TERMS AND CONDITIONS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to ImagineH20.org, a website provided to you by Imagine H20, Inc. (“Imagine H20”). These Terms and Conditions of Service (“Terms and Conditions”) govern your use of this website and the services provided therein (the “Services”). You should carefully read these Terms and Conditions before using the website or the Services. By using the website or the Services, you agree to be bound by our Terms and Conditions. If you do not agree with the Terms and Conditions, you should not use the website or the Services.
We may change these Terms and Conditions from time to time. These Terms and Conditions were last updated on March 15, 2009.
2. USE OF MATERIALS AND SERVICES ON THIS WEBSITE
Imagine H20 maintains this website for your personal information, education and communication. All materials on our website, including but not limited to artwork, photographs, graphics, text and trademarks, are the sole property of Imagine H20 or its licensors. The materials on this website are protected by U.S. and international laws of copyright, trademark and unfair competition.
Unless particular materials are specifically restricted as noted on the applicable web page, it is Imagine H20’s policy to allow limited reproduction and distribution of the materials posted on our website. You may copy and distribute content from this website provided that:
(A) the section or web page is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notices;
(B) all copies include a statement that the material was reproduced from ImagineH20.org with permission of Imagine H20, Inc.;
(C) the copies are distributed only for the non-commercial purposes consistent with the mission statement of Imagine H20; and
(D) the copies are distributed at no charge, or at most, at actual cost.
For so long as you comply with all of the preceding conditions, Imagine H20 grants you a non-exclusive, non-transferable license to use, copy and distribute the materials on the website.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of our website without prior written authorization from Imagine H20. To request such permission, contact email@example.com. In no event may Imagine H20 trademarks, graphics, artwork or other visual elements be reproduced separately from the textual content associated with them on the website.
3. PRIVACY, SECURITY and use of Personal InformatioN
In general, when you visit our website you remain anonymous, but on some pages and in conjunction with some of the Services we provide, you may need to provide personally identifiable information (“Personal Information”) to register, contact us, conduct other transactions or use our Services. The types of Personal Information collected on our website may include any or all of the following, depending on your activities: Name, company, occupation, identification number, address, e-mail address, phone number, fax number and other Personal Information that you actively provide to us via the website.
We may also enable you to submit personally identifiable information about other people. For example, we may request that you provide us with such information about friends who may be interested in hearing about Imagine H20. The following types of personally identifiable information may be collected about people at these pages include: name and contact information (including email address).
We use and disclose Personal Information to provide certain Services and to provide to you information about our organization or other issues of interest.
WE WILL NOT SELL ANY PERSONAL INFORMATION THAT YOU PROVIDE THROUGH THE WEBSITE WITHOUT YOUR PRIOR CONSENT. We may use Personal Information that you provide to update you on our activities or to let you know about new projects that we believe may be of interest to you. If you do not want to receive this information in the future, please contact us at firstname.lastname@example.org.
From time to time, we may share certain Personal Information with other entities with which we have partnered or with which we have a relationship to enable them to share information that may be of interest to you. If you do not want us to share Personal Information with these entities, please contact us at email@example.com and we will take reasonable measures to avoid sharing such information in the future. Please note that these other parties are more likely than not independent from Imagine H20, and if you wish to stop all communications from such parties, you will need to address such issues with them directly. We may share Personal Information with our consultants, partners or service providers who help us operate more efficiently and serve our stakeholders better.
We may disclose Personal Information in response to legal process or when we believe in good faith that the law requires it, for example, in response to a court order, subpoena or a law enforcement agency’s request. We also reserve the right to disclose Personal Information to protect the security of our website and to protect our partners and ourselves against liability.
Please note that your providing of Personal Information to us does not mean that we will provide any Service to you or you will be eligible to participate in the Services we provide.
Imagine H20 strives to protect the information visitors submit, but no transmission of data is completely secure. Imagine H20 will not be liable under any circumstances for damages resulting from use of information collected from you or any other visitors to the website. Electronic mail is not necessarily secure and you are cautioned that any messages you send to us by email are outside this website and our control. Please do not send sensitive, confidential information to us by email.
You understand that the Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Services. You hereby agree to release Imagine H20 from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the website or the Services. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
INFORMATION PROVIDED THROUGH THIS WEBSITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE WEBSITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SERVICES, ARE YOUR SOLE RESPONSIBILITY.
5. DISCLAIMER OF WARRANTIES
THE USE OF OUR WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMAGINE H20 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IMAGINE H20 MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO CEASE TO USE THE WEBSITE OR SERVICES.
6. EXCLUSIONS AND LIMITATION OF LIABILITY
You agree that Imagine H20 shall have no liability for the deletion or failure to store or display any messages and other communications or other content submitted for posting, maintained on the website or transmitted using the website or Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGINE H20 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF IMAGINE H20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) YOUR RELIANCE ON ANY OF THE SERVICES; (iv) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, (v) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR SERVICES.
7. CONDUCT ON THE WEBSITE
You are responsible for all content that you transmit using the website or Services. Likewise, you are responsible for respecting Imagine H20's and third parties' rights with respect to content that appears on the website and not to download, email or otherwise transmit such content in violation of Imagine H20’s and third parties' rights. You agree not to use the website or Services to:
(A) Transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person or entity.
(B) Impersonate another person or entity, including without limitation, a representative of Imagine H20 or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or manipulate identifiers that would disguise the origin of any content transmitted through the website or Services.
(C) Use the website or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
(D) Directly or indirectly, intentionally disrupt or interfere with the website or Services in any manner that may materially adversely affect Imagine H20 or any third party.
(E) Transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
(F) Submit, upload, post, email or otherwise transmit without authorization any material that contains Personal Information concerning any third party person.
(G) Use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the website or to break into any of its servers.
8. NO RESALE OF SERVICES
You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the website or Services to provide any commercial services to third parties.
9. OWNERSHIP OF CONTENT
You understand and agree that your use of the website and Services entitles Imagine H20 to use, monitor and preserve copies of all information and content and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of the Terms and Conditions, assistance in responding to claims that content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of Imagine H20 or any other person or entity.
The website or the Services may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Imagine H20 with respect to the provider of such linked website or the quality, reliability or any other characteristic or feature of such linked website and that Imagine H20 is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked website. In addition, you should be aware that your use of any linked website is subject to the terms and conditions and privacy policies applicable to that website. IMAGINE H20 MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE. YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK.
We generally do not object to links made from third party sites to our website. Links to our website should use our legal name but not any of our trademarks. Without our consent, links may not be presented in any way that suggests we have a relationship or affiliation with a third party's website or that we endorse, sponsor, or recommend the third party website, any content contained in the website or any goods or services offered through the third party website. You may not link to this website if we notify you in writing to remove links to this website.
You agree to hold harmless and indemnify Imagine H20 and its affiliates, officers, directors and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the website or Services including, without limitation (a) any content provided by you and (b) any use of the website or Services that violates applicable law or the Terms and Conditions.
12. JURISDICTIONS AND VENUE
These Terms and Conditions and your use of this website and the Services will be governed by the laws of the State of New York, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Imagine H20 will rest exclusively in the any court sitting in the Borough of Manhattan in the city and state of New York and the federal court for the Southern District of New York.
13. NOTICE OF CHANGES
Imagine H20 may change the Terms and Conditions as necessary. If such a change is made, we will post the revised Terms and Conditions on the website. Imagine H20 reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. You understand and agree that we may from time to time establish and revise practices and limitations concerning your use of the website and Services.
The Terms and Conditions constitute the entire agreement between you and Imagine H20, and it governs your use of the website and Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the website or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Imagine H20 to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition.