Terms of Service

Terms of Use Agreement - Effective:  4 April, 2014

This web site (the “Web Site”) is operated by 350.org (“we”, “us” and/or “our”) and has been created to accomplish our mission of building a global movement to solve the climate crisis (the “Mission”) with the help of Web Site visitors (“you”, “your”). In furtherance of this Mission and in order to ensure that the Web Site operates smoothly, we need for you to agree to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”).  Please read this Agreement carefully.

1. Acceptance of the Terms and Conditions.

1.1 By accessing or using the Web Site, you acknowledge that you have read, understood, and agree to this Agreement.

1.2 We may change this Agreement from time to time without notice.  You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Web Site.  The revised terms and conditions will become effective at the time we post them.  Any use of the Web Site after that time shall constitute your acceptance of such revised terms and conditions.

1.3 Your access to and use of the Web Site is also subject to our Privacy Policy, whose terms and conditions are incorporated in this Agreement by reference.

2. Use of the Web Site

2.1

In conveying our message and organizing our network, we include a wide variety of material on the Web Site (the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties.  Some of this Content includes text; however, in order to communicate with members of our movement in different parts of the globe, much of the Content includes graphics, images, software, and video.  This Content is protected by United States and foreign intellectual property laws.  As a visitor, you agree that you have no rights in or to the Content except as granted in this Agreement, and that you will not use, copy, make derivative works of, display, or distribute the Content except as permitted under Section 2.2 of this Agreement.  If you violate any part of this Agreement, your right to access and/or use the Content and Web Site will automatically be revoked and you will destroy any copies you have made of the Content.

2.2

350.org grants you a non-exclusive license to use, copy, make derivative works of, display, and/or distribute the Content in ways that are in furtherance of the Mission, as determined in 350.org’s sole discretion, provided that the Content contains no credit or attribution to third-parties. If the content contains credit or attribution to a third-party Content creator, you are required to abide by all license agreements as set forth by the third-party Content creator.

2.3

To help create a globally recognized brand for our movement, the Web Site contains registered and unregistered trademarks, service marks, and logos belonging to 350.org and third-parties (the “Trademarks”).  You agree not to display or use the Trademarks in any manner without our prior consent.

2.4

In order to ensure our ability to accomplish our Mission, it is essential that the Web Site function properly.  Accordingly, you agree not to:

(a) take any action that imposes an unreasonable load on the Web Site’s infrastructure;

(b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site;

(c) attempt to decipher or reverse engineer any of the software comprising or making up the Web Site;

(d) delete or alter any material posted on the Web Site by 350.org or any other person or entity; or

(e) modify, remove, or otherwise alter in any way any portion of 350.org’s video player.

2.5

To provide you with access to even more information you might find interesting, the Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others, and we are not responsible for any such content.  We suggest contacting those External Sites directly if you have any concerns regarding such links or any content located on such External Sites.

2.6

We are respectful of the intellectual property rights of others.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials on the Web Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details).  Notices and counter notices with respect to the Web Site should be sent to 350.org at: Team@350.org.

3. Limitation of Liability and Disclaimer of Warranties.

Although we make great efforts to ensure that the Web Site functions properly and serves as a powerful tool for organizing a global movement against the climate crisis, it is necessary for us to limit our legal liability in the event that something does go wrong.  Accordingly, we need for you to agree to the following limitations of liability and disclaimers of warranties.

3.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 350.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

(b) 350.ORG MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 350.ORG OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

3.2

350.ORG, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES (THE “PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  IN SUCH STATES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification.  

In an unanticipated situation where your breach of this Agreement or misuse of the Web Site causes a problem for 350.org, we find it necessary to protect ourselves to prevent possible harm to our ability to accomplish our Mission.  Accordingly, you agree to defend, indemnify, and hold harmless 350.org from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site.  We will provide you with notice of any such claim, suit, or proceeding.  We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests in assisting us.

5. Termination of the Agreement.

5.1

In order to remain flexible in the ever-evolving fight against the climate crisis, we reserve the right to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.

5.2

The provisions regarding “Use of the Web Site”, “Limitation of Liability and Warranty”, “Indemnification”, “Termination of the Agreement”, and “Miscellaneous” will survive the termination of this Agreement.

6. User Must Comply with Applicable Laws.

Although the 350.org movement is global, this Web Site is based in Brooklyn, New York, USA.  We make no claims concerning whether the Content may be downloaded or viewed outside of the United States.  Whether inside or outside of the United States, you agree to be solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7. Miscellaneous. 

7.1

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York  in the State of New York.

7.2

If any provision of this Agreement is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement.

7.3

If 350.org fails to act on or enforce any provision of the Agreement, it shall not be construed as a waiver of that provision or any other provision in the Agreement.  No waiver is effective against 350.org unless it is made in writing.

7.4

Except as expressly agreed by 350.org and you, this Agreement constitutes the entire Agreement between you and 350.org with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between you and 350.org with respect to the subject matter.

7.5

The section headings are provided merely for convenience and have no legal or contractual effect.

7.6

This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.