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KEY CONSERVATION | EMPOWERING HOPE

© 2019 KEY CONSERVATION 

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

 

BY ACCESSING OR USING OUR SITE / APPLICATION (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITE / APPLICATION.

 

These Terms of Service (“Terms”) apply when you access or use the website, https://www.keyconservation.org/ (the “Site”) or the associated mobile / tablet application (the “Application”) available here (“ Key Conservation” “We,” “Us” or “our”), and the services, information, calls to volunteer, content and materials made available via the Site / Application (collectively, the “Activities”). These Terms supersede until explicitly provided otherwise, the terms or conditions of any other agreement you may have with.

 

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through newsletters or when you engage with any of the Activities, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Site / Application or engagement with any of the Activities in any other manner following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Site, Application or engaging with the Activities in any way whatsoever.

 

All questions or comments about these terms as well as associated queries should be directed to contact@keyconservation.org

 

  1. Privacy Policy

 

Please refer to our Privacy Policy for information about how Key Conservation collects, uses and discloses information about you.

 

2.   Eligibility

 

The information, calls to action, invite to volunteer, invite to sign up for marketing materials and newsletters are not targeted towards, nor intended for use by, anyone under the age of 18. By engaging with the Activities, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from engaging with the Activities; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.

 

3.   Account and Information

 

In order to access and engage with the Activities, you will be required to register for an account. If you create an account via our Site/ Application, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account because of your actions or omissions, and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or any of the Activities through the Site / Application

 

4.   Copyright and Limited License

 

Unless otherwise indicated, the Activities, including all content, video and other materials on or made available via the Site / Application, are the proprietary responsibility of Key Conservation and its licensors and are protected by the U.S. and international copyright laws.  Any use, copying, redistribution and/or publication of any part of the Activities, including anything gained or learned via engagement with the Site / Application, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited.

 

In addition, the look and feel of the Site / Application, including all page headers, custom graphics, button icons, and scripts, is the proprietary property of Key Conservation and may not be copied, imitated or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video and other materials on or made available via the Site / Application, and we reserve all rights not expressly granted in these Terms.

 

You are granted a limited, non-transferable, non-exclusive, revocable right to access engage with the Activities solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to:

 

(a) resell, lease, rent or sublicense any content that is the proprietary property of Key Conservation or any access to the Activities or any content, video and other materials on or made available via the Site / Application;

 

(b) copy, distribute, publicly perform or publicly display anything derived from, or bearing the distinguishing mark of Key Conservation or any content, video and other materials on or made available via the Site / Application;

 

(c) modify or otherwise make any derivative uses of anything accessed, gained or obtained from the Site / Application, including any content, video and other materials on or made available via the Site / Application;

 

(d) download (other than page caching) any content, video and other materials on or made available via the Site / Application, except as expressly permitted by a separate agreement with key Conservation; or

 

(e) use the Activities, or any content, video and other materials on or made available via the Site / Application other than for their intended purposes.  Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

5.   Trademarks

 

The logos of Key Conservation, the look and feel of the Site / Application, and any other service name, logo or slogan contained in the Site / Application are unique to Key Conservation and may not be re-used.

 

Similarly there may be service marks and/or trademarks of our partners, including but not limited to Conservation X Labs and Conservation Optimism (University of Oxford), suppliers or licensors that may not be copied, imitated or used, in whole or in part, without the prior written authorization of  Key Conservation or the applicable trademark holder.  

 

Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by Key Conservation.

 

6.   Confidential / Non-Disclosure

 

a.   You acknowledge that certain materials on or made available via the Site / Application or your engagement with Any of the Activities constitute the Confidential Information of Key Conservation.  “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating to our work.

b.   Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information.

c.   The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party who in turn are legally authorized to hold and disburse said information. The duties and requirements under this section shall survive the termination of this Agreement.

d.   You hereby agree that any unauthorized disclosure of Key Conservation’s Confidential Information may cause immediate and irreparable injury to Key Conservation and that, in the event of such breach, Key Conservation will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

 

7.   User Content

 

The Activities may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users may create, post, transmit or store any content on the Site / Application, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas and that you use the Interactive Areas at your own risk.

 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Activities any User Content that:

 

a.   is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

b.   would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

c.   displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Key Conservation or any user;

d.   may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;

e.   makes false or misleading statements, claims or depictions about a person, company, product or service;

f.   does not clearly and prominently disclose any material connections you may have to any other company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of  any other company or such third-party brand or seller);

g.   may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

h.   impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

i.   contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and

j.   in the sole judgment of Key Conservation, restricts or inhibits any other person from using or enjoying the Site / Application or which may expose Key Conservation or its users to any harm or liability of any type.

 

Key Conservation takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is the Key Conservation liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in any of the Interactive Areas. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the  Activities and other content on the Site / Application will not contain any content that is prohibited by these Terms.

 

Although Key Conservation has no obligation to screen, edit or monitor any of the User Content posted on the Site / Application, Key Conservation reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site / Application at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site / Application at your sole cost and expense.
 

8.   Your Obligations

 

You agree that you will not use the Site/ Application in violation of any law, contract or intellectual property or another third party right. You further agree not to:

 

i.   use the Site / Application in any manner that could damage, disable, overburden or impair the Activities;

ii.   Share any content defined as User Content that is not generated by yourself.

iii.   send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site / Application for the purposes of sending commercial emails;

iv.   use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site / Application or to extract data;

v.   introduce to the Site / Application any virus, trojan worms, logic bombs or other harmful material;

vi.   circumvent measures employed to prevent or limit access to any area, content or feature of the Site / Application as well as any of the Activities;

vii.   use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Key Conservation;

viii.   engage in any harassing, intimidating, predatory or stalking conduct;

ix.   develop any third-party applications that interact with User Content and the Activities;

 

9.   Third Party Content

 

Key Conservation may provide third-party content on the Site / Application, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). Key Conservation does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Key Conservation is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content, identifiable as such.

 

Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Site/Application does not imply affiliation, endorsement or adoption by Key Conservation of any Third-Party Content or any information contained therein.

 

Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Site/Application as well as stop engaging with our Activities, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site/Application.

 

10.   Indemnification

 

You agree to defend, indemnify and hold harmless Key Conservation, our partners whether mentioned on the Site / Application or not, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site/Application, (b) your breach of any of these Terms, or (d) your violation of the rights of any third party.

 

11. Limitation of Liability

 

To the fullest extent permitted by applicable law:

 

  1. In no event shall Key Conservation, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort, (including as a result of any of the Parties’ negligence) or otherwise arising out of or in any way connected with these terms or the use of or inability to use the Site / Application;

  2. In no event shall the aggregate liability of the parties, whether in contract, warrant, tort, (including as a result of the Parties’ negligence), product liability, strict liability, or other theory, arising out of or relating to these terms or the use of or inability to engage with the Activities exceed any compensation you pay, if any,  to Key Conservation for access to or use of the Site / Application.

  3. You acknowledge and agree that Key Conservation offers these Activities without any additional promises, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth in these terms, and these form an essential basis of the relationship between you and Key Conservation.

 

12.   No Third Party Beneficiaries

 

These Terms are for the benefit of and will be enforceable by Key Conservation and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

 

13.   Modification of the Site / Application

 

Key Conservation reserves the right to modify or discontinue, temporarily or permanently, the  Site / Application, as well as any and all of the Activities or any features or portions thereof without prior notice. You agree that Key Conservation will not be liable for any modification, suspension or discontinuance of the Site / Application, as well as any and all of the Activities or any part thereof.

 

14.   Governing Law and Forum

 

Any dispute between the parties or claim relating in any way to your use of the Site/ Application or engaging with any of the Activities distributed or provided by Key Conservation will be resolved by binding arbitration, rather than in court, subject to the parties mutual consent to allow the dispute to go to Court.

 

To the extent that the applicable local laws may not allow for a certain subject to be dealt with by arbitration,  regarding the subject matter of these Terms, it will be governed by the laws of the State of California in the United States of America and applicable limitations as well as rights, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

 

In the above mentioned scenario You and Key Conservation agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the courts of the State of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

 

15.   Termination

 

Key Conservation reserves the right, without advance notice and in its sole discretion, to terminate your license to use the Site / Application and to block or prevent your future access to and use of the Site / Application.

 

16.   Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.