Account Creation

Welcome to Climate Culture. In order to complete registration, Users of the Site (“Users”) must indicate that they have read and agreed to the Terms of Use. Please read these Terms carefully.

By accessing or using the Climate Culture Web Site you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered User of the Climate Culture Web Site. Climate Culture, LLC (“Climate Culture”) reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice; any such change, modification, addition or deletion will be effective when it is posted on the Climate Culture Web Site.

Files Uploaded to the Site

Climate Culture Site Users may upload photos and various other files to the Site. All Users must comply with copyright and similar laws and must not infringe on the rights of others. Note, however, that Climate Culture does not monitor in any manner whether Users are complying with those laws or honoring those rights, and Climate Culture is not responsible for protecting the copyright, license or other similar rights of any User.

Users agree not to use the Climate Culture site to upload files or content that is copyrighted by parties other than the Users uploading the files or content. Climate Culture reserves the right to suspend or otherwise terminate file or content exchanges it believes infringe on rights of others under copyright law or other applicable law.

Please see the section titled “Copyright Complaints” if you believe a file has been uploaded or downloaded illegally using the Climate Culture Web Site.

By uploading files to publicly accessible areas of the Climate Culture Web Site (including Profiles), you grant Climate Culture worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive perpetual license(s) to use and publicly display such content on the Climate Culture Web Site in connection with the Climate Culture Web Site, the operation of the Climate Culture Web Site and in connection with Climate Culture’s business. This license exists only for as long as you elect to continue to include such content on the Climate Culture Web Site and will terminate at the time you remove or Climate Culture removes such content from the Climate Culture Web Site. Climate Culture does not claim any rights to a User’s files other than the right to display it in the Climate Culture Web Site and the rights set forth above.

Copyright Complaints

If you believe that any material on the Climate Culture Web Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Bruce Temkin

Full Address of Designated Agent to Which Notification Should be Sent: 100 Pearl Street 14th Floor, Hartford, Connecticut 06103, USA

E-Mail Address of Designated Agent: btemkin@brucetemkin.com

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Maintaining the Integrity of the Community

Climate Culture believes that the Climate Culture Web Site should be a positive, empowering environment that encourages earth-friendly behavior and activity among its Users.

Climate Culture reserves the right without prior notice to affected Users to remove material (including, but not limited to photos, text, files, User submissions, User profiles, and User accounts) from the Climate Culture Web Site because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of Climate Culture, to be objectionable or incompatible with these Terms of Use and/or the goals of the Climate Culture Web Site.

Users’ Agreement not to use the Climate Culture Web Site for certain purposes:

Users agree not to use the Climate Culture Web Site to upload, post, email, transmit or otherwise make available any content that Climate Culture, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation, except for the placement of Climate Culture advertisements using the Climate Culture Advertising System, the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of eco-friendly activities, events or other related content, as determined by Climate Culture, in its sole discretion; send unsolicited email advertisements to Climate Culture Web Site User email addresses; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User; or, use or attempt to use another User’s account, service or system without prior written authorization from Climate Culture, LLC, or create a false identity on the Climate Culture Web Site.

Privacy

Climate Culture takes the privacy of Climate Culture Web Site Users very seriously. Climate Culture does not share personal identifying information (including information Users enter as part of their Profiles) without prior written consent from Users. Climate Culture does not share personal User information with marketers or advertisers; however, Climate Culture may do so in the aggregate without making reference to or identifying individual Users or their contact information.

An important part of the Climate Culture Web Site is the informational profiles Users receive upon registration. Users can choose what information they would like to make public by adding it to their Profiles, and such information will be visible to other Users of the Climate Culture Web Site.

Users agree not to share, syndicate, reproduce, or otherwise disseminate the information from another User’s Profile or other information exchanged via communication facilitated by the Climate Culture Web Site without the express written consent of that User.

Users are not licensed to add other Climate Culture Web Site Users to their mail list (email or physical mail) without that other User’s express written consent. Users may not use our communication tools to send spam or otherwise send content that would violate these Terms of Use.

Climate Culture may disclose information about Climate Culture Web Site Users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Climate Culture may also disclose information about Climate Culture Web Site Users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms of Use, respond to claims that any posting or other User Submission violates the rights of third-parties, or to protect the rights, property, or personal safety of Climate Culture, its owners, officers, directors, agents, subsidiaries, joint venturers or employees, the Climate Culture Web Site, its Users or the general public.

Although Climate Culture makes good faith efforts to store information in a secure operating environment not available to the public, Climate Culture cannot guarantee complete security. Climate Culture disclaims liability for unintentional security breaches.

Membership

Registration with Climate Culture is free of charge. Paid memberships offering increased functionality may be available, but paid memberships are non-refundable and are automatically renewed on a monthly basis. The purchasers of monthly memberships are billed continually on a monthly basis unless the purchaser cancels the membership. Purchasers of yearly memberships are notified by e-mail prior to automatic renewal of the paid membership. Climate Cutlure agrees to terminate memberships upon receipt of termination notification from members/purchasers in the Settings area of the Climate Culture Web Site. Web Site membership fees already billed in the month a purchaser chooses to cancel are not refunded. Memberships are generally billed on the same day of the month on which they are purchased. If payments cannot be charged to a credit card or are otherwise incomplete for any reason, Climate Culture, in its sole discretion and without prior notice, reserves the right either to suspend or terminate access to a purchaser’s account. Climate Culture, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in particular memberships at any time, including the right to adjust storage and bandwidth limits associated with different classes of membership.

Users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the User’s account or password.

Children Under Age 13

Children under age 13 are not permitted to register for the Climate Culture Web Site. Climate Culture does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Climate Culture Web Site. If you are under 13, please do not register for the Climate Culture Web Site, send any information about yourself to Climate Culture, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Climate Culture Web Site. In the event that Climate Culture learns that it has collected personal information from a child under age 13, without verification of parental consent, Climate Culture will delete that information as quickly as possible. If you believe that Climate Culture might have any information from or about a child under 13, please contact us at info@climateculture.com.

Children Between the Ages of 13 and 18

Climate Culture recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

User Disputes

Users of the Climate Culture Web Site are solely responsible for their interactions with other Climate Culture Users, whether on or off the Climate Culture Web Site. The Climate Culture Web Site enables Users to apply terms (“Terms”) to various interactions with users, such as contests, games, groups, events and friend requests. Users of the Climate Culture Web Site are solely responsible for Terms they apply to their membership in contests, games, groups, events and friend requests on the Climate Culture Web Site. Climate Culture is not responsible for enforcing Terms or arbitrating, hearing or settling disputes over Terms that may arise between Users. Climate Culture reserves the right, but has no obligation, to monitor disputes between Users of the Climate Culture Web Site.

Proprietary Rights

All material on the Climate Culture Web Site, including, but not limited to, design, text, graphics, other files, and their selection and arrangement (the “Material”) is the sole property of Climate Culture. All rights are reserved. No Material may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Climate Culture.

All trademarks, logos, trade dress and service marks on the Climate Culture Web Site are either trademarks or registered trademarks of Climate Culture and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Climate Culture.

Contests and Other Campaigns

Climate Culture hosts or sponsors contests and other campaigns on the Climate Culture Web Site. All final decisions related to any aspect of a contest or campaign hosted or sponsored by Climate Culture on the Climate Culture Web Site rest solely with Climate Culture, LLC, as determined by its manager.

Links to Other Websites

The Climate Culture Web Site contains links to other web sites. Climate Culture has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other web sites are not investigated, monitored or checked by Climate Culture for content, accuracy or completeness. Inclusion of any linked web site on or through the Climate Culture Web Site does not imply Climate Culture’s approval or endorsement of the linked web site. If Users decide to leave the Climate Culture Web Site and access these other third-party sites, they do so at their own risk.

Disclaimers

Climate Culture is not responsible for any incorrect or inaccurate content on the Climate Culture Web Site or any other User-generated material posted on the Climate Culture Web Site or in connection with the Climate Culture Web Site, whether posted or caused by Users of the Climate Culture Web Site. Climate Culture is not responsible for the conduct, whether online or offline, of any User of the Climate Culture Web Site. The Climate Culture Web Site may be temporarily unavailable from time to time for maintenance or other reasons. Climate Culture assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. Climate Culture 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 email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Climate Culture Web Site. Under no circumstances will Climate Culture be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the Climate Culture Web Site, any User Submissions or any other User-generated material posted on or through the Climate Culture Web Site or transmitted to Users, or any interactions between Users of the Climate Culture Web Site, whether online or offline. THE CLIMATE CULTURE WEB SITE, ITS CONTENT, USER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND AND CLIMATE CULTURE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CLIMATE CULTURE CANNOT PROMISE GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE CLIMATE CULTURE WEB SITE. Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CLIMATE CULTURE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE CLIMATE CULTURE WEB SITE OR THE SERVICE, EVEN IF CLIMATE CULTURE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLIMATE CULTURE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO CLIMATE CULTURE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

USERS WILL NOT HOLD CLIMATE CULTURE RESPONSIBLE FOR OTHER USERS’ ACTIONS OR INACTIONS, INCLUDING FILES UPLOADED TO THE CLIMATE CULTURE WEB SITE. YOU ACKNOWLEDGE THAT THE CLIMATE CULTURE WEB SITE IS A VENUE TO EMPOWER ITS USERS TO LIVE MORE RESPONSIBLY IN TERMS OF THEIR IMPACT ON THE ENVIRONMENT. CLIMATE CULTURE HAS NO CONTROL OVER, DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF SERVICES ADVERTISED OR FILES EXCHANGED, THE TRUTH OR ACCURACY OF PROFILES OR OFFERS FOR SERVICES, WHETHER RELATED TO ENERGY USE OR CARBON DIOXIDE REDUCTION OR OTHERWISE.

WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE CLIMATE CULTURE WEB SITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE CLIMATE CULTURE (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

By visiting or using the Climate Culture Web Site, Users agree that the laws of the United States of America and the State of New York, without regard to conflicts of laws principles, will govern these Terms of Use and any dispute of any sort that might arise between you and Climate Culture or any of its affiliates. Any legal action or proceeding related to this Web Site (including, but not limited to, User visits to or use of the Climate Culture Web Site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York . To the extent you might have in any manner violated or threaten to violate Climate Culture or any of its affiliates’ proprietary or intellectual property rights, Climate Culture may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York.

Any claim, action or proceeding by you related in any way to the Climate Culture Web Site and/or the Service (including your visit to or use of the Web Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Climate Culture, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Climate Culture Web Site (including, but not limited, the Services, Contests or Other Campaigns, User visits to or use of the Climate Culture Web Site) in violation of these Terms of Use or your violation of any law or the rights of a third party.

Other

These Terms of Use together with any other policies of Climate Culture posted by it on the Climate Culture Web Site, constitute the entire agreement between you and Climate Culture regarding the use of the Climate Culture Web Site, superseding any prior agreements between you and Climate Culture relating to your use of the Climate Culture Web Site. The failure of Climate Culture to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. Climate Culture reserves the right to make changes to the Climate Culture Web Site, policies, and these Terms of Use at any time. Changes take effect when they are posted on the Climate Culture Web Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Climate Culture Web Site and its contents are intended to comply with the laws and regulations in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the Climate Culture Web Site is void where prohibited.

Termination of Service

You agree that Climate Culture, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate your Climate Culture Web Site account, block your email or IP address, or otherwise terminate your access to or use of the Climate Culture Web Site (or any part thereof), immediately and without notice, and remove and discard any User Submissions within the Climate Culture Web Site, for any reason, including, without limitation, if Climate Culture believes that you have acted inconsistently with these Terms of Use. Further, you agree that Climate Culture shall not be liable to you or any third-party for any of the foregoing actions or for termination of your access to the Climate Culture Web Site. Further, you agree not to attempt to use the Climate Culture Web Site after said termination.

Without limiting the foregoing, in accordance with the DMCA and other applicable law, Climate Culture has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Climate Culture, members who are deemed to be repeat infringers of intellectual property rights. Climate Culture may also, at its sole discretion and without prior notice, limit access to the Climate Culture Web Site and/or terminate the memberships of any Users who, in the judgment of Climate Culture, infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Advertising

Climate Culture makes no guarantee as to the outcome or result of advertisements placed on the Climate Culture Web Site. Although Climate Culture will always do its best to ensure that ads are placed according to the terms agreed to at the time of purchase including target audience and advertisement terms, Climate Culture may not cannot be held responsible for any expected result of placing advertisements on the Climate Culture Web Site, including but not limited to changes in product sales, web traffic, concert attendance, or collaborative interest.

Questions and Feedback

We welcome your questions and feedback. Please visit our Help page for more information, or contact us at info@climateculture.com.

Definitions of certain terms used in these Terms of Use

“Climate Culture Web Site” – The web site located at www.climateculture.com and all of its various sub-domains.

“Climate Culture, LLC” – A limited liability company organized in the State of Delaware, the owner and operator of the Climate Culture Web Site.

“Profile” – The online identify template that a Climate Culture Web Site User receives with registration and can populate with personal information according to these Terms.

“Terms” – agreements made between members using the interface provided by the Climate Culture Web Site, including, but not limited to, agreements related to contests, games, groups, events, and wagers.

“User(s)” – Individuals who visit the Climate Culture Web Site and do not register; individuals who register with the Climate Culture Web site and become free members; and, individuals who register with the Climate Culture Web Site and purchase paid memberships.

“User Submissions” – includes files uploaded by Users to the Climate Culture Web Site and files uploaded by Users to Profiles (including User photos and other media the Climate Culture Web Site may accept as part of the Profile). Climate Culture, LLC DOES NOT claim any ownership rights to User Submissions.