Terms

Terms and Conditions

Last updated: April 15, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions", “Terms of Use”) before using the beforetheflood.com website (the “website”, “site”, "services") operated by One Earth, an initiative of the Leonardo DiCaprio Foundation ("us", "we", or "our", “sponsoring organization”), a not-for-profit organization incorporated as the Leonardo DiCaprio Foundation in Los Angeles, CA, United States.

By accessing this website or submitting any forms on this site, the User (“you”, “your”) agree to our Terms of Use and Privacy Policy and consent to the collection and use of any information you provide. If you don’t agree to this Privacy Policy or our Terms of Use, please do not access or use our services.

We may update these policies from time to time, and if we make any significant changes to the rules that govern this site or the way we treat your personal information, we will add a prominent notice to the website. Your continued use of the site following the posting of changes to the Terms will mean that you accept and agree to the changes. We encourage you to visit this page regularly to review it.

Member Accounts
There are sections of the website where you may be able to provide or update personal information, subscribe to email newsletters, donate, and contribute content. To access some of these tools, we may ask you to provide certain registration details or other information including user account name and password to create a member account. It is a condition of your use of the site that all the information you provide is correct, current, and complete, and you keep your password and account access secure.

In order to ensure we can protect the community, the website and other users, we have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time and for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Communications
You may be invited to subscribe to newsletters, action alerts or other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Email services are provided by third party services including MailChimp, ActionNetwork, or others (“service provider”). To utilize these services, you will be agreeing to the Terms of Use and Privacy Policy of the service provider.

User Content
The website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the content that you post on or through the service, including its legality, reliability, and appropriateness.

By posting content, you represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms of Use, and (ii) that the posting of your content on or through the service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any content you submit, post or display on or through the service and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you or any other user posts on or through the service. However, by posting content using the service you grant us and our affiliates a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, adapt, publish, transmit, display, and distribute your content using any existing or future developed distribution methods or media. You agree that this license includes the right for us to make your content available to other users of the service, who may also use your content subject to these Terms.

We have the right, but not the obligation, to monitor and edit all content provided by users. We may remove any content at any time for any reason. User-created content is solely the opinion and the responsibility of the person or entity who submitted the content, which does not necessarily reflect the opinions of the sponsoring organization. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this website and you agree to bear full responsibility for the content you post to the site. 

Prohibited Uses
You may use this website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this site:

  • In any way that violates any applicable national, regional, federal, state, local, and international law or regulation;
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  • To impersonate or attempt to impersonate an employee of the sponsoring organization, another user, or person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing), or to register to use the site on behalf of any group or entity;
  • To harvest or collect email addresses or other personally identifiable information of users from this site by electronic or other means for any purpose;
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this site, or which, as determined by us, may harm users of the site or expose them to liability;
  • For any commercial purpose or personal gain.

Additionally, you agree not to:

  • Use this website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this website, including their ability to engage in real time activities through the      site.
  • Use any robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on this site.
  • Use any manual process to monitor or copy any of the material on this website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of this website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which the this is stored, or any server, computer or database connected to this website.
  • Attack this website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of this website.

If we believe a user has violated the prohibited uses of the website, we may terminate access to all or part of this website for violation of the Terms, and we may also take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of this website.

If you believe that content displayed on the website violates your copyright, you may notify us of your suspected copyright infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law do that we can respond accordingly. Please contact us at [email protected] for notices of copyright infringement claims.

Children’s Privacy
We are concerned with protecting the privacy of children and follow rules and best practices set forward in U.S. Children’s Online Privacy Protection Act (COPPA) and related applicable international regulations. You can review these regulations on U.S. Federal Trade Commission website. If you are aged 12 or under‚ please provide us with verifiable parental consent before providing personal information.

If you believe that our Service has information from or about anyone at or under 12 years of age, or from anyone at or under 16 years of age in applicable jurisdictions, please notify us at [email protected]

Links to other Sites
Our service may contain links to third party web sites or services that are not owned or controlled by the sponsoring organization. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. 

Intellectual Property
The website and its original content, logos, features and functionality are and will remain the exclusive property of the sponsoring organization and its affiliates, unless otherwise stipulated. The website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, logos and trade dress may not be used in connection with any product or service without our prior written consent.

Termination
We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless the sponsoring organization, its affiliates, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the service, by you or any person using your account and password; (b) a breach of these Terms, or (c) content posted on the Service.

Limitation of Liability
In no event shall the sponsoring organization, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the website is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The sponsoring organization, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website and replace any prior agreements we might have had between us.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.

Contact Us
Please send any questions or comments, or report any Terms of Use violations, to [email protected]