Terms of Use

1. General Information Regarding These Master Terms of Use (“Master Terms”).

Please read these terms carefully because they apply to your use of the Build a Better Future website (“Website”). (http://buildabetterfuture.org).  Unless otherwise agreed in writing by a duly authorized representative of Build a Better Future, your use of the Website will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”

The Master Terms form a binding legal agreement in relation to your use of the Website. Collectively, this legal agreement is referred to below as the “Terms.”

2. Your Agreement to the Terms.

YOUR ACCESS OR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website.

3. Changes to the Terms.

From time to time, we may change, remove, add to or otherwise modify the Terms, and reserve the right to do so in our discretion. In that case, we will post the updated Master Terms, as relevant, to the Website and indicate the date of revision. We encourage you to periodically review the Terms. All new and/or amended Terms take effect immediately. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

4. Provision of the Website Generally.

You may only use the Website in accordance with these Master Terms. In particular but without limitation, you may not use the Website for any purpose that is unlawful or prohibited by these Master Terms, or any other conditions or notices that are made available on the Website.

5. User Conduct.

Users agree not to use the Websites to:

   a. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;

   b. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;

   c. Post, use or transmit Content 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 or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website;

   d. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;

   e. Intimidate or harass another;

   f. Use or attempt to use another’s account, service, or personal information;

   g. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;

   h. Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;

   i. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Website;

   j. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

   k. Post or transmit any personally identifiable information about persons under 13 years of age.

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website); or, (ii) use the Website in any manner that could disable, overburden, damage or impair such Website, or interfere with any other party’s use and enjoyment of the Website.

6. Terms Relating to Content on the Website.

   a. Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that we do not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Website. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Build a Better Future liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Website.

   b. Licenses Associated With Content on the Website.

      i. Content: All Content (other than computer software) on the Website is licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License, unless marked otherwise.

      ii. Your Content: You retain the copyright in your Content that you provide on the Website. You hereby agree that all Content you voluntarily provide on or through the Website is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 license, is not copyrightable, or is in the public domain. When you post your Content, you designate Build a Better Future as the “Attribution Party” for the purposes of the Attribution 3.0 license, as defined therein, and grant permission for the relevant Website URL to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Creative Commons Attribution 3.0 license, you must not provide it. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright on the Website, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your Content, and designating Build a Better Future as the Attribution Party for purposes of that license.

      iii. Third Party Content: Third Party Content and Third Party Websites (as defined in Section 7, below) that links to or embeds in the Website, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. Build a Better Future cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.

   c. Content You Provide. You may only submit Content to the Website that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Website, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. We may, but are not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that we determine violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. We do not endorse or support any Content posted by you or any other third party on or through the Website. You alone are responsible for creating backup copies and replacing any Content you post on the Website, and you authorize us to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Website. You may request the removal of your Content from the Website at any time, and we will take reasonable steps to promptly remove such Content; provided, however, that we can remove any such Content only from its Website and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers. If you choose to remove your Content, the Creative Commons license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.

   d. Use of Content on the Website. You may use the Content you find on the Website in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant that you will use any and all Content on our Website in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Website, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Website without your own independent evaluation of that Content. Build a Better Future does not guarantee that Content made available on the Website does not infringe the rights of any third party.

 7. Third Party Websites and Content; Links.

The Website may contain links to websites not controlled by Build a Better Future (“Third Party Websites”), as well as Content belonging to or originating from other persons or organizations (“Third Party Content”). You acknowledge that we: (a) are not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) have not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) have not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) make no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

8. Participating in Our Community: Registered Users.

Registering for an account on the Website is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms.

Services offered to Registered Users are provided subject to these Master Terms specified on the relevant Website. We reserve the right to modify or discontinue the accounts of Registered Users and related Services at any time. We disclaim any and all liability to Registered Users and third parties in the event we exercise our right to modify or discontinue user accounts or related Services.

Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to us, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that we have up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

No Membership. As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on our Website. Becoming a Registered User or using any of the related Websites or Services does not and shall not be deemed to make you a member or affiliate of Build a Better Future for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts.

Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms.

In addition, we may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as we deems appropriate in our discretion. Your access to your account, and use of the related Websites and Services may be terminated by either party at any time and for any reason whatsoever, without notice.

In addition, we reserve the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined in our complete discretion.

9. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER THE WEBSITE AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

10. LIMITATION OF LIABILITY.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITE.

11. Indemnification for Breach of Terms of Use.

You agree to indemnify and hold harmless the Build a Better Future Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Build a Better Future Parties from and against any and all claims brought by third parties arising out of your use of any of the Website and the Content you make available via any of the Website by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

12. Copyright Complaints; DMCA Compliance.

Build a Better Future respects the intellectual property rights of others, and we prohibit users of our Website and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.

13. Termination of this Agreement.

These Master Terms will continue to apply until terminated by either party as set out below. Your right to access and use the Website terminates automatically upon your breach of any of these Master Terms that may apply to the Website.

We may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Website, or any portion of the Website, for any reason; (b) modify or change the Website, or any portion of the Website, and any Master Terms and other policies governing the use of the Website, for any reason; (c) interrupt the operation of the Website, or any portion of the Website, for any reason, all as we deem appropriate in our sole discretion.

Your access to, and use of, the Website may be terminated by either party at any time and for any reason. We will use reasonable efforts to notify you in advance about any material modification, suspension or termination that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

14. Miscellaneous Terms.

These Master Terms are governed by and construed by the laws of the State of Massachusetts, in the United States, exclusive of its choice of law rules. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between either party as a result of these Master Terms or your use of the Website. These Master Terms constitute the entire agreement between both parties relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by us from time to time) between either party. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

These Terms of Use are Effective as of February 1, 2010.