Terms and Conditions of Use

 

Effective Date: September 5th, 2017

 

By using Change, Inc.'s Amazon Alexa Skill Service (“Service”), you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions ("Agreement"); (2) that you are above the age of majority and have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website. If you do not agree with the Agreement, please stop using the Service.

 

Access and Use of Service

·      You cannot access or use our Service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding privacy, online conduct, and acceptable content.

·      You must not modify, adapt, or hack into the Service or modify another website so as to falsely imply that it is associated with our Service.

·      You must not transmit any worms or viruses or any code of a destructive nature.

 

Limited Permission

You are granted non-exclusive permission to temporarily download one copy of Change, Inc.’s application contents (information and music) for personal viewing only.

 

Unauthorized Use

You MAY NOT:

               i.         modify or copy the contents;

              ii.         use the contents for any commercial purpose, or for any public display (commercial or non-commercial);

            iii.         attempt to decompile or reverse engineer any software contained on Change, Inc.'s application;

            iv.         remove any copyright or other proprietary notations from the contents;

              v.         transfer the contents to another person or "mirror" the contents on any other server;

            vi.         use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website; or

           vii.         use the Service for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, any way we determine to be inappropriate or for any purpose that is prohibited by the terms and conditions of this Agreement.

Illegal and/or unauthorized uses of the Service, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

 

Third-Party Services

From time to time, Change, Inc. may use services, including but not limited to, analytics and advertising, provided by persons or entities other than us ("Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of such services. If you choose to access any Third-Parties links, you do so at your own risk. Any link from our Service to a Third-Party does not imply sponsorship, affiliation, or endorsement of the content or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our Service, or which may download or connect with through our Service. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.

 

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, MERCHANT, OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.

 

Intellectual Property

Except for content linked to or from an external source, all other information and materials that appear as part of Change, Inc.’s application and website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names (collectively "Intellectual Property") are the property of Change, Inc.

 

The application and website as a whole and all Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by Change, Inc., you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through the Service, in whole or in part.

 

Violation of Terms

User agrees that monetary damages may not provide a sufficient remedy to Change, Inc. for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.

 

Disclaimer

USE OF THE SERVICE IS AT YOUR SOLE RISK. CHANGE, INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING AND WITHOUT LIMITATION TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. CHANGE, INC. MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF CONTENT, THE CONTENT OF ANY LINKED SITE, CONTRIBUTIONS, INFORMATION, OR ANY OTHER ITEMS OR MATERIALS CONTAINED IN THE SERVICE. CHANGE, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF OUR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitations of Liability

IN NO EVENT SHALL CHANGE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST DATA, OR BUSINESS INTERRUPTION DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT. THIS LIMITATION OF LIABILITY APPLIES EVEN IF CHANGE, INC. OR AN AUTHORIZED REPRESENTATIVE IS NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

Revisions and Errata

Change, Inc. does not warrant that any of the contents on its Service is accurate, complete, or current. The hearing contents on the application could include technical or reading aloud errors. Change, Inc. reserves the right to make content changes to the Service at any time and without notice. Change, Inc., however, does not make any commitments to update the contents.

 

Indemnity

User agrees to indemnify, defend, and hold harmless Change, Inc., its agents and affiliates, and their officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including but without limitation to, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or otherwise arising in any way out of your use of the Service. Change, Inc. reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully in asserting any available defenses.

 

Modifications

Change Inc. reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Service at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. In the event of termination, user will still be bound by your obligations under this Agreement and any additional terms. Additionally, Change, Inc. shall not be liable to you or any third-party for any termination of your access. Your continued use of the Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification, or change. If at any time you do not accept the changes, you must immediately discontinue access to the Service.

 

Governing Law

This Agreement, your rights and obligations, our rights and obligations, and all actions arising from this Agreement will be governed by the laws of the State of Tokyo, Japan without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of courts in the State of Tokyo, Japan. Access to our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including but without limitation to, this paragraph.

 

General Legal Provisions

No joint venture, partnership, employment, or agency relationship exists between you and Change, Inc. as a result of this Agreement or use of our Service.

 

If any provision in this Agreement is invalid or unenforceable under applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

Change, Inc.’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.

 

All rights not expressly granted in this Agreement are hereby reserved.

 

This Agreement is the entire and final agreement regarding access to our Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.