Last Revised: October 18th, 2018
WEBSITE TERMS AND CONDITIONS
By using the Site, 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 Site does not violate any applicable law or regulation.
MPC reserves the right to modify any Site Terms or any policy relating to the Site, at any time and in its sole discretion. Modifications will be effective immediately upon posting on the Site. Your continued use of the Site 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 Site. If you do not agree to the revised Site Terms, you must stop using the Site.
Use of Content from the Site
Unless otherwise indicated, MPC or its partners own all content on the Site, 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 MPC 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 Site.
Permissible Use of MPC Banners, Missing Child Information and Links
MPC encourages your use of MPC banners, MPC missing child posters and links to the Site (the "Permissible Uses") to promote its mission concerning missing children and adults.
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 MPC.
- 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 MPC 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 MPC of any individual, entity, product, goods, services, program, event or website.
- You will not use the Content in any way that may tarnish MPC’s name or reputation, including without limitation any use that MPC in its sole discretion determines to be lewd, obscene, vulgar, harassing, defamatory, offensive, objectionable or inconsistent with MPC’s mission.
- You agree to immediately remove, destroy or refrain from using the Content if instructed to do so by MPC.
Requests for permission to use or reproduce any MPC publications must be submitted to MPC. Such requests are reviewed and approved on a case-by-case basis.
The Missing Persons Center (MPC)
and other trademarks, service marks, names, logos or slogans contained on the Site and owned by MPC 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 MPC.
Site Linked From This Site; Third Party Content
The Site contain links to or frame certain third party webSite 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 MPC’s control. MPC does not authorize links to or use of Third Party Content. MPC 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 Site or in Third Party Content. MPC does not intend links on the Site 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 Site or any MPC programs (collectively, "Feedback") sent to MPC via any medium, including but not limited to email, facsimile or regular mail, shall be deemed non-confidential and become the sole property of MPC. You hereby assign all rights in the Feedback to MPC. MPC shall have no obligations of any kind relating to the Feedback. Without limiting the foregoing, MPC 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 Site 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. MPC makes no warranty as to the accuracy, completeness or reliability of any content available through the Site and makes no representations or warranties that use of the Site will be uninterrupted or error-free.
In no event shall MPC 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 Site or an inability to access or use the Site, even if MPC has been advised of the possibility of such damages.
You agree to defend, indemnify and hold harmless MPC, 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 Site or your inability to access or use the Site.
Termination; Modification or Removal of Content
Notwithstanding any Site Terms, MPC reserves the right, without notice and in its sole discretion, to discontinue the Site or any services offered through the Site and to terminate your access to the Site at any time without notice. In addition, MPC reserves the right to delete, edit or modify any and all Content contained on the Site and any services offered through the Site at any time without notice.
Governing Law and Jurisdiction
The Site Terms and your use of the Site are governed and construed in accordance with the laws of the State of California, 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 California over any action or proceeding relating to the Site Terms.
The Site Terms set forth the entire understanding and agreement between you and MPC 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. MPC 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.
Information MPC Collects
You may provide certain personal information, including but not limited to name, street address, email address, telephone number and payment information (when purchasing materials or making donations online), to MPC when visiting the Site. MPC may use this personal information periodically to communicate with you concerning MPC issues, such as delivering information about upcoming events. MPC also collects your personal information if you submit information about a missing child or adult case through MPC’s Tipline or other portions of the Site.
MPC also may collect technical data from visitors to the Site, including but not limited to IP addresses and domain names, in order to track the number and frequency of visits MPC receives to certain pages of the Site. MPC also may identify the external website link that brings you to the Site. MPC does not associate this technical data with any personally identifiable information in MPC’s databases unless a security intrusion or other unlawful activity is detected on the Site.
Information Shared with Third Parties
If you make a report about a missing person on the Site and submit personal information, MPC will forward that information to the appropriate law enforcement agency for review. If you submit credit card information on the Site, MPC will forward that information to a service that processes the payment or donation. MPC occasionally may share aggregated information about visitors to the Site, which will show visitor activity without identifying particular individual users.
MPC maintains control of any names, mailing addresses, telephone numbers, or email addresses submitted by users of its website. Access to submitted names, mailing addresses, telephone numbers, or email addresses and personally identifiable information is restricted to MPC employees and authorized third party service providers who process donation payments. MPC and its authorized third party service providers comply with PCI DSS (Payment Card Industry Data Security Standards), adopted by the major credit card and financial companies to secure personally identifiable information. The PCI DSS protocols employed by MPC and its authorized third party service providers include but is not limited to: establishing appropriate technical, physical and organizational security procedures to protect personally identifiable information against loss, theft, unauthorized use, disclosure, or modification; limited access to storage areas and locked files; use and regular update of anti-virus software on all systems commonly affected by malware; and the use of encryption, secure servers, and unique computer workstation identification and passwords. MPC monitors these procedures regularly and when needed to ensure their continued effectiveness.