CIS-SA Website & Content Sharing Terms & Conditions
When you post any photos, videos, pictures, images, materials, and other user-generated content (“User Content”) through any social media platforms with the hashtag #ChangeThePicture or any other hashtag promoted by Communities In Schools (“CIS”) in connection with any CIS promotion (“the Promotion”), you hereby grant to CIS and their respective parents companies, affiliates, subsidiaries, advertising and promotion agencies, and/or any party designated by any of them (collectively, the “Licensees”), the irrevocable, perpetual, worldwide, royalty-free right to reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your User Content, including your name, image, likeness, photograph, voice and/or biographical material (e.g., school name, graduation date, honors etc.), included therein or in connection therewith, for any legal purpose whatsoever, including, but not limited to, advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to, CIS’ websites (e.g., changethepicture.org) and social media channels, including without limitation Twitter, Facebook, Instagram, Vine, Tumblr, YouTube, and Google+ (collectively, “Media”). Without limiting the foregoing, you hereby grant Licensees the right to edit, arrange, rearrange, adapt and combine your User Content with other materials in their sole discretion, including on the aforementioned websites, social media channels, and promotional videos, including, without limitation, videos featuring a compilation of selected User Content submitted. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit.
By granting Licensees permission to use your User Content, you represent that you have read, agree to, and understand these entire Submission Terms of Service (the “Agreement”). IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, DO NOT POST CONTENT USING THE HASHTAG #CHANGETHEPICTURE, OR ANY OTHER CIS HASHTAG. By granting Licensees permission to use the User Content, you agree to be bound by the terms of this Agreement, without modification, including all disclaimers, terms and conditions set forth in this Agreement.
NO EXPECTATION OF PRIVACY: USER CONTENT WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH USER CONTENT TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT LICENSEES THE RIGHT TO DISPLAY USER CONTENT ON THE MEDIA (AND THE RELATED RIGHTS) (INCLUDING ANY CONTENT THAT INCLUDES SENSITIVE AND PERSONAL INFORMATION ABOUT YOU), DO NOT POST ANY SUCH CONTENT WITH THE HASHTAG #CHANGETHEPICTURE [AND/OR #CIS] OR ANY OTHER CIS PROMOTED HASTAG.
CONTENT: You are solely responsible for your User Content, and hereby agree that you will not hold us responsible or liable for User Content you grant us permission to use. By granting us permission to use the User Content, you represent and warrant that: (a) the User Content you submit is original and was created solely by you, or, if you are not the creator of the User Content, that you have permission from the copyright owner of the User Content to allow you to submit the User Content as permitted by this Agreement; (b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you); or that you have obtained all rights necessary to allow you to grant to us the rights granted herein; (c) neither the User Content, nor the use of the User Content by us in accordance with the Agreement hereof will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws and regulations; and (d) your User Content complies with the Content Guidelines set forth below. You further represent and warrant that you are eighteen (18) years of age and the age of majority in your state of residence and have the right to make this Agreement. If you are below eighteen (18) years of age and/or the age of majority in your state of residence, you agree that your parent or legal guardian has reviewed and agreed to this Agreement (including all applicable representations and warranties) on your behalf. HOWEVER, NO ONE UNDER THE AGE OF 13 MAY SUBMIT USER CONTENT.
Content Guidelines:
- User Content should not contain any references to or images of other persons that you have posted without that person’s consent;
- User Content should not be inappropriate, indecent, defamatory, abusive, obscene, violent, tortious, slanderous, libelous, profane or offensive, and should therefore not include, without limitation, any alcohol consumption, nudity or dangerous activities;
- User Content must not in any way disparage or criticize CIS or any other person or party;
- User Content that references services of CIS or any of its affiliates should contain true and accurate information and representations regarding CIS’ services, and you shall not be compensated for any such User Content;
- User Content must not in any way depict the abuse or misuse of any of the CIS-provided signage or other materials and such materials shall only be used in connection with the intended-recipient of such materials for purposes of its respective Promotion;
- User Content should not infringe or violate another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials);
- User Content should comply with any applicable social media platform’s Terms and Conditions, Terms of Use, or any other rules, which are hereby incorporated herein;
- User Content should not violate any party’s right of publicity or right of privacy;
- User Content should not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage or display any violence or illegal activities, including, without limitation, depicting gang symbols or signs;
- User Content should not be inaccurate, false or misleading in any way; and
- User Content should not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where User Content is created.
LICENSEES ARE UNDER NO OBLIGATION TO SCREEN OR MONITOR USER CONTENT BUT MAY REVIEW ALL USER CONTENT AND POST OR REMOVE SUCH USER CONTENT FROM ANY SOCIAL MEDIA SITE OWNED, ADMINISTERED, AND/OR MONITORED BY LICENSEES AT THEIR SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. Licensees will make all determinations as to what User Content is appropriate in its sole discretion.
RELEASE: You hereby release, acquit and forever discharge CIS, Agency, and/or their respective parent, affiliated, subsidiary and/or related companies, and their respective advertising or promotional agencies, and any promotional sponsors involved with the Promotion and the CIS’ websites and social media channels (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your submission of User Content in accordance with the terms of this Agreement. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with CIS’ websites or social media channels or any related activity.
INDEMNIFICATION: Upon request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your breach of any provision of this Agreement; (b) Licensees’ use of User Content as approved and provided by you; or (c) your violation of any intellectual property right of another party. Released Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
MISCELLANEOUS: This Agreement constitutes the entire agreement between Licensees and you with respect to your rights to any submission using the hashtag #ChangeThePicture or any other CIS hashtag in connection with the Promotion and for which you have granted permission. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. No waiver by Licensees under this Agreement shall be valid or binding unless set forth in writing and duly executed by Licensees. Any delay or forbearance by Licensees in exercising any right hereunder shall not be deemed a waiver of that right. In no event, can any submissions be made by anyone under the age of 13.
CIS RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS & CONDITIONS WITHOUT PRIOR NOTICE.
SMS Brand Name: Communities in Schools of San Antonio
CIS-SA Programs 10 Digit Long Code SMS Communications Terms & Conditions
OVERVIEW: These Terms and Conditions are for SMS/Text messaging services from our 10-digit long code telephone numbers (10 DLC) offered by Communities In Schools of San Antonio, referred to our 10 DLC SMS/Text messaging services hereafter. No number collected from this site will be enrolled in our 10 DLC SMS/Text messaging services. As defined further in these Terms & Conditions, the only way to enroll in our 10 DLC SMS/Text messaging services will be to enroll in a Communities In Schools of San Antonio service during our referral process through one of our affiliated schools or community organizations as defined in this policy. You will need to opt-in into the optional SMS/Text message services during the intake process by agreeing to services on our intake form AND verbal confirmation during the introductory phone call by your assigned service provider.
SMS/MMS CONSENT AND TERMS: By providing your mobile phone number to Communities In Schools of San Antonio, you consent to receive periodic SMS or MMS messages from our organization. These messages may include important updates and information relating to the services we provide you.
AFFIRMATION OF ACCURATE NUMBERS AND OBLIGATIONS OF EACH PARTY: By providing your mobile phone number, you affirm to us that the number you have provided to us is accurate and current. You represent that you are the authorized subscriber or owner of any telephone number you provide. If there are any changes to your contact information relating to the mobile phone number you provide us, you agree to notify us immediately by contacting your assigned service provider by the phone number or email they provide you during the referral process. You can also contact our organization directly by emailing cissa@cissa.org or calling (210) 520-8440.
Communities In Schools of San Antonio is the authorized subscriber and owner of all the10-digit long code telephone numbers used for our 10 DLC SMS/Text messaging services. During the referral process, we affirm to you that the phone number we have provided to you is accurate and current. We also affirm to you that your assigned service provider will manage the number on our behalf. Our service provider assigned to you may also provide their name and email at their discretion. If there are any changes to the number we provide you, we will notify you immediately through SMS/Messaging, phone call, or verbal notification in-person at your next appointment. If you have questions, concerns, or issues with our service, you can also contact your assigned service provider or contact our organization directly by emailing cissa@cissa.org or calling (210) 520-8440.
CONSENT TO RECEIVE AUTOMATED COMMUNICATIONS: Communities In Schools of San Antonio will only contact individuals who are referred to our services by one of our school-based staff, a partnering affiliated school staff member, or other community organization. By completing the referral process, you have the option to opt-in to our 10 DLC SMS/Text messaging services by providing written and verbal consent to receive the SMS/text messages from our service provider assigned to you. By voluntarily providing your mobile phone number during this process, you explicitly consent to receive recurring automated and not automated text messages from Communities In Schools of San Antonio regarding updates and other information related to your services with our organization and other information via SMS/Text messages. You acknowledge that consent to receive these messages is not a condition of any obligation to our organization other than the agreements defined herein. You understand that standard message and data rates by your Mobile Phone Service Provider may apply, message frequency varies on an as needed basis (some weeks may have no SMS correspondence, and some weeks may have a few SMS message correspondence).
OPT-OUT INSTRUCTIONS: To unsubscribe from our 10 DLC SMS/Text messaging services at any time, you can text “STOP” in response to any message you receive from us. You will be notified that you have unsubscribed successfully in response to your message. Please note that standard message and data rates by your Mobile Phone Service Provider may apply. You can also contact our organization directly to unsubscribe by emailing cissa@cissa.org or calling (210) 520-8440.
ASSISTANCE: For technical help relating to our 10 DLC SMS/Text messaging services, text “HELP” to the number from which you are receiving messages. Your assigned service provider will assist you with any technical issues related to our 10 DLC SMS/Text messaging services. You can also contact our organization directly for technical assistance with our 10 DLC SMS/Text messaging services by emailing cissa@cissa.org or calling (210) 520-8440.
CARRIER PARTICIPATION: Participating carriers in the United States include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile, among others. Not all carriers support our SMS/MMS service. CIS-SA and Carriers are not liable for delayed or undelivered messages.
DATA COLLECTION AND USE: In connection with this SMS service, we may collect your mobile phone number, carrier’s name, and the date, time, and content of your messages among other information you provide. This information may be used to contact you and to deliver the services you have requested from us.
SERVICE MODIFICATIONS AND TERMINATION: By subscribing or using the service, you acknowledge our right to modify or discontinue the service, with or without notice, at any time.
INDEMNIFICATION: Upon request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your breach of any provision of this Agreement; (b) claims against privacy, tort, or others, arising from your voluntary provision of a telephone number not owned by you; (c) your failure to notify us of changes in your phone number; or (d) any breach relating to the Federal Telephone Consumer Protection Act or state law equivalents. Released Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
PARTICIPATION REQUIREMENTS: By consenting and participating in this Service, you affirm that you are at least eighteen (18) years of age, possess a wireless device capable of two-way messaging, are a customer of a participating wireless carrier, and have a text messaging service. We will not contact anyone under the age of 18 without written/verbal consent from a legal parent or guardian during the referral process at which time consent is granted. Compatibility of cell phone models with the service, text messaging capabilities, and service availability may vary by carrier. Standard message and data rates by your Mobile Phone Service Provider may apply.
MICELLANEOUS: This Agreement constitutes the entire agreement between our organization and individuals that grant consent for participating in our 10 DLC SMS/Text messaging services, for which you granted permission. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. No waiver by any party under this agreement shall be valid or binding unless set forth in writing and duly executed by all parties. Any delay or forbearance by all parties in exercising any right hereunder shall not be deemed a waiver of that right. In no event can any submission be made by anyone under the age of 13.
While Communities In Schools of San Antonio does not charge for text messages you receive, your mobile service provider’s standard rates for text and data may apply. Contact your wireless provider for information about your text and data plan.
For questions or concerns, please contact Communities In Schools San Antonio by email at cissa@cissa.org or by phone at (210) 520-8440.