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Effective April 30th, 2009

A Good Idea Terms of Use

A Good Idea (“A Good Idea” or “we”) is a 501(c)(3) nonprofit organization that seeks to inspire people to implement their ideas for positive social change (the “Services”) through our website, accessible at www.agoodideasf.org (the “Site”). Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Site, Services and Content (defined below), grant us certain rights with regard to your User Submissions (defined below) and constitute a binding legal agreement between you and A Good Idea.

Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Content, the latter Terms of Use and conditions shall take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE “SUBMIT” BUTTON, OR BY SUBMITTING ANY USER SUBMISSIONS (DEFINED BELOW) TO A GOOD IDEA ON THE SITE OR THROUGH THE SERVICES, OR BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.

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Modification

A Good Idea reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the home page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility and Use

The Site and Services are intended solely for persons who are 13 or older. Please do not use the Site or Services if you are under 13.

Privacy

Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from users.

Ownership

The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. A Good Idea and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

Content License

A Good Idea authorizes you to download, view and print any Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by A Good Idea or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

User Submissions

Users may submit or transmit text, graphics, information or other materials to A Good Idea through the Site and Services (“User Submissions”). By uploading, posting, submitting or otherwise transmitting any User Submission on the Site or to A Good Idea, you hereby grant to A Good Idea a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, reproduce, distribute, perform, prepare derivative works from, display and otherwise exploit such User Submissions in connection with the Site and Services including, without limitation, for promotion and marketing of the Services in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to A Good Idea. A Good Idea does not claim any ownership rights in any such User Submissions and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Submissions.

From time to time, A Good Idea may contact you regarding your User Submissions. You understand and agree that:

(i)

A Good Idea only accepts User Submissions on a non-confidential basis, whether or not you indicate your User Submission is confidential;

(ii)

A Good Idea is not obligated to maintain or store any User Submissions or to forward your Submission to you or a third party;

(iii)

A Good Idea is engaged in creating and developing its own programs, plans and projects to, for example, accomplish social change, so it is possible that we are already independently developing programs, plans and projects that are quite similar to your User Submissions (including the concepts contemplated by or embodied therein); and

(iv)

nothing in these Terms of Use or any discussion with you will be construed as a representation or agreement that A Good Idea will develop your User Submission or compensate you or provide you with feedback with regard to your User Submission.

Nothing in these Terms of Use will be construed to create a partnership, joint venture or agency relationship between you and A Good Idea.

General Prohibitions

You agree not to do any of the following while using the Site, Services or Content:

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Upload, post, submit or transmit any text, graphics, images, software, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

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Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, A Good Idea’s name, any A Good Idea trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without A Good Idea’s express written consent;

•

Attempt to probe, scan, or test the vulnerability of any A Good Idea system or network or breach any security or authentication measures;

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Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by A Good Idea or any of A Good Idea’s providers or any other third party (including another user) to protect the Site, Services or Content;

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Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by A Good Idea or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);

•

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

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Use any meta tags or other hidden text or metadata utilizing a A Good Idea trademark, logo URL or product name without A Good Idea’s express written consent;

•

Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

•

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;

•

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;

•

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

•

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

•

Impersonate or misrepresent your affiliation with any person or entity;

•

Violate any applicable law or regulation; or

•

Encourage or enable any other individual to do any of the foregoing.

A Good Idea will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. A Good Idea may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that A Good Idea has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. A Good Idea reserves the right, at any time and without prior notice, to remove or disable access to any content (including User Submissions) that A Good Idea, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that A Good Idea is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by A Good Idea of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

A Good Idea will have the right to suspend, disable or terminate your access to or use of the Site and Services, or terminate these Terms of Use, at its sole discretion and without prior notice to you. You may stop using the Site, Services or any Content at any time. A Good Idea will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Any suspension or termination will not affect your obligations to A Good Idea under these Terms of Use (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Disclaimers

THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, A GOOD IDEA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

A GOOD IDEA MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. A GOOD IDEA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM A GOOD IDEA OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold A Good Idea, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER A GOOD IDEA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A GOOD IDEA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL A GOOD IDEA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED TWENTY-FIVE ($25). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN A GOOD IDEA AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of A Good Idea used herein are trademarks or registered trademarks of A Good Idea. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between A Good Idea and you regarding the Site, Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between A Good Idea and you regarding the Site, Services and Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without A Good Idea’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. A Good Idea may assign or transfer these Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (i) by A Good Idea via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of A Good Idea to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of A Good Idea. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting A Good Idea

If you have any questions about these Terms of Use, please contact A Good Idea at webmaster@agoodideasf.org.

*Organized under the laws of California as a nonprofit corporation, A Good Idea is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code.

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