Transforma Projects Terms of Use

Effective Date: This Terms of Use Agreement was last updated on June 6, 2007

These "Terms of Use" set forth the terms and conditions that apply to your use of www.transformaprojects.org (the "Website"). By using the Website (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity. These terms of use apply to all users of the Transforma Projects Website, including users who are also contributors of content, information, and other materials or services on the Website.

If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.transformaprojects.com Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

Copyrights and Trademarks

A. All materials contained on the Website other than User Submissions are Copyright Transforma Projects. All rights reserved.

B. No person is authorized to use, copy or distribute any portion the Website including related graphics without prior written permission of an authorized officer of Transforma Projects.

C. Transforma Projects and other trademarks and/or service marks (including logos and designs) found on the Website are trademarks/service marks that identify Transforma Projects and the goods and/or services provided by Transforma Projects. Such marks may not be used under any circumstances without the prior written authorization of Transforma Projects.

Links to Third-Party Website

Transforma Projects may provide hyperlinks to third-party Websites as a convenience to users of the Website. Transforma Projects does not control third-party Websites and is not responsible for the contents of any linked-to, third-party Websites or any hyperlink in a linked-to Website. Transforma Projects does not endorse, recommend or approve any third-party Website hyperlinked from the Website. Transforma Projects will have no liability to any entity for the content or use of the content available through such hyperlink.

User Accounts

In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Transforma Projects of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Transforma Projects.

User Submissions

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Transforma Projects to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Transforma Projects, you hereby grant Transforma Projects a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Transforma Website and Transforma Projects's (and its successor's) organization, including without limitation for promoting and redistributing part or all of the Transforma Projects Website (and derivative works thereof) in any media formats and through any media channels.

By submitting the User Submissions to Transforma Projects you also hereby grant each user of the Transforma Projects Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Transforma Projects Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Transforma Projects all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Transforma Projects or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

Transforma Projects does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Transforma Projects expressly disclaims any and all liability in connection with User Submissions. Transforma Projects does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Transforma Projects will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

Transforma Projects reserves the right to remove Content and User Submissions without prior notice. Transforma Projects also reserves the right to terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Transforma Projects also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Transforma Projects may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the Transforma Projects Website, you will be exposed to User Submissions from a variety of sources, and that Transforma Projects is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Transforma Projects with respect thereto, and agree to indemnify and hold Transforma Projects, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Transforma Projects reserves the right to discontinue any aspect of the Transforma Projects Website at any time.

Modifications and Interruption to Service

Transforma Projects reserves the right to modify or discontinue the Service with or without notice to the Member. Transforma Projects shall not be liable to Member or any third party should Transforma Projects exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Transforma Projects does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

No Representations or Warranties; Limitations on Liability

The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Transforma Projects MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE Website, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE Website, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE Website.

Indemnification

Users of this site agree to indemnify and hold Transforma Projects, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

Governing Jurisdiction of the Courts

You agree that: (i) the Transforma Projects Website shall be deemed solely based in Texas; and (ii) the Transforma Projects Website shall be deemed a passive website that does not give rise to personal jurisdiction over Transforma Projects, either specific or general, in jurisdictions other than Transforma Projects. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Whatever the case, you affirm that you are over the age of 13, as the Transforma Projects Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Transforma Website.

Changes to These Terms of Use

Transforma Projects reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Transforma Projects with any questions relating to these Terms of Use at info@transformaprojects.org.