diff --git a/pages/terms.js b/pages/terms.js index 65938596..3ec53f54 100644 --- a/pages/terms.js +++ b/pages/terms.js @@ -1,17 +1,16 @@ import { Box } from 'theme-ui' - import { Layout, Row, Column, Link, Heading } from '@carbonplan/components' -const FAQ = () => { +const Terms = () => { return ( - Terms + Terms of use - + { letterSpacing: 'body', }} > - All code powering this website is{' '} - MIT{' '} - licensed and available on{' '} - GitHub. + + Effective as of March 07, 2024 + + + 01 — General information regarding these terms of use + + + Welcome, and thank you for your interest in CarbonPlan, a + California nonprofit corporation (“CarbonPlan,” “we,” “our,” or + “us”). Unless otherwise noted on a particular site or service, + these master terms of use (“Master Terms”) apply to your use of + all the websites that CarbonPlan operates that reference these + Master Terms, including https://carbonplan.org and all subdomains + thereof, and our Github account (https://github.com/carbonplan) + (collectively, the “Websites”). These Master Terms also apply to + all content, data, software, products, functionality, and/or + services provided through the Websites (together with the + Websites, the “Services”). Additional terms: In addition to the + Master Terms, your use of any Services may also be subject to + specific terms applicable to a particular Service (“Additional + Terms”). If there is any conflict between the Additional Terms and + the Master Terms, then the Additional Terms apply in relation to + the relevant Service. Collectively, the Terms: The Master Terms, + together with any Additional Terms, form a binding legal agreement + between you and CarbonPlan in relation to your use of the + Services. Collectively, this legal agreement is referred to below + as the “Terms.” + + + + Human-readable summary of Section 01: These terms, together with + any special terms for particular websites, create a contract + between you and CarbonPlan. The contract governs your use of all + websites operated by CarbonPlan that reference these terms, + including our Github account. These human-readable summaries of + each section are not part of the contract, but are intended to + help you understand its terms. + + + + + 02 — Your agreement to the terms + + + BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY OF THE + SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED + TO BE BOUND BY THE TERMS. By clicking “I AGREE” or otherwise + accessing or using any Services, you also represent that you have + the legal authority to accept the Terms on behalf of yourself and + any party you represent in connection with your use of any Services. + If you do not agree to the Terms, you are not authorized to use any + Services. If you are an individual who is entering into these Terms + on behalf of an entity, you represent and warrant that you have the + power to bind that entity, and you hereby agree on that entity’s + behalf to be bound by these Terms, with the terms “you,” and “your” + applying to you, that entity, and other users accessing the Services + on behalf of that entity. +
+
+ You must be of the age of majority in your jurisdiction (typically + age 18), or have the consent of your parent or guardian (who must + and hereby does also agree to these Master Terms) to use the + Services. You may not use the Services under any circumstances if + you are under 13 years of age. + + + + Human-readable summary of Section 02: Please read these terms and + only use our sites and services if you agree to them. If you are + under 18, please get consent from a parent or guardian that agrees + to these terms. If you are under 13, you cannot use our sites and + services. + + + + 03 — Changes to the terms + + + From time to time, CarbonPlan may change, remove, or add to the + Terms, and reserves the right to do so in its discretion. In that + case, we will post updated Terms and indicate the date of revision. + If we feel the modifications are material, we will make reasonable + efforts to post a prominent notice on the relevant Website(s) and + notify those of you with a current account via email. All new and/or + revised Terms take effect immediately and apply to your use of the + Services from that date on. Your continued use of any Services after + new and/or revised Terms are effective indicates that you have read, + understood, and agreed to those Terms. + + + + Human-readable summary of Section 03: These terms may change. When + the changes are important, we will put a notice on the website(s). + If you continue to use the sites after the changes are made, you + agree to the changes. + + + + 04 — Content available through the Services + + + Provided as-is: You acknowledge that CarbonPlan does not make + any representations or warranties about the material, data, and + information, such as data files, text, computer software, code, + music, audio files or other sounds, photographs, videos, or other + images (collectively, the “Content”) which you may have access to as + part of, or through your use of, the Services. Under no + circumstances is CarbonPlan liable in any way for any Content, + including, but not limited to: any infringing Content, any errors or + omissions in Content, or for any loss or damage of any kind incurred + as a result of the use of any Content posted, transmitted, linked + from, or otherwise accessible through or made available via the + Services. +
+
+ Licensing of CarbonPlan-Owned Content: Consistent with our + charitable mission to build open tools and resources for the + evaluation and deployment of climate solutions, we aim to release + software, articles, models, and datasets under maximally permissive + licenses. Please check individual code repositories or project pages + for specific license information. +
+
+ Licensing of Third Party Content: We may link to or publish + content, information, tools, data, and/or software on our Websites + that belong to or originate from third parties (the “Third Party + Content”). We may indicate on the Websites which licensing terms we + believe apply to such Third Party Content, but we cannot guarantee + that such indications are accurate. You agree to independently + verify the terms of the license and other copyright and attribution + information associated with any Third Party Content you intend to + use. You agree that you are solely responsible for your use of Third + Party Content made available through the Services, including + independently verifying the license that applies to such Third Party + Content, and complying with such license, including by providing + proper attribution when required. You should review the terms of the + applicable license before you use any Third Party Content so that + you know what you can and cannot do. + + + + Human-readable summary of Section 04: We try our best to have + useful information on our sites, but we cannot promise that + everything is accurate or appropriate for your situation. + CarbonPlan-owned content on the site is licensed as indicated on + our Websites. We may express an opinion about which licensing + terms we believe apply to third-party content, but be sure to + independently verify the license terms, attribution, and other + copyright information before using it. + + + + 05 — Content supplied by you + + + Your responsibility: You represent, warrant, and agree that + no Content posted or otherwise shared by you on or through any of + the Services (“Your Content”), violates or infringes upon the rights + of any third party, including copyright, trademark, privacy, + publicity, or other personal or proprietary rights, breaches or + conflicts with any obligation, such as a confidentiality obligation, + or contains libelous, defamatory, or otherwise unlawful material. + You also represent, warrant, and agree that you have all rights + necessary to grant the licenses specified herein, and that you will + prominently and accurately mark Your Content with licensing and + other applicable permission status and attribution information. +
+
+ Licensing Your Content to Us: If you contribute Your Content + (which includes, without limitation, any software, article, post, + code, content, data, suggestion, feedback, or any other information) + to us, including through our Services, you will and hereby do grant + us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable + license to copy, modify, distribute, publicly display and publicly + perform Your Content in all forms of media for the purpose of + providing the Services, including without limitation sharing Your + Content with other users, analyzing it on our servers, making + production, archival and backup copies, and improving the Services + over time.
+
+ Licensing Your Content to Other Users: If you post Your + Content such that it is viewable by other users, you grant to such + other users a worldwide, nonexclusive, royalty-free license to copy, + use, display and perform Your Content, as permitted through the + functionality of the Service. If you contribute Your Content to any + portion of the Services that requires you to grant a specific + additional license to other users, such as a public license, you + will and hereby do grant that license to us, and to the other users + of the Services. By way of example, whenever you add Your Content to + one of our code repositories containing notice of a license, you + license that content under the same terms, unless we have a separate + contributor license agreement that specifies different terms. In + addition, we may specify that submissions to certain portions of our + Websites must be made pursuant a public license, such as CC-BY 4.0, + and when you make such a submission then Your Content shall be, and + is, licensed under the terms of the license we specify. If you do + not want to license Your Content under the specified license, then + you should not submit Your Content. +
+
+ Removal: CarbonPlan may, but is not obligated to, review Your + Content and may delete or remove Your Content (without notice) from + any of the Services in its sole discretion. Removal of any of Your + Content from the Services (by you or CarbonPlan) does not impact any + rights you granted in Your Content. - Consistent with our charitable mission to build open tools and - resources for the evaluation and deployment of climate solutions, we - aim to release models and datasets under maximally permissive - licenses. + + Human-readable summary of Section 05: We do not take any ownership + of your content when you post it on our sites. If you do post + content, then we have the right to use that content to provide our + services to you and to other users. Some portions of our sites may + also require that you grant a license to other users. For example, + if you contribute code to our GitHub repository, you license it + under the same license terms that apply to that repository. If we + specify that certain content you post must be licensed under a + Creative Commons or other public license, then by posting you + grant that license. You are responsible for any content you upload + to our sites: only post content you are entitled to post, and + include any required licensing and attribution information. + + + + 06 — Registered users - We do request that you please provide attribution if reusing any of - our digital content (graphics, logo, data, articles, etc.). + Registration: If we make available the opportunity to + register for any of the Services, you agree to (a) only provide + accurate and current information about yourself, (b) maintain the + security of your passwords and identification, (c) promptly update + the email address listed in connection with your account to keep it + accurate so that we can contact you, and (d) be fully responsible + for all uses of your account. You must not set up an account on + behalf of another individual or entity unless you are authorized to + do so. +
+
+ Termination: CarbonPlan reserves the right to modify or + discontinue your access, account, or your membership in any Service + at any time for any reason or no reason at all. + + + + Human-readable summary of Section 06: CarbonPlan has the right to + end your account at any time. You are responsible for the use of + your account. And of course, please do not set up an account for + someone else unless you have permission to do so. + + + + 07 — Prohibited conduct + + + You agree not to engage in any of the following activities: + + + Violating laws and rights: + + +
    +
  • + You may not (a) use any Service for any illegal purpose or in + violation of any local, state, national, or international laws, + (b) violate or encourage others to violate any right of or + obligation to a third party, including by infringing, + misappropriating, or violating intellectual property, + confidentiality, or privacy rights. +
    • +
+ + + Solicitation: + + +
    +
  • + You may not use the Services or any information provided through + the Services for the transmission of advertising or promotional + materials, including junk mail, spam, chain letters, pyramid + schemes, or any other form of unsolicited or unwelcome + solicitation. +
    • +
+ + + Disruption: + + +
    +
  • + You may not use the Services in any manner that could disable, + overburden, damage, or impair the Services, or interfere with + any other party’s use and enjoyment of the Services; including + by (a) uploading or otherwise disseminating any virus, adware, + spyware, worm or other malicious code, or (b) interfering with + or disrupting any network, equipment, or server connected to or + used to provide any of the Services, or violating any + regulation, policy, or procedure of any network, equipment, or + server. +
    • +
+ + + Harming others: + + +
    +
  • + You may not post or transmit Content on or through the Services + that is harmful, offensive, obscene, abusive, invasive of + privacy, defamatory, hateful or otherwise discriminatory, false + or misleading, or incites an illegal act; +
    • +
  • + You may not intimidate or harass another through the Services; + and, you may not post or transmit any personally identifiable + information about persons under 13 years of age on or through + the Services. +
    • +
+ + + Impersonation or unauthorized access: + + +
    +
  • + You may not impersonate another person or entity, or + misrepresent your affiliation with a person or entity when using + the Services; +
    • +
  • + You may not use or attempt to use another’s account or personal + information without authorization; and +
    • +
  • + You may not attempt to gain unauthorized access to the Services, + or the computer systems or networks connected to the Services, + through hacking, password mining, or any other means. +
    • +
+ + + + Human-readable summary of Section 07: Play nice. Be yourself. + Don’t break the law or be disruptive. + + + + 08 — DISCLAIMER OF WARRANTIES + + + TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARBONPLAN OFFERS + THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE + SERVICES) ON AN AS-IS AND AS-AVAILABLE BASIS, AND MAKES NO + REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, + EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT + LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A + PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARBONPLAN DOES NOT WARRANT + THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR + ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES + WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY + SERVERS USED BY CARBONPLAN ARE FREE OF VIRUSES OR OTHER HARMFUL + COMPONENTS. CARBONPLAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION + REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS + OF ACCURACY, RELIABILITY, OR OTHERWISE. + + + + Human-readable summary of Section 08: CarbonPlan does not make any + guarantees about the sites, services, or content available on the + sites. + + + + 09 — LIMITATION OF LIABILITY + + + TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL + CARBONPLAN BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, + DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, + EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF + REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL + DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES + SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN + CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY + REASON), EVEN IF CARBONPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF + SUCH DAMAGES. +
+
+ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARBONPLAN IS NOT + RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT + POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF + INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE + SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE + SERVICES. +
+
+ Certain jurisdictions do not permit the exclusion of certain + warranties or limitation of liability for incidental or + consequential damages, which means that some of the above + limitations may not apply to you. IN THESE JURISDICTIONS, THE + FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE + GREATEST EXTENT PERMITTED BY APPLICABLE LAW. + + + + Human-readable summary of Section 09: CarbonPlan is not + responsible for the content on the sites, your use of our + services, or for the conduct of others on our sites. + + + + 10 — Indemnification + + + To the extent authorized by law, you agree to indemnify, defend, and + hold harmless CarbonPlan, its employees, officers, directors, + affiliates, and agents from and against any and all claims, losses, + expenses, damages, and costs, including reasonable attorneys’ fees, + resulting directly or indirectly from or arising out of (a) your + violation of the Terms, (b) your failure to verify the copyright + license, attribution, and other information associated with the + Services or any Content, (c) your use of any of the Services, and/or + (d) the Content you make available on any of the Services. + + + + Human-readable summary of Section 10: If something happens because + you violate these terms, because of your use of the services, or + because of the content you post on the sites, you agree to repay + CarbonPlan for the damage it causes. + + + + 11 — Trademarks + + + CarbonPlan’s name and logo, and the names and logos of various + Services offered by CarbonPlan, are trademarks of CarbonPlan. + Because of the likelihood of confusion, you may not use any of our + trademarks in a domain name, in the name of your software project, + to describe any CarbonPlan Content that has been modified by a party + other than CarbonPlan, or for any other purpose without our express + written permission. For clarity, you do not need our permission to + use the CarbonPlan name, or the names of our Services, for purely + nominative fair uses (e.g., to refer to CarbonPlan as an + organization, or to refer to an unmodified version of a CarbonPlan + Service), provided that such use does not imply endorsement by or + association with CarbonPlan. +
+
+ Other trademarks used on the site are the registered trademarks of + their respective owners. Those marks are used for referential + purposes only and are not intended to suggest or imply any + affiliation with or endorsement by their respective owners. + + + + Human-readable summary of Section 11: You may use CarbonPlan’s + wordmarks only for referential purposes, and only to refer to + unmodified CarbonPlan Content. Other trademarks used on this site + are not intended to suggest endorsement or affiliation with + CarbonPlan. + + + + 12 — Copyright, trademark complaints + + + CarbonPlan respects intellectual property rights, and we prohibit + users of the Services from submitting, uploading, posting, or + otherwise transmitting any Content on the Services that violates + another person’s intellectual property rights. +
+
+ To report allegedly infringing Content hosted on a website owned or + controlled by CarbonPlan, send a Notice of Infringing Materials to + our Designated Agent, containing each of the following: + + +
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  1. + Reasonably sufficient details to enable us to identify the work + claimed to be infringed or, if multiple works are claimed to be + infringed, a representative list of such works (for example: + title, author, any registration or tracking number, URL); +
    2. +
  2. + Reasonably sufficient detail to enable us to identify and locate + the material that is claimed to be infringing (for example a + link to the page that contains the material); +
    3. +
  3. + Your contact information so that we can contact you (for + example, your address, telephone number, email address); +
    4. +
  4. + A statement that you have a good faith belief that the use of + the material identified in (2) is not authorized by the + copyright owner, its agent, or the law; +
    5. +
  5. + A statement, under penalty of perjury, that the information in + the notification is accurate and that you are authorized to act + on behalf of the owner of the exclusive right that is alleged to + be infringed. +
    6. +
  6. Your physical or electronic signature.
    7. +
+ + + Our Designated Agent may be reached at: +
+
+ Laurence S. Donahue, Esq.
+ Law 4 Small Business (L4SB) +
+ 6801 Jefferson St. NE, Ste. 220 +
+ Albuquerque, NM 87109 +
+ LegalResponseTeam@L4SB.com + + + + Human-readable summary of Section 12: Please let us know if you + find infringing content on our websites. + + + + 13 — Termination + + + By CarbonPlan: CarbonPlan may modify, suspend, or terminate the + operation of, or access to, all or any portion of the Services at + any time for any reason. Additionally, your individual access to, + and use of, the Services may be terminated by CarbonPlan at any time + and for any reason. +
+
+ By you: If you wish to terminate this agreement, you may immediately + stop accessing or using the Services at any time. +
+
+ Automatic upon breach: Your right to access and use the Services + automatically terminates upon your breach of any of the Terms. +
+
+ Survival: The disclaimer of warranties, the limitation of liability, + and the jurisdiction and applicable law provisions will survive any + termination. The license grants applicable to Your Content are not + impacted by the termination of the Terms and shall continue in + effect subject to the terms of the applicable license. Your + warranties and indemnification obligations will survive for one year + after termination. + + + + Human-readable summary of Section 13: If you violate these terms, + you may no longer use our sites. + + + + 14 — Miscellaneous terms - Some of the data made available on parts of this website or through - our APIs is sourced from content made available under a{' '} - - CC-BY - {' '} - license. We include attribution for this content, and we please - request that you also maintain that attribution if using this data. + Choice of law: The Terms are governed by and construed by the laws + of the State of California in the United States, not including its + choice of law rules. +
+
+ Dispute resolution: The parties agree that any disputes between + CarbonPlan and you concerning these Terms, and/or any of the + Services may only be brought in a federal or state court of + competent jurisdiction sitting in the Northern District of + California, and you hereby consent to the personal jurisdiction and + venue of such court. +
+
+ No waiver: Either party’s failure to insist on or enforce strict + performance of any of the Terms will not be construed as a waiver of + any provision or right. +
+
+ Severability: If any part of the Terms is held to be invalid or + unenforceable by any law or regulation or final determination of a + competent court or tribunal, that provision will be deemed severable + and will not affect the validity and enforceability of the remaining + provisions. +
+
+ No agency relationship: The parties agree that no joint venture, + partnership, employment, or agency relationship exists between you + and CarbonPlan as a result of the Terms or from your use of any of + the Services. +
+
+ Integration: These Master Terms and any applicable Additional Terms + constitute the entire agreement between you and CarbonPlan relating + to this subject matter and supersede any and all prior + communications and/or agreements between you and CarbonPlan relating + to access and use of the Services. - We may change some of these terms in the future. Please check back - here for updates. If you have any questions, please contact us at{' '} - hello@carbonplan.org - . + + Human-readable summary of Section 14: If there is a lawsuit + arising from these terms, it should be in California and governed + by California law. We are glad you use our sites, but this + agreement does not mean we are partners. + @@ -56,4 +637,4 @@ const FAQ = () => { ) } -export default FAQ +export default Terms