MyClimateChange Term Of Use

MyClimateChange.net Terms of Use Agreement

Home

October 11, 2007

MyClimateChange.net is a social networking service that allows Members to create unique personal profiles online in order to find and communicate about climate change, global worming effects and products or actions to fight it. The services offered by MyClimateChange.net ("MyClimateChange.net" or "we") include the MyClimateChange.net website (the " MyClimateChange Website"), the MyClimateChange.net Internet messaging service, and any other features, content, or applications offered from time to time by MyClimateChange.net in connection with the MyClimateChange Website (collectively, the "MyClimateChange Services"). The MyClimateChange Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyClimateChange Services. By using the MyClimateChange Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyClimateChange Website) or you are a "Member" (which means that you have registered with MyClimateChange.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the MyClimateChange Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyClimateChange Website and discontinue use of the MyClimateChange Services immediately. If you wish to become a Member, communicate with other Members and make use of the MyClimateChange Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes MyClimateChange.net's policy for acceptable use of the MyClimateChange Services and Content posted on the MyClimateChange Website, your rights, obligations and restrictions regarding your use of the MyClimateChange Services and MyClimateChange.net's Privacy Policy. In order to participate in certain MyClimateChange Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MyClimateChange Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: admin@MyClimateChange.net, Subject: Terms of Use Agreement.

MyClimateChange.net may modify this Agreement from time to time and such modification shall be effective upon posting by MyClimateChange.net on the MyClimateChange Website. You agree to be bound to any changes to this Agreement when you use the MyClimateChange Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on MyClimateChange.net and that you provide to other Users. Your MyClimateChange.net profile may not include the following items: user name, first name, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MyClimateChange.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyClimateChange.net assumes no responsibility or liability for this material. If you become aware of misuse of the MyClimateChange Services by any person, please contact admin@MyClimateChange.net or click on the "Report Inappropriate Content" link on any MyClimateChange.net page.

MyClimateChange.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MyClimateChange Services at any time, for any or no reason, with or without prior notice, and without liability. MyClimateChange expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MyClimateChange Services if MyClimateChange determines, in its sole discretion, that you pose a threat to MyClimateChange and/or its Users.

1. Eligibility. Use of and Membership in the MyClimateChange Services is void where prohibited. By using the MyClimateChange Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the MyClimateChange Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the MyClimateChange Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's unsubscribe page. MyClimateChange.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Fees. You acknowledge that MyClimateChange.net is actually free but MyClimateChange.net reserves the right to charge for the MyClimateChange Services and to change its fees from time to time in its discretion. If MyClimateChange.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyClimateChange.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The MyClimateChange Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MyClimateChange.net. Illegal and/or unauthorized use of the MyClimateChange Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyClimateChange Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MyClimateChange Services.

6. Proprietary Rights in Content on MyClimateChange.net.

	1. MyClimateChange.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MyClimateChange Services. After posting your Content to the MyClimateChange Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MyClimateChange Services, you hereby grant to MyClimateChange.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MyClimateChange Services. Without this license, MyClimateChange.net would be unable to provide the MyClimateChange Services. For example, without the right to modify Member Content, MyClimateChange.net would not be able to digitally compress image or music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MyClimateChange.net could not allow Users to listen to music or videos posted by Members. The license you grant to MyClimateChange.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyClimateChange.net), fully-paid and royalty-free (meaning that MyClimateChange.net is not required to pay you for the use on the MyClimateChange Services of the Content that you post), sub-licensable (so that MyClimateChange.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MyClimateChange Services), and worldwide (because the Internet and the MyClimateChange Services are global in reach). This license will terminate at the time MyClimateChange remove your Content from the MyClimateChange Services. The license does not grant MyClimateChange.net the right to sell your Content, nor does the license grant MyClimateChange.net the right to distribute your Content outside of the MyClimateChange Services.
	2. You represent and warrant that: (i) you own the Content posted by you on or through the MyClimateChange Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MyClimateChange Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MyClimateChange Services.
	3. The MyClimateChange Services contain Content of MyClimateChange.net ("MyClimateChange.net Content"). MyClimateChange.net Content is protected by copyright, trademark, patent, trade secret and other laws, and MyClimateChange.net owns and retains all rights in the MyClimateChange.net Content and the MyClimateChange Services. MyClimateChange.net hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the MyClimateChange.net Content (excluding any software code) solely for your personal use in connection with viewing the MyClimateChange Website and using the MyClimateChange Services.
	4. The MyClimateChange Services contain Content of Users and other MyClimateChange.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MyClimateChange Services.

7. Content Posted.

1. MyClimateChange.net may delete or modify any Content that in the sole judgment of MyClimateChange.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyClimateChange.net assumes no responsibility for monitoring the MyClimateChange Services for inappropriate Content or conduct. If at any time MyClimateChange.net chooses, in its sole discretion, to monitor the MyClimateChange Services, MyClimateChange.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the MyClimateChange Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyClimateChange.net does not endorse and has no control over the Content. Content is not necessarily reviewed by MyClimateChange.net prior to posting and does not necessarily reflect the opinions or policies of MyClimateChange.net. MyClimateChange.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MyClimateChange Services. MyClimateChange.net reserves the right to investigate and take appropriate legal action against anyone who, in MyClimateChange.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the MyClimateChange Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyClimateChange.net:

	1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
	2. harasses or advocates harassment of another person;
	3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
	4. solicits personal information from anyone under 18;
	5. provides any telephone numbers, street addresses, last names, URLs or email addresses;
	6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
	7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
	8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
	9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities.
	10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
	11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
	12. includes a photograph of another person that you have posted without that person's consent; or
	13. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the MyClimateChange Website and through your use of the MyClimateChange Services. MyClimateChange.net reserves the right to investigate and take appropriate legal action against anyone who, in MyClimateChange.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
	14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
	15. advertising to, or solicitation of, any Member to buy or sell any products or services through the MyClimateChange Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MyClimateChange Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyClimateChange.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyClimateChange.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MyClimateChange Services, you acknowledge that you will have caused substantial harm to MyClimateChange.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MyClimateChange.net $50 for each such unsolicited email or other unsolicited communication you send through the MyClimateChange Services;
	16. covering or obscuring the banner advertisements on any MyClimateChange.net page via HTML/CSS or any other means;
	17. interfering with, disrupting, or creating an undue burden on the MyClimateChange Services or the networks or services connected to the MyClimateChange Services;
	18. attempting to impersonate another Member or person;
	19. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
	20. selling or otherwise transferring your profile;
	21. using any information obtained from the MyClimateChange Services in order to harass, abuse, or harm another person;
	22. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MyClimateChange Services on behalf of that person, such as placing commercial content on your comments, profile information and comments, posting articles or comments with a commercial purpose., selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
	23. using the MyClimateChange Services in a manner inconsistent with any and all applicable laws and regulations.

9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MyClimateChange.net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MyClimateChange.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the MyClimateChange Services in a way that constitutes copyright infringement, please provide MyClimateChange.net with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MyClimateChange Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MyClimateChange.net can be reached via email: admin@MyClimateChange.net.

10. Member Disputes. You are solely responsible for your interactions with other MyClimateChange.net Members. MyClimateChange.net reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy. Use of the MyClimateChange Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. MyClimateChange.net is not responsible for any incorrect or inaccurate Content posted on the MyClimateChange Website or in connection with the MyClimateChange Services, whether caused by Users of the MyClimateChange Services or by any of the equipment or programming associated with or utilized in the MyClimateChange Services. Articles created and posted by Members on the MyClimateChange Website may contain links to other websites. MyClimateChange.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MyClimateChange.net. Inclusion of any linked website on the MyClimateChange Services does not imply approval or endorsement of the linked website by MyClimateChange.net. When you access these third-party sites, you do so at your own risk. MyClimateChange.net takes no responsibility for third party advertisements which are posted on this MyClimateChange Website or through the MyClimateChange Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyClimateChange.net is not responsible for the conduct, whether online or offline, of any User of the MyClimateChange Services. MyClimateChange.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MyClimateChange.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MyClimateChange Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MyClimateChange Services. Under no circumstances shall MyClimateChange.net be responsible for any loss or damage, including personal injury or death, resulting from use of the MyClimateChange Services, attendance at a MyClimateChange.net event, from any Content posted on or through the MyClimateChange Services, or from the conduct of any Users of the MyClimateChange Services, whether online or offline. The MyClimateChange Services are provided "AS-IS" and as available and MyClimateChange.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyClimateChange.net cannot guarantee and does not promise any specific results from use of the MyClimateChange Services.

13. Limitation on Liability. IN NO EVENT SHALL MYCLIMATECHANGE.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYCLIMATECHANGE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYCLIMATECHANGE.NET'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYCLIMATECHANGE.NET FOR THE MYCLIMATECHANGE SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the MyClimateChange Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the MyClimateChange Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. If there is any dispute about or involving the MyClimateChange Services, you agree that the dispute shall be governed by the laws of the State of Maryland, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Maryland, City of Baltimore. Either MyClimateChange.net or you may demand that any dispute between MyClimateChange.net and you about or involving the MyClimateChange Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Baltimore, Maryland, USA, provided that the foregoing shall not prevent MyClimateChange.net from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold MyClimateChange.net, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MyClimateChange Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MyClimateChange Website or through the MyClimateChange Services causes MyClimateChange.net to be liable to another.

17. Other. This Agreement is accepted upon your use of the MyClimateChange Website or any of the MyClimateChange Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyClimateChange.net regarding the use of the MyClimateChange Services. The failure of MyClimateChange.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: admin@MyClimateChange.net with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.