Terms of Service & Privacy Policy

Wendy Bolm 01/27/2015

Registration

We invite users to register for CommitChange by either using Facebook Connect or creating an account with their email. Without registering, you may be unable to access all of our features. If you choose to register, you agree to provide truthful, accurate, and complete information about yourself. You also agree to update your personal information to ensure its continued accuracy and completeness.


Payment processing services for nonprofit organizations on CommitChange are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a nonprofit organization on CommitChange, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CommitChange enabling payment processing services through Stripe, you agree to provide CommitChange accurate and complete information about you and your business, and you authorize CommitChange to share it and transaction information related to your use of the payment processing services provided by Stripe.


Acceptable Use

After registering, CommitChange grants you access to our website only for sharing information, donating to charities, and other non-commercial activities designated by our website. While using our website we require that you comply will all applicable domestic and international laws, statutes, ordinances, and regulations. Your use of the website and the content you personally create is your sole responsibility.

All content of the website, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content of materials associated with technology and software, and the look and feel of the website, are the proprietary property of CommitChange, which is owned by CommitChange or its licensors. Any rights to the content not expressly granted to you herein are reserved for CommitChange. Unless explicitly stated herein, nothing in theses terms shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, display, transmit, distribute, publish, sell, or otherwise commercially exploit the website and/or content in any form or by any means, in whole or in part, without express written permission from CommitChange, and any such use is strictly prohibited, except in regards to your own materials posted on the website in accordance with the terms or as expressly allowed in these terms.

By posting, uploading or otherwise distributing your materials on the website, you explicitly consent that other users of the website may access, display, view, store, and/or download such materials, and post or forward such materials to others who may or may not be registered users of the website and you hereby grant (and represent and warrant that you have all necessary rights to grant) to CommitChange a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all of your rights in the materials (including moral rights) or all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such materials and incorporate such materials into other works in any form, media, or technology.

You agree that CommitChange has no liability or responsibility for the storage or deletion of any materials that you submit or post or emails you end through the website. CommitChange reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.

No Representations, Warranties, or Endorsements

The content and materials provided on the Website or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or materials on the website does not constitute or indicate CommitChange's endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. through the website (including materials, content, and emails), you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and CommitChange is not involved in any transactions or dealings you have with any third parties.

Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Website itself are owned or licensed by CommitChange. Except as expressly provided herein, neither CommitChange nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Website.

CommitChange reserves the right to block, disable, or otherwise remove any Materials from Website as well as terminate access to the Website if you engage in copyright or other intellectual property infringement or for any other reason.

If you believe that any Content or Materials on the Website infringe your copyrights, contact CommitChange's copyright agent, who can be reached by mail at: [Copyright Department], CommitChange 711 Capitol Way S Suite 705, Olympia, WA 98501; by telephone at (360)791-1807; or email at copyright@commitchange.com.

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the signing have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe

Indemnity

You agree to indemnify, defend, and hold CommitChange and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Website; interaction with charities, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.

Disclaimer of Warranties

Except if expressly provided otherwise in the terms, the website (including without limitation, all content, materials (and material linked thereto), advertisements, links, and emails) is provided to you "as is" and "as available" without warranty of any kind. CommitChange does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. CommitChange hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the website. CommitChange is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the website does not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Assumption of Risks

Your interactions with Users or other third parties (including advertisers, causes, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that CommitChange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of this Website, or between a User and any third party, you understand and agree that CommitChange is under no obligation to become involved and is not subject to any liability.

Liability Limitation

To the maximum extent allowed by law, you agree that neither CommitChange, nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if CommitChange has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the website must be brought within one year of the date on which liability arose. Neither CommitChange nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.

Links

CommitChange and Website users may provide links to third party websites (including advertisers and others) on the Website. Third parties are not under the control of CommitChange and CommitChange is not responsible for their content or conduct. If you access a third party website from the Website, you do so at your own risk. CommitChange provides links as a convenience and the inclusion of the link does not indicate or imply that CommitChange endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Website, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that CommitChange shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Donations to Charities

As a User of this website you are able to donate to charities listed on our website. All transactions are processed by Stripe, and CommitChange is not liable for transaction disputes, errors, chargeback fees, or service downtime. By donating through CommitChange, you understand and accept that a 2.2% + $.30 transaction fee will be charged (3.5% for American Express). By donating through CommitChange you explicitly agree to indemnify, defend, and hold CommitChange and is respective officers, director, employees, agents, representatives, and affiliates harmless for any transaction claims, disputes, and any associated costs and/or expenses.

International Use

This Website is controlled and operated from within the United States. CommitChange makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.

Entire Agreements

The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and CommitChange. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Website or sent to you via e-mail. All changes are effective upon posting to the Website. Your continued use of the Website following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Website. CommitChange reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these Terms. CommitChange also reserves the right to change the Website without notice to you, at any time.

General

If you are registering on the Website as a business entity, you represent that you have the authority to bind the entity to this Agreement. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Thurston County, Washington and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. CommitChange may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and CommitChange are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Termination

CommitChange reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Website and/or remove any registration information or Materials from the Website, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and CommiteChange's rights and disclaimers survive, but your right to use the Website immediately ceases. CommiteChange's failure to act with respect to a breach by you or others does not waive CommiteChange's right to act with respect to subsequent or similar breaches.


Nonprofit organizations that terminate service with CommitChange will receive CSV exports of their CommitChange-held data. All data held on CommitChange's payment processor, Stripe, is not subject to transfer or export, including all card data, bank withdrawal connections, and recurring payment data. Upon account termination, all of the organizations' recurring donations will be de-activated.

Protection of Children

You must not use or register on this Website if you are under the age of 13. If you use the Website, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.

Privacy Policy

CommitChange created this application to make it simple for users to explore and support the nonprofits they care about with their friends and others with similar interests. We give you control of your information because you may not want to share your information with everyone. You choose what information you provide, including contact and personal information, interests, and causes. You control the sharing of that information by using the privacy settings on the application.

This Privacy Policy is designed to help you understand what information you may provide, how we use and share the information and how we will not use or share information, and your choices when using the CommitChange application, located at www.commitchange.com and apps.facebook.com/commitchange, (the "Application"). We will not use or share your information with anyone, except as described in this Privacy Policy.

If you have questions about the Privacy Policy or would like to suggest improvements, please contact us at privacy@commitchange.com or at CommitChange, 972 Mission St, Floor 5, San Francisco, CA 94013.

We operate under the principle that you should have control over your information including how it is shared with others. To learn more about our privacy practices, read on!

Information You Provide

While using the application, you may provide use with anonymous information, personal information and additional materials.

You provide us with anonymous information such as your IP address, areas of the Application you have visited, time and date, and whether or not you clicked on links. We use technologies such as cookies to collect this information. A cookie is a piece of data stored on a user's computer. We use session ID cookies to confirm that users are logged in. Session cookies terminate once the user closes the browser. We also use persistent cookies that store other information to make it easier for you to login when you come back to the Application. You can configure your browser to block cookies; however, if you do, the Application may not function properly or at all. If you choose to click on a link to any outside website, anonymous information may be provided to that website.

You may provide us personal information if you register at the Application, like your username, password, first and last names, email address, and mailing address. You may provide additional personal information for your profile.

You may also post information, opinions, voting records, text, sounds, photographs, audio, video, images, graphics, and other content or materials of any nature (collectively, "Materials") to the Application. You have control of who sees this Material through your use of the privacy setting available through the Application. If you choose, the Materials will be viewable by other users.

Use of the Information We Collect

You are in control of sharing personal information that you provide to the Application, including by using the privacy settings. If you choose to post Materials directly to public portions of the Application such as causes, forums, communities, or message boards, obviously those Materials may be available to other users. CommitChange may use personal information you elect to provide to us in order to provide products and/or services to you and, if you elect, other users and for administration, maintenance and development of the Application.

Your personally identifiable information will not be sold to advertisers or spammers.

If you provide your email address at the Application, we may use your email address to contact you and notify you of any Application news. You can choose which types of email you receive from us by changing your account settings at the Application. Generally, you cannot opt-out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.

CommitChange may use anonymous information collected to improve the quality of the Application. This information may help us to diagnose problems, maintain security, and provide services users want. CommitChange may determine user demographics, interests, and behavior and may share such anonymous information with others. For example, we may provide demographic or usage information to an organization so they may see how many users are from a specific geographic area or industry.

Sharing of Information

We share your personally identifiable information in three cases: (1) with your permission, (2) as required by law, and (3) change of ownership, each as more fully described in the paragraphs below.

You may opt-in to allow third parties, such as nonprofits, to receive the information you provide by checking the appropriate box when you are providing information. If you tell us to share your information with a third party, the third party's use of that information will be governed by their privacy policy, not ours.

We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the CommitChange service or using the CommitChange name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.

If the ownership of all or substantially all of CommitChange's business, or substantial portions of the business owned by CommitChange, were to change, your information may be transferred to the new owner so the new owner can continue providing services to you. In any such case, your information would remain subject to the protections provided in our Privacy Policy.

Please remember that anyone who has access to your username and password may be able to access your personal information; therefore, we encourage you to keep your password secret to prevent any unwanted access.

Deletions/Corrections/Updates

You can delete your account at your user profile page. You can also edit your personal information to ensure that it is correct and up-to-date. You may delete your information from the Application at any time.

Child Protection

CommitChange does not offer the Application to, or knowingly collect or solicit information from, anyone under the age of 13. If you are under 13, do not provide us with any information. Any information we receive from people we believe to be under 13 will be purged from our database.

Links to Other Websites

The Application may contain links to other websites, including of nonprofits, PACs, and other organizations. CommitChange is not responsible for the privacy practices or the content of other websites that may be linked to the Application.

Agreement

If you choose to use the Application, your use is subject to the current Terms of Use and Privacy Policy (which is incorporated into and subject to the CommitChange's Terms of Use) and you consent to our limited use of information as outlined in our Privacy Policy. We reserve the right to change this Privacy Policy from time to time. If we do make changes, we will post any changes on the Application and will indicate the date the changes were made at the top of our Privacy Policy. Non-material changes are effective upon posting. Material changes are effective 15 days after posting. Unless stated otherwise, our current Privacy Policy applies to all information in our possession.

Security

CommitChange takes reasonable precautions to protect our users' information. Your account information is located on a secured server behind a firewall. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. Although we allow you to set privacy setting that limit access to your information, please be aware that no security measures are perfect or 100% effective. We cannot control the actions of other users with whom you may choose to share your pages and information. Even after removal, copies of Materials may remain viewable in cached and archived pages or if other users have copied or stored your Materials. If you have any questions about the security of CommitChange Application, please contact us at privacy@commitchange.com.

Opting out of communications

You can choose to opt out of receiving emails from CommitChange by clicking on the "unsubscribe" link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change will be processed promptly, and in no event longer than 10 business days. Alternatively, you may email us at privacy@commitchange.com or reach us at the following contact information:

CommitChange
972 Mission, Floor 5
San Francisco, CA 94103

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