Terms & Conditions

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As of June 25, 2008

These Terms of Use apply to www.changeforthechildren.com (the "Site") and constitute a legal agreement between you and Jonas Brothers' Change for the Children Foundation ("us") as to the terms and conditions with which users and donors must comply.

PLEASE READ CAREFULLY, because by visiting our Site, you agree to be bound by these Terms of Use, as well as the terms of our Privacy Policy. Supplementary terms may also apply if you elect to create an account with us or make a donation through our Site, all of which are hereby incorporated by reference into these Terms of Use. If you do not agree with or do not wish to be bound by all of these Terms of Use, please navigate away from our Site and don't register or donate through the Site. We reserve the right to amend these Terms of Use at any time and will post the amended terms here from time to time, so please check back often and check the date above to see when they were last updated. By continuing to visit or use the Site, you agree to the amended terms.

1. USE AND CONTENT

The Site and all associated content is intended solely for the personal, non-commercial use of our users. All information and materials available via the Site (collectively, "Content") are protected by copyright and other applicable laws, and are owned or controlled by us or our licensors. You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Site.

2. THIRD PARTY LINKS, SERVICES AND PRODUCTS

The Site may contain links to other Internet sites, organizations, resources and sponsors, and other sites may link to this Site. Navigating an advertisement or other link will redirect you away from our Site to a third party site or service. Interactions and transactions between you and third parties are strictly between you and such third parties and we are not responsible for examining or evaluating, and do not warrant the goods, services or offerings of any third party or the content of their websites or advertisements. Consequently, we do not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability or content of these outside resources. You should direct any concerns regarding other sites to their operators.

3. REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that (a) all registration information and other information you submit to us via the Site is and will remain truthful and accurate; (b) that neither your use of the Site nor any information submitted by you or the use thereof by us or our users in accordance with these Terms of Use will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading statements of fact or indications of origin; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (c) you are at least the applicable age of majority in the jurisdiction where you reside and you and possess the legal authority to agree to these Terms of Use.

You hereby indemnify, defend and hold us and our officers, directors, shareholders, agents, service providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, court costs and attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim and shall not enter into any settlement agreement which affects our rights without our prior written approval. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by you.

4. SYSTEM INTEGRITY

You may not interfere or attempt to interfere with the proper working of the Site or any transaction conducted on Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. If you create an account with us, you are solely responsible for maintaining the security of your account and password and for all activity transacted via your account. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose, and agree to notify us immediately if you suspect any unauthorized access to or use of your password or account. We reserve the right to require you to change your user name if we learn that it unauthorizedly uses someone else's name, trademark or service mark.

5. DISCLAIMER OF WARRANTIES

We don't represent, warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site. Your use of our Site is at your sole risk. ALL INFORMATION AND MATERIALS PROVIDED VIA THE SITE ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.

6. LIMITATION OF LIABILITY

NEITHER WE NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT, IF ANY, DONATED TO THE JONAS BROTHERS' CHANGE FOR THE CHILDREN FOUNDATION THROUGH THE SITE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. The foregoing are applicable to the fullest extent permissible under applicable law.

7. COPYRIGHT INFRINGEMENT

We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) 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 (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Site is:

Copyright Agent
Jonas Brothers' Change for the Children Foundation
c/o The Nordlinger Group
250 West 57th Street, Suite 2003
Email - info@changeforthechildren.org

8. MISCELLANEOUS

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of the Site. If any provisions are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. The Site is hosted and operated in the United States and we make no representation that any Content is appropriate for access outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions and any and all actions in connection with the Site and/or these Terms of Use shall be brought exclusively in the federal or state courts located in New York, New York, U.S.A.

JONAS BROTHERS, the Jonas Brothers logo, and THE JONAS BROTHERS' CHANGE FOR THE CHILDREN FOUNDATION are proprietary trademark sand service marks of their respective owners. The material on the Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent. Copyright © 2008 Jonas Brothers' Change For The Children Foundation. All rights reserved.
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