Terms and Conditions
Last updated: November 18, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the changefunder.org or app.changefunder.org websites (the "Service") operated by ChangeFunder.org , Inc.("ChangeFunder", "us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED BELOW, BY USING THE SERVICE, YOU AGREE THAT ANY DISPUTE YOU HAVE WITH CHANGEFUNDER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are solely responsible for your conduct and your content when using the Service and for compliance with these terms. You agree that you will not post, email or make available any content or use the Service:
Additionally, you agree not to:
You agree not to authorize or encourage any third party to use the Service to facilitate any of the foregoing prohibited conduct. You also agree that these Terms of Service inure to the benefit of our service providers (including our network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Terms of Service. Notwithstanding anything to the contrary, by using the Service you agree to indemnify and hold harmless our service providers on all matters related to your interaction with others using the Service.
Our Service may permit you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (generally "Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity and (iii) projects, needs and ideas – and the associated financial estimates – are original, accurate, and verifiable. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
ChangeFunder has the right but not the obligation to monitor and edit or remove any Content provided by users.
When you post information about a project seeking donations, you represent and warrant that:
(i) All information you provide is accurate and complete;
(ii) Donations received will be used exactly as described in the materials you post;
(iii) You will comply with any applicable financial reporting obligations, including without limitation tax reporting and asset disclosures for your project;
(iv) We are authorized to provide information about you, your account, and your project to donors, beneficiaries, financial institutions, regulatory authorities, and government agencies as we deem appropriate in our sole discretion; and
(v) You will cooperate fully in any audit or other investigation by ChangeFunder or any other entity or agency, whenever such cooperation is requested by ChangeFunder.
Submitting an idea for funding in no ways guarantees that the effort will be funded. If funding is received, the recipient must demonstrate the full and accurate use of the received funds. ChangeFunder, in its sole discretion, reserves the right to suspend, cease, or reverse the collection and/or distribution of donations for any project that it suspects of violating these Terms of Service. Any violation of the requirements herein may result in immediate termination from the platform, reports to appropriate authorities, and appropriate legal action.
Content delivered through the Service is the property of ChangeFunder and its platform provider, mPowered Development, or is provided with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
ChangeFunder.org, Inc. is a registered 501(c)3 charity, and donations to ChangeFunder and through its platform are tax-deductible to the full extent of the law, less any transaction fees not deemed tax-deductible; we advise you to confirm any contributions with your accountant. The Service is an informational platform that provides information regarding projects and permits you to evaluate projects listed on the service and make donations if you choose to do so.
All donations are at your own risk. When you make a donation through the Service, it is your responsibility to understand how your money will be used. ChangeFunder does its best to validate each project description before it is posted but does not guarantee that the information and content provided is accurate, complete, or up to date, and has no control over the conduct of individuals associated with a project or whether any donation will be used in the manner you intend or expect.
Notwithstanding the foregoing, ChangeFunder takes seriously any suggestion that donated funds are being misused. If you believe that a project is misusing funds, please notify ChangeFunder so that we can investigate.
None of the content in the Service constitutes tax, financial, or legal advice. Before making a donation, you should consult tax, financial, legal, or other advisors as appropriate. You are responsible for obtaining information and making a final decision about the value of contributing to any project.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality (current or described as intended in the future) are and will remain the exclusive property of ChangeFunder, mPowered Development, and their licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ChangeFunder.
Our Service may contain links to third party web sites or services that are not owned or controlled by ChangeFunder. ChangeFunder has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that ChangeFunder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
ChangeFunder, mPowered Development, their subsidiaries, affiliates, and their licensors do not warrant that a) the Service will function without interruption, or be secure or available at any particular time or location; b) that any errors or defects will be identified or corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You release ChangeFunder, mPowered Development, and their officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every type, known and unknown, connected in any way with (i) donations you make using the Service or in response to information you receive from the Service, and/or (ii) any dispute you have with another user of the Service arising from use of the Service. You expressly waive any statutory or other protection that would otherwise limit this release to claims that you know of (or suspect to exist) when you open your account and agree to this release.
You agree to defend, indemnify and hold harmless ChangeFunder, its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) use of and access to the Service, by you or any person using your account and password; b) a breach of these Terms, c) your violation of any law or other rights of a third party, d) your failure to honor the terms of any donation using the Service, or d) your Content posted on the Service.
In no event shall ChangeFunder.org, Inc. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the State of Maryland in the United States of America, without regard to any conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting revised terms at this location. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service or your account on the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Infringement Claims - Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act (Title 17 USC 512(c)), a copyright owner or their agent may submit a takedown notice relating to material posted to the Service. ChangeFunder is entitled to claim immunity from infringement claims pursuant to the “safe harbor” provisions of the DMCA.
Users who violate the Service’s internal repeat infringer policy will have their accounts terminated.
To submit an infringement claim to ChangeFunder, you must provide a notice including the following information:
Civil damage penalties, including costs and attorney fees, may apply against any person who knowingly and materially misrepresents certain information in a notification of infringement. Send all takedown notices to email@example.com. Please note that the identity and information in any copyright infringement claim we receive may be communicated to the alleged infringer.
If you have received a notice that your Content was taken down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the Service(s). The notification must be sent in writing to firstname.lastname@example.org and must contain the following elements (17 USC 512(g)(3)):
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
These Terms of Service constitute the entire agreement between you and ChangeFunder.org, Inc. and govern your use of the Service, superseding any prior agreements between you and us with respect to the Service. The failure of ChangeFunder.org to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the website or via application.