Terms of Use

Last updated August 31, 2020.

1. YOUR ACCEPTANCE

By using and/or visiting the Climate Reality Action Fund website, social media pages and other branded digital properties owned and operated by the Climate Reality Action Fund (“CRAF,” “we,” “our,” or “us”) (collectively, including all content and functionality available through the http://climaterealityactionfund.org domain name, the “Services”), you signify your agreement to (1) these terms and conditions (the “Terms of Use”), and (2) the Privacy Policy, found at http://climaterealityactionfund.org/privacy.php. and incorporated here by reference (“Privacy Policy”). If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use the Services.

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version on the Services. We may, in our sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. THE CLIMATE REALITY ACTION FUND SERVICES

These Terms of Use apply to all users of the Services, including users who are contributors of video content, information, and other materials or services on the Services. The Services are owned by CRAF. The Services may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit. We have the right but not the obligation to block links from or to the Services at any time.

3. GENERAL USE OF THE SERVICES—PERMISSIONS AND RESTRICTIONS

CRAF hereby grants you permission to access and use the Services as set forth in these Terms of Use, provided that:

  • You agree not to distribute in any medium any part of the Services, including but not limited to User Submissions (defined below), without our prior written authorization.
  • You agree not to alter or modify any part of the Services.
  • You agree not to access User Submissions (defined below) or Content (defined below) through any technology or means other than through the Services itself, or other explicitly authorized means we may designate.
  • You agree not to use the Services for any commercial or non-commercial use without the prior written authorization of CRAF.
  • In your use of the Services, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and foreign laws and regulations. We reserve the right to discontinue any features of the Services at any time and to suspend or terminate your access to the Services at any time, each without any liability to CRAF.

You agree that we may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by replying STOP to the text messages you receive from us. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. We do not charge for sending text messages, but your carrier may charge you.

4. YOUR USE OF CONTENT ON THE SERVICES

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Services:

  • The content on the Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CRAF, subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CRAF reserves all rights not expressly granted in and to the Services and the Content.
  • User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Services. User Submissions are made available AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Services or otherwise as prohibited under these Terms of Use.
  • You may access Content, User Submissions, and other content only as permitted under these Terms of Use. We reserve all rights not expressly granted in and to the Content and the Services.
  • You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions for any commercial purposes.
  • You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
  • You understand that when using the Services, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CRAF with respect thereto, and agree to indemnify and hold CRAF, its directors, officers, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
    • 5. YOUR USER SUBMISSIONS AND CONDUCT

      As a user you may submit photos, video, comments, and other materials or content collectively referred to as “User Submissions.” You understand that we reserve the right to remove User Submissions at any time, and whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.

      You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Use. You affirm, represent and warrant that the User Submissions, and our use thereof in the manner contemplated herein (i) will not violate any local, state, national or foreign law, (ii) will not violate or breach the rights of any third-party including any defamation or right of privacy or publicity, any contractual right (including any confidentiality obligations) or proprietary right, including any patent, trademark, copyright or trade secret rights, and (iii) will not violate any confidentiality obligation of any person or entity.

      For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant CRAF and its designees a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Services and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use such User Submissions as permitted through the functionality of the Services and under these Terms of Use. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submission from the Services. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.

      In connection with your User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.

      You further agree that you will not, in connection with User Submissions, submit material that is contrary to the following guidelines, which may be updated from time to time, or contrary to applicable local, national, and foreign laws and regulations:

      • You will not post videos or comments that include pornographic or sexually explicit content.
      • You will not post videos or comments that include showing graphic or gratuitous violence or intended to incite violence.
      • You will only upload videos or comments that you made or that you are authorized to use. This means you will not upload videos or comments you didn’t make, or use content in your videos or comments that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
      • You will not post videos or comments that include hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity).
      • You will not post videos or comments intended to solicit business or promote any products for use or sale.
      • You will not post videos or comments that contain private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
      • You will not post videos or comments that contain viruses, corrupted data or other harmful, disruptive or destructive files.

      CRAF does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Although the CRAF has no obligation to do so, we reserve the right in our sole discretion to remove Content and User Submissions without prior notice.

      6. CLAIMS OF COPYRIGHT INFRINGEMENT

      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 United States copyright law. If you believe in good faith that materials hosted by us 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 Services should be sent: if by mail to:

      Attn: General Counsel
      Climate Reality Action Fund
      555 11th St. NW, Suite 601
      Washington, DC 20004

      if by e-mail to:
      info@climaterealityactionfund.org

      7. WARRANTY DISCLAIMER

      YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES’S CONTENT OR THE CONTENT OF ANY SERVICESS LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

      8. LIMITATION OF LIABILITY

      IN NO EVENT SHALL CRAF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

      9. INDEMNITY

      You agree to defend, indemnify and hold harmless CRAF, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

      10. ABILITY TO ACCEPT TERMS OF USE

      You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

      11. ASSIGNMENT

      These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

      12. GENERAL

      You agree that: (i) the Services shall be deemed solely based in the District of Columbia; and (ii) the Services shall be deemed passive in that they do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the District of Columbia. These Terms of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia.

      These Terms of Use, together with the Privacy Policy at http://climaterealityactionfund.org/privacy.php and any other legal notices published by use on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.