Terms of Service

11th NOVEMBER 2011

YOU ARE ADVISED TO READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the “website”) is provided by feelthechange.org (“us” or “we”) and is subject to the following terms (this “Agreement”):

 

1. Acceptance of Terms

By using the feelthechange.org website you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change any aspect of the site, or suspend it, at any time, for any purpose and without notice. We also reserve the right to change, modify any aspect of the terms of this Agreement by posting a new version to the site at any time, for any purpose and without notice. Please review this Agreement regularly to be updated on the current terms of Agreement. Your continued access and use of this website will be deemed as an irrevocable acceptance of any changes, modifications or alterations to the website. You should therefore visit this page regularly and review this Agreement for the current terms of this Agreement. Certain areas within this website may be subject to additional terms and conditions. Please read these terms and conditions carefully before using those areas. Any such terms will not vary or replace the terms of this Agreement in relation to use of this web site unless otherwise clearly stated.

 

2. Representations

By using the feelthechange.org website you represent and warrant that you have legal capacity to enter into this Agreement (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read our Privacy Policy. Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

3. Registration

In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If feelthechange.org believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.

 

4. Restrictions on Use of Materials

The website is only for your personal use. You may not use the website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity. Permission for any other use must be obtained by contacting us at info@feelthechange.org. Except as expressly provided elsewhere by this website, any material found on the www.feelthechange.org website including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast, transmitted, distributed, entered into a database, displayed, modified, exploited (not even as part of a derivative work), or performed in any way except for your own personal non-commercial use on a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the website or the content, in whole or in part, and (c) do not use the content in an unlawful manner or in a manner that suggests an association with any of our products or services.

Feelthechange.org respects the intellectual property rights of others and asks users of this website to do the same.

 

5. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.

Feelthechange.org’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.

 

6. Disclaimer of Warranties

We make no commitment regarding the availability, performance or functions of the site and give no warranty of any kind, either express or implied, that your access to the site or use of the materials, information, software, facilities, services and other content, on the site will be lawful in any particular jurisdiction – you are responsible for compliance with local law and regulation. Feelthechange.org will not be liable for any loss or damage of any kind which arises or may arise as a result of or in connection with your use of or reliance on information on the site or of any unavailability or failure of the site itself, including as a result of our negligence. You acknowledge that we provide the contents of this site on an “as is” basis with no warranties of any kind. Your use of this site and use or reliance upon any materials or information on it is solely at your own risk. We do not guarantee that material on this site will be free from infection, viruses, worms, Trojan horses and/or other similar code. You are responsible for virus checking and taking any other protective steps.

 

7. Limitation of Liability

Nothing in this Agreement limits or excludes our liability for any fraudulent mis-statement, death or personal injury resulting from negligence, or any other liability the limitation or restriction of which is prohibited by law. Feelthechange.org does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this website or the material, information, software, facilities, services or other content on this website, regardless of the basis upon which liability is claimed and even if feelthechange.org has been advised of the possibility of such loss or damage. Without limitation, you (and not feelthechange.org assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

 

8. Creative Submissions

In these terms of use, “Submissions” means text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the feelthechange.org website.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means (1) Those Submissions that we expressly request or enable you to provide to us via any feature or activity on the feelthechange.org website for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern those submissions (“Additional Terms”), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. It also means (2) Those Submission that you distribute on or through the feelthechange.org website for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled “PUBLIC FORUMS, EMAILS and COMMUNICATIONS”).

“Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. Feelthechange.org does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by  feelthechange.org staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send feelthechange.org any unsolicited submissions.

In any event, no material you send to us will be treated as confidential.

 

9. Public Forum postings, Emails and Communications

“Public Forum” means an area, site or feature offered as part of the feelthechange.org website that offers the opportunity for users to Distribute Submissions for viewing by one or more feelthechange.org website users, including a chat area, message board or social community environment.

By using such area, site or feature you acknowledge that “Public Forums” are for public and not private communications and you have no expectation of privacy with regard to any submission to a public forum. You also acknowledge that we cannot guarantee the security of any information that is disclosed through this forum. You therefore make such disclosures at your own risk.

Subject to applicable law, you are and shall remain solely responsible for the Submissions you distribute on or through feelthechange.org under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.

Also, you should be sceptical about information provided by others, and you acknowledge that the use of any submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.

We reserve the right to screen, refuse to post, remove, edit, store and/or review submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the submissions conforms to the Rules of Conduct, in our absolute and sole discretion without prior notice. If we elect to screen submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

Please act responsibly when using the feelthechange.org website. You may use this website and its contents only for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by feelthechange.org) or privately transmitted on or through this website are the sole responsibility of the sender, not feelthechange.org, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.

 

10. Use of Submitted Content

Feelthechange.org will consider anything you provide and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this website (see “Creative Submissions” above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this website and/or providing any communication or material to feelthechange.org (“User Content”), you automatically and irrevocably:

(a) grant and assign to feelthechange.org any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its assignment, sublicensing, reproduction, distribution, modification, publishing and/or other exploitation by feelthechange.org and/or by any person authorised by feelthechange.org, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(c) appoint feelthechange.org as your agent with full power to enter into any document and/or do any act feelthechange.org may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(d) warrant that you are the owner of the User Content and entitled to enter into this Agreement;

(e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that feelthechange.org shall not be liable for any use or disclosure of such User Content.

Without prejudice to any of our other rights under these terms of use or at law, we reserve the right to:
(i) refuse to post or communicate or remove any Submission from feelthechange.org that violates these terms of use (including the Rules of Conduct) and
(ii) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either:
(a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or
(b) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the feelthechange.org website. Moreover, we retain all rights to remove submissions at any time for any reason or no reason whatsoever.

 

11. Rules of Conduct

Feelthechange.org requires that you do not post e-mails or submit to us or otherwise make available on this website any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(c) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

(d) violates any law or may be considered to violate any law;

(e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(f) advocates or promotes illegal activity;

(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorised on this website;

(i) solicits funds, advertisers or sponsors;

(j) includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;

(l) copies any other pages or images on this website except with appropriate authority;

(m) amounts to a “pyramid” or similar scheme;

(n) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or

(o) contains links to other sites that contain the kind of content that falls within the descriptions set out at (a) to (n) above.

(p) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by feelthechange.org anywhere on this website (e.g. on any web space made available for your use).

 

12. Hyperlinks To and From Other Sites

(a) This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of feelthechange.org, and you acknowledge that (whether or not such sites are affiliated in any way with feelthechange.org) Feelthechange.org is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by feelthechange.org or any association with its operators.

(b) Feelthechange.org cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from feelthechange.org where they are owned and operated by independent retailers. Feelthechange.org does not endorse any of the merchandise, nor has feelthechange.org taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Feelthechange.org does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

(c) Any area of this website that is accessed through any third party proprietary online service or website is subject to the rules, policies and guidelines of such third party proprietary online service or website.

 

13. System Abuse

(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website, unless otherwise expressly permitted by this website.

(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.

 

14. Investigations

Feelthechange.org reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to the website. Feelthechange.org may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. Feelthechange.org may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If feelthechange.org believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Feelthechange.org may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FEELTHECHANGE.ORG FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FEELTHECHANGE.ORG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FEELTHECHANGE.ORG OR LAW ENFORCEMENT AUTHORITIES.

 

15. Local Regulations

Feelthechange.org makes no representation that materials or other content in the website are appropriate or available for use outside theUnited Kingdom, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from theUnited Kingdomor the country you reside in.

 

16. Indemnity

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You agree to indemnify and hold harmless Feelthechange.org, its owner, staff, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys” fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website’s servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section and control of any matter otherwise subject to indemnification by you. In such event, you shall provide us with such cooperation as is reasonably requested by us in the defense of any claim.

 

17. Applicable Law and Jurisdictional Matters

This Agreement shall be governed by, interpreted and enforced in accordance with the laws ofEnglandandWales.

 

18. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

 

19. Contacting feelthechange.org

If for any reason you need to contact feelthechange.org please do so by email at info@feelthechange.org

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