These Terms of Use (the "Terms of Use" or "Terms") apply to the services and information (collectively, the "Services") that the Pacific Institute for Studies in Development Environmental & Security ("Pacific Institute," "we," "our", or "us") provides to you through the Water Action Hub website at wateractionhub.org (our "Website" or "Site") (the Services and Website are referred to as the "Platform"). These Terms govern your use of the Platform and your provision of information while using the Platform. Please read these Terms carefully because they impose legal obligations on you and on Pacific Institute, and establish our legal relationship.
To assist you in using the Platform, and to ensure a clear understanding of the relationship arising from your use of the Platform, we have created these Terms of Use and the Privacy Policy. Our Privacy Policy explains how we treat information that we have about you, and our Terms govern your use of our Platform. Our Terms apply to anyone that uses or visits our Platform (collectively, "you" and "your"), including individuals who use or visit our Platform without registering an account ("Guest Users"), and individuals who are (or are seeking to become) registered users ("Registered Users").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM. BY USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT USE OUR PLATFORM.
These Terms govern your use of the Platform. Please read these Terms carefully because they impose legal obligations on you and us. By accessing our Platform, you acknowledge that you have read these Terms and agree to be legally bound by them. We may also confirm your agreement to be bound by these Terms by asking you to click a checkbox referencing these Terms and "Register" or similar button when you use certain portions of our Platform. If you do not agree with these Terms, then please do not use our Platform.
If you are agreeing to these Terms on behalf of a company, an organization, or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.
The Platform is a global online collaboration and knowledge sharing platform for water sustainability and climate resilience, developed by the Pacific Institute, in its capacity as Co-Secretariat of the CEO Water Mandate. The CEO Water Mandate is a special initiative of the UN Secretary-General and the UN Global Compact, implemented in partnership with the Pacific Institute. To learn more about the Water Action Hub and the CEO Water Mandate initiative, please visit wateractionhub.org/about/.
Our Privacy Policy explains, among other topics, how we treat information that you provide to us through the Platform. By using our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available at: wateractionhub.org/privacy-policy/
Certain of our Services are only available to Registered Users. If you complete the registration process to become a Registered User, and have obtained a username and password, then we will treat anyone who uses your username and password as "you". We will provide this user with all of the rights that we provide to you, and we will hold you responsible for the activities of anyone using your username and password. We recommend that you keep your username and password in strict confidence, and that you do not share this information with anyone who might "pretend" to be you with respect to the use of our Platform. Please notify us immediately if you suspect that someone is using your username and/or password inappropriately.
The information, software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, and all other intellectual property embodied in the Platform (collectively, the "Platform Content") are the property of Pacific Institute and its licensors and protected by copyright and other intellectual property laws, or used under the principles of fair use. Pacific Institute and its licensors retain all rights with respect to the Platform and the Platform Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Platform unless specifically authorized in writing by Pacific Institute. The term Platform Content expressly excludes Submitted Content.
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable right to access and use all publicly available and, if expressly authorized, password-protected areas, of our Platform and Platform Content in order to: (i) learn more about our Services and initiatives; (ii) provide Submitted Content to us through the Platform; (iii) participate in and receive those Services that we make available to you; (iv) download and print pages from our Platform; and (v) access other information that we make available through our Platform (collectively, the "Permitted Uses"). You agree that that: (a) the Platform and Platform Content are made available solely for your non-commercial use; (b) the Permitted Uses are solely for non-commercial use; and (c) you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.
You may use the Platform to engage with us and others in public exchanges, and this includes opportunities for you to submit information, comments, feedback, images and audiovisual files, and other materials that you wish to share (collectively, "Submitted Content"). For example, using the Platform, you may choose to submit information, photos, videos, and other files about Your Organization, the projects that Your Organization oversees, and other resources such as the lessons learned. The Platform catalogs this Submitted Content and allows other users to search, filter, and access such information, and communicate with you using the contact information you have provided. By accessing your profile page, you may configure the visibility of certain categories of your Submitted Content on the Platform.
By providing Submitted Content, subject to this Section 7.1 (Submitted Content), Section 5.3 (Personal Information), and your rights set out in our Privacy Policy, you authorize use to copy, modify, display, distribute, perform, use, and otherwise exploit the Submitted Content in any manner and in any location, channel, or medium, all without compensation to you and for as long as we decide (collectively, the "Use Rights"). In addition, you authorize us to grant any third party some or all of the Use Rights. By providing Submitted Content, you represent and warrant that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the Use Rights.
We reserve the right to refuse to use, disable, or remove Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Platform or operations.
Notwithstanding anything to the contrary, if you provide us with Personal Information via the Platform, by email, or otherwise, then we will treat such Personal Information in accordance with our Privacy Policy. By providing us with your Personal Information, you authorize use to copy, modify, display, distribute, perform, use, and otherwise exploit the Personal Information in accordance with our Privacy Policy. If you provide us with any Personal Information relating to another individual, then you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy.
By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:
We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all of our Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 19 (Contact Us).
Corporate Water Benchmark Tool
The Corporate Water Benchmark Tool has been created as a tool for companies to use to assess their water practices and performance compared to other companies and data is not made publicly available by us. Any benchmark scores you receive, share with work colleagues, or are shared with you by colleagues, as part of completing the self-assessment tools shall be used for internal purposes only and shall not be publicly disclosed.
The Platform may contain links to third party websites (the "Linked Sites"). Linked Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. Pacific Institute does not own these Linked Sites and does not assume any responsibility or liability for any content, opinions, or material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide via the Linked Sites. Pacific Institute does not endorse the content of any Linked Site or warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to link to another site (including Linked Sites), you agree that such use is at your own risk.
Pacific Institute is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interaction with other Platform users, both online or offline. If you have a dispute with another user, then you release Pacific Institute (and our officers, directors, agents, employees, and affiliates) from all 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 dispute.
PACIFIC INSTITUTE DOES NOT PROMISE THAT THE PLATFORM OR PLATFORM CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE PLATFORM OR PLATFORM CONTENT, OR UPLOAD SUBMITTED CONTENT ON THE PLATFORM, YOU DO SO AT YOUR OWN RISK. PACIFIC INSTITUTE DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
PACIFIC INSTITUTE DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND PLATFORM CONTENT IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PACIFIC INSTITUTE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM OR PLATFORM CONTENT.
You agree to defend, indemnify, and hold Pacific Institute and its affiliates, officers, directors, agents, and employees harmless from and against any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or the Privacy Policy.
Pacific Institute respects the intellectual property rights of others and requires that its users do the same. If you believe that any content (including Submitted Content and Platform Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify us as follows: contact@wateractionhub.org.
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the "Repeat Infringer Policy"). If we determine that a user has violated our Repeat Infringer Policy, then we may take, in our sole discretion, any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user's account, and any other interim measures that we deem appropriate.
From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effective proactively. Regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.
These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. Pacific Institute reserves the right to assign its rights and obligations under these Terms without your consent.
These Terms shall be governed in all respects by the laws of the State of California without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the judicial district that includes Oakland, CA. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Pacific Institute's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Subject to Section 19 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Pacific Institute and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 9 (Warranty Disclaimer); (iii) Section 10 (Limitation of Liability); (iv) Section 11 (Indemnity); (v) Section 14 (Assignment); and (vi) Section 15 (General).
Certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if a portion of the Platform is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such portion of the Platform if you do not agree with the differing terms and conditions.
These Terms must be read in conjunction (i) with other agreements into which you and Pacific Institute may enter (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.
If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us at contact@wateractionhub.org, or by other means of communication as described on our Platform.
The effective date of these Terms of Use is September 23, 2020.
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