These Terms & Conditions (these "Terms") contain the terms and conditions on which we supply content or services listed on www.thischanged.me (the "Website"), through our applications (the "Apps") or via partner websites or other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the "Services"). Please read these terms and conditions, carefully before ordering any Services from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms "This Changed Me," "us" or "we" refers to This Changed Me Limited. The term "Device" refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets. The term "you" refers to the user of the Services. When you order ("Order") any Services from the Website, or otherwise use or access the Website or other Services, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click "I accept" at the appropriate place prior to your access to the Services. At such time, if you do not click "I accept", you will not be able to complete such access. By using the Website or other Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website and other Services. Our contact email address is firstname.lastname@example.org. All correspondence to This Changed Me including any queries you may have regarding your use of the Website or other Services or these Terms should be sent to our contact email address.
We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Your continued use of the Services after such changes are made conclusively demonstrates your acceptance of such changes. We will publish our current Terms on the Website and it is your responsibility to check them from time to time, as you will be bound by them.
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
Children between the ages of 13 and 18 or the age of majority in their jurisdiction of residence ("Minors") may use the Services, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents or guardians. We rely on parents and guardians to ensure Minors only use the Services if they can understand their rights and responsibilities as stated in these Terms. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the MinorÕs use of the Services and by these Terms. Children under the age of 13 are not permitted to use the Services. If you are under the age of 13, please do not attempt to access or use the Services.
As a This Changed Me App Member you opt in to receiving occasional special offers, marketing, and communication emails. You can easily unsubscribe from these emails by following the opt-out instruction in these emails.
To enjoy This Changed Me via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.
You may cancel your Profile at any time. Please make any such cancellation through your App settings.
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Website or the other Services or to violate any of the procedures, policies or regulations of networks connected to the Website or the other Services. You may not access the Website or the other Services in an unauthorized manner.
You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.
By breaching the provisions of this section 4, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
All materials (including software and content whether downloaded or not) contained on the Website or the other Services are owned by This Changed Me (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on the Website and in the other Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
Images, text or other content from This Changed Me not explicitly indicated as downloadable may not be downloaded or copied from the Website or the other Services or any Device.
The Website and the other Services are not intended for commercial use, unless specifically authorised by us. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used on the Website or the other Services for commercial purposes without obtaining a written license to do so from us. Material from the Website or the other Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Website and the other Services and may subject you to legal liability. You agree not to use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of anotherÕs privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the other Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Website or the other Services.
A limited amount of content will be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by This Changed Me through the Services that is specifically identified as available for distribution by you ("Distribution Content") as part of your blog, social media or other online commentary, analysis or review ("User Commentary"), This Changed Me grants you a limited right to download, reproduce and distribute such content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain clear GIFs or cookies that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom and other countries, and may be subject to liability for such unauthorized use. This Changed Me will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This Changed Me, the This Changed Me logo and all other This Changed Me product or service marks are trade marks of This Changed Me. All intellectual property, other trade marks, logos, images, product and company names displayed or referred to on the Website or the other Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Services is strictly prohibited. This Changed Me will enforce its trade mark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at email@example.com and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for any period of time.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable please notify us via our email firstname.lastname@example.org
The Services may let you submit material to us: for example, you can upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Services. You may be able to upload video, images or sounds. In these Terms, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information you provide when you register as a Member or when you subsequently change that information.
This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Services, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by us or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website and other Services or to promote, market or advertise This Changed Me. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract. Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
Your User Material does not advertise any product or service or solicit any business.
Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.
You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
You will not engage in any automated use of the system, such as using scripts to alter our content.
You will not access, tamper with, or use non-public areas of the Services, This Changed MeÕs computer systems, or the technical delivery systems of our providers.
You will not attempt to probe, scan, or test the vulnerability of the Website or any other This Changed Me system or network or breach any security or authentication measures.
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
User Material is not considered to be confidential. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant This Changed Me an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Website and the other Services, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. This Changed Me may include your User Material in This Changed MeÕs Distribution Content that is made available to others through the Services. Be aware that This Changed Me has no control over User Material once it leaves the Services, and it is possible that others may duplicate material found on the Services, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify This Changed Me and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
Any inquiries, feedback, suggestions, ideas, or other information or User Material that you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Services, you grant, and you represent and warrant that you have the right to grant, to This Changed Me an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that This Changed Me has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify This Changed Me and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website and the other Services must not be framed on any other website, nor may you create a link to any part of the Website or the other Services unless you have written permission to do so from This Changed Me. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on the Website or the other Services other than that set out above, please address your request to email@example.com
The information contained on the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Subject to the terms of this License Agreement (as set out in this section 11), and these other Terms, This Changed Me grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Services. The Services contain or embody copyright material, proprietary material or other intellectual property of This Changed Me or its licensors. All right, title and ownership in the Services remains with This Changed Me or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble and Services in any way, or create derivative works of the Services;
Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;
Tamper with the Services or circumvent any technology used by This Changed Me or its licensors to protect any content accessible through the Services;
This Changed Me may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
You agree to defend, indemnify and hold This Changed Me and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. This Changed Me reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with This Changed Me defence of such claim.
a) Nothing in this sections 13.4 or otherwise in these Terms shall exclude or in any way limit This Changed MeÕs liability for: fraud; or death or personal injury caused by its negligence; or liability to the extent the same may not be excluded or limited as a matter of law.
b) The Services and their content are otherwise provided "as is" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Service. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.
c) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
Your use of the Services is governed by these Terms and these Terms shall be construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the Services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
We make no representations that the Services are appropriate or available for use outside of the United Kingdom. If you access the Services from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to This Changed Me at firstname.lastname@example.org. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.9 above. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
A person who is not party to these Terms will not, have any rights under or in connection with these Terms.
We will not be liable for:
Faulty operation of computers during the registration process or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Website or any other Service, or from transmissions via emails or attachments received from us.
Any use of websites linked to the Website or the other Services but operated by third parties.
These Terms are effective and were last updated on 25 July 2014.
We may collect and process the following information about you:
Personal information including, for example, your name; home or business address; e-mail address; telephone, wireless or fax number; short message service or text message address or other wireless device address; instant messaging address; credit or debit card or other payment information; demographic information or other information that may identify you as an individual or allow online or offline contact with you as an individual.
Information that you provide by filling in forms through the Services. This includes information provided at the time of registering to use the Services, subscribing to the Services, and posting material to the Services. We may also ask you for information when you enter a competition or promotion sponsored by us and when you report a problem to us with the Services.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
etails of transactions you carry out through the Services.
Details of your visits to the Website and use of other Services including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
Facebook profile information if you choose to log in to the Services through Facebook.
Any information you provide will be held securely and in accordance with applicable privacy laws. Except as described under Disclosure of Your Information below, we do not provide your personal information to any third party without your specific consent.
Although your browser may be set up to allow the creation of cookies, you can specify that you be prompted before a site puts a cookie on your hard disk, so that you can decide whether to allow or disallow the cookie. Alternatively, you can set your computer not to accept any cookie. To find out how to do this, please check your browser "help" guide.
This site uses Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Website and the volumes of usage of the Services. This to ensure that the Services are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics.
During your use of the Services, you may notice some cookies that are not related to us or the Services. This happens when you visit a page with content embedded from a third party (e.g., YouTube videos) or use some of the links to social networking sites (e.g., Share This). These websites may place cookies on your computer.
The Services do not control how a third party uses their cookies. You should check these third party websitesÕ privacy policies for more information about their cookies if you are concerned about this.
Log files allow us to record your use of the Services. Our administrative team puts together log file information from all our users, which we use to make improvements to the layout of the Services and to the information on the Services, based on how users use the Services. Log files do not contain any personal information about you.
If you receive the HTML-formatted version of an email newsletter, your opening of the newsletter email is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.
All information you provide to us through the Services is stored on our secure servers located in the US and UK. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You may access your personal information at any time via your online account, or by emailing email@example.com and providing the correct user name and password information. This Changed Me captures the following information for its subscribers:
We use information held about you in the following ways:
We may also disclose your personal information to third parties as follows:
You have the right to ask us not to process your personal information for marketing purposes. You can exercise your right to prevent such processing by following the opt-out instruction in the marketing material you receive or by contacting us at any time by email at firstname.lastname@example.org The Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these websites.