User Agreement

(Our Privacy Policy is at the bottom of the page)

ProfilesForHumanity.org is an internet service that allows its users to create and share a vivid profile of themselves, which will help improve their online reputation and enhance their prospects when they apply for colleges, universities, scholarships, programs, and employment.

 

ProfilesForHumanity.org is operated by ChangingThePresent-Profiles Inc., a Delaware corporation. It is operated in collabonation with ChangingThePresent.org, which is the dba under which ImportantGifts Inc., a (501)(c)(3)nonprofit organization, operates.

ChangingThePresent-Profiles Inc. offers this internet service to its users pursuant to certain Terms of Use, as described below.

Users of the ChangingThePresent.Org may create and share personalized profile pages on the site. Additional services related to one's online presence will become available to users from time to time.

 

Conditions of Use

To use ProfilesForHumanity.org, and its affiliated websites and domain names (collectively, the "Website"), and to access its services, you must agree to the terms and conditions of use (the "Terms of Use"). Please read all of the Terms of Use carefully to be sure you agree with them. You will be required to indicate your full agreement with the Terms of Use. By using this Site, you agree to comply with, and abide by the Terms of Use. If you do not agree to the Terms of Use, then you are not authorized to use the Website, and may not register on the site or access certain of the Website's services. ChangingThePresent-Profiles Inc. may modify or change these Terms of Use from time to time, or at any time. You may again be required to agree to the modified or changed Terms of Use, but you are required to check the Terms of Use regularly, and your use of the Website indicates your agreement with the modified or changed Terms of Use. These Terms of Use also includes guidelines, policies, bulletins and notices attached to these Terms of Use.

 

Privacy

Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices. Among other things, our Privacy Notice provides that your personal information may be collected by us, but we will not sell, transfer or share your personal information with any third parties without your consent.

 

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Donations and Gifts by Users

All subscription fees and payments made by users of the Website are irrevocable.

 

Intellectual Property

All content included on the Website together with all processes of this Website, including without limitation all trademarks (including without limitation ChangingThePresent), trade names, trade dress, service marks, slogans, logos, images, likenesses, text, graphics, copy, copyrights, button icons, images, audio clips, digital downloads, data compilations, methodologies, patents, and software algorithms, support data, source codes and algorithm techniques, procedures and protocols, trade secrets, and other intellectual property rights (collectively, "Intellectual Property"), whether such Intellectual Property exists by statute, common law or by contract (including these Terms of Use, which is acknowledged and agreed to be a binding contract), and whether or not such Intellectual Property is or is not registered or is or is not derivative in nature, is and remains the property (as owner, licensee or otherwise) of Changing The Present - Profiles, Inc. and its affiliates, or their licensors, software or content suppliers (including without limitation the featured charitable nonprofit organizations), or their agents, and is protected by law, including without limitation United States and international copyright and trademark laws.

 

Website users or any other persons or entities may not use, utilize or appropriate, in any manner, any such Intellectual Property, for any purpose, for any time period, without the express written consent of Changing The Present - Profiles, Inc. (or in the case of Intellectual Property of others featured on the Website, such as colleges and universities, the express written consent of such other applicable party), which consent may be withheld or conditioned by Changing The Present - Profiles, Inc. (or such other applicable party) at its sole discretion. Uses of our Intellectual Property (or such other applicable party, including without limitation featured charitable nonprofit organizations), including without limitation trademarks, trade names and trade dress in any manner which disparages, discredits, or defames Changing The Present - Profiles, Inc. (or such other applicable party), or are likely to cause confusion among users of the Website, are especially discouraged, disfavored and prohibited.

Please review our Intellectual Property Notice, which also governs your visit to the Website, to understand the reservation of Intellectual Property in favor of Changing The Present - Profiles, Inc.

 

Certain Intellectual Property used on our Website remains the property of their respective owners, including without limitation the colleges, universities, schools, and nonprofit organizations that are featured on our Website, or other content providers, and such owners may not be affiliated with, connected to or sponsored by Changing The Present - Profiles, Inc. or its affiliates. Accordingly, any and all uses of Intellectual Property appearing on the Website are prohibited, unless specifically authorized by Changing The Present - Profiles, Inc. in writing (including specifically by the terms and conditions of the Terms of Use).

 

Changing The Present - Profiles, Inc. further disclaims any liability or responsibility for Intellectual Property (or other content) provided by others on the Website, including without limitation the educational and nonprofit organizations that are featured on our Website, users, or other content providers.

 

License and Site Access

Changing The Present - Profiles, Inc. grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Changing The Present - Profiles, Inc. To the extent that the Website specifically permits downloading, or to the extent that the Website specifically allows other personal uses of this Website or any portion thereof, then no further consent of Changing The Present - Profiles, Inc. for the specific downloading or other uses is required, provided however, that all such uses are personal to the user, and not for redistribution or republication or display.

 

This license does not include any resale or commercial use of this Website of its contents; any use for other purposes or its contents; any collection and use of any data or content; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another organization or company; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any nonprofit or commercial purpose without express written consent of Changing The Present - Profiles, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Changing The Present - Profiles, Inc. and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Changing The Present - Profiles, Inc.'s trade names or trademarks without the express written consent of Changing The Present - Profiles, Inc.

 

Any unauthorized use terminates the permission or license granted by Changing The Present - Profiles, Inc.

 

Changing The Present - Profiles, Inc. expressly reserves the sole right and sole prerogative to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Website so long as the link does not portray Changing The Present - Profiles, Inc., its affiliates, or their products or services in a false, misleading, derogatory, disparaging, discrediting, defamatory or otherwise offensive matter. You may not use any Changing The Present - Profiles, Inc. or Profiles for Humanily logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Any consent requested of Changing The Present - Profiles, Inc. may be withheld, conditioned, delayed or revoked at our sole discretion.

 

All references to the trademarks, trade names, logos, images, text, page layouts or forms of Changing The Present - Profiles, Inc. or its Website shall specifically include Profiles for Humanity, the ProfilesForHumanity.org website, ChangingThePresent, and the ChangingThePresent.org website.

 

Third Party Websites

This Website may provide links to other websites that are not maintained by Changing The Present - Profiles, Inc. These links are provided only as a convenience to users. Changing The Present - Profiles, Inc. is not responsible for the content, products, services or policies or activities of those websites. The inclusion of any link to any such website does not imply endorsement by Changing The Present - Profiles, Inc.. of such website.

 

Your Account

You must register on the Website and open a user account to be able to use certain other features on the Website. You are responsible for maintaining the confidentiality of your password and other information associated with your account and for all activity under your account, and for restricting access to your computer, your password and your account. Please notify Changing The Present - Profiles, Inc.. immediately if you suspect or have become aware that anyone may have gained unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.

 

If you are under 18, you may use the Website only with involvement of a parent or guardian.

 

Changing The Present - Profiles, Inc. and its affiliates reserve the right to terminate accounts, remove or edit content, cancel donations or associated purchases, or otherwise refuse Website service or access, in their sole discretion.

 

Comments, Communications and Content

To the extent provided as goods and services offered by the Website (but only to such extent, and Changing The Present - Profiles, Inc. specifically reserves the right to add or delete such goods and services offered), users may (a) post content to their profile pages, (b) submit suggestions, ideas, comments, questions, or other information, so long as, in each case, the content is not illegal, tortious, obscene, lewd, threatening, defamatory, violent, harassing, sexually explicit, invasive of privacy, infringing of intellectual property rights, false, misleading, misrepresentative, commercially-oriented, or otherwise injurious to third parties or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" (all such forms of prohibited content being collectively described as "Prohibited Content").

 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity on the Website or other content posted on the Website or created or modified through the Website (all such forms of prohibited user identification being collectively described as "Prohibited Identification"). You may not use a psuedonrm or create the impression that you are some other actual person. Changing The Present - Profiles, Inc. reserves the right (but not the obligation) to remove or edit such content, seek legal remedies for any such Prohibited Content or Prohibited Identification, or notify law enforcement personnel of any such Prohibited Content or Prohibited Identification. Changing The Present - Profiles, Inc. disclaims any obligation to regularly review posted content or posted user identification.

 

To the extent that users violate the foregoing prohibitions against user-generated content and/or user identification, Changing The Present - Profiles, Inc. expressly disclaims any and all liabilities or responsibilities with respect to such user-generated content or user-generated identification, and users specifically agree that ImportantGifts, Inc. shall bear no liability or responsibility for any Prohibited Content or Prohibited Identification.

 

Changing The Present - Profiles, Inc. also expressly reserves the sole right and sole prerogative to reject, refuse to post, delete or remove any user-generated content or posting by you (including without limitation Prohibited Content or Prohibited Identification), or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

 

Changing The Present - Profiles, Inc. welcomes user input regarding the abuse of user-generated content, and violations of the foregoing prohibitions by users, as additional means of assuring the benefits of the Website to all users. Changing The Present - Profiles, Inc. may, at any time in the future, place additional restrictions on user-generated content, or otherwise modify these Terms of Use at its sole discretion, to prevent abuses of user-generated content.

 

If you do post content or submit material, and unless we indicate otherwise (including the limitations on our use of your posted content and submitted materials, which follows this sentence), you grant Changing The Present - Profiles, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and further, you grant ImportantGifts, Inc. and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. Notwithstanding the foregoing, ImportantGifts, Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the Website, and after posting such content to the Website (collectively, "Your Content"), you continue to retain all ownership rights in Your Content.

 

By displaying or publishing Your Content on or through the Website, you hereby grant to Changing The Present - Profiles, Inc. a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content solely on and through the Website, or such third party promotional, public relations and advertising materials and media as Changing The Present - Profiles, Inc. utilizes with respect to the Website.

 

You represent and warrant that you own or otherwise control all of the rights to Your Content (including, for this context, any pseudonym you utilize, which shall be deemed content); that Your Content is accurate; that use of Your Content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold ImportantGifts, Inc. or its affiliates harmless from and against all claims, losses, liabilities, legal proceeding, damages, costs, and expenses (including without limitation reasonable attorneys' fees and disbursements) resulting from Your Content. In furtherance of the foregoing, by posting Your Content, you represent and warrant that: (i) you own Your Content or otherwise have the right to grant a license for ImportantGifts, Inc. to utilize Your Content, and (ii) the posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content being posted by you to or through the Website (or apart from the Website in any materials and media as otherwise specifically provided herein).

 

Changing The Present - Profiles, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Changing The Present - Profiles, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party, regardless of whether such content is or is not Prohibited Content or Prohibited Identification.

 

Copyright Complaints

Changing The Present - Profiles, Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

 
 
 

 

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY Changing The Present - Profiles, Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. Changing The Present - Profiles, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Changing The Present - Profiles, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Changing The Present - Profiles, Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Changing The Present - Profiles, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Changing The Present - Profiles, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Applicable Law

By visiting Changing The Present - Profiles, Inc., you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Changing The Present - Profiles, Inc. or its affiliates.

 
 

Disputes

USERS SHOULD NOTE THE FOLLOWING PROVISION, WHICH CONTAINS A BINDING ARBITRATION PROCEDURE, AND SELECTION OF FORUM AND VENUE, AMONG OTHER PROVISIONS.

Any dispute relating in any way to your visit to Changing The Present - Profiles, Inc. or to products you purchase throughChanging The Present - Profiles, Inc. shall be submitted to confidential arbitration in Boulder County, C,lorado, except that, to the extent you have in any manner violated or threatened to violate Changing The Present - Profiles, Inc.'s intellectual property rights, Changing The Present - Profiles, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Site Policies, Modification, and Severability

Please review our other policies posted on this site. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

No Waiver

Changing The Present - Profiles, Inc.’s failure to enforce the Terms of Use, or any portion of such Terms of Use, in every instance in which they might apply is not a waiver of any of Changing The Present - Profiles, Inc.’s rights, and Changing The Present - Profiles, Inc. reserves its right to take all legal steps available to enforce these Terms of Use.

 

Our Addresses

Changing The Present - Profiles, Inc.

440 Gregory Ln

Boulder, CO 80302

 

Our Policies

Each of these policies can be accessed from this User Agreement, and each of these policies are incorporated by reference herein so that by agreeing to the Terms of Use, you hereby agree to the following policies

Privacy Policy

ImportantGifts, Inc. takes your privacy seriously. Please read the following to learn more about our privacy policy.

 

What This Privacy Policy Covers

This policy covers how ImportantGifts, Inc. treats personal information that ImportantGifts, Inc. collects and receives, including information related to your past use of ImportantGifts, Inc. products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.

This policy does not apply to the practices of companies or organizations that ImportantGifts, Inc. does not own or control, or to people that ImportantGifts, Inc. does not employ or manage. This policy does, however, apply to Card Vendor which performs certain services for the Website, and which sells greeting cards and other gift items that may be purchased to memorialize a donation made through the Website.

In addition, should you consent to release your personal information to any third party, including the nonprofit organizations that receive grants in your name, the privacy policy of ImportantGifts, Inc. will not apply; such third parties, including grant nonprofit organizations, have their own privacy policies. ImportantGifts, Inc. does notify schools and nonprofits supported by Users of the Users' identity.

ImportantGifts, Inc. does not currently participate in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union, but ImportantGifts, Inc. may participate in such program in the future.

 

Information Collection and Use

ImportantGifts, Inc. may collect personal information when you register with ImportantGifts, Inc., when you make a donation or purchase any of the ImportantGifts, Inc. (or Card Vendor) products or services, or when you visit Website pages or the pages of certain ImportantGifts, Inc. partners or affiliates. ImportantGifts, Inc. may combine information about you that we have with information we obtain from other nonprofit organizations, or from Card Vendor, which administers certain aspects of the Website.

When you register with ImportantGifts, Inc. we ask for certain personal information about you. Accordingly, once you register with ImportantGifts, Inc. and log in to our services, you are not anonymous to us.

ImportantGifts, Inc. may collect information about your charitable donations, favored causes or charities, favored donation items, and greeting card or gift preferences. This list of personal information that may be collected about you on the Website is by no means exclusive..

ImportantGifts, Inc. may also automatically receive and record information on our server logs from your browser, including your IP address, cookie information and requested page information.

 

How Secure Is Information About Me?

ImportantGifts, Inc. uses any collected personal information for the following general purposes: to help customize content you see, fulfill your requests for products and services, improve our services, contact you, conduct research. ImportantGifts, Inc. may also use this information, on an anonymous reporting basis, for the benefit of other charitable organizations or governmental agencies.

Children will not have access to the Website, without parental permission. Once such parental permission is received, then information will be collected on the same basis as adults.

ImportantGifts, Inc. does not rent, sell, or share personal information about you with other people, companies or other nonprofit organizations, unless you specifically provide your permission to ImportantGifts, Inc.

Notwithstanding the foregoing, ImportantGifts, Inc. will respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We also believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ImportantGifts, Inc.'s terms of use, or as otherwise required by law.

We may transfer information about you if ImportantGifts, Inc. is merged with another nonprofit organization. In this event, ImportantGifts, Inc. will notify you before information about you is transferred and becomes subject to a different privacy policy.

ImportantGifts, Inc. may set and access ImportantGifts, Inc. cookies on your computer.

ImportantGifts, Inc. desires to protect the security of your information during transmission, and utilize SSL software designed specifically for that purpose. ImportantGifts, Inc. also desires to protect credit card information stored on file, and we utilize a 128-bit security certificate for all credit card payments.

It is also important for you to protect against unauthorized access to your password and to your computer.

You can delete your ImportantGifts, Inc. account upon written request.

 

Changes to this Privacy Policy

ImportantGifts, Inc. may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your ImportantGifts, Inc. account or by placing a prominent notice on our Website.

If you have questions or suggestions, contact us at:

ImportantGifts,Inc.
Legal Department, Spiegel Legal, LLC
148 North Main Street
Florida, NY 10921

 

Effective Date: December 11, 2006

Intellectual Property Notice

"ImportantGifts™", "ChangingThePresent™", and "Whatever Cause You're Passionate About, GIve it as a GIft™" are trademarks of ImportantGifts, Inc., the corporate name for the nonprofit, Changing The Present.

 

"Profiles For Humanity™" is a trademark of Changing The Present-Profiles, Inc., the corporate entity for which Profiles For Humanity is a dba.

 

All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Profiles For Humanity, except as specifically provided otherwise in the Terms of Use, contained in the User Agreement, for this Website, or, in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

 

Links to web sites other than this Website are offered as a service to our users. Profiles For Humanity. is not responsible for their content.

Notice and Procedure for Making Claims of Copyright Procedure

Boulder,If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Profiles for Humanity's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Profiles for Humanity and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Profiles for Humanity's copyright agent for notice of claims of copyright infringement on its Website can be reached as follows:

 

Copyright Agent
Profiles for Humanity
440 Gregory Ln

Boulder, CO 80302