Terms of Use & Community Member Agreement

TERMS OF USE & COMMUNITY MEMBER AGREEMENT

Updated: September 1, 2012

Welcome to ClimbForChange.com (the "Site"). The Site is operated and presented to users by Climb For Change Enterprises Inc. (“CFC”).

Acceptance of Terms

The terms of use below (the "Terms of Use") constitute a legal agreement between you as the user, and CFC. The Terms of Use governs your access to and use of the Site and all services offered thereon (such access, use and services, collectively, the "Service").

PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THE TERMS OF USE. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE SERVICE.

Modifications to Terms

CFC may modify the Terms of Use from time to time. Any modifications will be effective upon the earlier of the posting of the modified Terms of Use to the Service or upon e-mail notification of the changes to you. It is your responsibility to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms of Use.

Unless expressly stated otherwise by CFC, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service will be subject to the Terms of Use.

Account Registrations

In consideration of your use of the Service, you agree to (a) provide accurate and complete information about yourself (and others, as applicable) as requested in any account registration form and/or other similar forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate and complete. If CFC suspects that your Registration Data is inaccurate or incomplete, CFC may suspend or terminate your account.

Usernames and Passwords

You will choose a username and password upon completing the Service's account registration process. You will maintain the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Service will be for your personal use only. You agree to (a) immediately notify CFC by email to contact@climbforchange.com of any unauthorized use of your username or password; and (b) ensure that you exit from your account at the end of each session.

Privacy

Registration Data and certain other personally identifiable information we collect from you in connection with the Service ("Personal Information") is subject to our Privacy Policy and is hereby incorporated into the Terms of Use by reference.

Content of the Service

All information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Service ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Service. CFC does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will CFC be liable in any way for any Content, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service.

Requirements for Submitted Content

You represent and warrant that you will NOT use the Service to do any of the following:

a)     upload, post, transmit or otherwise make available any:

i)      Content that infringes, misappropriates or otherwise violates intellectual property rights or other contractual rights of any party;

ii)     Content that is unlawful, threatening, abusive, harmful to minors, vulgar, obscene, defamatory, invasive of another's privacy, or otherwise objectionable;

iii)    Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as any private information of any third party, Content you did not create or Content that you did not have permission to post);

iv)    unsolicited communications or advertising not authorized by CFC, or any other form of solicitation for any type of information; or

v)     material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

b)    obtain any information or Content from the Service using any robot, spider, scraper or other automated means for any purpose;

c)     take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

d)    intentionally or unintentionally violate any applicable local, federal, provincial or international laws;

e)     impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or

f)     collect or store personal data, including email addresses or data about other users in connection with the prohibited activities described in this paragraph.

CFC may, in its sole discretion, pre-screen, refuse, remove or move any Content that is available via the Service. In addition, CFC may remove any Content that violates the Terms of Use or is otherwise objectionable as determined by CFC in its sole discretion. You will evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity and accuracy of such Content.

By posting Content to the Service, you authorize and direct CFC to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site.

Ownership of the Service

Except for the Content submitted by users, the Service, including all Content displayed on the Service and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by CFC or its licensors. You may not commercially exploit any part of the Service except as expressly permitted by CFC.

Service and Content Security

The Service and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by CFC or the providers of the Content. You will not attempt to override or circumvent any of the usage rules embedded in such security components.

Third-Party Links

The Service may contain, or third parties may provide via the Service, links to third party websites or resources, including use of the IATS payment processing system to process and collect donations for charitable fundraising campaigns. CFC has no control over such sites and resources, and is not responsible for the availability or functioning of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further agree that CFC is not responsible for any claims, losses, debts arising from your use of any third-party website or resource, including the IATS payment processing system.

Use of Site to Promote or Donate to Charitable Fundraising Campaigns

The Site may be used by a user on behalf of a charity to raise money through a fundraising campaign for the designated charity’s programs and activities. It may also be used by users to donate money to a charity through fundraising campaigns. You acknowledge that any donation made to a fundraising campaign described on the Site will be processed through a third-party payment processing company called IATS.

As such, any donations made via the Site, will be governed by the IATS User Agreement and IATS Privacy Policy. CFC is not a partner, agent, employee of IATS, and as such will not be responsible or liable for any claims, losses or damages arising from your use of the Site and the IATS payment processing system to make or receive a donation, as the case may be, to a fundraising campaign using the Site. In the event of any issue arising from a donation made using the IATS system on the Site, you should contact IATS and/or the subject charity directly. As a courtesy to the user and any charity using the Site, CFC may assist with any issues arising from the donations process, but is not under any legal obligation to provide such assistance.

CFC and IATS are not responsible for issuing charitable receipts for donations made through the Site. If there is an issue in connection with a charitable receipt, please contact the subject charity directly.

For more information about the CFC and IATS alliance, as well as a current fee schedule for use of the IATS payment processing system, visit “FAQs/Help” section on the Site. All information contained in “FAQs/Help”, as updated and modified from time to time, is incorporated by reference into the Terms of Use.

Indemnity

You will defend, indemnify and hold harmless CFC, its officers, directors, employees and agents, from and against any and all claims arising from or related to (a) your use of or access to the Service; (b) your violation of any term of the Terms of Use and related policies; (c) your violation of any third party right, including any copyright, property, or privacy right; or (d) any claim that Content you submitted caused damage to a third party. The foregoing defense and indemnification obligation will survive the Terms of Use and your use of the Service.

Content License

By submitting Content to the Service, including posting  information, content or comments to blogs, public forums and discussion groups, (the “Submitted Content”), you grant CFC a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, translate, reproduce, modify, publish, publicly distribute, import, publicly display, publicly perform, digitally perform, create derivative works of and otherwise use such Content (including any copyrights, trademarks or other intellectual property contained therein), and the right to sublicense the foregoing rights (through multiple tiers) to third parties, for only the following purposes: (i) operating the Service; (ii) promoting the Submitted Content; (iii) promoting CFC; and (iii) promoting social change.

For greater certainty, CFC will not have any other rights in or to the Submitted Content and in particular, will not claim copyright, file trademark applications or file patent applications over or using the Submitted Content. YOU, OR THE OWNER (IF APPLICABLE), RETAINS OWNERSHIP AND ALL OTHER RIGHTS TO AND IN THE SUBMITTED CONTENT. If you are not the owner of the Submitted Content, you represent and warrant that you have the authority to grant this License.

Termination

CFC may suspend or terminate your access to all or part of the Service and remove any Content you submit to the Service without prior notice (a) at the request of any legal authorities (b) if the Service is discontinued or materially modified, (c) upon the occurrence of any technical or security issues or problems, or (d) if you engage in any conduct that CFC believes in its sole discretion violates any provision of the Terms of Use. In addition, CFC may terminate individual user accounts due to inactivity. Upon termination CFC may delete all Content and all information related to your account.

Content and Warranty Disclaimer

The information on the Site is provided "as is" for general information only. CFC makes no warranties of any kind regarding the Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that the Site, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

CFC makes no representations that the Service is appropriate or available for use in locations other than Canada, from where it is controlled and offered by CFC. Those who access or use the Site from other jurisdictions are responsible for compliance with local laws.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CFC BE LIABLE FOR ANY DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, OR ANY ISSUE ARISING FROM USE OF THE IATS PAYMENT PROCESSING SYSTEM TO GIVE OR RECEIVE DONATIONS.

THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN BRITISH COLUMBIA. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CFC IS NOT RESPONSIBLE FOR THOSE COSTS.

Ability to Accept Terms of Use

By registering for a user account and password for the Site, you affirm that you are over the age of 18. If you are under 18 years of age, you are not authorized to register a user account on the Site, unless your parent or guardian registers for a user account on your behalf.

User Disputes

You are solely responsible for your interactions with other Service users. CFC will not be liable for any claims, damages or other losses arising out of any disputes between users.

Governing Jurisdiction

The Site (excluding linked sites) is controlled by CFC, which is headquartered in British Columbia, Canada. The laws of British Columbia, Canada will govern all matters arising from or relating to use of the Site and in the event of any dispute, you will attorn to the laws of this jurisdiction.

Violations of the Terms of Use

Please report any violations of the Terms of Use to contact@climbforchange.com.