| Terms and Conditions for use of the Together We Can Change The World Day database |
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This web site, and the Together We Can Change The World Day (TWCCTW) database, are owned and operated by Together We Can Change the World, Inc. ("we" or "us"). To help people find a way to participate in TWCCTW Day, and to assist those who need help to complete their TWCCTW Day projects, we are encouraging people to submit their projects for inclusion in the TWCCTW Day database maintained on this site. Your use of the TWCCTW Day database or submission of a project signifies your agreement to the following TWCCTW Day database terms and conditions, and to the TWCCTW Day's general Terms of Service. Upon notice published on this site, we may amend or modify these terms and conditions at any time. Your use of the TWCCTW Day database or submission of a project after such notice, shall constitute acceptance of such amendments, modification or new terms. 1. No Endorsement of Projects. TWCCTW Day was created by us. Please note, however, that just because a project is listed in the TWCCTW Day database does not mean that we have reviewed it or that we in any way endorse or approve of it. Your participation in TWCCTW Day is your sole responsibility, so please use your common sense and good judgment when posting a project or selecting a project in which to participate. As is further set forth in Section 8 below (Disclaimers), WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY INCUR ARISING OUT OF MATERIAL POSTED TO THE TWCCTW Day database, YOUR POSTING OF A PROJECT, OR YOUR PARTICIPATION IN A TWCCTW PROJECT. 2. Restrictions on Use of TWCCTW Day database Information. We have created the TWCCTW Day database to help support TWCCTW Day. The TWCCTW Day database is protected by international copyright, trademark, and other intellectual property rights. We grant you a license to use, copy and distribute the information you obtain through the TWCCTW Day database to locate suitable TWCCTW Day projects in which you and others can participate, and to come up with project ideas of your own. However, we expressly prohibit you from using the TWCCTW database or any information retrieved from it for any purposes other than your personal, non-commercial use. You agree that we are entitled to obtain immediate injunctive relief, without the necessity of proving damages or posting any bond, to prevent any actual or threatened breach of this license restriction. 3. Prohibitions on Project Submissions. You may not submit or post any material to the TWCCTW Day database that:
4. Reservation of Rights. We are not responsible for monitoring, reviewing or editing material that is submitted for posting to the TWCCTW Day database. Nevertheless, we may remove or refuse to post any material, in whole or in part, that, in our sole judgment, is objectionable, violates these terms and conditions or any applicable law, or is inconsistent with the spirit of TWCCTW Day. In addition, we reserve the right at all times to disclose any material, as necessary, to satisfy any law, regulation or governmental request. We also reserve the right to edit such material for clarity and/or to correct typographical errors, but we are not responsible for any errors that may occur in any posting. 5. Indemnity. You agree to indemnify and hold Together We Can Change The World, Inc. and its affiliates, and all of their respective employees, officers, directors, shareholders, agents, representatives, successors and assigns (each an "Indemnified Party"), harmless from any losses, damages or costs (including reasonable attorneys' fees) that may occur arising out of your project submission, your use of the TWCCTW Day database, or your breach of any of these terms and conditions. Any Indemnified Party reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 6. License to Materials Posted by You. By submitting or posting material to the TWCCTW Day database, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
The foregoing grants shall include the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. 7. Privacy.
8. DISCLAIMERS. We may provide links and pointers to Internet sites maintained by third parties. Neither Together We Can Change The World, Inc., its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. THE MATERIALS IN THE TOGETHER WE CAN CHANGE THE WORLD DAY database ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. [WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS CONTAINED IN THE TWCCTW DAY DATABASE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE TWCCTW DAY DATABASE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS IN THE TWCCTW DAY DATABASE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 9. Limitation of Our Liability. Under no circumstances, including, but not limited to, negligence by us, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the TWCCTW Day database or your participation in any listed project. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user or entity on whose behalf a project is posted. If you are dissatisfied with the TWCCTW Day database or your participation in any listed project, or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using the TWCCTW Day database or discontinue participating in a listed project. 10. Termination. This agreement is effective until terminated by Together We Can Change the World, Inc., at any time without notice. In the event of termination, you are no longer authorized to access the TWCCTW Day database and the restrictions imposed on you with respect to material downloaded from the Together We Can Change The World database, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. 11. Other. This agreement constitutes the entire agreement between Together We Can Change the World, Inc. and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. |