TERMS

As a participant of the site WeTryBetter.com (Charitable organization registered in the State of Texas, USA #1228085370002) you agree that in the moment of uploading any image or text, all items you are sending in any format to our webpage (email, groups, forum, upload, submit) become the property of Wetrybetter.com and we can use it for anything, including to add such images into a large collage of images and sell such collage.

Contact: Donny Lewis

Definitions

"Participant" means a user of this webpage (WeTrybetter.com) who is a natural person and actively used this site by adding an image of a good deed to the group pages. We sometimes refer to them as 'users', 'members', 'you' as well, which all mean "Participant".
"Organizer", "we", "us", "Community" "Owners", "WeTryBetter", "Project" all refer to the operators of this webpage: Donny Lewis.
"Good deed" is a small action that a participant documented with an image of their camera and uploaded to the Groups pages of this website.
"Webpage" or "website" refers to any or all the pages under the domain www.wetrybetter.com
"NFT" or "NFT auction" means the potential auction that the organisers will do for the final collage of all images. The organizers aim to sell such an NFT but it remains the rights of the organisers to refrain from any such sale at their prerogative.
"Canvas", "collage", "image of 1 million deeds" means the image the organizers aim to put together as a collage of all uploaded images from participants via our webpage.
"Image" is a unique photo a user took themselves with a camera/phone and has uploaded to the webpage. Only images that fit to the mission of our webpage will be selected for the canvas. Every image has to be unique (no duplicates).
“Net proceeds” means the amount of money in crypto currency (or any other currency) that was raised from the Sale or Auction (the 'gross proceeds') of that NFT collage, after the costs, taxes and fees of the organizers were deducted from the Sale Amount (gross proceeds). The NFT's Sale amount minus organizers’ fees, costs and taxes equals Net proceeds. The Net Proceeds are then distributed between charities and participants based on organizer's rules.
"Sale Amount" or "Auction Price" or "Gross Proceeds" of the NFT collage means the amount of money in any kind of currency (crypto or other currencies) that was paid by someone to the organizer's account for the final collage of the canvas.
"Charities" refer to the non-for profit organizations that organizers decided to donate some of the net proceeds. Organizers can change list of charities at any point and without notice and without explanations. We are not responsible for the actions that these charities do with the donations they receive.
"Uploaded" or "Submitted" refers to the action of a user to transmit an image to our webpage, which could happen via any permitted way on our webpage (email, groups, forum, contact form..)

No Warranty by Site Owners

The WeTrybetter.com Community and content posted on the Community is provided “as-is,” exclusive of any express or implied warranties whatsoever.

WETRYBETTER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WETRYBETTER.COM IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT THEY POST. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT POSTED BY A WETRYBETTER EMPLOYEE OR REPRESENTATIVE, DOES NOT REPRESENT THE VIEWS OR OPINIONS OF WETRYBETTER, AND SUCH CONTENT WILL NOT CREATE ANY OBLIGATION ON THE PART OF WETRYBETTER.

Limitation of Liability
You agree that you bear all risks associated with using or relying upon content on the Community.

IN NO EVENT SHALL WETRYBETTER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, ARISING FROM YOUR USE OF THE COMMUNMITY, EVEN IF WETRYBETTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT WETRYBETTER.COM MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF WARRANTY AND THE EXTENT OF WETRYBETTER.COM'S LIABILITY SHALL BE LIMITED AT ALL TIMES TO THE AMOUNT PAID, IF ANY, BY YOU TO WETRYBETTER.COM FOR YOUR ACCESS AND USE OF THE COMMUNITY.

Indemnity
You agree to indemnify, release, and hold WETRYBETTER.COM, its subsidiaries, affiliates, officers, agents, employees and subcontractors harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post on the Community.

Modification to the Rules
WeTryBetter.com may change these Rules at any time and without notice. By continuing to use or log-in to the Community after these Rules have changed, you indicate your agreement to the revised Rules. If you do not agree to the changes, you should stop using or logging-in to the Community.

Governing Law
These Rules are governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of laws rules. You expressly and irrevocably agree that the exclusive jurisdiction for any claim or dispute under these Rules resides in the competent courts located in the state of Texas, USA.

Participant representation and warrants

By signing up to become a participant of WeTrybetter every participants represents and warrants that every image, video or other file that they upload or submit to the site were the participants sole and uninfringed property right up to the moment you uploaded them. Every participants declare that they owned the copyright to these files and they are NOT infringing upon other people's right to upload them.

Every Participant affirms that their uploaded image (or any other file format) depicts a scene that is a proof of your action related to the mission of our project to record small deeds that make the world greener

Every Participant declares to never share, upload or email any images (or other file formats) to this site that are: disturbing, illegal, offensive, or in any other way not-related to the intent of this site. Any violation to our terms will not only result in removal of your content, the barring of your membership but also we reserve the right to sue.

Change of Image Ownership in moment of uploading to WeTrybetter

Your submission and its contents automatically become the property of WeTryBetter.com, without any compensation of any kind owed to you. We attempt to try to distribute funds of a potential net proceeds to all participants but that is not a legal obligation by us. You agree that any images or other files you upload to this site immediately transfers at the moment of submission (or uploading) into the ownership of WeTryBetter.com, who can do whatever they want with these files you have uploaded, shared, emailed or transmitted to us in whatever way. You hereby give WeTrybetter.com the complete rights to every image you are uploading or submitting to this site in any form.

Rules for Distribution of Digital Art Auction

Only if there was a successful NFT sale (the auction) with positive net proceeds, 100% of the net proceeds are donated to our list of charities. Organizers keep rights to decide themselves, which images to include in the collage. Organisers keep right to decide in which proportions to distribute amongst the non profit partners. If one member uploaded more than 5,000 images - if they have been accepted by organisers to be included in final canvas - the member gains the right to select which nonprofit organisation from our partners will receive their proportional share of net profits generated.

Rights of Site owners

The owners of Wetrybetter keep the rights to delete your posts, delete your images, decide not to use any of your images for the canvas or delete your membership for any reason. Any image that we delete or decide not to use for the final canvas will also not get any proceeds from a potential NFT sale. While we will aim to explain why you violated our terms, we do not have to. The owners of the site also keep the right to take a fee from the sale of the NFT (sale amount) before the net proceeds amount is split up between charities. Organizers may use images to create NFT’s for promotional and charitable purposes.

The owners keep the right to stop this project, change its rules and terms of this website, or restart this project at any time of their choosing. The owners reserve the right to stop this project at any point in time.

Relationship of the Parties.
Nothing in these Rules shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf.

Information and Notices
You agree that WeTryBetter may send you information and notices regarding the Community or your Community account, by email, by posting notices on the Community or by other means based on the information you provide to WeTryBetter.

Entire Agreement.
These Rules constitute the complete and exclusive agreement between the parties concerning the Community and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Rules. If WeTryBetter should waive any breach of any provision of these Rules, it shall not be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.

Terms Version 1.3 March 17, 2023