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Terms Of Use

 

Welcome to Grads.VillageofChange.com (“Site”), an online community for students to highlight graduation and their senior year of school. Please read these Terms of Use (the “Agreement” or “Terms of Use”) carefully before using the services offered by Village of Change, LLC (“Village of Change” or the “Company”). This agreement sets forth the legally binding terms and conditions for your use of the website at www.grads.villageofchange.com, all other sites owned and operated by Village of Change that redirect to  www.grads.villageofchange.com, and all subdomains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement, our Privacy Policy, all applicable laws and all conditions or policies stated or referenced here (collectively, the “Terms of Use”).



Legal Terms

 

Definitions and Description of Service

 

Village of Change is an online community for students to highlight graduation and their senior year of school.

 

A “Visitor” is someone who is browsing the Site.

 

A “Member” is someone who registers on the Site.

 

Visitor and Member are collectively referred to as “Users.”

 

Village of Change’s services include our website and any additional features, forums, content, and functionality offered by us in connection with the Site. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Members and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

 

Village of Change is a Platform

Village of Change is a platform for high school seniors to create a Senior Page highlighting their graduation and their senior year of school. Village of Change makes no representations about the quality, safety, morality or legality of any Profile and/or the truth or accuracy of content posted on the Site. Village of Change does not represent that Members will deliver accurate information. Users use the Service at their own risk.

 

Acceptance of Terms

 

These Terms of Use apply to every User of the Service. Village of Change reserves the right, at its sole discretion, to modify, update, or replace these Terms of Use by posting the updated Terms of Use on the site. Changes are effective immediately upon posting. Your continued use of the Site and Service following the posting of any changes constitutes your acceptance of the revised Terms of Use. By using and accessing our Site, you agree to our Terms of Use and any other policies/legal notices we post on our Site.

 

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. By becoming a Member, you represent and warrant that all registration information you submit is accurate and truthful.

 

The Company may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

 

 

For Users

Take the time to read and go through the Terms of Use for this Site. When you register and accept this agreement, you become a member. This means you accept all the terms and conditions set forth herein (the “Terms of Use” and “Privacy Policy”). If you are a student under the age of 18, it is important you go through the Terms of Use and Privacy Policy together with your parent or legal guardian so you are aware of what you can and cannot do on the Site. If you are under the age of 13, you are NOT allowed to use the “Site.”

Eligibility to Use the Service

If you are a student under 18 years of age, you are only eligible to use the service with the consent of your parent or legal guardian. If you are between the ages of 13 and 17 you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old or older, provided that your parent or legal guardian also agrees to be bound by these Terms of Use, Privacy Policy, and agrees to be responsible for your use of the Service. You are NOT eligible to use the Service if you are under the age of 13. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and you have not been explicitly authorized by Village of Change to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a “Member” at any time for any reason without liability.

 

For Parents

If your child is under the age of 18 and has become a member of Grads Village of Change and you do not accept this agreement, please contact us at support@villageofchange.com. Members under the age of 13 are NOT allowed to use the Site in any way. The Site’s purpose is to provide an online community for students to highlight graduation and their senior year of school.

 

Registration Information

All of your registration information must be accurate and truthful. You agree to inform Village of Change immediately if your account has been used without your authorization or there has been any breach of your account’s security. You also agree to provide additional information we may reasonably request to validate authenticity. You agree to truthfully and completely answer any questions we may ask to verify your identity.

 

Fees

Village of Change charges a one-time setup fee for joining our Site. Upon joining our site, Village of Change does not offer refunds. The total cost of the one-time setup fee is $3.99. This price includes the following: VOC one-time fee, credit card fee and $0.30 per transaction fee. We use Stripe as our secure payment processor. Stripe charges a credit card fee of 2.9% and a $0.30 fee for each transaction. Stripe's fees are included in the total cost for joining our Site.

 

Member Obligations

 

As a member, you agree to:

Provide true, accurate, current, and complete information when using the Site, not limited to information about yourself. You will maintain the accuracy of all information you provide by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information of Members. We reserve all rights to suspend or terminate your account, refuse any current or future use of the Service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information of any User.

 

Profiles on Grads Village of Change

 

Village of Change allows Users to create a profile page. Village of Change is not liable for your interactions with any User found on our Site. This includes, but is not limited to, the representations, warranties, and terms associated with Users’ profile pages found on Grads Village of Change. Village of Change is not responsible for any damages or losses incurred as a result of dealings between you and such Users.

 

Village of Change is under no obligation to become involved with disputes between Users, or between users and third parties. In the event of a dispute, you release Village of Change, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, regardless if they are known, suspected, or disclosed, that arise from or are in any way related to such disputes and our service.

 

Village of Change cannot be held liable for the actions of its Users. Village of Change reserves the right to cancel a profile page at any time for any reason. Village of Change reserves the right to remove a profile page, or suspend the profile page from public listings for any reason.

 

 

Village of Change is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to any terms, conditions, warranties, or representations associated with Profiles on the Site. Village of Change does not endorse any User Submissions. You release Village of Change, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

 

Rules and Conduct

 

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in these “Terms of Use”). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or submit content that is considered abusive, disrespectful, mean, promotes hatred, harassment, or is considered spam. In addition, content that contains any of the following shall be considered in violation of the “Terms of Use”:

 

 

 

 

 

Village of Change will make every effort to ensure that the Site best serves the interests of all Users, and, therefore, Village of Change reserves the right to edit, delete, or refuse to post content that violate the above-referenced, as well as revoke the privileges of Users who do not comply with such rules.

 

If you believe that any content on the Site violates any of the provisions of these Terms, please send us a message at support@villageofchange.com. We reserve the right to take, or refrain from taking, any or all actions available to us once we receive a message.

 

We do not guarantee that others on the Site are or will comply with the Rules of Conduct or provisions of these Terms. You, not Village of Change, assume all risk of harm or injury resulting from any such lack of compliance.

 

No Commercial Use

 

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

 

You agree to grant to us a royalty-free, worldwide, non-exclusive, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you post or upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data we store on our servers.

 

Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site enables the download of particular Content if you use it for your personal, non-commercial home use only, and do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. We do not transfer the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content to you or any third party nor authorize you to create derivative works based on the Content.

 

You further understand and acknowledge that you may be exposed to User Content that may be inaccurate or that you find offensive or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold Village of Change, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

 

Certain features or areas of the site may offer open communication between Users such as posting comments. You acknowledge these areas are for public and not private communications, and you have no expectation of privacy with regard to submissions in these areas. We make all such disclosures at your own risk. You are solely responsible for the Content you distribute on or through the Site under your username or otherwise by you.

 

You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with these “Terms of Use”. You agree to follow certain rules of conduct and other rules that prohibit practices that we deem as harmful. These rules apply to all Users, including Visitors and Members. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including removing the offending content from the Site and terminating the Membership of such violators and any other involved parties.

 

 

Third-Party Sites and Content

 

The appearance of external links and postings made by third parties on the Site does not mean that Village of Change endorses the opinions or views expressed. When you access third party websites, you do so at your own risk. These other websites are not under Village of Change’s control. Village of Change is not responsible or liable for any aspect of such websites. You acknowledge and agree that Village of Change is not responsible or liable, directly or indirectly, for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. You also acknowledge that Village of Change is not responsible or liable for, any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. You further acknowledge that when you access third party websites, you are agreeing to their Terms of Use and Privacy Policy stated on their site.

 

Content and License

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

 

The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. This license is subject to your compliance with these Terms of Use.

 

Intellectual Property

 

By becoming a Member of the Site, you agree to the following terms:

 

 

 

 

 

 

 

 

 

 

 

Copyright Infringement

 

Village of Change will remove infringing material in accordance with the Digital Millennium Copyright Act if properly notified that Content infringes copyright. If you believe your work has been copied in a way that constitutes copyright infringement, please contact Village of Change at support@villageofchange.com. Village of Change may also terminate a Member’s account for infringement.

 

Waiver and Release

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of these Terms of Use, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

 

Limitation of Liability

You release Village of Change (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the Terms of Use of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release Village of Change (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site. (e) VILLAGE OF CHANGE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VILLAGE OF CHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

 

Privacy Policy

Use of the Site is governed by our Privacy Policy, which is incorporated herein by reference and is also subject to change from time to time (grads.villageofchange.com/privacy-policy).

 

Governing Law

These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) and the relationship between you and Village of Change shall be governed in all respects by the laws of the State of California without regard to conflict of law principles. You and Village of Change agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, California except as provided below regarding optional arbitration.

 

Optional Arbitration for any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.

 

Termination

Village of Change reserves the right to terminate access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your account, you may do so by following the instructions on the Site or contacting us at support@villageofchange.com. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Indemnity

 

You hereby agree to indemnify, defend and hold Village of Change, its affiliates, and each of its and its affiliates’ respective officers, directors, shareholders, employees, agents, licensors, representatives, and third party providers to the Site, harmless from and against all liabilities, claims, losses, expenses, damages and costs, including reasonable attorneys' fees and other legal fees, resulting from any violation, use or misuse by you of these Terms of Use. Village of Change reserves the right to assume, under its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Village of Change in asserting any available defenses.

 

Warranty Disclaimer

 

Your access to and use of the Service or any Content is at your own risk. Village of Change has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Village of Change cannot guarantee the authenticity of any data or information that Users provide about themselves. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the service. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Village of Change AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Village of Change will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Village of Change has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Village of Change or through the Service, will create any warranty not expressly made herein.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VILLAGE OF CHANGE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, 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, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (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 VILLAGE OF CHANGE HAS 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.

 

Miscellaneous

 

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.