Thank you for your interest in Design for Change, a TCI-DFC Program. TCI-DFC owns and operates website properties located at www.dfcworld.com and elsewhere on the Internet (collectively referred to as the “Sites”) and also provides access to downloadable videos, design supplements, and other content (the Sites, together with any other products and services provided by Design for Change, are collectively referred to as the “Design for Change Service”).
1. Acceptance of the Terms.
A. Additional Policies.
The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies, which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Design for Change Service.
C. Submissions Policy.
Your feedback is important to us. Our Submissions Policy, which describes the terms on which we accept submissions, is available here.
2. Accessing the Design for Change Service.
Design for Change grants you permission to access and use the Design for Change Service as set forth in these Terms and consistent with the intended features of the Design for Change Service, provided that: (i) you use the Design for Change Service solely for personal, private, noncommercial or educational purposes and (ii) you do not engage in any of the prohibited uses described below.
3. Proprietary Rights Notice.
The Design for Change Service is owned and operated by DFC. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site provided by Design for Change (“Design for Change Materials”) are the valuable proprietary and intellectual property of Design for Change or its licensors. Design for Change Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. Except as expressly authorized by Design for Change, you agree not to sell, license, publish, or otherwise make unauthorized use of the Design for Change Materials.
4. Prohibited Use Of The Design for Change Service.
A. Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
B. Impersonate another person or entity, or access another user’s account without that user’s permission;
C. Misrepresent the source, identity, or content of information transmitted via the Design for Change website/media channels; or
D. Use the Design for Change Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing.
E. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
F. Interfere with or disrupt the Design for Change Service, networks or servers connected to the Design for Change Service, or violate the regulations, policies or procedures of such networks or servers;
G. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); or
H. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Design for Change Service, features that prevent or restrict the use or copying of any part of the Teaching Channel Service, or features that enforce limitations on the use of the Design for Change Service or any content therein.
5. User Submissions.
A. General. The Design for Change Service provides certain features which enable users to directly and indirectly post content, including text, images, audiovisual and other types of works (such as by creating a profile, submitting their story of change, posting on message boards or commenting on other users’ stories/entries for the school challenge) (“User Submissions”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are not controlled by Design for Change. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Design for Change, are entirely responsible for all User Submissions that you make available through the Design for Change Service. However, in case you want to report abuse, please write to firstname.lastname@example.org
B. No Obligation to Publish. Design for Change makes no representations that it will publish or make available on the Design for Change Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Design for Change Service, or to remove any User Submission at any time with or without notice.
C. License Grant by You to Design for Change. By submitting User Submissions to Design for Change, you hereby grant Design for Change and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the Design for Change Service.
D. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Design for Change to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
6. Modification of the Terms.
7. Third Party Content and Links.
The Design for Change Service may contain references or links to third-party materials (including, without limitation, web sites) not controlled by Design for Change or its suppliers or licensors. Design for Change provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Design for Change is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Design for Change Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Design for Change Service are solely between you and such advertiser. YOU AGREE THAT DESIGN FOR CHANGE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE TEACHING CHANNEL SERVICE. When you leave the Design for Change Service, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.
8. User Disagreements.
Your use of the Teaching Channel Service may bring you into contact with other users, and their User Content, such as through networked game play, chat, and other user communication features of the Teaching Channel Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release Teaching Channel (and Teaching Channel’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9. Confidential Information.
Certain content, information or software you access through the Teaching Channel Service may contain confidential information of Teaching Channel. You agree to keep Teaching Channel information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Teaching Channel information to any third party or use Teaching Channel information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Teaching Channel confidential information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.
You agree to indemnify and hold harmless Design for Change and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Design for Change Service; (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third party intellectual property rights. Design for Change reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter that you are required to indemnify Design for Change for without the prior written consent from Design for Change. Design for Change will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Limitation of Liability.
IN NO EVENT WILL DESIGN FOR CHANGE OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE DESIGN FOR CHANGE SERVICE OR ITS CONTENT, INCLUDING USER CONTENT, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF DESIGN FOR CHANGE OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The services hereunder are offered by:
Design for Change