Terms of Use

Your Agreement

Thanks for visiting our website. We want to let you know that use of this website and other associated services and offerings, including, without limitation, mobile and tablet applications (together, the "Service"), which are owned and operated by Blue Planet Network ("BPN"), a Division of Thrive Networks, a nonprofit organization dedicated to helping the world’s most disadvantaged people move from survival to potential, is subject to your compliance with some basic terms and provisions, as described in these Terms of Use ("Terms"). BY ACCESSING AND USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. UNLESS WE STATE OTHERWISE, ANY NEW FEATURES OR SERVICES ADDED TO THE SERVICE SHALL ALSO BE PROVIDED TO YOU UNDER THESE TERMS.

Eligibility

If you are under the age of thirteen, please ask a parent or guardian to read and accept these Terms on your behalf prior to using the Service. You represent that you meet the eligibility requirements in this section. If you are using the Service or opening an account on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity or organization with the authority to bind it to these Terms and hereby agree to be bound by these Terms both individually and on its behalf.

Registration

To the extent that you are asked to provide any information to us (such as in order to register for an account), you represent and warrant that you will provide accurate, current and complete information as prompted by us, and in the case of registration information, that you will maintain and promptly update such information to keep it accurate, current and complete. Our collection, use, and disclosure of information collected about you is subject to our Privacy Policy.

If in the course of registering on our Service, you create or are provided with a username or password, you are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security by sending an email to info@blueplanetnetwork.org.

Prohibited Uses of the Service

1. You agree not to use the Service if you don't meet the eligibility requirements described above.

2. You agree not to use the Service for any purpose or activity (or to solicit the performance of any activity) that is unlawful or prohibited by these Terms.

3. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Service. You further agree not to collect or attempt to collect personal information about users of the Service without their consent.

4. You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service.

5. You agree not to attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, or any part of them through hacking, password mining, or any other means.

6. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

7. You agree not to make unsolicited offers, advertisements, proposals or send junk mail or spam to other users of the Service.

8. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Content Owned by BPN

BPN and its licensors are the owners of the text, photographs, images, marks, data, audio, video, design, codes, and all other content that is posted on the Service (collectively the "BPN Content"). You agree not to copy, modify, create derivative works of, sell, distribute, transmit, broadcast or exploit for any commercial purposes, any portion of the BPN Service or the BPN Content (other than the User Content that you own—you are free to do as you wish with such content).

Content Submitted by You and Other Users

General. We invite users to engage with us by submitting content (such as comments, images, tags, text, data, photographs, graphics, messages or other materials) ("User Content") to certain areas of the Service. While welcoming diverse perspectives and insights, we reserve the right, but not the obligation, to delete any User Content that we deem inappropriate at our sole discretion. The following types of User Content are inappropriate and are strictly forbidden:

1. Content that infringes, violates, or misappropriates the rights of any other person or third party such as intellectual property rights, publicity rights or privacy rights.

2. Content that is threatening, defamatory, obscene, pornographic, profane, abusive, or harmful to minors.

3. Content that is false or misleading.

4. Content that contains viruses, corrupted files or other materials that may cause damage to another's computer or to the Service.

5. Advertisements, spam, or other forms of solicitation.

6. Content that is illegal or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise violates any law or regulation.

7. Content that we otherwise find inappropriate in our sole discretion.

Grant of Rights. By submitting User Content to us, you hereby grant BPN, its partners and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit your User Content in connection with the Service, in any media formats and through any media channels now known or hereafter discovered, and in connection with BPN's operations, business, marketing, and/or fundraising activities. You grant us, our partners, our affiliates and sublicensees the right to use the name and any personal information that you submit in connection with such User Content as provided for in the previous sentence. You also hereby grant to each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit such User Content as permitted by the functionality of the Service and these Terms.

Your Representations and Warranties Regarding User Content. All content, submitted by users, is the sole responsibility of the person submitting the content for use on the Service. What this means is that you, and not BPN, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available through our services (or through the Service). As to the content that you submit to the Service, you represent and warrant that you own, or have the necessary rights and permissions to use and authorize us to use, all intellectual property or other proprietary rights in and to any and all such content to enable use of it in the manner contemplated by us and these Terms, and that the content that you submit is accurate.

Disclaimer. You understand that when using the Service you will be exposed to User Content and other third party content from a variety of sources. We are under no obligation to monitor such content and assume no responsibility or liability arising from it (including, without limitation, for any error, defamatory material, omission, falsehood, obscenity, pornography, profanity or inaccuracy contained in it) or for any loss or damage incurred as a result of any reliance on it. If at any time, we choose, in our sole discretion, to monitor such content, we nonetheless assume no responsibility for it, no obligation to modify or remove it and no responsibility for the conduct of the user submitting any such content. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting content on the Service.

Digital Millennium Copyright Act

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our DMCA Notification Guidelines. We will promptly terminate without notice any access to the Service if you are determined by us in our sole discretion to be a "repeat infringer."

Termination

We may, at any time: (i) modify, suspend or terminate the operation of or your access to all or any portion of the Service for any reason; (ii) modify or change the Service for any reason; or (iii) interrupt the operation of the Service for any reason, all as we deem appropriate in our sole discretion. Your access to, and use of, the Service may be terminated by you or by us at any time and for any reason. We will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by us that is not caused by your breach of the Terms. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. Any license to User Content granted by you herein shall continue in effect subject to the terms of the applicable license.

Warranty and Indemnification; Disclaimer

Warranty and Indemnification. You represent and warrant that your use of the Service will be consistent with these Terms. You agree to indemnify, defend and hold BPN, its officers, partners, employees and affiliates harmless from all claims, causes of action, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of the Service, including those claims arising from your breach of any representations and warranties or from the User Content.

Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BPN AND ITS PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, WE MAKE NO WARRANTY THAT (I) THE SERVICE OR THE CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR IS ACCURATE; (II) USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE QUALITY OF ANY PROJECTS, EVENTS, CAMPAIGNS, PROGRAMS OR ORGANIZATIONS SPECIFIED ON THE SERVICE WILL ALIGN WITH YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BPN, ITS OFFICERS, DIRECTORS, PARTNERS AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE; OR (III) YOUR INVOLVEMENT WITH ANY PROJECTS, EVENTS, CAMPAIGNS, PROGRAMS OR ORGANIZATIONS INCLUDED ON THE SERVICE.

You May Have Additional Rights

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you and you may have additional rights or remedies.

Links; Donations

Links. The Service may contain links to third party websites. We are not responsible for any content on any linked website. We provide these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked website.

Donations. Donor information and payments are collected, processed and stored by third-party payment processing services, parties that provide payment processing and donor management services to us. Donations are non-refundable.

Modification of the Terms

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. In addition, if our modifications are material, we will attempt to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Service indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by us (in our sole discretion), such new and/or additional material terms will be marked as such and will take effect thirty (30) days after they are posted on the Service. Nevertheless: (i) no modification to the Terms will apply to any dispute between you and BPN that arose prior to the effective date of any modification; and (ii) if you do not agree with any modification to the Terms, you may terminate these Terms by ceasing use of the Service. Your continued use of the Service after new and/or revised Terms are effective indicates that you have read, understood, and agreed to them.

Miscellaneous

These Terms (including the BPN Privacy Policy) constitute the entire agreement between you and BPN and govern your use of the Service, superseding any prior version of these Terms between you and us with respect to the Service.

You and BPN each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and BPN, shall be brought exclusively in the courts located in the county of San Mateo, California or the U.S. District Court for the Northern District of California. You and BPN agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you and BPN nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign or transfer these Terms but BPN may freely assign these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact

You may contact us by emailing us at info@blueplanetnetwork.org and/or contacting us by mail at:
Blue Planet Network
1611 Telegraph Ave., Suite 1420
Oakland, CA 94612 U.S.A.