITE, YOUR PROFILE, THE SITE SOFTWARE, OR THE SERVICE; (D) ANY ACT OR OMISSION OF ANY THIRD PARTY USING THIS SITE OR ANY PART OF THE SERVICE; (E) THE TERMINATION OF YOUR RIGHT TO ACCESS THIS SITE, YOUR PROFILE, OR ANY PART OF THE SERVICE; (F) ANY UNAUTHORIZED ACCESS OR USE BY ANY THIRD PARTY OF ANY INFORMATION YOU PROVIDE WHILE USING THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR OF YOUR REGISTRATION INFORMATION OR PROFILE INFORMATION; (G) YOUR USE OF ANY ADDITIONAL SERVICES; AND (H) ANY OTHER MATTER, CIRCUMSTANCE, ACT, OR OMISSION, RELATING TO THIS SITE, THE SERVICE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES ACCESSED OR PURCHASED AT THIS SITE. . THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF NCAS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE EULATOS OR OF IF YOU SEEK TO ASSERT ANY CLAIM AGAINST OR ANY COMPANY PARTY NCAS OR ANY NCAS PARTY ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE, EULATOS, OR YOUR ACCESS AND/OR USE OF THIS SITE, YOUR PROFILE, ANY PART OF THE SERVICE, ANY PART OF THE SITE SOFTWARE, THE PROGRAM, OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE, THE SERVICE, THE SITE SOFTWARE, THE PROGRAM AND THE CONTENT.
89. Indemnification.
You herby agree to indemnify, defend, and hold NCAS and all NCAS Company Parties harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) suffered or incurred by NCAS or any NCAS Company Party in connection with any claim arising out of or relating to (a) any breach by you of these Terms of Service EULATOS; and/or (b) your use of this Site, the Service, the Site Software, THE SOFTWARE and/or any Content. You agree that in the event of any unauthorized use of this Site, the Service, or any Content, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
910. Ownership.
This Site, the Service, the Site Software, the Program and all Content (which does not include Profile Information) are the sole and exclusive property of NCAS, or are utilized and provided by NCAS with the permission of the owner thereof. All intellectual property associated with, or incorporated within, this Site, the Service, the Site Software, the Program and Content, together with all intellectual property rights associated therewith (including the worldwide copyrights therein and all patent, trademark and trade secret rights and protections arising under applicable laws), and all proprietary rights therein, are owned by NCAS or the third party owners thereof. These Terms of Service do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, the Site Software, the Service, the Program, any Content, or any intellectual property or proprietary rights associated with any of the foregoing, except for the limited licenses thereto expressly granted in these Terms of Service or in any applicable EULA.
101. Endorsements.
Images and endorsements of people that are displayed on this Site are either the property of, or used with permission by, NCAS. The reproduction, printing, downloading, display or exploitation of these images or endorsements by you is strictly prohibited. The images, names, comments and endorsements displayed on this Site may have been altered or modified by NCAS to protect the privacy of our endorsers.
112. Trademarks.
All product names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names appearing on this Site, including but not limited to Missing Child Foundation
,™ and whether or not appearing in large print or with the trademark symbol, are trademarks of NCAS, its affiliates, related companies or its licensors or business partners, unless otherwise noted (the “Trademarks”). You agree not to display, use, remove or alter any Trademarks without the prior written consent of NCAS, which NCAS may withhold or condition in its sole discretion. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to you under any patent or trademark of, or any third party. All use of Trademarks and associated goodwill shall inure to the benefit of NCAS or the third-party owner thereof.
123. Links to Other Sites.
From time to time, portions of this Site may provide hyperlinks, framing or other click-thru access to sites owned and operated by persons and entities other than NCAS (“Third-Party Sites”). We are providing these links only as a convenience to you. The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators. Consequently, we accept no responsibility for, and we expressly disclaim any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Service contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted on that Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at any Third Party Site. We encourage you to review those terms and conditions and any privacy statements posted on any Third Party Site, or to contact the operator of the Third Party Site, prior to using or providing any information on, such Third-Party Site.
134. User Submissions.
With respect to any design, idea, concept, suggestion, or other information you communicate to us, electronically, telephonically, in writing or otherwise via this Site or utilizing the Service (“Submissions”), you automatically, and without further action, grant to NCAS a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, sublicense, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology. All Submissions will be treated as non-confidential, non-proprietary and may be freely used by NCAS. Anything you transmit or post via this Site or utilizing the Service may be used by us without any obligation to you or any other party, for any purpose. For each Submission, you represent that you have all rights necessary for you to make the grants you make in this Section 134.
We encourage you not to use, submit or provide any personal or sensitive information beyond what is required for your transactions with us or our affiliates and business partners. We shall have no responsibility for use, misuse, loss or alteration of any information provided by you, including without limitation any materials, ideas or other information that is not requested by us, but is nevertheless provided by you.
145. Privacy Policy.
Any use of personally identifiable information contained in electronic communications to this Site or provided by you using the Service, including any personal information your provide if you establish an on-line account or register at the Site, credit card information, and Registration Information and Profile Information, is governed by our Privacy Policy. This expressly includes Registration Information, Credit Card Information, and Profile Information. You acknowledge and agree that you have read and agree to the terms of our Privacy Policy, the terms of which are expressly incorporated herein. We shall not have any liability to you for any unauthorized access or use by any third party of any personal or financial information about yourself or any member of your family, including Profile Information, that you may provide or disclose via this Site, or while using this Site or any part of the Service. You forever release NCAS from any and all liability for any loss and damage suffered or incurred by you, or any person or entity on whose behalf you are acting, arising out of any unauthorized access or use by any third party of any personal or financial information that you provide or disclose via this Site, or while using this Site or any part of the Service.
156. Notice and Procedure for Making Claims of Copyright Infringement.
We are committed to respecting the intellectual property rights of other parties, and we ask you to do the same. Notifications of claimed copyright infringement for Content displayed, or available, on this Site should be sent to NCAS at the address provided below:
By mail:
Copyright Agent
National Child Alert System, LLC
5176 Harvest Lane
Barboursville, VA 22923
By e-mail:
:info@missingchildfoundation.ORG

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Such notification should contain 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 material claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
3. 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, and information reasonably sufficient to permit NCAS to locate the material.
4. Information reasonably sufficient to permit NCAS to contact the party alleging infringement, such as an address, telephone number, and if available, an electronic mail address at which the party alleging infringement may be contacted.
5. A statement that the party alleging infringement 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
176. Termination. We shall have the right, in our sole discretion, to terminate your access and use of this Site and the Service, without prior notice to you. We may exercise such termination rights (a) in the event of a violation or breach by you of any of the provisions of these Terms of Service; (b) as required by applicable law, or at the request of law enforcement or government agencies; (c) in the event of unexpected technical or security issues or problems; and (d) in the event of any allegation, claim or demand that you have committed any act in violation of the rights of any third party. We shall have no liability to you for any termination of your right to access or use this Site or any part of the Service. Our right to terminate your access or use of this Site or the Service shall be in addition to all other rights and remedies available to NCAS.
178. Governing Law, Jurisdiction; Venue.
189. Export Controls.
This Site and the Service is intended for use by residents of the United States only. Your use of this Site is subject to applicable United States export controls. You agree not to download, export, or re-export, directly or indirectly, any Content to Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, to any national or resident of any such country, to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or to anyone on the United States Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any of the prohibited countries, and you are not identified on any of the lists, described in this Section
1920. General Provisions.
a. You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms of Service.
b. We reserve all rights relating to this Site, the Service and the Content not expressly granted to you by these Terms of Service.
c. If any provision of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Service..
d. No waiver by NCAS of any provision hereof, and no failure by NCAS to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized officer the President of NCAS.
e. The headings used in these Terms of Service are for convenience only and will in no way affect the scope or construction of any provision hereof. Any reference to one section made in another section is not reliant on the accuracy of the title or reference number or letter of the section(s).
f. These Terms of Service and the Privacy Policy, as may be modified from time to time by us and accepted by you in accordance with the terms hereof, constitute the entire agreement between you and NCAS with respect to your use of this Site, the Service, and all Content. You consent to receive Communications electronically from us via any mail address that you provide to us through the site or while using the Service. “Communications” are any notices, records, agreements or other guidelines, policies, or information relating to these Terms of Service, this Site, the Service, and Content, including any of the foregoing that we may be required to provide to you under any applicable law.
h. Except as expressly provided in these Terms of Service, there are no third-party beneficiaries of these Terms of Service.
201. Communications.
Any communication, notices or information from you concerning these Terms of Service (including any information concerning violations of these Terms of Service, this Site, the Service, any Products or any Content should be in writing and sent to us as follows:
By mail:

National Child Alert System, LLC
5176 Harvest Lane
Barboursville, VA 22923
By e-mail:
info@missingchildfoundation.ORG"
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