Tobacco-Free Baseball Card Generator
TERMS & CONDITIONS

IMPORTANT NOTE: The Tobacco-Free Baseball Card Generator Application does not save or store any images that you upload or text that you enter into the system. At the end of the process, you have the option of downloading and/or sharing the application on social media.

The Campaign for Tobacco-Free Kids (“CTFK”) provides the Tobacco-Free Baseball Card Generator Application (“Application”) under the following Terms and Conditions (“Terms”). These Terms may be amended from time to time at our sole discretion. Please read these Terms carefully, and contact us at info@tobaccofreekids.org if you have any questions.

BY UPLOADING YOUR PHOTO TO THIS APPLICATION AND DOWNLOADING AND/OR SHARING YOUR IMAGES ON SOCIAL MEDIA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

1. YOUR CONTENT
   
   Your “Content” means any text, photograph, artwork and/or other materials or information you upload or create using the Application. You, not CTFK, are legally responsible for your Content.
   
   
2. YOU AGREE THAT YOU WILL NOT UPLOAD OR CREATE ANY CONTENT THAT:
   
   Is abusive, offensive, discriminatory, profane, vulgar, obscene, disparaging, defamatory, libelous, slanderous, or that contains information known by you to be false, inaccurate, or misleading
   
   Infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights or contains a trademark
   
   Violates any law, statute, ordinance or regulation
   
   Contains third party websites, addresses, email addresses, contact information, phone numbers or other personal identifiable information
   
   Is in the nature of advertising or marketing and/or
   
   Contains any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
   
   You also agree that CTFK shall have the right, but not the obligation, to remove your Content and/or suspend or terminate your access to the Application, as it deems appropriate and in its sole discretion.
   
   
3. YOUR REPRESENTATIONS AND WARRANTIES YOU REPRESENT AND WARRANT THAT:
   
   You are at least thirteen (13) years of age
   
   You own or otherwise lawfully possess all rights in and to your Content
   
   Your Content does not and will not violate these Terms and Conditions or cause injury to any person or entity
   
   
4. LICENSE TO CTFK TO USE YOUR CONTENT
   
   While the Application does not collect or store any images you upload or text you enter into the Application, by sharing your customized Tobacco-Free Baseball Cards on Twitter, Facebook, Instagram or any other social media, you grant CTFK a non-exclusive, perpetual, worldwide, non-transferable, royalty-free, right, and license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content in any manner consistent with its charitable purpose. CTFK reserves the right to remove or modify your Content for any reason, including Content that we believe violates these Terms or our policies.
   
   
5. NO ENDORSEMENT, AFFILIATION, ASSOCIATION
   
   You agree that insofar as your Content includes a depiction of, without limitation, an individual, entity, trademark or product it does not imply or suggest any affiliation, endorsement, ownership, or other association with such individual, entity, trademark or product.
   
   
6. INDEMNIFICATION AND HOLD HARMLESS
   
   You will indemnify and hold harmless CTFK and its officers, directors, employees, and agents from any and all claims arising out of or related to (1) your Content and/or (2) your use of, or your inability to use, this Application or the information contained therein.
   
   
7. INTELLECTUAL PROPERTY
   
   Unless otherwise indicated, CTFK owns all legal right, title and interest in this Application, including all intellectual property rights. Campaign for Tobacco-Free Kids and the red-button logo are a registered trademarks of the Campaign for Tobacco-Free Kidsand may not be used without CTFK’s written consent.
   
   
8. MODIFICATIONS
   
   CTFK reserves the right to change or terminate any aspect of the site, including the site itself and individual user accounts for any reason or no reason. CTFK also reserves the right to impose limits on certain features of the Application or restrict access to all or parts of the Application without notice or penalty.
   
   
9. DISCLAIMERS
   
   The Application and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
   
   
10. CTFK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
    
    CTFK takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or transmits using our Application. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
    
    
11. LIMITATION OF LIABILITY
    
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, CTFK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CTFK’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APPLICATION EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
    
    
12. ARBITRATION
    
    For any dispute you have with CTFK, you agree to first contact us and attempt to resolve the dispute with us informally. If CTFK has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and CTFK agree otherwise, the arbitration will be conducted in the District of Columbia. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Application. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CTFK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    
    
13. GOVERNING LAW AND JURISDICTION
    
    These Terms shall be governed by the laws of the District of Columbia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in the District of Columbia or the United States District Court for the District of Columbia, for any actions not subject to Section 10 (Arbitration)
    
    Our Application is controlled and operated from the United States, and we make no representations that it is appropriate or available for use in other locations.
    
    
14. GENERAL TERM

• CHANGES TO THESE TERMS. CTFK may revise these Terms from time to time and the most current version will always be posted on our website.
• ASSIGNMENT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CTFK without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
• ENTIRE AGREEMENT/SEVERABILITY. These Terms, and any amendments and any additional agreements you may enter into with CTFK in connection with the Application, shall constitute the entire agreement between you and CTFK concerning the Application. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
• NO WAIVER. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CTFK’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.