RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNIFICATION, AND ARBITRATION AGREEMENT

Notice – By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims; Indemnification Agreement

In consideration of being allowed to use the facilities and participate in programs and events (“Programs”) operated by Youth Creates, LLC (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Programs or the use of any equipment provided by the Host (“Equipment”). The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;

2) TO ASSUME ALL RISKS of participating in the Programs and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and officers. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Programs and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of the Equipment, including while receiving instruction and/or training; and

4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in Programs and use of the Equipment.

Arbitration

The Participant, and the Participant’s parent(s) or legal guardian(s), if Participant is a minor, hereby agrees to submit any dispute arising from participation in the Programs to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a mountain guide service in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Summit County, Colorado, utilizing the selection criteria for the neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county and state in which the Programs occurred and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law.

Photography/Videography Release

Participant hereby grants to the Host, its representatives, and employees the right to take photographs and video of Participant in connection with Participant’s participation in the Programs. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

Personal Responsibility

The Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the Programs and that he/she is not participating against medical advice.

If helmets are recommended for use while participating in the Programs, and Participant chooses not to wear a helmet, he/she does so at his/her own risk and accepts full responsibility for any injury that results.

The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Host’s equipment and location before any participation.

The Participant understands that he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of the Host.

Covid19 

COVID-19 Safety Acknowledgment — Liability Waiver and Release of Claims

COVID-19 SAFETY INFORMATION:

While participating in events held or sponsored by Youth Creates LLC., (“YC”) “social distancing” must be practiced at all times to reduce the risks of exposure to COVID-19.  Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, YC is following guidelines set forth by Colorado, Tri-County Health, and the Arapahoe County to reduce the spread of COVID-19.  However, YC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in YC events and/or other face-to-face fundraising activities. By attending a YC event, you certify that you do not fall into any of the following categories:  

  1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
  2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or  
  3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. 

DUTY TO SELF-MONITOR:

Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact YC at support@youthcreates.com if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with YC.

LIABILITY WAIVER AND RELEASE OF CLAIMS:

I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with YC, and I willingly engage in YC events and/or other fundraising activities (the “Activity”).

RELEASE AND WAIVER. 

I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST YOUTH CREATES LLC AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISES OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

ASSUMPTION OF THE RISK. I acknowledge and understand the following:

  1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
  2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
  3. I hereby knowingly assume the risk of injury, harm, and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

MEDICAL ACKNOWLEDGMENT AND RELEASE.  I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.  I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. 

As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Youth Creates fundraising event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) the Youth Creates LLC. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless of any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”).  BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Terms of Service

This Agreement is between You, the user of the YouthCreates Web Site and Youth Creates LLC. (“YC”). This Agreement sets forth the terms and conditions governing Your use of YC’s Web Site, currently at www.youthcreates.com (the “Site”) and Your use of YC’s systems and services, and is in addition to any executed agreements You may have with YC.

Please read this Agreement carefully before accessing the Site or using the Services contained therein. By accessing the Site or using the services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. YC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. YC, in its sole discretion, may also add, delete or change some or all of the features of the Site or YC’s services at any time. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

  1. Conduct as a User. As a user on this Site, You will represent Yourself accurately and truthfully at all times. You grant YC the right to independently verify any information that You post on our Site about Yourself, although YC does not routinely undertake any verification. Company reserves the right to constitute different classes of users of the Site, granting access to certain areas of the Site only to certain users, e.g. different levels of membership may grant members different access to different areas of the Site.
  2. User Eligibility. YC’s services and this Site are available to youth under the age of 18 and adults. However, we require parents to register and submit the youth’s work on behalf of the youth. 
  3. Intellectual Property and Submissions. The materials, data and other information used and displayed on the Site or available through YC’s services are the property of YC or its licensors and are protected by copyright, trademark and other laws both in the United States and in other countries. “Youth Creates” is a registered trademark of YC in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with YC. YC and its affiliates do not control or endorse the content of third party Web sites. You agree not to change or delete any proprietary notices from materials downloaded from the Site.The entire contents of the Site, including the selection, coordination, arrangement and enhancement of the content, are copyrighted under the United States copyright laws by Youth Creates LLC. The content provided on the Site may be displayed, printed and downloaded from the different areas of the Site solely for your own personal, internal and non-commercial use. Except as allowed in the previous sentence, You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material without the prior written consent of YC or the appropriate licensor.Unless YC has entered into a separate written agreement with You that specifically states to the contrary, you agree that any information, feedback, questions, comments, or the like that you provide to YC in connection with this Site or YC’s services (“Submissions”) will be deemed to be provided to YC on a non-confidential and non-proprietary basis and will become and remain the property of YC. YC shall have no obligation of any kind with respect to Submissions for any purpose whatsoever, without limitation. You also agree that YC shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products or services incorporating such ideas, concepts or techniques.
  4. Privacy Policy. YC will only use information You provide YC in accordance with its current Privacy Policy as in the following section.
  5. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on YC’s Site. You may not take any action which imposes an unreasonable or disproportionately large load on YC’s infrastructure.
  6. No Warranty. YC provides the Site and its services “As Is” and without any warranty or condition, express or implied. To the full extent permissible under applicable law, company specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Company does not guarantee continuous, uninterrupted or secure access to its services, and operation of YC’s Site may be interfered with by numerous factors outside its control, including, but not limited to telecommunications network disruptions. Nor does YC guarantee the accuracy, timeliness or completeness of any information on its Site or the results of Your use of YC’s Site.
  7. Limitation of Liability. In no event will YC or its licensors be liable for (I) any incidental, consequential, special or indirect damages, including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like (however arising, including negligence), arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site or downloaded or hyperlinked from the Site, even if YC or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through, or hyperlinked from, the Site. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such states, YC’s liability is limited to the greatest extent permitted by law.
  8. Indemnification. You agree to indemnify, defend and hold harmless YC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You.
  9. Term; Termination. YC reserves the right to terminate Your access to the Site without notice for any reason.
  10. Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site and YC’s services.
  11. Integration and Separation. This Agreement, the Privacy Policy and any other terms referenced in this Agreement constitute the entire agreement between You and YC with respect to Your access and use of this Site and YC’s services and supercedes all prior or contemporaneous agreements (whether oral, written, or electronic) between You and YC with respect to this Site or YC’s services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
  12. Waiver and Assignment. YC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. YC may assign its rights and duties under this Agreement to any party at any time without notice to you.
  13. Miscellaneous. This Site is controlled by YC from its offices within the State of Colorado, USA. The laws applicable to the interpretation of these Terms and Conditions of Use shall be the laws of the State of Colorado, USA, and applicable federal law, without regard to any conflict of law provisions. You agree that any legal action or proceeding between YC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Colorado, USA. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. YC makes no representations that the content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Privacy Policy

PRIVACY NOTICE

Last updated: February 2019

Thank you for choosing to be part of our community at Youth Creates LLC. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, please contact us at support@youthcreates.com.

When you visit our website – www.youthcreates.com, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are terms in this privacy policy that you do not agree with, please discontinue use of our website and services.

This privacy policy applies to all information collected through our website and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “SITES”).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

TABLE OF CONTENTS

  1. WHAT INFORMATION DO WE COLLECT?
  2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
  5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
  6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
  7. HOW LONG DO WE KEEP YOUR INFORMATION?
  8. HOW DO WE KEEP YOUR INFORMATION SAFE?
  9. DO WE COLLECT INFORMATION FROM MINORS?
  10. WHAT ARE YOUR PRIVACY RIGHTS?
  11. CONTROLS FOR DO-NOT-TRACK FEATURES
  12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  13. DO WE MAKE UPDATES TO THIS POLICY?
  14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

  1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data,  and payment information.

We collect personal information that you voluntarily provide to us when registering onto our website, when expressing an interest in obtaining information about us or our products and services, when participating in our activities (such as posting messages in our online forums or entering competitions, contests or giveaways), when contacting us, or other opportunities.

The personal information that we collect depends on the context of your interactions with us and the SITES, the choices you make and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. We do NOT store your payment information on our system, but rather pass the information on to our payment processor, such as PayPal. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our website.

We automatically collect certain information when you visit.This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our , and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Information collected from other sources

We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: search results and links, including paid listings (such as sponsored links).

  1. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Vendors, Consultants and Other Third-Party Service Providers.

We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the SITES, which will enable them to collect data about how you interact with the over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the SITES. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

Other Users. When you share personal information or otherwise interact with public areas of the SITES, such personal information may be viewed by all users and may be publicly distributed outside the in perpetuity. If you interact with other users of our and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our , and view your profile.

  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

  1. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

If you choose to register or log in to our websites using a social media account, we may have access to certain information about you.

Our  offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the SITES. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

  1. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

We may transfer, store, and process your information in countries other than your own.

Our servers are located in the US. If you are accessing our SITES from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?)

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

Binding Corporate Rules:

These include, a set of Binding Corporate Rules (“BCRs”) established and implemented by Company. Our BCRs have been recognized by EEA data protection authorities as providing an adequate level of protection to the personal information we process internationally. You can find a copy of our BCRs here:

  1. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The SITES may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the SITES. You should review the policies of such third parties and contact them directly to respond to your questions.

  1. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than necessary.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

  1. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our SITES is at your own risk. You should only access the services within a secure environment.

  1. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly collect data from children under 18 years of age. All registered members should be of 18 years of age or older. We do not knowingly solicit data from children under 18 years of age. By using the SITES, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the SITES. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at support@youthcreates.com.

  1. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:

http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

  1. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

  1. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the SITES, you have the right to request removal of unwanted data that you publicly post on the SITES. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the SITES, but please be aware that the data may not be completely or comprehensively removed from our systems.

  1. DO WE MAKE UPDATES TO THIS POLICY?

Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
    If you have questions or comments about this policy, you may email us at support@youthcreates.com or by post to: P. O. Box 372385, Denver, CO 80237-9998.

Youth Creates LLC (YC) reserves the right to use any photograph/video taken at any event sponsored by YC, without the expressed written permission of those included within the photograph/video. YC may use the photograph/video in publications or other media material produced, used or contracted by YC including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.

To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian

A person attending a YC event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and/or the event organizers, and/or contact YC at P. O. Box 372385, Denver, CO 80237, in writing of his/her intentions and include a photograph. YC will use the photo for identification purposes and will hold it in confidence.

By participating in a YC event or by failing to notify YC, in writing, your desire to not have your photograph used by YC, you are agreeing to release, defend, hold harmless and indemnify YC from any and all claims involving the use of your picture or likeness.

Any person or organization not affiliated with YC may not use, copy, alter or modify YC photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from YC.

Thank you for your understanding and cooperation!

The goal of our Community Standards is to encourage talent sharing and create a safe environment. We are committed to promoting original quality work from youth,  and rejecting and removing content that encourages real-world harm, including (but not limited to) physical, financial, and emotional injury.  Youth Creates has the ultimate authority regarding work quality.

The consequences for violating our Community Standards vary depending on the severity of the violation and a person’s history on the platform. For instance, we may warn someone for a first violation, but if they continue to violate our policies, we may restrict their ability to post on Youth Creates or disable their profile. We also may notify law enforcement when we believe there is a genuine risk of physical harm or a direct threat to public safety.

Our Community Standards, which we will continue to develop over time, serve as a guide for how to share work on Youth Creates. It is in this spirit that we ask members of the Youth Creates community to follow these guidelines.

All participants in all Youth Creates LLC activities are expected to exhibit appropriate behavior at all times while participating, spectating, or attending any program or activity conducted by Youth Creates LLC.  The following guidelines are designed to provide safe and fun activities and environment for all participants.

All participants are expected to exhibit appropriate behavior at all times while participating, being a spectator, or attending any program or activity conducted by Youth Creates LLC. The following guidelines are designed to provide safe and fun activities and environment for all participants.

  • Be respectful to all participants and Youth Creates LLC staff.
  • Follow direction from Youth Creates LLC staff.
  • Refrain from using abusive or foul languages.
  • Refrain from causing bodily harm to self, other participants, or Youth Creates LLC staff.
  • Refrain from damaging equipment, supplies, and facilities.
  • Refrain from harassment of Youth Creates LLC staff, facilities, and/or other participants.
  • Refrain from using any personal electronic devices, such as phones, tablets, iPad, or similar devices in class.
  • Online classes—in addition to the above guidelines, please include the following:
    1. Sharing Zoom meeting links and passwords is strictly prohibited.
    2. Personally recording any Youth Creates LLC session is prohibited.
    3. Only registered participants are permitted to watch/participate in the sessions.
    4. Monitor any background activity in the participant’s camera viewing field that may become visible to the teacher and other students.
    5. Participant user names should not be inappropriate, offensive, or vulgar in nature and must include clearly identifiable information about the registered participant, such as first and/or last name.
    6. Background images may be used if desired, but cannot be inappropriate, offensive, or vulgar in nature and must not pose as a distraction to others in the class. Teachers reserve the right to disable a participant’s video if deemed necessary.
    7. Zoom Chat: Texts unrelated to the lesson are distracting to both the teacher and class, therefore use the Zoom chat feature only for texts relating to the lesson. Teachers reserve the right to disable all chat functionality if deemed necessary.

 

All participants must abide by the Participant Code of Conduct as outline above.  Should a participant not be in compliance with the Participant Code of Conduct, Youth Creates LLC staff should report the issues to the parent/guardian, the appropriate facility if applicable, and an Incident Report should be filled out.  Failure to follow these rules may result in denial of program participation privileges and/or damage fees.

Youth Creates LLC strives to make your participation fun-filled, rewarding, educational, and safe.  Thank you for your cooperation.  Please do not hesitate to contact us at Stephen.Zhang@youthcreates.com if you have questions.

Youth Creates does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factors.