Terms and Conditions
Effective as of November 30, 2018
1. Description of Service
General Description. The Goes Foundation Service is a community platform for igniting public support for the oceans and The GOES Foundation is taking urgent action to lead the essential sea change needed to restore plankton levels and it is this action that can address ocean acidification and global warming.
The Service is for informational purposes only. The Goes Foundation is not responsible for any errors or omissions in the Service.
2. Conditions of Use; Your Conduct
You agree to use the Service responsibly, for legal purposes only, and solely for its intended purposes. In particular:
- You acknowledge that the Service is for personal use only; you agree that you will not use the Service for any commercial purpose.
- You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
- You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
- You will not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You will not transmit any worms or viruses or any code of a destructive nature.
- You will not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology (or any similar or equivalent manual process) to access, acquire, copy, or monitor any portion of the Service – or in any way reproduce or circumvent the navigational structure or presentation of the Service – to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service.
- You will not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property laws).
3. Intellectual Property
Certain features of the Service may allow you to contribute comments, feedback, information, or other content for access, use, viewing, and commentary by The Goes Foundation and by other users to the Service (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by The Goes Foundation and all other persons and entities will not (i) infringe the intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) constitute disclosure of confidential information owned by any third party. Upon your submission of User Content or other material or information to The Goes Foundation, you grant The Goes Foundation a fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any additional compensation to you whatsoever.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Goes Foundation Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Mission Blue Content, contained on the Service is owned, controlled, or licensed by or to The Goes Foundation, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no Goes Foundation Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed (including by means of a digital audio transmission), encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without The Goes Foundation’s express prior written consent. For avoidance of doubt, social networking tools embedded in the Service that expressly allow users of our Service to share Goes Foundation Content via Facebook, Twitter, or the like, constitute The Goes Foundation’s consent to such sharing.
If you believe that The Goes Foundation, or any user of the Service, has violated your intellectual property rights – including by posting your copyrighted content to the Service – please contact us.
4. Changes to this Agreement; Termination
From time to time, The Goes Foundation may change or amend these terms. If we make a material change to this Agreement, we’ll notify you, either through a prominent notice at our website, in an email message, or through other reasonable means. Your use the Service after the date such change becomes effective shall constitute your consent to the changed terms. As long as you comply with all the terms of this Agreement, Mission Blue grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
You agree that The Goes Foundation may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service, or for any other reason. Please note that it is Mission Blue’s policy to terminate the account of users who repeatedly violate the intellectual property rights of third parties.
If The Goes Foundation takes any legal action against you as a result of your violation of this Agreement, Mission Blue will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Goes Foundation. You agree that The Goes Foundation will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement or other agreements or guidelines that may be associated with your use of the Service, or for any other reason.
5. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GOES FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (IF ANY) (COLLECTIVELY, THE “GOES FOUNDATION AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE GOES FOUNDATION AND THE GOES FOUNDATION AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (iv) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (v) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MISSION BLUE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GOES FOUNDATION AND THE GOES FOUNDATION AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (i) ANY CHANGES THAT THE GOES FOUNDATION MAY MAKE TO THE SERVICE; (ii) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; OR (iii) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE GOES FOUNDATION AND THE GOES FOUNDATION AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM TE FOREGOING RESTS ENTIRELY WITH YOU.
7. Exclusions and Limitations
Some jurisdictions do not permit the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, the liability of The Goes Foundation and the Goes Foundation Affiliates will be limited only to the maximum extent permitted by law.
You agree to indemnify, defend, and hold The Goes Foundation and the Goes Foundation Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by The Goes Foundation and/or the Goes Foundation Affiliates in connection with any claim arising out of your breach of the Agreement or use of the Service. The Goes Foundation reserves the right, but does not have the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. General Terms
Entire Agreement. This Agreement is the whole legal agreement between you and The Goes Foundation. It governs your use of the Service and completely replaces any prior agreements between you and The Goes Foundation with respect to the Service.
Links to Other Sites. The Service may contain links to other independent third-party websites (“Linked Sites”). For example, the Service may contain links to Facebook or Twitter. Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under The Goes Foundation’s control, and The Goes Foundation is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.
Statute of Limitations. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. The Goes Foundation’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by The Goes Foundation of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between The Goes Foundation and you or any other party be deemed to modify any provision of this Agreement. The Goes Foundation may assign or delegate its rights and obligations under this Agreement, fully or partially.