Terms of Use

1. ACCEPTANCE OF TERMS

These terms of service (the “Terms”) set forth the legal terms and conditions governing your use of the websites located at changegamers.comand the related online and mobile application referred to as “I CAN” (collectively referred to herein as the “Service”), operated by Change Gamers Inc. in Canada (referred to as “Change Gamers”, “our”, “us”, or “we”). Your use of the Service confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use the Service. If you are under the age of 13 you must ask your parent or legal guardian to give you their permission for you to use the Service. Explicit parental consent is required for the creation of an account with the service. If you are a parent or legal guardian, these Terms set out the terms of the agreement we have with the child you are responsible for. By allowing your child to use the Service, you are agreeing to these Terms on your child’s behalf. The Terms may be updated by us without notice to you. You can review the most current version of the Terms any time. Additionally, it is important that you read and understand the Terms and related Privacy Policy before using the Service. If there is anything within them that you do not understand, please contact us at support@changegamers.com. We will be happy to clarify the Terms with you.

2. DESCRIPTION OF SERVICE

Our mission is to empower and inspire youth to change their world. Central to this mission is the I CAN App, which provides a forum for youth to educate themselves on issues of social responsibility, share stories of their efforts to make a difference, and directly contribute to projects and causes of charities and not for profit organizations. The I CAN App is available for download for mobile devices as well as via web browsers on most platforms. Unless explicitly stated otherwise, any new features that would improve the I CAN App or the Service, including the release of new sites, apps, and features, shall be subject to these Terms.

3. USER ACCOUNTS

Certain parts of the Service require the creation of a user account for access to the full set of features.

  • If you are under the age of 13, you will provide a valid email address of a parent or legal guardian (the Parent).
  • Accounts not activated by the Parent within 7 days will be automatically terminated
  • You will not create more than one personal account.
  • We reserve the right to remove or reclaim the username you selected for your account if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username).
  • You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and/or device so that others may not access the password protected portion of the Service.
  • You accept responsibility for all activities that occur under your account.
  • You will not sell, transfer or assign your membership or any membership rights.
  • You agree that you will not provide any false information to the Service, or create an account for anyone other than yourself without their permission.
  • If you provide any information that is untrue, inaccurate, not current or incomplete, or Change Gamers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Change Gamers has the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).

4. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Change Gamers, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Change Gamers has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstance will Change Gamers be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:

  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm other visitors in any way;
  • Impersonate any person or entity, including, but not limited to, a Change Gamers staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • Upload, post, email, transmit or otherwise make available any Content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Use the Service in a way that violates any applicable local, provincial, state, territorial, federal or international law;
  • “Stalk” or otherwise harass another user of the Service or other person; or
  • Collect or store personal data about other users.

You acknowledge that Change Gamers may not pre-screen Content, but that Change Gamers and its agents and designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Change Gamers and its agents and designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to Change Gamers. You acknowledge and agree that Change Gamers may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with court order, legal process or the inquiry of any course, administrative proceeding, regulatory body or other judicial proceeding; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Change Gamers, our visitors and the public.

5. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States, or the country in which you reside.

6. MATERIALS SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Change Gamers Inc. does not claim ownership of Content that you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Change Gamers the following worldwide, royalty free and non-exclusive license, as applicable:

  • With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

7. EXEMPTION FROM PENALTIES

You agree to exempt from penalties and hold Change Gamers, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or other violations of any rights of another.

8. OTHER WEB LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that Change Gamers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Change Gamers Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss causes or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available or through such site or resource.

9. GENERAL INFORMATION

These Terms constitute the entire agreement between you and Change Gamers, and govern your use of the Service, despite any prior agreements between you and Change Gamers. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The laws of the Province of British Columbia and the federal laws of Canada applicable therein shall govern the Terms. You and Change Gamers agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Kelowna, British Columbia. The failure of Change Gamers to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

10. MODIFICATIONS TO SERVICE

Change Gamers reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Change Gamers, shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

You agree that Change Gamers, in its sole discretion, may remove your information from our database system or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Change Gamers, believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Change Gamers may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Change Gamers Inc. may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that Change Gamers Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

12. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Change Gamers Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Change Gamers makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from Change Gamers or through or from the service shall create any warranty not expressly stated in the Terms.

13. LIMITATION OF LIABILITY

You expressly understand and agree that Change Gamers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Change Gamers has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchase or obtained or messages received or transactions entered into through or from the services; (c) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; or (e) any other matter relating to the service.

14. VIOLATIONS

We ask that you please report any violations of the Terms of Use to Change Gamers by sending an email to support@changegamers.com.

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