Welcome, and thank you for your interest in the PeaceJam Foundation ("PeaceJam", "we," or "us")
and our website at billionacts.org (the "Site"), as well as the related websites, networks, embeddable widgets,
downloadable software, mobile applications (including tablet applications), and other services provided by us
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ONE BILLION ACTS OF PEACE
These Terms provide that all disputes between you and PeaceJam will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the "Dispute Resolution and Arbitration" section below for the details regarding your agreement to arbitrate any disputes with PeaceJam.
1. Eligibility. You must be at least thirteen (13) years of age to use the 1BAOP Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you have not previously been suspended or removed from the 1BAOP Service, or any other PeaceJam service; and (c) your registration and your use of the 1BAOP Service is in compliance with all applicable laws and regulations. If you are using the 1BAOP Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. Accounts and Registration. To access some features of the 1BAOP Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
3. User Content
3.1 User Content Generally. Certain features of the 1BAOP Service may permit users to upload content to the 1BAOP Service, including, without limitation, Acts of Peace,
communications, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish such User Content on the 1BAOP Service.
You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the 1BAOP Service.
3.2 License Grant to PeaceJam. By posting or publishing User Content, you grant PeaceJam a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). PeaceJam’s use of your User Content may be without any compensation paid to you.
3.3 License Grant to Other Users. By posting and sharing User Content with another user of the 1BAOP Service, you grant that user a worldwide, non-exclusive, royalty-free right and license to access and use that User Content as permitted by these Terms and the functionality of the 1BAOP Service. We encourage our users to derive inspiration from all Acts of Peace uploaded to the 1BAOP Service, while also maintaining respect for the legal rights of other users.
3.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize PeaceJam and other users of the 1BAOP Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 3 and in the manner contemplated by PeaceJam, the 1BAOP Service, and these Terms; and
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) 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; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PeaceJam or another user to violate any law or regulation.
3.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. PeaceJam may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the 1BAOP Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PeaceJam with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. PeaceJam does not permit copyright-infringing activities on the 1BAOP Service.
4. Digital Millennium Copyright Act
4.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the 1BAOP Service, you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted by or distributed through the 1BAOP Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the 1BAOP Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of those materials on the 1BAOP Service is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
4.2 Repeat Infringers. PeaceJam will promptly terminate without notice the accounts of users that are determined by PeaceJam to be "repeat infringers." A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from any PeaceJam service at least twice.
5. Prohibited Conduct. BY USING THE 1BAOP SERVICE YOU AGREE NOT TO:
5.1 use the 1BAOP Service for any illegal purpose or in violation of any local, state, national, or international law;
5.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
5.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
5.4 interfere with security-related features of the 1BAOP Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the 1BAOP Service except to the extent that the activity is expressly permitted by applicable law;
5.5 interfere with the operation of the 1BAOP Service or any user’s enjoyment of the 1BAOP Service, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the 1BAOP Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the 1BAOP Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
5.6 perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other 1BAOP Service account without permission, or falsifying your age or date of birth;
5.7 attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.
6. Third-Party Services and Linked Websites. PeaceJam may provide tools through the 1BAOP Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on 1BAOP with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The 1BAOP Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
7. Termination of Use; Discontinuation and Modification of the 1BAOP Service. If you violate any provision of these Terms, your permission from us to use the 1BAOP Service will terminate automatically. In addition, PeaceJam may in its sole discretion terminate your user account on the 1BAOP Service or suspend or terminate your access to the 1BAOP Service at any time, with or without notice. We also reserve the right to modify or discontinue the 1BAOP Service at any time (including by limiting or discontinuing certain features of the 1BAOP Service) without notice to you. We will have no liability whatsoever on account of any change to the 1BAOP Service or any suspension or termination of your access to or use of the 1BAOP Service. You may terminate your account at any time either through the termination options provided in your account or by contacting us at email@example.com.
8.2 Additional Terms. Your use of the 1BAOP Service is subject to all additional terms, policies, rules, or guidelines applicable to the 1BAOP Service or certain features of the 1BAOP Service that we may post on or link to from the 1BAOP Service (the "Additional Terms") from time to time, such as any end-user license agreements for downloadable software applications, or any rules applicable to a particular feature or content on the 1BAOP Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
9. Modification of these Terms. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. In addition, if our modifications are material, we will attempt to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the 1BAOP Service indicating that the Terms have changed. Nevertheless: (i) no modification to the Terms will apply to any dispute between you and PeaceJam that arose prior to the effective date of any modification; and (ii) if you do not agree with any modification to the Terms, you may terminate these Terms by ceasing use of the 1BAOP Service. Your continued use of the 1BAOP Service after new and/or revised Terms are effective indicates that you have read, understood, and agreed to them.
10. Ownership; Proprietary Rights. The 1BAOP Service is owned and operated by PeaceJam. The visual interfaces, graphics, design,
compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements
of the 1BAOP Service ("Materials") provided by PeaceJam are protected by intellectual property and other laws. All Materials contained in
the 1BAOP Service are the property of PeaceJam or our third-party licensors. Except as expressly authorized by PeaceJam, you may not make
use of the Materials. PeaceJam reserves all rights to the Materials not granted expressly in these Terms.
11. Indemnity. You agree that you will be responsible for your use of the 1BAOP Service, and you agree to defend and
indemnify PeaceJam and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together,
the "PeaceJam Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys'
fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the 1BAOP
Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
12. Disclaimers; No Warranties
THE 1BAOP SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE 1BAOP SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PEACEJAM ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE 1BAOP SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE 1BAOP SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PEACEJAM ENTITIES DO NOT WARRANT THAT THE 1BAOP SERVICE OR ANY PORTION OF THE 1BAOP SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE 1BAOP SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE 1BAOP SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE 1BAOP SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PEACEJAM ENTITIES OR THE 1BAOP SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE 1BAOP SERVICE, YOUR DEALING WITH ANY OTHER 1BAOP SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE 1BAOP SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE 1BAOP SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE 1BAOP SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE 1BAOP SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE 1BAOP SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation of Liability
IN NO EVENT WILL THE PEACEJAM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE 1BAOP SERVICE OR ANY MATERIALS OR CONTENT ON THE 1BAOP SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PEACEJAM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PEACEJAM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE 1BAOP SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law. These Terms are governed by the laws of the State of Colorado without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then, unless another location is expressly specified in these Terms, you and PeaceJam agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Jefferson County, Colorado for the purpose of litigating any dispute. We operate the 1BAOP Service from our offices in Colorado, and we make no representation that Materials included in the 1BAOP Service are appropriate or available for use in other locations.
16. Dispute Resolution and Arbitration
16.1 Generally. In the interest of resolving disputes between you and PeaceJam in the most expedient and cost effective manner, you and PeaceJam agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PEACEJAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Despite the provisions of Section 16.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitrator. Any arbitration between you and PeaceJam will be governed by the Commercial Dispute Resolution
Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the
American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PeaceJam.
16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other,
by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic
mail ("Notice"). PeaceJam's address for Notice is: PeaceJam Foundation, 11200 Ralston Road, Arvada, CO, 80004. The Notice must:
(a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use
good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is
received, you or PeaceJam may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made
by you or PeaceJam must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If our dispute is finally resolved through arbitration in your favor, PeaceJam will pay you the highest of the following: (i) the
amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by PeaceJam in settlement of the dispute
prior to the arbitrator’s award; or (iii) $1,000.
16.5 Fees. If you commence arbitration in accordance with these Terms, PeaceJam will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Jefferson County, Colorado, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse PeaceJam for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 No Class Actions. YOU AND PEACEJAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PeaceJam agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications. If PeaceJam makes any future change to this arbitration provision (other than a change to PeaceJam's address for Notice), you may reject the change by sending us written notice within 30 days of the change to PeaceJam's address for Notice, in which case your account with PeaceJam will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
16.8 Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.
18. Contact Information. The 1BAOP Service is offered by the PeaceJam Foundation, located at 11200 Ralston Road, Arvada, CO, 80004. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
19. Obtaining a Copy of These Terms. You may have these Terms mailed to you electronically by sending a letter to the address in Section 18 with your electronic mail address and a request for a copy of these Terms.
20. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the 1BAOP Service or to receive further information regarding use of the 1BAOP Service.