Including House Rules for Information & Content
 
The HOPE+ website is an online destination for people and organizations seeking to concretely change the world. The site features online tools, specific international projects and other opportunities and targeted resources to connect with people around who need their world to meaningfully change.
 
We are a community of users from around the world, joining together on the HOPE+ site to share personal aspirations, opinions, experiences, opportunities and other information as may be disclosed by our members to the community, each other, or us. By using or accessing HOPE+, you agree to its contents in their entirety.
 
1. Privacy Policy. Your privacy is important to us and to the community. Please read the HOPE+ Privacy Policy (the terms of which should be read in light of this State incorporated within these Terms of Use. The Privacy Policy is a key element in understanding how to use our site both safely and effectively.
 
2. Your Content. You own all of the information and content and you post on HOPE+. We do not share your personal information or intellectual property outside the site without your permission. For content that is covered by intellectual property rights, including photos and videos ("Intellectual Property Content" or “IPC”), you grant us a non-exclusive, transferable, sub-licensable and royalty-free, worldwide license to use any IPC that you post on or in connection with HOPE+ (the "Intellectual Property License" or “IPL”). This IPL will end when you delete your IPC and/or your account (except where your content has been shared with others who have not deleted it).
 
3. Our Content. We own all of the content and information including all metadata generated from the use of HOPE+ features and services including projects, searches, surveys, featured profiles and projects and other activities of the site. This data will be used for internal performance evaluation and general statistical analysis. Such data or analyses are not provided to any outside party except in aggregate form where individual profile information or use of features or services are neither calculated nor reported.
 
4. Account Safety. We do our best to make HOPE+ safe for both its members and visitors. Sadly, we cannot promise that violations will not occur. We need the help of every member in safe-guarding the community. You specifically agree that you will NOT:
 

• solicit login information or access an account belonging to someone else
•  share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
•  transfer your account to anyone without first getting our written permission.
•  Violate or encourage others to violate these Terms & Rules.

 
5. House Rules for Posting Content. Nothing is more essential to the safe and healthy operation the HOPE+ Site and our community than the value and reliability of the information and content posted on the Site. We are not able to predict or prevent all forms of improper or inappropriate content, but we can and WILL know it when we see it – and react accordingly. If you identify or experience ANY unacceptable behaviour - please REPORT it immediately.
 
Our “house rules” EXPLICITELY PROHIBIT:
 

• bullying, intimidating, harassing or attempting to do so directed at any member or other user of the site.
• posting content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence
• using HOPE+ to create, advocate, cause or otherwise do anything unlawful, misleading, malicious, or discriminatory.
• providing false personal information on HOPE+, or creating an account for anyone other than yourself without that person’s permission.
• using HOPE+ if you are under 13.
• using HOPE+ if you are a convicted sex offender.
• creating, posting, commenting upon or advocating content or taking any action on HOPE+ that infringes or violates someone else's rights, violates the law or the rights of any person, whether on the site or elsewhere.

 
NOTE: We can and will remove any information or content posted on HOPE+ if we believe that it violates our policies.
 
 
6. Intellectual Property. HOPE+ is committed to both the freedom and integrity of expression on this site. HOPE+ will rigourously enforce the intellectually property rights of its members, contributors, participating organizations, project submittors and other users. Toward this end, you agree to NOT:
 

• use HOPE+ copyrights or trademarks or any similar marks, without our prior written permission
• substantially or repeatedly infringe other people's intellectual property rights; we will disable your account when appropriate

NOTE: If your content or information is removed for infringing upon someone else's copyright, and you believe we removed it in error, you may request a review or appeal of our decision
 

• collect information from users without the prior written consent of HOPE+; if and when such user information is obtained, you shall (a) obtain each user’s written consent, (b) clearly notice HOPE+ members/users that you are collecting their information, and (c) post a privacy policy specifying the information being collected and how it will be used
• post anyone's identification documents or sensitive financial information on HOPE+

 
7. Site and System Integrity. You further agree that you will NOT:

• damage or otherwise impair, burden or overburden in any manner the proper working of HOPE+, including a denial of service or similar attack
• use your or anyone else’s personal profile for your own personal benefit or for commercial gain
• send, post or otherwise disseminate unauthorized commercial communications (such as spam) on HOPE+
• upload or otherwise introduce viruses, worms, spyware, malware or other malicious code and/or program(s)
• access HOPE+, using automated means (e.g. bots, robots, spiders, scrapers and/or harvesters) without our permission specifically including any collection of users' profiles, content or other information
• introduce into or operate within the HOPE+ site any link to, or application containing, mature content without appropriate age-based restrictions
• introduce into or operate within the HOPE+ site any link to, or application intended to advertise or otherwise market alcohol-related without appropriate age-based restrictions
• engage in multi-level marketing (whether legal or illegal), such as a pyramid scheme, on HOPE+

8. International Users. HOPE+ is an international community, currently legally based in the United States.
 
a. You hereby agree to having your personal data, content and intellectual property transferred to and processed in the United States.
 
b. If you are on the U.S. Treasury Department's list of Specially Designated Nationals and/or located in a country embargoed by the United States, you will not engage in commercial or political activities on HOPE+ nor create any links or links to links that do so or intend or propose to do so.
 
9. Links. If you elect to use the SHARE buttons and/or post links within the HOPE+ site, you specifically acknowledge and agree to the following:
 
a. You accept full responsibility for all links, information and content placed by you or those to whom you link and/or are linked.
 
b. When you use a LINK from any outside URL, you elect to leave the HOPE+ site; you hereby waive and release any claims that you may now or hereafter have against HOPE+ arising out of or in connection with your use of the LINK. You hold harmless and indemnify HOPE+ for any and all actions arising out of your use of such LINK including all claims by other HOPE+ users and third parties resulting from the presence of the LINK on the site, including, without limitation, claims for compensation, defamation, invasion of privacy, discrimination, violation of rights at law or civil rights, copyright infringement or other infringements or violations of personal or property rights of any sort whatsoever (including legal fees and costs)
 
10. Payments. HOPE+ does not currently accept donations to organizations or projects featured on the site, it expects to do so in the near future. If and when you make a payment on HOPE+ (including HOPE+ credits or other value or affinity programme), you agree to abide by our then prevailing Payment Terms.
 
 
11. Governance.
 
a. We can add, delete, amend or change this Policy from time to time and for any legal, policy or administrative reason; we will provide you notice of any change on the site.
 
b. Termination. If you violate the letter or spirit of this Policy or otherwise create possible legal or financial exposure for us, we can stop providing all or part of HOPE+ to you. You may also delete your account or disable your application at any time. In such cases, your membership account will terminate but the provisions of this Policy shall terminate, but all applicable provisions of this Policy shall continue in force.
 
c. Dispute Resolution. Disputes (including any claim or cause of action) arising out of or in connection with this Policy will be resolved exclusively in a state or federal court located in the County of Los Angeles OR Charleston, South Carolina. The laws of the State of California will govern this Policy as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California or Charleston, South Carolina, for the purpose of litigating all such claims.
 
At HOPE+’s sole discretion, we may elect to proceed to arbitration in lieu of seeking a court’s determination and at our sole election such arbitration shall be binding upon the parties. In the event binding arbitration is not elected by us, we reserve all rights at equity and law, including the right to proceed to litigation in accordance with sub-provision 11(c) above.
 
12. Indemnification. You waive and release any and all claims or causes of action which you may now or hereafter have against HOPE+ arising out of or in connection with your membership, use or participation in HOPE+. In the event, anyone brings a claim against us related to your actions, content or information on HOPE+, including, without limitation, claims of compensation, defamation, invasion of privacy, discrimination, violation of rights at law or civil rights, copyright infringement or other infringements or violations of personal or property rights of any sort whatsoever, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.
 
13. The Big Truck. HOPE+ attempts to keep HOPE+ operating efficiently and safely. You join and use HOPE+ at your own risk. We do not guarantee that HOPE+ will be safe. HOPE+ is offered "as is" and without any express or implied warranties including, but not limited to, implied warranties of profile and content security and non-infringement. HOPE+ is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
 
If you are a California resident, you waive California civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." We are not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Policy or HOPE+, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or hope+ will not exceed the greater of one hundred dollars ($100). In the event applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you; in such event, HOPE+'s liability will be limited to the fullest extent permitted by applicable law.