By accessing, viewing, downloading or otherwise using ForceChange or any webpage or feature available through ForceChange, any information provided as part of the ForceChange services, or any related emails, newsletters or other services (hereinafter collectively “ForceChange” or the “Services”), you conclude a legally binding agreement with us (“we”) based on the terms of this agreement (“Agreement”) and become a ForceChange user (“User”). If you are using ForceChange on behalf of a company or other entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User do not access, view, download or otherwise use any ForceChange webpage, information or services.
By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
I. Your Obligations
2. You do not have to submit anything to us, but if you choose to submit something (including any Content (CONTENT), ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform ForceChange in the event that any such information has changed since you submitted it to ForceChange and, if appropriate, you agree to make such modifications to make that information accurate.
3. ForceChange has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform ForceChange.
4. Prior to joining ForceChange, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of ForceChange Users and to ForceChange and you must not communicate to ForceChange and its Users any information the dissemination of which could be harmful to you.
5. You represent and warrant that you (a) are not under the age of 13; (b) have not previously been suspended or removed from ForceChange; (c) are not a direct competitor of ForceChange; (d) do not have more than one ForceChange account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to ForceChange.
6. Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach, or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading, transferring, or otherwise allowing access to your ForceChange account or any information therein to another party or charging anyone for access to any portion of ForceChange, or any information therein.
7. You will indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to ForceChange or (c) any activity in which you engage on or through the ForceChange.
8. If you subscribe to any services that we may offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
9. Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
10. This Agreement applies to your use of premium or special services that ForceChange may introduce in the future.
11. Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ForceChange account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of any mobile user license that may be provided at download.
12. ForceChange allows Users many opportunities to share your observations, opinions and comments on different issues. ForceChange cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. FORCECHANGE IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ANYWHERE ON THE FORCECHANGE.
13. Your use of ForceChange services, including its software, is subject to export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
14. All users who join or sign a petition on ForceChange agree to receive email notifications and the newsletter. The user can disable all email notifications and the newsletter at any time.
15. From time to time ForceChange may introduce certain promotions. You understand ForceChange reserves the right to cancel or change these promotions at any time for any or for no reason. Your participation in a promotion does not create a employer-employee relationship. You agree to participate at your own pleasure and under no obligation from ForceChange. ForceChange shall never be liable for the failure of any partners to adequately undertake their responsibilities in a promotion. ForceChange will make its reasonable best efforts to ensure any programming required to track promotions is done so accurately. However, ForceChange shall not be liable for any unintentional programming errors that may result in inaccurate information. All content on ForceChange is subject to moderation by site owners and members of the public. As a result, content on ForceChange can be unpublished at any time for any or no reason. Unpublished content will not count towards any promotions.
II. Your Rights
III. Our Rights and Obligations
1. The purpose of ForceChange is to provide a service to facilitate the promotion of different causes, petitions and the discovery of information and sharing of ideas among Users and organizations throughout the world.
2. For as long as ForceChange continues to offer services, ForceChange shall provide (and seek to update, improve and expand, in similar and different new ways) the ForceChange platform and service through ForceChange’s proprietary tools, rules and protocols which ForceChange may update, improve, discontinue and change at any time, at ForceChange’s sole discretion.
3. Any other use by you of ForceChange (such as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
4. We allow you to access ForceChange as it may exist and may be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ForceChange, partially or entirely, or to charge and modify prices for ForceChange. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ForceChange and all related items.
5. ForceChange reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice, for any or for no reason. For avoidance of doubt, ForceChange has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
6. ForceChange may include or automatically produce links to third party web sites (“Third Party Sites”). ForceChange is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. ForceChange may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). If you decide to leave ForceChange and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from ForceChange or relating to any applications you use or install from the site.
7. ForceChange may enable certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by ForceChange and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
8. Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications.
9. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ForceChange, ForceChange Affiliates, its Users or the public.
10. ForceChange may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
11. You are solely responsible for your interactions with other members. ForceChange reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if ForceChange determines, in its sole discretion, that doing so is prudent.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON FORCECHANGE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR FORCECHANGE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
FORCECHANGE DOES NOT PROVIDE ANY PROFESSIONAL ADVICE. Information provided via FORCECHANGE is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. You should always seek independent professional advice in the applicable area before acting on any opinion, advice, or information available on FORCECHANGE.
Nothing on ForceChange shall form a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith.
Throughout ForceChange, certain terms, including “Expert”, “Specialist”, “Consultant”, “Advisor” or other similar term may be used to refer to, or identified by ForceChange as, someone who claims to have certain knowledge, background or experience that may be useful. Use of such terms provides no assurance that the person has any expertise or qualifications to give such advice. You acknowledge that ForceChange has not and cannot independently verify their qualifications.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY FORCECHANGE OR ANYTHING RELATED TO FORCECHANGE, YOU MAY LEAVE FORCECHANGE AT ANY TIME AND SUCH EXIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
FORCECHANGE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER CONTENT) SENT THROUGH FORCECHANGE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
FORCECHANGE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, FORCECHANGE DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
FORCECHANGE DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, TECHNICAL IMPROVEMENTS, OR TECHNICAL PROBLEMS. FORCECHANGE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FORCECHANGE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE FORCECHANGE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO FORCECHANGE.
All petitions and articles on ForceChange are the product of their respective authors. ForceChange does not warrant or maintain that the information included in such content is factual or accurate. All opinions included in any content are those of the respective authors, not ForceChange.
V. Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither ForceChange nor any of its parents, subsidiaries, affiliated companies, employees, shareholders, managers or directors (“ForceChange Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from ForceChange even if ForceChange is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
a. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
b. not apply to any damage that ForceChange Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
1. ForceChange may terminate your account for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your ForceChange account may include disabling your access to ForceChange and may also bar you and your IP address from any future use of ForceChange.
2. In furtherance and without limiting the foregoing, ForceChange has adopted a policy of terminating, in appropriate circumstances and at ForceChange’s sole discretion, members who are deemed to be infringers under the United States Copyright Act, Users who are abusive to other Users, Users who submit abusive or inflammatory content, and Users who violate any other provision of this Agreement. For clarity, ForceChange still may at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
VII. Consequences of Termination
Upon termination, you will lose all access to ForceChange. However, any content that you may have created may remain on the site in perpetuity. The terms of this Agreement shall survive any termination.
VIII. California Law and Arbitration
1. The Agreement and any disputes with us or any ForceChange Affiliate arising out of or relating to the Agreement or ForceChange (“Disputes”) shall be governed by California law, excluding conflicts of law principles and excluding the CISG.
2. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Los Angeles, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
3. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
IX. General Terms
1. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
2. We may notify you via postings on FORCECHANGE.com, and via email or any other communications means to contact information you provide to us. You may also notify us via the contact form or email found at FORCECHANGE.com; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
3. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
4. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at this address or notifying you otherwise. If you do not want to agree to changes to the Agreement, you must halt using ForceChange immediately and forever.
5. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ForceChange Affiliate shall be deemed legally binding on any ForceChange Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ForceChange.
6. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
7. ForceChange Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
8. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, us for any third party that assumes our rights and obligations under this Agreement.
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement.
XI. Other ForceChange User DON’Ts
As a condition to access ForceChange, you also agree to strictly observe the following DON’Ts:
* duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit ForceChange (excluding content posted by you) except as permitted in this Agreement;
* reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide ForceChange, or any part thereof;
* include information in your public profile or in CONTENT which reveals information you wish to maintain confidential in nature;
* utilize information, content or any data you view on and/or obtain from ForceChange to provide any service that is competitive, in ForceChange’s sole discretion, with ForceChange;
* imply or state, directly or indirectly, that you are affiliated with or endorsed by ForceChange unless you have entered in to a written agreement with ForceChange;
* adapt, modify or create derivative works based on ForceChange or technology underlying the Services, or other Users’ content, in whole or part;
* rent, lease, loan, trade, sell/re-sell access to ForceChange or any information therein, or the equivalent, in whole or part;
* access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
* use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
* use automated methods or create multiple accounts to create content, vote, send messages or any other otherwise permitted activities;
* access, via automated or manual means or processes, ForceChange for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
* engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ForceChange’s website;
* attempt to or actually access ForceChange by any means other than through the interface provided by ForceChange;
* attempt to or actually override any security component included in or underlying ForceChange;
* engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
* remove any copyright, trademark or other proprietary rights notices contained in or on ForceChange, including those of both ForceChange or any of its licensors;
* remove, cover or otherwise obscure any form of advertisement included as part of ForceChange;
* use any information obtained from ForceChange to harass, abuse or harm another person;
* collect, use or transfer any information, including but not limited to, personally identifiable information obtained from ForceChange except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
* interfere with or disrupt ForceChange, including but not limited to any servers or networks connected to ForceChange, or disobey any requirements, procedures, policies or regulations of networks connected to the ForceChange;
* use or attempt to use another’s account without authorization from the Company, or create a false or multiple identity on ForceChange;
* infringe or use ForceChange’s brand, logos and/or trademarks, including, without limitation, using the word “ForceChange” in any business name, email, or URL or including ForceChange’s trademarks and logos on any website without authorization;
* post, upload, email, link, transmit or otherwise make available or initiate any content that:
- falsely states, impersonates or otherwise misrepresents your identity, including but not limited misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
-is unlawful, libelous, abusive, obscene, unreasonably offensive, discriminatory, spam or otherwise objectionable;
-includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ForceChange;
-includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
-infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
-includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using ForceChange invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using ForceChange to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
-contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ForceChange or any User of ForceChange;
-forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
-adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
* Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;
* Do anything else that violates this Agreement.
XII. Claims Regarding Copyright Infringement
Each User grants ForceChange a license to use the content supplied by each such User for the purposes of disclosure on the ForceChange website.
This license includes, among other things, the right for ForceChange to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of ForceChange and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes ForceChange to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of ForceChange for any purpose other than for those purposes strictly related to use of the ForceChange services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, ForceChange has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide ForceChange’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ForceChange’s Copyright Agent for Notice of claims of copyright infringement can be reached via the contact form on FORCECHANGE.com or by mail at the address identified on FORCECHANGE.com.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. ForceChange may remove or disable access to the material that is alleged to be infringing;
2. ForceChange may forward the written notification to such alleged infringer; and
3. ForceChange may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with ForceChange ’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the ForceChange ’s Copyright Agent for Notice that includes the following information:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which ForceChange may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
1. ForceChange may promptly provide you with a copy of the Counter-Notification;
2. ForceChange may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. ForceChange may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided ForceChange’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on ForceChange’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Notice and Procedure for Making Complaints Regarding Content
To notify ForceChange of Content that infringes your rights (other than copyright violations in which case please click here) or is otherwise unlawful (“Specified Content”), you must send a notice to the ForceChange Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
* Your name, address, telephone number, and e-mail address;
* A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
* A description of the exact location of the Specified Content on the Web Site;
* (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
* (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
* Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
ForceChange Content Complaint Manager
Contact information for ForceChange’s Content Complaint Manager can be found via the contact form on FORCECHANGE.com or by mail at the address identified on FORCECHANGE.com.
The following provisions apply if your country of registration is France, you are using ForceChange from France, and you are using the French version of ForceChange:
In accordance with Article L. 121-20 of the French Consumer Code, you are hereby informed that you have a seven (7) day period from the opening of your account to exercise your right of retraction, without any penalty or cause. However, in accordance with Article L. 121-20-2, 1° of the French Consumer Code, this right of retraction cannot be exercised once you have used the services of the account in question.
You agree that you will not participate directly or indirectly in a network seeking to implement practices similar to “snowball” sales or services as set forth in Articles L 122-6 and L 122-7 of the French Consumer Code.
The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using ForceChange from Germany and you are using the German version of ForceChange:
Subject to the provisions contained in the following paragraph and irrespective of legal grounds, ForceChange is liable only for damages resulting from the intentional misconduct or gross negligence of ForceChange, its legal representatives, employees or authorized agents (“Agents”).
For damages resulting from the gross negligence of ForceChange or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by ForceChange or its Agents in the absence of intentional misconduct or gross negligence, ForceChange’s liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (i) injuries to life, body and health, or (ii) the assumption of a guarantee or procurement risk. To the extent that ForceChange’s liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of ForceChange Agents in cases in which a User sues ForceChange Agents directly.
In case you download certain software provided by ForceChange, you are only entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act (Urhebergesetz) and only after ForceChange has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe.
Right of Revocation
If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration for the Free or Premium Membership in writing (for example by letter, fax or eMail) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or eMail) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the address found via the contact form on FORCECHANGE.com.
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to ForceChange, then the User is obligated to reimburse ForceChange for the corresponding value. Each party must fulfill its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for ForceChange, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if ForceChange has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.