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Terms of Service

FASHIONING CHANGE TERMS OF SERVICE

Effective: December 1, 2010

Welcome to Fashioning Change! The mission of Fashioning Change is to empower consumers with information, tools, and opportunity to make the world a better place. Our vision is simple: to partner with you (‘User’) and facilitate sustainable positive change. We do this by helping people make a connection between daily items we purchase, the people that manufactured it, and the environment from which it came.

ACCEPTANCE OF TERMS

By using FASHIONINGCHANGE.COM, its applications, services, products, software, and Web sites (“Fashioning Change services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you (“User” or “you”) from time to time, including but not limited to the Privacy Policy and Legal Notices (collectively, the “Terms of Service”) and the Fashioning Change Privacy Policy available at http://fashioningchange.com/privacy. If you do not agree, you do not have permission to use the Web site. The Terms of Service may be updated in the future without notice to you your continued use of the FASHIONINGCHANGE.COM Web Sites indicates your agreement to the Terms of Service.

REGISTRATION

Fashioning Change invites you to register at the Web site using Facebook Connect. If you do not register, you may not be able to use all of the features of the Web site. If you register, you agree to provide true, accurate and complete information about yourself (“the user”). You also agree to update registration information, your Facebook profile, to maintain its truth, accuracy, and completeness.

FASHIONINGCHANGE.COM provides users with access to a rich collection of socially responsible resources, applications, and products, including various tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service").

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FASHIONINGCHANGE.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FASHIONINGCHANGE.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

PERMITTED AND ACCEPTABLE USE

Fashioning Change hereby grants you the right to access and use the FASHIONINGCHANGE.COM Web Sites for the purposes of sharing information for non-commercial uses in accordance with the Terms.

While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of any Materials and the rest of the FASHIONINGCHANGE.COM Web Sites is your sole responsibility.

The FASHIONINGCHANGE.COM Web Sites may allow you to upload, post, and/or distribute Materials, use the Website, view, copy or download Content and Materials for your personal, non-commercial use, subject to the following conditions:

Users agree not to use the Web sites or Services to:

  • intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, a Wildfire Interactive employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
  • make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
  • interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or Wildfire Interactive Site, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service, the FASHIONINGCHANGE.COM Web Sites, or any other host or network;
  • access content or data not intended for you, or log onto a server or account that you are not authorized to access;
  • attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by the FASHIONINGCHANGE.COM Web Sites or used by Fashioning Change in providing the Service; or
  • use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).

You acknowledge, consent and agree that the FASHIONINGCHANGE.COM Web Sites may access, preserve and disclose your account information and Content 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 the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FASHIONINGCHANGE.COM, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the FASHIONINGCHANGE.COM Web Sites and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

BASIC TERMS

You are solely responsible for your use of the FASHIONINGCHANGE.COM Web Sites, for all Content you post to the FASHIONINGCHANGE.COM Web Sites and for any and all consequences resulting therefrom.

Some content you submit, post or display will be able to be viewed by other users of the FASHIONINGCHANGE.COM Web Sites.

The FASHIONINGCHANGE.COM Web Sites are always evolving and the form and nature of the FASHIONINGCHANGE.COM Web Sites that Fashioning Change provides may change without prior notice to you.

The FASHIONINGCHANGE.COM Web Sites may include advertisements, which may be targeted to the Content displayed on the FASHIONINGCHANGE.COM Web Sites, queries made through the FASHIONINGCHANGE.COM Web Sites, or other information. In using the FASHIONINGCHANGE.COM Web Sites, you agree that Fashioning Change and its third party partners may place such advertising on the FASHIONINGCHANGE.COM Web Sites or in connection with the display of Content or information from the FASHIONINGCHANGE.COM Web Sites whether submitted by you or others.

Fashioning Change reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of User and/or your access to all or any part of the FASHIONINGCHANGE.COM Web Sites and any Content at any time and for any reason without prior notice or liability.

USER-CONTRIBUTED CONTENT

Content posted on the FASHIONINGCHANGE.COM Web Sites by our users is not guaranteed by us as to accuracy, completeness, or usefulness, and we do not endorse any content posted by our users. It is the responsibility of our Website users to evaluate the accuracy, completeness or usefulness of any content posted on our Website by other users.

You agree not to upload, post or otherwise make available on the FASHIONINGCHANGE.COM Web Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting material, you grant (or warrant that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Website to access, view, store or reproduce the material for that user's personal use. You grant us the right to edit, copy, publish and distribute any material you make available to us. You will indemnify us for, from and against all claims, losses, costs and expenses resulting from the content and information you supply. You may not post or otherwise make available on the FASHIONINGCHANGE.COM Web Sites any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. Further, you may not make use of our services to forge e-mail headers, or send bulk unsolicited e- mail messages. We have the right, but not the obligation, to monitor the content posted on our Website to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on our Website including, but not limited to, material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.

PRIVACY

Any information you provide to Fashioning Change is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the FASHIONINGCHANGE.COM Web Sites you consent to the terms of the Privacy Policy.

FEEDBACK

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Fashioning Change shall be provided by the submitter and received by Construction Data Company on a non-confidential basis. You acknowledge and agree that all Feedback Information shall become the exclusive property of Fashioning Change. By submitting any such Feedback Information to Fashioning Change, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in such Feedback Information, including all copyrights and other intellectual property rights. You agree that, as the owner of the Feedback Information, Fashioning Change shall be free to use such information on an unrestricted basis.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Fashioning Change, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the FASHIONINGCHANGE.COM Web Sites.

Disclaimer of Warranties and Limitation of Liability

  • THE FASHIONINGCHANGE.COM WEB SITES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASHIONINGCHANGE.COM WEB SITES ARE PROVIDED BY FASHIONING CHANGE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FASHIONING CHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FASHIONINGCHANGE.COM WEB SITES OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASHIONINGCHANGE.COM WEB SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
  • TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FASHIONING CHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FASHIONING CHANGE DOES NOT WARRANT THAT THE FASHIONINGCHANGE.COM WEB SITES OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASHIONINGCHANGE.COM WEB SITES; FASHIONINGCHANGE’S SERVERS; OR E-MAIL SENT FROM FASHIONING CHANGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FASHIONING CHANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FASHIONINGCHANGE.COM WEB SITES OR FROM ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASHIONINGCHANGE.COM WEB SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
  • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MODIFICATIONS

We reserve the right to modify these Terms of Service at any time by posting such change here. Your continued use of these Website after such change is made constitutes acceptance of and agreement to be bound by the Terms of Service as modified.

GENERAL

If you are registering on the FASHIONINGCHANGE.COM Web Sites 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 FASHIONINGCHANGE.COM Web Sites shall be litigated or otherwise heard in the appropriate court located in San Diego County, California and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. If any of the terms of the Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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