- Terms of Service
Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF ARMREV.ORG VERY CAREFULLY.
By using Armrev.org (the "Website"), you agree to be bound by these terms of service ("Terms of Service"), whether or not you are registered as a member (a "Member"), and you agree that you are at least 13 years of age and eligible to use this Website.
Unless otherwise indicated, these Terms of Service apply to your use of any online game, service or website (the "ArmRev Services") that is owned, operated or offered by Armchair Revolutionary, LLC, a wholly owned subsidiary of Social Change Innovators, a 501(c)(3) public charity (collectively, "ArmRev" "we," "us," or "our"), including, without limitation, this Website and any other website that we may own or operate currently or in the future. These Terms of Service do not apply to the websites of any other person or entity. Although links to other websites may be available from our Website, you acknowledge and agree that we are not responsible or liable under any circumstance for such external sites or resources, and do not endorse any content, advertising, products, services or other materials on or available from such websites or resources.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Service at any time, and any such modification shall be effective upon posting by us. We will make our best effort to notify our users, using the appropriate platform, when changes have been made. However, you should check these Terms of Service periodically for changes. By using this Website, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Service, you should not use our Website and, if applicable, you should arrange to cancel your membership with us.
You should refer to our Privacy Policy for information on how we use and collect information from you.
1. General
By using this Website, you agree to be legally bound and to abide by these Terms of Service, as they may be amended from time to time, just as if you had signed this agreement of Terms of Service. We may at, any time, in our sole discretion and without prior notice or liability, modify or alter any aspect of the Website and these Terms of Service. In addition, we reserve the right, at any time and in our sole discretion, and without any notice or liability, to terminate your password, user account and its contents, and refuse to permit you to access any part of this Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice, and that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website or your user account.
These Terms of Service, as may be amended from time to time, shall remain in full force and effect while you use the Website, any ArmRev Service provided on the Website, and/or are a Member.
Certain ArmRev Services on the Website may require you to read and agree to additional terms and conditions that are specific to that ArmRev Service. Your right to use that ArmRev Service is subject to those specific terms and these Terms of Service. If there are any inconsistencies between the specific terms and these Terms of Service, ArmRev will be the final and sole arbiter of any such inconsistencies.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
2. Content and Website Access
You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, service marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. ArmRev or its partners and affiliates own and retain all proprietary rights to the Website and the Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
ArmRev grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ArmRev. This license does not include any resale or commercial use of this site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ArmRev. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ArmRev or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ArmRev or its affiliates’ names or trademarks without the express written consent of ArmRev. Any unauthorized use terminates the permission or license granted by ArmRev. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ArmRev.org so long as the link does not portray ArmRev, ArmRev products, or ArmRev Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ArmRev logo or other proprietary graphic or trademark as part of the link without express written permission. We reserve the right to terminate your limited license for any reason, in our sole discretion.
3. Registering to Become a Member
An ArmRev account may be required to access and use some of the ArmRev Services. You are not required to become a Member to use this Website and you may become a Member of our Website at no cost. If you do not register to become a Member, you may not be able to access certain products, offerings, features, resources or contests on our Website.
Membership in our Website is void where prohibited. By becoming a Member of the Website, you represent and warrant that all registration information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Website does not violate any applicable law or regulation. ArmRev requires that Members register using their actual given name. If it is found that you are misrepresenting your age or identify, this may result in the termination or cancellation of your access to, or use of, the Website. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other Members.
As a Member, it is your responsibility to maintain the confidentiality of your password and account information, and you are solely responsible for any and all activities which occur under your user account. In the event that you know or suspect that there is unauthorized use of your account or anyone else's account, you agree to notify us immediately.
4. User Content.
If you send, email, post or otherwise transmit to us or this Website, whether on your own or at our request, any Content, (collectively, the "User Content"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any User Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "User Rights") that may exist in such User Content. You also warrant that, to the extent you are not the exclusive holder of all User Rights in any User Content, any third party holder of any User Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the User Rights and license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider or owner of the User Content. Subject to the foregoing, the owner of User Content placed on this Website retains any and all User Rights that may exist in such User Content. Except as provided in our Privacy Policy, none of the User Content shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any User Content.
5. Monetary-related Services.
Some ArmRev Services, including the purchase of micro-gift points ("Points"), require payment of monetary funds (Monetary-Related ArmRev Services). You must have an account and pay all required funds to participate in these activities.
Monetary funds are payable in advance and are not refundable in whole or part. Use of the Monetary-Related ArmRev Services is limited to Members 18 years of age or older.
The availability and use of our Monetary-Related ArmRev Services may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Monetary-Related ArmRev Services or may terminate your subscription to our Monetary-Related ArmRev Services at any time based on these criteria. For example, individuals under the age of 18 may not use our Monetary-Related ArmRev Services, or we may limit the subscription to a certain Monetary-Related ArmRev Services only to individuals currently in participating areas or locations.
As a user of one of our Monetary-Related ArmRev Services, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Monetary-Related ArmRev Services. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Monetary-Related ArmRev Services, including without limitation all telephone access lines (including long-distance charges, when applicable), Internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Monetary-Related ArmRev Services.
C. For purposes of your use of our Monetary-Related ArmRev Services including identification and billing, you agree to provide us or our third party transactors with true, accurate and complete information as required by the subscription or sign up process to our Monetary-Related ArmRev Services ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms of Service, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Monetary-Related ArmRev Services. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms of Service or by law.
6. Micro-Gift Points.
ArmRev allows Members to purchase micro-gift pointS ("Kredz"), which a Member may elect to give as a micro-gift to certain projects ("Projects") that they have selected. Once a Member has elected to micro-gift his or her Kredz to a certain Project, those Kredz will be debited from such Member’s account and credited to the Project selected by the Member.
THE MEMBER UNDERSTANDS THAT THESE MICRO-GIFTS AND KREDZ PURCHASES ARE NOT CONSIDERED DONATIONS UNDER CHARITABLE TAX LAWS, THAT NO MONETARY VALUE WILL BE RECEIVED BY THE MEMBER FOR THIS GIFT AND THAT THEY WILL NOT RECEIVE ANY INVESTMENT POSITION, OWNERSHIP IN ANY ENTITY, LOAN REPAYMENT FOR THE GIFT, FINANCIAL RETURN OF ANY KIND, NOR REFUND OF THE GIFT.
Kredz may not be redeemed for cash.
If you are no longer performing as an active Member of the Website and you have Kredz remaining in your account, your Kredz will expire 12 months from your last activity on the Website. Any such Kredz will be lost and transferred to Armchair Revolutionary LLC for general and administrative expenses.
7. Contests, Sweepstakes, Auctions and Promotions.
From time to time, we may conduct promotions on or through the Website, including, without limitation, auctions, contests, and sweepstakes (the "Promotions"). Each Promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for the purposes of each Promotion, will be deemed incorporated into these Terms of Service.
8. Eligibility.
To participate in any of the Monetary-Related ArmRev Services or the Promotions on the Website, you must (a) be a natural person, at least 18 years old, who is associated with the e-mail address submitted on your account registration form; (b) be a U.S. citizen or resident alien with a U.S. address; (c) be physically located within the U.S.; (d) be physically located in a U.S. state in which participation in the Promotion you select on the Website is unrestricted by law; and (e) at all times abide by these Terms of Service and any additional terms and conditions. In addition to federal laws, there are rules governing sweepstakes and contests with entry fees and/or prizes set up by each individual state. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You agree to abide by all such applicable state laws.
9. Rules of Conduct.
The Website is for the personal use by our users and Members only and may not be used in connection with any other commercial endeavors. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated, and may result in the termination or cancellation of your access to, or use of, the Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Legal action may be taken by us for any illegal or unauthorized use of the Website.
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Website, or knowingly condone use of this Website by others, in any manner that is, attempts to, or is likely to:
A. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
B. affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from partnering, linking or becoming a sponsor to us in connection with the Website;
C. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
D. be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
E. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
F. create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
G. contact anyone who has asked not to be contacted or "stalk" or otherwise harass anyone;
H. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Website, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with these Terms and Conditions;
I. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights of use and enjoyment of the Website by any other person, firm or enterprise; or
J. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
10. Advertising and Third Party Sponsorships
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Partners") such as our Project Partners and sponsors as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Partners and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Partners or any goods or services you may purchase or obtain from any Partner).
11. Hyperlinks to Third Party Sites
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Website, ArmRev or any of our affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Website's, ArmRev’s or any of our affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how ArmRev collects and uses your personal information.
12. Deactivation/Termination of Your Registration or Use
This Terms of Service agreement shall remain effective until terminated. If you wish to terminate your user account, you may do so by contacting our customer service department by using the e-mail of inquiry on the Website or by terminating your account by following the instructions on the Website. Upon our acceptance of your request, your user account will be terminated. We reserve the right, with or without notice to you, to suspend or terminate your user account if you violate the terms and conditions of this agreement. We also reserve the right, with or without notice to you, to suspend or terminate your Account in our reasonable discretion. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.
13. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership privileges of any Member who we believe infringes upon the intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your name, mailing address, telephone number, and email address; (e) a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Website should be sent to our Copyright Agent.
14. Disclaimers
THE WEBSITE AND THE SERVICES PROVIDED ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND/OR ANY SERVICE WE PROVIDE.
NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OURS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER EQUIPMENT, SOFTWARE, OR ANY FAILURE OF THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE, AND WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE USING OUR WEBSITE AND THE SERVICES WE PROVIDE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN OUR WEBSITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE.
WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE WEBSITE.
15. Limitation on Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES WE PROVIDE, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE WEBSITE, (D) OR ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OUR SERVICES WE OFFER, OR OUR TERMS OF SERVICE IS TO DISCONTINUE YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Disputes
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms of Service shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, and reasonable attorney's fees.
If any provision of these Terms of Service 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.
17. Indemnity
You agree to indemnify, hold harmless, and defend the Website, ArmRev and our affiliates, and our subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all loss, liability, claim, or demand, including but not limited to reasonable attorneys' fees and expenses, made by any third party due to or arising out of your improper use of the Website or our products or offerings, your violation of these Terms of Service, or your (or any person using your account) infringement of any intellectual property of any person or entity.