These Terms and Conditions of Use (“Terms”) are entered into by and between you and the Greater Good Science Center at the University of California, Berkeley (“Greater Good”). This is a contract between you and Greater Good. In consideration of your use of and access to this Internet site, and other websites, services and apps on which these Terms are posted or referenced (“Purpose Challenge Sites”), and the promises and obligations herein, and intending to be legally bound, you and Greater Good hereby agree as follows:
1. Changes in Terms
Greater Good has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Purpose Challenge Sites. Any revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Purpose Challenge Sites.
These Terms are effective until terminated by Greater Good. Greater Good may terminate these Terms without notice and at any time in connection with any of the Purpose Challenge Sites. In the event of termination, you are no longer authorized to access those Purpose Challenge Sites. The restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Greater Good shall also have the right without notice, for any reason and at any time to terminate some or all of the Purpose Challenge Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Purpose Challenge Sites or any feature or portion thereof.
3. Intended users
The Purpose Challenge Sites are not intended for or directed at users under the age of 13.
4. Use of Site
While using the Purpose Challenge Sites, you agree that you will not:
- Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Greater Good’s or any third party’s intellectual property or other rights;
- Use the services in connection with contests (other than contests Greater Good or its affiliates and partners conduct through the Purpose Challenge or affiliated sites, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). For information concerning the Purpose Challenge Contest, please see the Official Rules at https://purposechallenge.org/official-rules/;
- Create a false identity for the purpose of misleading others;
- Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
- Use the Purpose Challenge Sites for any unlawful purpose;
- Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Purpose Challenge Sites; or
- Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Purpose Challenge Sites or their contents.
5. Purpose Challenge Sites Content
The text, images, trademarks, trade names, photographs, graphics, logos, illustrations, videos, descriptions, data, and other material provided by Greater Good on or through the Purpose Challenge Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”. The Content may contain errors, omissions, or typographical errors or may be out of date. Greater Good may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Greater Good or by third parties that have licensed their use to Greater Good. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Greater Good does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Purpose Challenge Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Greater Good, is strictly prohibited.
6. User Contributions
The Purpose Challenge Sites may contain forums, bulletin boards, blogs, comment sections or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Purpose Challenge Sites. All User Contributions must comply with the Content Standards set out in these Terms.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, partners and service providers, and each of their respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any User Contributions you Post, submit, or contribute, and you, not Greater Good, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted or otherwise submitted by you or any other user of the Purpose Challenge Sites.
7. Monitoring and Enforcement; Termination
Greater Good retains the right to review User Contributions before they are posted on the Purpose Challenge Sites to ensure that the content is consistent with the purpose of the Purpose Challenge Sites. Greater Good may edit or revise the format of User Contributions. Greater Good does not edit or revise the substance of the User Contributions or verify their accuracy, reliability or legality and is not responsible, or liable to any third party, for the content or accuracy of any User Contributions.
Greater Good has the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Purpose Challenge Sites or the public or could create liability for Greater Good.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Purpose Challenge Sites.
- Terminate or suspend your access to all or part of the Purpose Challenge Sites for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Purpose Challenge Sites.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Content Standards
- These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as sweepstakes sales promotions, barter or advertising, other than participating in contests affiliated with Greater Good.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Access to, and use of, the services offered by Greater Good is limited and Greater Good may, in its sole discretion, may refuse to permit a use of the Purpose Challenge Site or limit use of the Purpose Challenge Site if Greater Good believes that the user is in breach of one or more of the terms of these Terms.
Greater Good may, in its sole discretion, assign a password and account ID to you so you can access certain areas of the Purpose Challenge Site. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Purpose Challenge Site, and Greater Good shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND GREATER GOOD, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE PURPOSE CHALLENGE SITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE PURPOSE CHALLENGE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS THAT MAY RESULT FROM SUCH ACCESS OR USE.
10. Copyright Infringement Policy
Greater Good takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Purpose Challenge Sites infringe your copyright, you may request removal of those materials from the Purpose Challenge Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Purpose Challenge Sites, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit your DMCA Notice to the address below:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Purpose Challenge Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable access to the Purpose Challenge Sites and/or terminate the accounts of users who are repeat infringers.
12. Information for Users Outside the United States
13. Disclaimer and Limitation of Liability as to the Purpose Challenge Site, Content, and Services
GREATER GOOD MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PURPOSE CHALLENGE SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. GREATER GOOD ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE PURPOSE CHALLENGE SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PURPOSE CHALLENGE SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE PURPOSE CHALLENGE SITES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE PURPOSE CHALLENGE SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL GREATER GOOD, ITS PARTNERS AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE PURPOSE CHALLENGE SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GREATER GOOD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Greater Good, Greater Good’s affiliates and partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your User Contributions, or your access to or use of the Purpose Challenge Sites. You are solely responsible for interactions with our business partners and affiliated companies and other users of Purpose Challenge Sites. To the extent permitted by applicable law, you hereby release Greater Good from any and all claims or liability related to any product or service provided through the Purpose Challenge Sites and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Purpose Challenge Sites or any product or service provided to you arising out of or relating to your use of the Purpose Challenge Sites.
15. Third-Party Content Disclaimer
Purpose Challenge Sites may contain links to external, third party websites. By providing links to other websites, Greater Good does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Greater Good. Greater Good does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to the Purpose Challenge Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
These Terms constitutes the entire agreement between the parties with respect to your access, use, and receipt of services from the Purpose Challenge Sites and supersede all prior agreements, negotiations and discussions between you and Greater Good relating to the same. There are no third-party beneficiaries of the agreement. No waiver by Greater Good of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the Purpose Challenge Sites shall not be construed as Greater Good’s conducting business in any state or legal jurisdiction other than the State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Additionally, any claims brought against Greater Good shall be governed by and construed in accordance with the laws of the State of California. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Purpose Challenge Sites, or any services provided through the Purpose Challenge Sites, shall be in the state or federal courts located in the State of California.
Copyright (c) 2017 The Greater Good Science Center at the University of California, Berkeley.