Terms of use

Effective: Nov 24, 2021

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of our websites and applications (“Software”) and service (both collectively referred to as the “Service”). These Terms constitute a fully binding agreement between the Whole Earth Foundation (collectively, “WEF”, “we”, “us” or “our”). It is therefore recommended that you carefully read these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

THE LICENSE

WEF hereby grants you a free of charge, non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes. WEF reserves the right to revoke this license at any time, for any reason.

USING THE SERVICE

You may use the Service solely for private and personal purposes, and any information you post to the Service may be by the general public without charge.   You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of WEF. You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of WEF.The Software may not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at WEF’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.You may not, whether yourself or through any other means or person:
  1. copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;
  2. make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without WEF’s prior written consent;
  3. create a browser or border environment around the Content (e.g. no frames or inline linking);
  4. interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
  5. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
  6. transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  7. interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  8. sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
  9. frame or mirror any part of the Service and/or Site without WEF’s prior express written authorization;
  10. create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
  11. forward any data generated from the Service and/or Site without the prior written consent of WEF;
  12. transfer or assign your Service accounts’ password, even temporarily, to a third party; or
  13. use the Service and/or Site for any illegal, immoral or unauthorized purpose.

USER CONTENT

The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, locations of potholes, leaking water pipes, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

FORBIDDEN POSTS

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; poses a risk to a person’s safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal
  • information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
  • is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that
  • encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
  • promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
  • falsely expresses or implies that such content is sponsored or endorsed by WEF.
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

WEF may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, WEF or any of its agents or affiliates. In such cases, WEF may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to WEF by any law.

RIGHTS IN CONTENT

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit WEF to publish the Content and exploit all intellectual property rights in and to the Content. WEF receives no ownership rights in and to the Content that you submit. However, by submitting Content to WEF, you hereby grant WEF and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to WEF in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at WEF’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless WEF provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize WEF to be your agent).

EXAMINATION OF CONTENT

WEF may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. WEF does not normally utilize its right to monitor Content and does so only in rare cases.WEF retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. WEF does not guarantee that all Content will be published, in general or for any limited time.Content submitted by users for publication does not reflect the views of WEF. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

COPYRIGHT

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of WEF or its affiliates or are exclusively licensed to WEF. “Whole Earth Foundation”, “Whole Earth Explorer,” and other trade and/or service marks are the property of WEF or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of WEF.

EXPORT CONTROL

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

LIMITATION OF LIABILITY AND WARRANTY

WEF PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEFS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally, WEF disclaims any warranties relating to the accuracy of the maps and the Content.

WEF does not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to WEF’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in WEF or any of its providers.

WEF AND ITS AFFILIATES, INCLUDING THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

PRIVACY

WEF’s privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

WEF may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against WEF for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

WEF may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS

WEF may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the laws of the State of New York and the United States of America without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the United States Federal and State Courts in Santa Clara County, California.

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and WEF concerning the WEF Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the WEF Service, its contents, maps and any other data.

Contact us

Should you have any questions, concerns or a complaint about this Privacy Policy, please contact WEF via email at info@wholeearthfoundation.org