Last Updated: July 27, 2015
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Climate Advocacy Lab (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and the Skoll Global Threats Fund (the “Administrator” or “we”) concerning your use of (including any access to) the Climate Advocacy Lab website currently located at www.climateadvocacylab.org (together with any materials and services available therein, and successor site(s) thereto, the “Climate Advocacy Lab”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by the Administrator through the Climate Advocacy Lab, or otherwise made available to you by the Administrator.
BY USING THE CLIMATE ADVOCACY LAB, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
1. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Climate Advocacy Lab. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Climate Advocacy Lab following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Climate Advocacy Lab (including access to the Climate Advocacy Lab via any third-party links); charge, modify or waive any fees required to use the Climate Advocacy Lab; or offer opportunities to some or all Climate Advocacy Lab users.
2. Jurisdictional Issues. The Climate Advocacy Lab is controlled or operated (or both) from the United States, and is not intended to subject the Administrator to any non-U.S. jurisdiction or law. The Climate Advocacy Lab may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Climate Advocacy Lab is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Climate Advocacy Lab’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
3. License to Use Feedback. If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), related to the features, functionality and/or operation of the Climate Advocacy Lab, you hereby acknowledge and agree that such Feedback is not confidential, that your provision of such Feedback is gratuitous, unsolicited and without restriction, that the Administrator may use and exploit such Feedback in perpetuity, in any format or media now known or hereafter developed, and for any purpose without any additional consideration to you or any third party, and that such Feedback does not place the Administrator under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Feedback, and your provision thereof through and in connection with the Climate Advocacy Lab, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Feedback that you may have under any applicable law under any legal theory.
The Administrator may (but does not have any obligation to) review all Feedback to the Climate Advocacy Lab. The Administrator reserves the right (but does not have the obligation) to modify or delete Feedback, without notice and for any reason. We may disclose any Feedback and the circumstances surrounding its transmission to anyone for any reason or purpose.
4. Lobbying. United States federal law restricts lobbying activities by tax-exempt organizations, including certain activities intended to influence legislation. Feedback by you may constitute lobbying by you or an organization that you represent. You are responsible for understanding and complying with any applicable lobbying restrictions and other applicable laws.
5. Administrator’s Proprietary Rights. We own the Climate Advocacy Lab, which is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Climate Advocacy Lab are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Climate Advocacy Lab should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
6. Third Party Materials; Links. Certain Climate Advocacy Lab functionality may make available access to materials made available by third parties, including Feedback (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any views or opinions expressed therein or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by the Administrator with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Climate Advocacy Lab at any time. In addition, the availability of any Third Party Materials through the Climate Advocacy Lab does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
7. DISCLAIMER OF WARRANTIES. THE CLIMATE ADVOCACY LAB AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CLIMATE ADVOCACY LAB AND ANY THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE ADMINISTRATOR AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “ADMINISTRATOR AFFILIATES”).
While we try to maintain the timeliness, integrity and security of the Climate Advocacy Lab, we do not guarantee that the Climate Advocacy Lab is or will remain updated, complete, correct or secure, or that access to the Climate Advocacy Lab will be uninterrupted. The Climate Advocacy Lab may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Climate Advocacy Lab.
8. LIMITATION OF LIABILITY. THE ADMINISTRATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF FEEDBACK (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY FEEDBACK), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE ADMINISTRATOR WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CLIMATE ADVOCACY LAB OR FROM ANY THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CLIMATE ADVOCACY LAB OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE CLIMATE ADVOCACY LAB. THE MAXIMUM AGGREGATE LIABILITY OF THE ADMINISTRATOR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE ADMINISTRATOR TO USE THE CLIMATE ADVOCACY LAB, OR $10, WHICHEVER IS GREATER. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE ADMINISTRATOR AND THE ADMINISTRATOR AFFILIATES.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
9. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Administrator and the Administrator Affiliates from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Climate Advocacy Lab (including all Feedback); and (b) any violation or alleged violation of this Agreement by you.
10. Termination; Governing Law; Jurisdiction. This Agreement is effective until terminated. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in the City and County of San Francisco, State of California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
11. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that the Administrator does not endorse any of the products or services listed on such sites.
12. Copyright Infringement Claims. 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 available on the Climate Advocacy Lab infringe your copyright, you (or your agent) may send to the Administrator a written notice by mail, e-mail or fax, requesting that the Administrator remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to the Administrator a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Secretary, Skoll Global Threats Fund, as follows: by mail to 250 University Avenue Suite 200, Palo Alto CA 94301; by e-mail to firstname.lastname@example.org; or by fax to (650) 331-1033. The Secretary’s phone number is (650) 331- 1031. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
13. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
14. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Administrator. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and the Administrator relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Administrator relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Climate Advocacy Lab or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Administrator will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
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