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CROSSWIRED® User Agreement

Thanks for using CROSSWIRED.COM and/or other CROSSWIRED® services and apps. When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.

Note: You are entering into a legally binding agreement.

1.1 Introduction

1.1. Purpose

CROSSWIRED® exists to connect and equip the grassroots missions movement of the 21st Century through:

  • Each mission worker being the energized epicenter of a flourishing community, and
  • Large numbers of mission-focused communities collaborating to glorify God.

CROSSWIRED® puts the mission's worker at the heart of its activities and solutions by:

  • Creating a supportive and growing missional community, through an enabling platform, that facilitates care and personal development of mission workers,
  • Working with partners to create personalized learning media and social networking across cultures and languages, and
  • Strengthening and growing new missions communities by amplifying their personal stories amongst their supporters and extended communities.

CROSSWIRED® is committed to continuous improvement of practical missions learning resources. To achieve this, CROSSWIRED® shall, under the terms of this User Agreement, be permitted to review information stored within the CROSSWIRED® Public Sites. CROSSWIRED® Public Sites are accessible by registered users ("Members") and unregistered viewers ("Visitors"), including those invited by Members or Visitors.

1.2. Scope and Intent

You agree that by registering on CROSSWIRED® or by using our websites, including our mobile applications, developer platforms, premium services, or any content or information provided as part of the CROSSWIRED® services (collectively, "CROSSWIRED®" or the "Services"), you are entering into a legally binding agreement with Khalibre Pte Ltd, C/O 745 Toa Payoh Larong 5, #03-01 The Actuary, Singapore 319455 ("we," "us," "our," and "CROSSWIRED") based on the terms of this CROSSWIRED® User Agreement and the CROSSWIRED® Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement"), whether as a registered member on crosswired.com and/or other Service, as applicable ("Member"), or unregistered user ("Visitor"). If you are using CROSSWIRED® on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT click "Join CROSSWIRED®" and do NOT access, view, download or otherwise use any CROSSWIRED® webpage, content, information or services. By clicking "Create Account", "Join CROSSWIRED®", "Sign Up" or similar, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the CROSSWIRED® User Agreement and Privacy Policy are also collectively referred to as CROSSWIRED's "Terms of Service."

2. Your Obligations

2.1. Applicable laws and this Agreement

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in section "10. DOs and DON'Ts" and section "11. Complaints Regarding Content Posted on the CROSSWIRED® Website"

2.2. License and warranty for your submissions to CROSSWIRED®

As between you and CROSSWIRED®, you own the content and information you provide CROSSWIRED® under this Agreement, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Please note that you may separately be bound by other obligations or restrictions relating to the use or dissemination of information or content, whether by law, contract, relationship or otherwise.

CROSSWIRED® shall use all or any portion of the information contained in discussions that take place in CROSSWIRED® Public Sites in order to add to the body of knowledge regarding, and consistent with its commitment to the continuous improvement of, member care and member development resources.

For CROSSWIRED® Public Sites (Individual Membership), you grant CROSSWIRED® a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use, to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to CROSSWIRED®, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to CROSSWIRED®, without any further consent, notice and/or compensation to you or to any third parties. CROSSWIRED® will ensure that any information used is sufficiently sanitized so as not to name individuals or divulge detailed location information.

Pursuant to this license, CROSSWIRED® may grant other Members and/or Visitors access and share rights to your content and information in accordance with the terms of this Agreement and consistent with your personalized CROSSWIRED® settings.

Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

It is your responsibility to keep your CROSSWIRED® profile information accurate and updated.

2.3. Service Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the "Minimum Age" (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a CROSSWIRED® account, (3) are not a competitor of CROSSWIRED® or are not using the Services for reasons that are in competition with CROSSWIRED®; (4) will only maintain one CROSSWIRED® account at any given time; (5) will use an alias or real name and only provide accurate information to CROSSWIRED®; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of CROSSWIRED® or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

"Minimum Age" means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for CROSSWIRED® to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

2.4 Your Membership

The profile you create on CROSSWIRED® will become part of CROSSWIRED® and except for the content and information that you license to us is owned by CROSSWIRED®. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other's accounts; (4) not sell, trade, or transfer your CROSSWIRED® account to another party; and (5) not charge anyone for access to any portion of CROSSWIRED®, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your CROSSWIRED® account, respectively, please email .

2.5. Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through CROSSWIRED®.

2.6. Payment

If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to CROSSWIRED® storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. CROSSWIRED® does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services by emailing . CROSSWIRED® does not provide any refunds. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that CROSSWIRED's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

2.7. Notify us of acts contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.8. Notifications and Service Messages

For purposes of service messages and notices about the Services, CROSSWIRED® may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from CROSSWIRED® to an email address associated with your account, even if we have other contact information. You also agree that CROSSWIRED® may communicate with you through your CROSSWIRED® account or through other means including email, mobile number, telephone, or delivery services including the postal service about your CROSSWIRED® account or services associated with CROSSWIRED®. Please carefully review your crosswired.com settings to control and limit what kind of messages you would like to receive from us. You have the option of unsubscribing from certain communications from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

2.9 [intentionally omitted]

2.10. User-to-User Communication and Sharing (CROSSWIRED® Forums, Updates, etc.)

CROSSWIRED® offers various open and private forums and organization-specific channels (each a "Forum" or "Channel"). In some CROSSWIRED® Forums, seasoned practitioners engage with learners in discussion outside of other CROSSWIRED® learning mediums. These Forums and their related Frequently Asked Questions and documents are a key area for growing knowledge and building competencies. Channels may be restricted to a specific organization and its members and guests. These Forums and Channels are places to post your observations and comments on designated topics. CROSSWIRED® also enables the sharing of information by allowing users to post updates, including links to videos such as YouTube and Vimeo. Seasoned practitioners and content partners can create CROSSWIRED® Forums for free, however, CROSSWIRED®, in its sole discretion, may close or transfer CROSSWIRED® Forums, or remove content from them or from anywhere on the Services if the content violates this Agreement or others' intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors (note also that all content you post is publicly visible unless you restrict it to a private audience), and CROSSWIRED® cannot guarantee that other Members will or will not use the ideas and information that you share on CROSSWIRED®, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any CROSSWIRED® Forums or Channels, into your Activity Updates, or elsewhere on CROSSWIRED®. CROSSWIRED® IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON CROSSWIRED®.

2.11. Privacy

You should carefully read our full Privacy Policy before using CROSSWIRED® as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to CROSSWIRED®, or Forums you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that CROSSWIRED® may process such information, within the terms of the Privacy Policy.

2.12. Export Control

Your use of CROSSWIRED® services, including our software, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

2.13. Contributions to CROSSWIRED®

By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to CROSSWIRED®, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CROSSWIRED® is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CROSSWIRED® shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CROSSWIRED® may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to CROSSWIRED® rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from CROSSWIRED® under any circumstances.

3. Your Rights

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of CROSSWIRED® or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members' settings and your degree of connection with them, in accordance with this Agreement. Any other use of CROSSWIRED® contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from CROSSWIRED® commercially unless expressly authorized by CROSSWIRED®) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in CROSSWIRED® and all related items, including any and all copies made of the CROSSWIRED® websites.

4. Our Rights and Obligations

4.1. Services Availability

For as long as CROSSWIRED® continues to offer the Services, CROSSWIRED® shall provide and seek to update, improve and expand the Services. As a result, we allow you to access CROSSWIRED® as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue CROSSWIRED®, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on CROSSWIRED® or by direct communication to you unless otherwise noted.

CROSSWIRED® further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by CROSSWIRED® to be contrary to this Agreement. For avoidance of doubt, CROSSWIRED® has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. CROSSWIRED® may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.

4.2. Third Party Content, Sites and Developers

By using the Services, you may be exposed to other Members' or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members' or third party content or information or for any damage of any kind incurred as result of your reliance thereon.

CROSSWIRED® may include links to third party web sites ("Third Party Sites") on our Services. CROSSWIRED® is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to use Third Party Sites you do so at your own risk, and that this Agreement does not apply to your use of any Third Party Site. Please note: If you allow a Third Party Site to authenticate you or connect with your CROSSWIRED® account, that application or website can access information on CROSSWIRED® related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to CROSSWIRED's Privacy Policy.

4.3. Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of CROSSWIRED®, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

4.4. Connections and Interactions with other Members

You are solely responsible for your interactions with other Members. CROSSWIRED® may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CROSSWIRED® reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if CROSSWIRED® determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

4.5. Intellectual Property Notices

The Services include the copyrights and Intellectual property rights of CROSSWIRED® and except for the limited license granted to you in Section 3, CROSSWIRED® reserves all of its intellectual property rights in the Services. CROSSWIRED® and other CROSSWIRED® trademarks, service marks, graphics, and logos used in connection with CROSSWIRED® are trademarks or registered trademarks of CROSSWIRED® or CROSSWIRED® Affiliates in the U.S., Singapore and/or other countries. Other trademarks and logos used in connection with CROSSWIRED® may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

5. Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON CROSSWIRED® OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CROSSWIRED® AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. CROSSWIRED® DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CROSSWIRED® AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CROSSWIRED® OR ANYTHING RELATED TO CROSSWIRED®, YOU MAY CLOSE YOUR CROSSWIRED® ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CROSSWIRED® IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CROSSWIRED® TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. CROSSWIRED® DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CROSSWIRED® DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. CROSSWIRED® DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CROSSWIRED® DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CROSSWIRED® DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CROSSWIRED® SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

6. Limitations of Liability

LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither CROSSWIRED® nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors ("CROSSWIRED® Affiliates") shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from CROSSWIRED®. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

Not apply to any damage that CROSSWIRED® may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7. Termination

7.1. Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to CROSSWIRED® pursuant to Section 9.3. This notice will be effective upon CROSSWIRED® processing your notice. CROSSWIRED® may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only CROSSWIRED® or the party paying for the services may terminate your access to any Premium Services. Termination of your CROSSWIRED® account includes disabling your access to CROSSWIRED® and may also bar you from any future use of CROSSWIRED®.

7.2. Misuse of the Services

CROSSWIRED® may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the CROSSWIRED® messaging services; creating multiple or false profiles; using the Services commercially without CROSSWIRED's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 10, or any other behavior that CROSSWIRED®, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, CROSSWIRED® has adopted a policy of terminating accounts of Members who, in CROSSWIRED's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

7.3. Effect of Termination

Upon termination of your CROSSWIRED® account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 ("Your Rights") and Sections 4.1., 4.2., and 4.3. ("Our Rights and Obligations").

8. Dispute Resolution

8.1. Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of Singapore regardless of your country of origin or where you access CROSSWIRED®, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and CROSSWIRED® agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and CROSSWIRED® agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims. Notwithstanding the above, you agree that CROSSWIRED® shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8.2. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9. General Terms

9.1. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.2. Language

Where CROSSWIRED® has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation, if any, is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with CROSSWIRED®.

9.3. Notices and Service of Process

In addition to Section 2.8. ("Notices and Service Messages"), we may notify you via postings on www.crosswired.com or another CROSSWIRED® site or app. You may contact us here. Or via mail or courier at: Khalibre Pte Ltd, C/O 745 Toa Payoh Larong 5, #03-01 The Actuary, Singapore 319455. Additionally, CROSSWIRED® accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

9.4. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and CROSSWIRED® regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CROSSWIRED® services, third-party content or third party software.

9.5. Amendments to This Agreement

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.crosswired.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.6. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any CROSSWIRED® Affiliate shall be deemed legally binding on any CROSSWIRED® Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of CROSSWIRED®.

9.7. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

9.8. Beneficiaries

Entities other than Khalibre Pte Ltd, that Khalibre Pte Ltd owns a 50% or greater interest in ("Affiliate") are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.

9.9. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Khalibre Pte Ltd for any third party that assumes our rights and obligations under this Agreement.

9.10. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

10. "DOs" and "DON'Ts"

As a condition to access CROSSWIRED®, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:

10.1. Do undertake the following:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; Provide accurate information to us and update it as necessary; Review and comply with our Privacy Policy;

Review and comply with notices sent by CROSSWIRED® concerning the Services; Use the Services in a professional manner; and Use an alias or real name on your profile.

10.2. Don't undertake the following:

Invite people you do not know well to join your network; Upload a profile image that is of somebody else. An alias image may be used. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to CROSSWIRED®; Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature; Create a Member profile for anyone other than a natural person; Harass, abuse or harm another person, including sending unwelcomed communications to others using CROSSWIRED®; Use or attempt to use another's account or create a false identity on CROSSWIRED®;

Upload, post, email, transmit or otherwise make available or initiate any content that: Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present; Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by CROSSWIRED®); Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using CROSSWIRED® invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using CROSSWIRED® to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of CROSSWIRED® or any user of CROSSWIRED®;

Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.

Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on CROSSWIRED® (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by CROSSWIRED®;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

Utilize or copy information, content or any data you view on or obtain from CROSSWIRED® to provide any service that is competitive, in CROSSWIRED's sole discretion, with CROSSWIRED®;

Imply or state, directly or indirectly, that you are affiliated with or endorsed by CROSSWIRED® unless you have entered into a written agreement with CROSSWIRED®;

Adapt, modify or create derivative works based on CROSSWIRED® or technology underlying the Services, or other Members' content, in whole or part, except as permitted under CROSSWIRED's developer program;

Rent, lease, loan, trade, sell/re-sell access to CROSSWIRED® or any information therein, or the equivalent, in whole or part;

Sell, sponsor, or otherwise monetize a CROSSWIRED® Forum or any other service or functionality of CROSSWIRED®, without the express written permission of CROSSWIRED®;

Deep-link to our sites for any purpose, (i.e. creating or posting a link to a CROSSWIRED® web page other than CROSSWIRED's home page) unless expressly authorized in writing by CROSSWIRED® or for the purpose of promoting your profile or a Forum on CROSSWIRED®;

Remove any copyright, trademark or other proprietary rights notices contained in or on CROSSWIRED®, including those of both CROSSWIRED® and any of its licensors;

Remove, cover or otherwise obscure any form of advertisement included on CROSSWIRED®;

Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from CROSSWIRED® except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

Share information of non-Members without their express consent;

Infringe or use CROSSWIRED's brand, logos or trademarks, including, without limitation, using the word "CROSSWIRED®" in any business name, email, or URL or including CROSSWIRED's trademarks and logos except as expressly permitted by CROSSWIRED®;

Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;

Use bots or other automated methods to access CROSSWIRED®, add or download contacts, send or redirect messages, or perform other similar activities through CROSSWIRED®, unless explicitly permitted by CROSSWIRED®;

Access, via automated or manual means or processes, CROSSWIRED® for purposes of monitoring CROSSWIRED's availability, performance or functionality for any competitive purpose;

Engage in "framing," "mirroring," or otherwise simulating the appearance or function of CROSSWIRED's website;

Attempt to or actually access CROSSWIRED® by any means other than through the interfaces provided by CROSSWIRED® such as its mobile application or by navigating to http://connect.crosswired.com using a web browser. This prohibition includes accessing or attempting to access CROSSWIRED® using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including CROSSWIRED®;

Attempt to or actually override any security component included in or underlying CROSSWIRED®;

Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on CROSSWIRED's infrastructure, including, but not limited to, sending unsolicited communications to other Members or CROSSWIRED® personnel, attempting to gain unauthorized access to CROSSWIRED®, or transmitting or activating computer viruses through or on CROSSWIRED®; and/or

Interfere or disrupt or game CROSSWIRED® or the Services, including, but not limited to, any servers or networks connected to CROSSWIRED®, or CROSSWIRED's search algorithms.

11. Complaints Regarding Content Posted on the CROSSWIRED® Website

We built CROSSWIRED® to help you strengthen relationships with other field workers and donors through common learning, a social learning community for like-minded people, and an ability to extend into a broader professional support community. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, CROSSWIRED® provides a process for submission of complaints concerning content posted by our Members.

 

How To Contact Us

If you have questions or comments about this User Agreement, please contact us via email at  or by physical mail at:

Khalibre Pte Ltd, #3-01 The Actuary 745 Lorong 5, Toa Payoh, Singapore 319455 Singapore

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