Last Date of Revision: 5/24/20
Definitions and Description of Service
Village of Change is a crowdfunding platform for high school seniors going to college. Senior Pages is an online platform to honor and celebrate high school graduates.
A “Visitor” is someone who is browsing the Site.
A “Member” is someone who registers on the Site.
A “Supporter” is someone who purchases an item from a user’s wish list on the Site.
Date of Birth (To verify your age)
Visitor, Member, and Supporter are collectively referred to as “Users.”
Village of Change’s services include our website and any additional features, forums, content, and functionality offered by us in connection with the Site. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Members, Supporters, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
Village of Change is a Platform
Village of Change is a crowdfunding platform for high school seniors to acquire items needed for their first year of college and for Supporters to fund these items. Village of Change makes no representations about the quality, safety, morality or legality of any Profile, Wish List or Funded Item and/or the truth or accuracy of content posted on the Site. Village of Change does not represent that Members will deliver accurate information or that Funded Items will be used as described on the Wish List. Users use the Service at their own risk.
Acceptance of Terms
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
By becoming a Member, you represent and warrant that all registration information you submit is accurate and truthful. The Company reserves the right to ask from you: proof of age, proof of your current grade level and acceptance/entry into a college/university in the fall of the consecutive academic school year.
By starting your Fundraiser and creating your Wish List, you represent and warrant that you are a current high school senior who will be graduating at the end of the current academic school year and will be attending college in the fall of the consecutive academic school year or you are a current college freshman who graduated the previous academic school year and are presently attending college as a freshman.
The Company may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Eligibility to Use the Service
If your child is under the age of 18 and has become a member of Village of Change and you do not accept this agreement, please contact us at firstname.lastname@example.org. Members under the age of 13 are NOT allowed to use the Site in any way. The Site’s purpose is to provide a crowdfunding platform for current high school seniors who plan to attend college and to celebrate and honor these high school graduates.
All of your registration information must be accurate and truthful. You agree to inform Village of Change immediately if your account has been used without your authorization or there has been any breach of your account’s security. You also agree to provide additional information we may reasonably request to validate authenticity. You agree to truthfully and completely answer any questions we may ask to verify your identity.
Senior Pages is completely FREE to use. It is FREE to sign up and create a profile. Senior Pages is an extension of Village of Change and is meant to celebrate and honor high school graduates. It is a platform for students to highlight their graduation from high school and for parents to show their pride in their student's achievements. Senior Pages is completely FREE and is meant to build community and unite together to celebrate all high school graduates.
Village of Change is completely FREE to sign up and create a profile. Village of Change charges a 5% flat fee on each fundraiser started by a Member. Village of Change works with Stripe to ensure all funds are securely processed. Aside from Village of Change's 5% fee, users also agree to Stripe's fee and their Terms & Conditions.
Stripe's Fee: Stripe charges a fee of 2.9% + $0.30 per transaction. Read Stripe's Terms & Conditions.
Village of Change's 5% fee and Stripe's 2.9% fee are calculated into the fundraiser goal amount. The fundraiser goal amount consists of the following: item price, taxes/shipping, VOC fee, and credit card fee. Stripe's $0.30 per transaction fee is added to your donation amount upon checkout. All fees are accounted for from each transaction so you are never billed for anything. Village of Change is not the same company as Stripe and their fees and commissions are subject to change without notice from us.
As a member, you agree to:
Provide true, accurate, current, and complete information when using the Site, not limited to information about yourself. You will maintain the accuracy of all information you provide by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information of Members. We reserve all rights to suspend or terminate your account, refuse any current or future use of the Service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information of any User.
Profile on Village of Change
Village of Change allows Users to create a profile page along with a wish list. Village of Change is not liable for your interactions with any User found on our Site. This includes, but is not limited to, the representations, warranties, and terms associated with Users’ profile pages and wish lists found on Village of Change. Village of Change is not responsible for any damages or losses incurred as a result of dealings between you and such Users.
Village of Change is under no obligation to become involved with disputes between Users and Supporters, or between users and third parties. In the event of a dispute, you release Village of Change, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, regardless if they are known, suspected, or disclosed, that arise from or are in any way related to such disputes and our service.
Village of Change cannot be held liable for the actions of its users. Village of Change reserves the right to cancel a profile page and wish list at any time for any reason. Village of Change reserves the right to remove a profile page and wish list, or suspend the profile page and wish list from public listings for any reason.
High school seniors going to college or current college freshmen may create a wish list of items needed for their first year. Each item is its own fundraiser. Some of the items may include: textbooks, school supplies, dorm room supplies, computers, printers, and dorm room furnishings. Supporters may choose to fund an item from a member's wish list to help complete their fundraiser. The minimum donation amount is $5.00. If there is a fundraiser below $5.00, a supporter is able to make a donation below the minimum donation amount in order to closeout that fundraiser. By creating a Wish List on Village of Change, you as a Member are offering the public the opportunity to enter into a contract with you. By helping to fund an item from a Wish List, you as a Supporter accept that offer and the contract between Supporter and Member is formed. Village of Change is not a party to that agreement between the Supporter and Member. All dealings are solely between Users.
- Village of Change encourages Supporters to only donate to students you know and trust. All payments are final and cannot be refunded.
- Village of Change allows Members to purchase an item from their Wish List once their fundraiser goal has been met. A ribbon in the top left-hand corner will appear over their Wish List item saying, "Funded." Within 5 business days, to allow for the last transaction to clear, a button will appear over their Wish List item saying, "Purchase." A Member may now purchase their item.
- Village of Change does not handle returns. Returns are subject to the policy from which the product was purchased.
- Village of Change cannot guarantee the receipt of purchased items. It is important to always have an accurate/updated shipping address.
- Village of Change reserves the right to suspend or delete a Member at any time and for any reason.
- Village of Change reserves the right to reject, cancel, interrupt, remove, or suspend a Wish List at any time and for any reason. Village of Change is not liable for any damages as a result of any of those actions.
Village of Change is not liable for any damages or loss incurred related to purchased items or any other use of the Service. Village of Change is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Wish Lists on the Site. Village of Change does not endorse any User Submissions. You release Village of Change, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Rules and Conduct
- Profanity, obscenities, and personal attacks, bullying, or stalking of other individuals
- Impersonation of any person or falsely stating or otherwise misrepresenting yourself
- Slanderous, defamatory, obscene, pornographic, libelous, threatening, abusive, harassing, hateful, or otherwise objectionable, and any other information that Village of Change, in its sole discretion, deems to be inappropriate for the Site
- Actions to upload, post, e-mail or otherwise transmit content that infringes or violates any third party rights, contains any viruses or other programs that are intended to do damage or intercept data, contains any form of solicitation that we consider in Village of Change’s sole discretion to be unsolicited and unauthorized, interferes or disrupts the Site or servers & networks connected to the Site, or disobeys any policies or regulations of networks connected to the Site
Village of Change will make every effort to ensure that the Site best serves the interests of all Users, and, therefore, Village of Change reserves the right to edit, delete, or refuse to post content that violate the above-referenced, as well as revoke the privileges of Users who do not comply with such rules.
If you believe that any content on the Site violates any of the provisions of these Terms, please send us a message at email@example.com. We reserve the right to take, or refrain from taking, any or all actions available to us once we receive a message.
We do not guarantee that others on the Site are or will comply with the Rules of Conduct or provisions of these Terms. You, not Village of Change, assume all risk of harm or injury resulting from any such lack of compliance.
No Commercial Use
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site enables the download of particular Content if you use it for your personal, noncommercial home use only, and do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. We do not transfer the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content to you or any third party nor authorize you to create derivative works based on the Content.
You further understand and acknowledge that you may be exposed to User Content that may be inaccurate or that you find offensive or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold Village of Change, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Certain features or areas of the site may offer open communication between Users such as posting comments or leaving a note in a guestbook. You acknowledge these areas are for public and not private communications, and you have no expectation of privacy with regard to submissions in these areas. We make all such disclosures at your own risk. You are solely responsible for the Content you distribute on or through the Site under your username or otherwise by you.
Third-Party Sites and Content
Content and License
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
By becoming a Member of the Site, you agree to the following terms:
- The Company will not have any ownership rights over your Profile and Wish List. However, if you decide to make your Profile and Wish List public, the Company requires the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your Profile and Wish List and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Profile and Wish List and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the Profile and Wish List, Trademarks, names, likenesses, and personal and biographical materials of you, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your Profile and Wish List, including the right to grant additional licenses to your Profile and Wish List.
- You are publishing your Profile and Wish List, and you may be identified publicly by your name or User ID in association with your Profile and Wish List. You have the choice to opt out of making your Profile and Wish List public. Go to the settings page or edit profile page and click on the appropriate button to indicate if you want your Profile and Wish List private.
- You grant to each User a non-exclusive license to access your Profile and Wish List through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Profile and Wish List solely for personal, non-commercial use.
- You further agree that your Profile and Wish List will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Village of Change all of the license rights granted herein.
- The use or other exploitation of Profiles and Wish Lists by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your Profile and Wish List.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- The Company will not be liable for any errors or omissions in any Content.
- The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
Village of Change will remove infringing material in accordance with the Digital Millennium Copyright Act if properly notified that Content infringes copyright. If you believe your work has been copied in a way that constitutes copyright infringement, please contact Village of Change at firstname.lastname@example.org. Village of Change may also terminate a Member’s account for infringement.
Waiver and Release
Limitation of Liability
Optional Arbitration for any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.
Village of Change caters specifically to high school seniors as they transition from high school into their first year of college. As a component of the Site, high school seniors and college freshmen may display a wish list of items needed for college and Supporters may help fund these items from their wish list. A Member’s wish list is only active for a period of 18 months from the date of sign up. This is to provide a focused period for Supporters to fund items. After 18 months, a Member’s wish list is deactivated and Supporters will no longer be able to fund items. The Member's profile page will transition into a supporter profile page. They may become a Supporter and help fund items on another student's wish list.
Your access to and use of the Service or any Content is at your own risk. Village of Change has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Village of Change cannot guarantee the authenticity of any data or information that Users provide about themselves. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the service. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Village of Change AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Village of Change will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Village of Change has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Village of Change or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VILLAGE OF CHANGE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VILLAGE OF CHANGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.