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Terms and Conditions

Affect Change, Inc. on behalf of itself and all of its affiliates and subsidiaries, including, but not limited to, (collectively, “Affect Change” or “we”) offers and operates the Affect Change App, www.santaclausaffect.com, www.affectchange.us, and other websites Affect Change may create (collectively, the “Affect Change Websites”), and any other features, content, or applications Affect Change may offer from time to time in connection with the Affect Change Websites (collectively, the “Affect Change Services”).

The Affect Change Services provide a visual-media platform made up of stories and videos that show individuals positively impacting the lives of other individuals.
Registered Members (as defined below) can create and share Content (as defined below) including photos, videos, and other information as permitted by the Affect Change Services.

THESE TERMS ARE A LEGAL AGREEMENT BETWEEN US

These terms of use (“Terms”) set forth the legally binding terms for your use of the Affect Change Services. By using the Affect Change Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Affect Change Websites or Applications) or you are a “Member” (which means that you have registered with Affect Change). The term “User” refers to a Visitor or a Member. You are only authorized to use the Affect Change Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement or any other policies or rules of Affect Change.

Affect Change may stop (permanently or temporarily) providing all or any portion of the Affect Change Services (or any features of the Affect Change Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Use of the Affect Change Services is also governed by our Privacy Policy www.affectchange.us/privacypolicy, which is incorporated into this Agreement by this reference.

YOU MUST AGREE TO THE TERMS TO USE THE SERVICE

Please read these Terms carefully. If you do not agree to be bound by the Terms, you should stop using the Affect Change Services immediately. You agree to and accept the Terms when you:

USE MAY REQUIRE DOWNLOAD AND ACTIVATION OF SOFTWARE

Some Affect Change Services may require you to download software or content and/or agree to additional terms and conditions which are expressly incorporated into these Terms.

We may modify the Terms at any time and any modifications shall be effective upon posting. You agree and accept any modifications when you use the Affect Change Services after posting of such modifications. You should review the Terms from time to time. 

Affect Change reserves the right to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Affect Change Services, at any time and without any liability to you. Affect Change reserves the right to moderate Content (as defined below) on our platform and may modify Content at Affect Change’s sole discretion, but nothing in these Terms requires Affect Change to modify or remove any User content from the Affect Change Services.

Affect Change further reserves the right to modify headers or titles to any uploaded User content or change the channel designation of any User content, at any time and without any liability to you, but nothing in these Terms requires Affect Change to undertake such actions.

ELIGIBILITY

Use of and Membership in the Affect Change Services is void where prohibited. By using the Affect Change Services, you represent and warrant that:

The Affect Change Services are hosted in the United States.

Term

The Terms shall remain in full force and effect while you use the Affect Change Services or are a Member. Affect Change may terminate your Membership at any time, without warning and without any liability to you except as expressly set forth in these Terms. Even after Membership is terminated, the following provisions of these Terms will remain in full force and effect: Your Promises to Us; Member Disputes; Limitation on Liability; Dispute Resolution; Indemnity; and Other.

PROTECT YOUR PASSWORD AND ACCOUNT INFORMATION

When you sign up to become a Member, you will also be asked to choose a username and password, unless you connect via “Facebook” or another third-party service. You agree to maintain the confidentiality of your password and not disclose it to others. You agree not to use the account, username, trademark, or password of another Member at any time. Affect Change reserves the right to terminate access to the Affect Change Services by any User whose username violates a third party’s trademark or may mislead or confuse other Users. You agree to notify Affect Change immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for use of your account prior to any disabling of your account by Affect Change following receipt of notice of suspected unauthorized use. Affect Change reserves the right to refuse service and/or terminate a username in its sole discretion.

NON-COMMERCIAL USE BY MEMBERS

You may not use the Affect Change Services for any commercial or non-personal purpose without Affect Change’s express written permission. The Affect Change Services are evolving, and are generally intended for personal use and limited commercial use. If your use undermines our ability to offer the Affect Change Services we reserve the right to terminate your account or otherwise limit your activities on Affect Change at any time in our sole discretion and without any liability to you.

YOU MAY NOT SPAM OR OTHERWISE USE AFFECT CHANGE SERVICES FOR ANY ILLEGAL PURPOSES

Illegal and/or unauthorized use of the Affect Change Services, including collecting names, usernames, email addresses, and/or phone numbers of Users by electronic or other means for the purpose of sending unsolicited email or any other communications is prohibited.

PROPRIETARY RIGHTS IN CONTENT ON AFFECT CHANGE

“Content” includes text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials made available or posted on or through the Affect Change Services.

Content you post and your license to us.

You represent and warrant that:

OUR LICENSE TO YOU

RULES FOR CONTENT AND ACTIVITIES

USING ANY CONTENT OBTAINED FROM THE AFFECT CHANGE SERVICES AND AFFECT CHANGE WEBSITES FOR ANY COMMERCIAL PURPOSE WITHOUT THE EXPRESS WRITTEN CONSENT FROM THE MEMBER WHO OWNS SUCH CONTENT.

MEMBER DISPUTES

You are solely responsible for your interactions with other Affect Change Members. Affect Change reserves the right, but has no obligation, to monitor disputes between you and other Members.

DISCLAIMERS

Technical Issues and Injuries. Affect Change is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Affect Change Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Affect Change Services. Under no circumstances shall Affect Change be responsible for any loss or damage, including personal injury or death, resulting from use of the Affect Change Services, attendance at a Affect Change event, from any Content posted on or through the Affect Change Services, or from the conduct of any Users of the Affect Change Services, whether online or offline.

LIMITATION ON LIABILITY

IN NO EVENT SHALL AFFECT CHANGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AFFECT CHANGE SERVICES, EVEN IF AFFECT CHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE AFFECT CHANGE SERVICES OR PERSONS YOU MEET THROUGH THE AFFECT CHANGE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE AFFECT CHANGE SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK IN CONNECTION WITH USING THE AFFECT CHANGE SERVICES, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF PEOPLE YOU MEET THROUGH THE AFFECT CHANGE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AFFECT CHANGE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AFFECT CHANGE FOR THE AFFECT CHANGE SERVICES DURING THE TERM OF MEMBERSHIP. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

Improperly Filed Claims.  All claims you bring against Affect Change must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Affect Change may recover attorneys’ fees and costs up to $5,000, provided that Affect Change has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

INDEMNITY

You agree to indemnify and hold Affect Change, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees (collectively, the “Affect Change Indemnified Parties”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to your use of the Affect Change Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Affect Change Websites or through the Affect Change Services causes the Affect Change Indemnified Parties to be liable to any third party. Notwithstanding the foregoing, Affect Change reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Affect Change Indemnified Parties if the Affect Change Indemnified Parties, in their reasonable discretion, conclude that you are not adequately protecting their interests or are incapable of protecting Affect Change’s interests, and you agree to cooperate with the Affect Change Indemnified Parties’ defense of these claims. You agree not to settle any matter without the prior written consent from Affect Change. Affect Change will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.