YOUR USER AGREEMENT
The following describes the terms on which changetheworld., inc. ("CTW") offers you access to our services.
Welcome to CTW. By using the services on the CTW website (CTW.com and other related websites where this agreement appears) (the "Site"), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with CHANGETHEWORLD, INC. and the general principles for the website of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with CTW International.
If you have any questions, please refer to the Help section on the Site.
This Agreement is effective on August 1st, 2014, for current users, and upon acceptance for new users.
While using the Site, you will not:
- post content or items in an inappropriate category or areas on the Site;
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- fail to deliver payment for donations or gifts promised by you, unless the receiver has materially changed the request, a clear typographical error is made, or you cannot authenticate the receiver's identity;
- fail to deliver services, outlines, ideas, instructions, merchandise or other promises you've described, unless the receiver fails to meet the posted terms, or you cannot authenticate the receiver's identity;
- circumvent or manipulate our commitment structure, the billing process, donations, gifts or fees owed to CTW or any receiver;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to CTW);
- transfer your CTW account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid or other such schemes;
- distribute viruses or any other technologies that may harm CTW, or the interests or property of CTW users;
- copy, modify, or distribute content from the Site and CTW's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
- CTW reserves the right to suspend or terminate your membership in CTW and your access to CTW at any time with or without cause in CTW's sole discretion.
- You acknowledge that your use of CTW is entirely at your own risk. CTW has no obligation to undertake any investigation of any CTW listings, and CTW makes no representation of any kind regarding its listings, whether as to the accuracy, completeness, legitimacy, appropriateness, legality, safety of otherwise. Without limiting the generality of the foregoing, CTW makes no representation regarding the availability of any tax deduction or any other tax or financial benefit in connection with any of its listings. All listings are provided to you on an AS-IS basis and you assume the entire risk of injury and loss in connection with your use of CTW and your involvement with any person, organization, activity or cause that you may access through CTW.
CTW and its Community work together to keep the Site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
CTW prohibits listings that that infringe upon copyrights, trademarks or other rights of third parties. If you believe that your rights have been violated, please notify us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Joining CTW and listing items is free. We do charge fees for using other services, such as donating or gifting money to others. Such fees will be disclosed with full transparency. When you wish to donate or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free donation days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal or similar type account balance(s).)
When you give us content, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, publishing, film, TV and database rights (and all other rights) you have in the content, in any media now known or hereafter devised, including, without limitation, the right to use the foregoing in connection with the advertising and promotion of such uses. CTW will have the right to edit and modify any content that you provide and to combine it with content provided by others in its sole discretion. If any content that you provide is not original to you, you represent that you have obtained for our benefit all necessary rights from third parties to permit all uses by us as permitted herein. The foregoing license and use rights will also apply to any names or information about you and your organization and persons associated with you and your organization that you provide to use for use in public areas of CTW and elsewhere. CTW shall have no obligation to use any content that you may provide and may remove any content that you have provided at any time.
You will not hold CTW responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional enterprise. Instead, the Site is a venue to allow anyone to offer, gift, donate, communicate, share, exchange, assist, request assistance, trade, and buy just about anything, service, supply or otherwise, at anytime, from anyone, anywhere, in any variety of methods, formats and venues. Unless otherwise stated, we are not involved in the actual communication, exchange, commitment or transaction between receivers and benefactor or donors. We have no control over and do not guarantee the quality, safety or legality of listings, their truth or accuracy, the ability of benefactors or donors to meet their commitments, the ability of receivers to meet their commitments, or that a receiver, benefactor or donor or a combination of multiple receivers, benefactors or donors will actually commence or complete a project.
We do not provide protection, assurances, insurance, transfer legal ownership of items from the benefactor or donor to the receiver, and nothing in this agreement shall modify any governing laws, provisions or similar restrictions such as California or other domicile's Commercial Codes. Unless the receiver and the benefactor or donor agree otherwise, the receiver will become the item's lawful owner upon physical receipt of the item from the benefactor or donor. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by any of numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND YOU HEREBY ACKNOWLEDGE THAT ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND OR NATURE ARE HEREBY EXPRESSLY WAIVED AND DISCLAIMED.
Regardless of the foregoing, if we are found to be liable, our liability to you or to any third party for any reason whatsoever is limited to US$100.00.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, employees and any other person, corporation, entity or affiliated individual, group, enterprise or entity of every kind and nature, domestic or foreign) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to CTW by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of CTW and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party or your participation in any activity or cause that you may access through CTW.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on CTW's national registered agent (in the case of CTW) or to the email address you provide to CTW during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. If you have provided a false address or the addres you have provided is no longer conveying our letters to you, we will not be held liable for any non-delievrance, misdirection or redirection or any other further conveyance. The attempt to contact you via the measn you have supplied will be sufficient release of any and all liabilities to do so on behalf of CTW.
Resolution of Disputes
If a dispute arises between you and CTW, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CTW agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution b y emailing us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CTW must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against CTW must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, CTW may recover attorneys' fees and costs up to $1000, provided that CTW has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of our policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
CHANGETHEWORLD, INC. is located at 1448 Stanford St. #B, Santa Monica, CA 90404. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement as we solely see fit. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will do our best to notify you through the Site' message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.