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WEBSITE TERMS OF USE

 

 

2nd updated on December 16, 2019

1st updated on May 25, 2018

Posted on January 6, 2018

Welcome to www.CareOurEarth.com (“CareOurEarth”, “Website”, “Services”). By using the Website and Services, you represent and warrant that you have read and understood, and agree to be bound by, these Terms of Use (“Terms“) and CareOurEarth’s Privacy Policy as it forms part of these Terms.  If you do not understand this agreement, or do not agree to be bound by it or the Privacy Policy, you should refrain from using this Website.

The Services are available only to individuals who are at least 16 years old. If you are under 16, you should not access or use the Website or attempt to register for the Service.  By using the Website or Services, regardless of the means of delivery, you represent and warrant that your use of the Website and Services will be in accordance with these Terms and any other CareOurEarth’s policy, and with any applicable law or regulations. Any individual using the Website or Services on behalf of an institute, organization or company further represents and warrants that you are authorized to act and enter into contracts on behalf of that institute, organization, or company. This Agreement is void where prohibited.

Please note that CareOurEarth may change these Terms from time to time without notice, so you should review them each time that you visit this Website.

Index

  1. About CareOurEarth
  2. Services Provided at This Website
    1. Content Posting
    2. Interactive services
    3. Member registration
  3. User Obligations
    1. User’s responsibility for personal information and password
    2. User’s responsibility for user content
  4. Linking to Third-Party Websites
  5. Intellectual Property Rights
  6. Using the Website
  7. Our Liability
  8. Termination of Agreements
  9. Changes to These Terms
  10. Applicable Law and Dispute Resolution
  11. Contacting Us

1. About CareOurEarth

CareOurEarth provides the services made available at www.CareOurEarth.com as an information platform and a public forum for issues of environment, life, and health. CareOurEarth’s mission is to facilitate communication of relevant information, knowledge, and opinions as well as to promote knowledge transformation so as to meet the imperative challenges of the increasingly adverse impacts of worsening environment on our health and life. Professionals and scholars are welcome to share your insights, opinions, and observations, experiences, stories, reflections, comments and advices on public issues, as well as your research findings, summaries, mini reviews, or post other content such as news, events and images on the site’s webpages. CareOurEarth also services a professional networking site. Its registered users (“Members”) can achieve and/or make changes to their posts in their personal account and connect with other users so as to establish a personally professional network or join relevant professional networks. The major aim of such efforts is to facilitate interdisciplinary, interorganizational and international cooperation among relevant professionals, scholars, volunteers, policy makers, and general public.

2. Services Provided at This Website

Content Posting    

The Service consists largely of information either posted by editors and/or posted or uploaded by readers, users or registered members, which can accessible through desktop, laptop, tablet, mobile phone, and other device worldwide. Users can view and/or post different information or messages related to environment. The Website provides its readers, users and registered members with the opportunity and ability to submit, post, create, upload, add, display, publish, transmit, distribute or broadcast relevant information and messages, including, without limitation, essays, articles, news, events, commentaries, mini reviews, summaries, photographs, text, computer graphics, pictures, data, questions, opinions, suggestions, or other information on or to the Services (collectively, “User Content”). Authors retain ownership of any intellectual property rights that they hold in the Content. CareOurEarth provides a platform to post, publish, display, and save user content so as to make the content publicly accessible through the Services or share with any other person any content stored either in our server or in a third party’s computer system.

For the articles, essays, images, links and other content submitted to CareOurEarth as featured posts, we need to go through the articles or the content and approve them, but do not edit the content. The posts must ultimately be of benefit to our readers and we need to make sure that your posts or products are relevant and are of excellent quality. Currently, all posts submitted to CareOurEarth must be written in English; the posts written in other languages are not acceptable for the time being. For the Content posted only on or uploaded onto personal walls in personal accounts, you acknowledge that CareOurEarth does not pre-screen the Content. Therefore, we do not and cannot have current knowledge of possible infringements, inappropriate content, or violations of law caused by information that is uploaded by and/or stored upon the request of the users. We are not liable for such information. We will, upon obtaining knowledge about or becoming aware of such infringements, act expeditiously to remove or disable access to such information. You acknowledge that CareOurEarth and its designees shall have the right in their sole discretion to refuse or remove any Content or links that that violate this Agreement or is otherwise objectionable.

CareOurEarth shall not be a contracting party to any agreements entered into by Users with other Users or with any third party via the Services. Users are solely responsible for the execution and/or fulfilment of agreements they enter into. CareOurEarth shall not be held liable for breaches of duty in relation to such agreements.

Interactive services

CareOurEarth provides interactive services for both unregistered and registered users from time to time. By way of example, and not as a limitation, Users can make comments on most, if not any, posts or essays. Most of the interactive services are available only for registered members. These services include without limitation chat rooms, bulletin boards, other forums, and/or messaging features. Where we do provide any interactive service, we will provide clear information to you about the kind of Services offered, whether it is moderated, what form of moderation is used (including whether it is human or technical).

You acknowledge that public forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share, or exchange by means of any public forum may be viewed on the Internet either by the general public or registered members, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share, or exchange by means of any public forum and for the consequences of the submission or posting.

CareOurEarth is under no obligation to oversee, monitor or moderate any interactive service it provides on this Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will provide you with a means of contacting the moderator, should a concern or difficulty arise.

Member registration

To use part of the interactive services provided and/or to post, upload, or share any information on or to this website, registration may be required for relevant users. You acknowledge that it is your responsibility to provide accurate, complete and updated registration details. We are entitled to rely on any such registration details you provide to us.

Unless stated otherwise, each registration is for a single user only, either a person or an institute or organization, and not for multiple users. If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other person. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so. If you know or suspect that another person may have access to, or be using, your account or registration details, you must notify us promptly. You agree to notify us immediately of any unauthorized use of your account, user name, or password.  CareOurEarth shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge.

You are responsible for everything done using your registration details. You acknowledge that we may suspend, terminate or prevent your account and/or your access to this Website at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent. For the avoidance of doubt, where we suspend, terminate or otherwise prevent your account or your access to the Website, we may continue to publish or use your Content in accordance with the provisions of the applicable Terms.

Without limitation, by providing your contact name and email address, you hereby consent to receive electronic communications, over the short term and periodically, from CareOurEarth regarding the Services, promotions, messages, and other matters. You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to us.

3. User Obligations

User responsibility for personal information and password

To use the Services, you may be asked to provide certain registration details or other information.  You must therefore provide your name and truly non-misleading statements. You represent and warrant that all user information you provide in connection with your use of the Website and Services will be current, complete, and accurate, and that you will update that information as necessary to maintain its completeness and accuracy.

You are entirely responsible for maintaining the confidentiality of your password. You are obliged to keep your password to access the Services secret. CareOurEarth will not disclose your password to any third party, shall only use it during the login process, and shall not ask for your password at any time other than during the login process. For security reasons and to prevent misuse, we recommend that you change your password at regular intervals. You are solely responsible for anything that happens through your account, unless you close it or report misuse.

You must not store, process, or use any other User’s personal Information for any other purpose than the natural purpose of such data being published within the Services by the respective User. You shall not transfer your CareOurEarth account to another party without our consent, or operate an account under a false name or identity.

You represent and warrant that you will not create a fake profile.  You represent and warrant that you will not upload a profile image that is not your likeness, including an image of logo or animal or text or another person. If CareOurEarth believes in its sole discretion that the information you provide is not current, complete, or accurate, CareOurEarth has the right to refuse your access to the Website and Services and/or to terminate or suspend your access at any time.

If you have chosen to make your profile and information publicly available, you understand that the content you post may be viewed or downloaded by or shared with visitors and third parties in connection with your use of the Services, and that we cannot and do not control any such third parties. You may change the visibility of some content by going to your Profile Settings when you are logged in.

User’s responsibility for user content 

By posting your Content, you grant CareOurEarth a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the content, which includes without limitation the right for CareOurEarth or any third party it designates,  to publish, use, copy, reproduce, translate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By posting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent you are unable to waive any such moral rights, you agree not to assert the same.

You acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the User by whom such content was submitted. We will not be liable for any errors or omissions in any content. We do not endorse and have no control over any content submitted to the Services. We cannot guarantee the authenticity of any User Content.

By uploading any Content to this Website, you warrant that you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material that belongs to a third party, you promise that you have obtained the permission of such third party owners to use the material, including its publication on the Website concerned and the right of visitors to the Website to download the Content.  You are responsible to ensure that the use of any User Content by you does not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, patent, copyrights, contract rights, or any other proprietary rights.

You acknowledge that all content accessed by you in connection with your use of the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your access to or your inability to access such content. When necessary and/or appropriate, as when another user reports inappropriate content to us, we may delete, modify, or reformat any materials, content, or information submitted by you at our sole discretion, with or without notice at any time. We accept no responsibility or liability for any reliance by you on the continued availability of any content or resources on the Website. In connection with using or accessing the Services, you shall not:

  • Post false, inaccurate, dishonest, misleading, deceptive, defamatory, or libelous content, regardless of the person or entity to whom it is directed, and/or misuse the Services and its features;
  • Post or promote any pornographic, intimidating, abusive, malicious, threatening, offensive, insulting, indecent, immoral, or sexually inappropriate content or any material that violates any applicable legislation for the protection of minors;
  • Post content which constitutes hate speech or advocates violence or discrimination, including, but not limited to, that which attacks people based on their race, ethnicity, national origin, political or religious affiliation, sexual orientation, gender identity, age, or serious disabilities or diseases;
  • Post personal Information about any individual in breach of confidentiality or privacy rights, confidential or proprietary information, or any information you do not have a right to publish; Use the Services to annoy, harass, abuse, insult, personally attack, or send other unwelcome communications to others (including to CareOurEarth);
  • Distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Website or in any way seek to commercialize all or part of the information or user content, or distribute advertising, commercial promotional content, or business proposals;
  • Post content whose primary purpose is to drive users to links outside of CareOurEarth; or post content which prejudices any active or pending legal proceedings of which you are aware;
  • Post excessively within a short timeframe, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; Intentionally infect others with viruses, worms, or other software that can destroy, interrupt, or collect their data or computer devices; and
  • Post content which is technically harmful (including Content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data, malicious software, or any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction); You must not attempt to avoid or undermine any protections we put in place for the security and operation of our Website.

4. Linking to Third-Party Websites

CareOurEarth contains different links linking to third-party websites. CareOurEarth has not reviewed, and cannot review or control, all of the information or content, including computer software or other goods or services, made available on or through third-party websites. Accordingly, CareOurEarth does not represent, warrant, or endorse any third-party website, or the accuracy, currency, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. CareOurEarth disclaims all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites. You access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.

Registered members of CareOurEarth may establish any link to one or more third party or other user websites or webpages when uploading a post, provided that:

  • the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our credit;
  • such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
  • the link is not from any website which promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
  • the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its content;
  • the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and
  • the terms of use of such websites or webpages allows such linking;

You represent and acknowledge that we may remove illegal or inappropriate links or withdraw your right to link to any Website without notice and at any time (acting in our sole discretion).

5. Intellectual Property Rights

Whoever use the Website and Services, you represent and warrant that you will obey the law and respect the intellectual property rights of all parties. Your use of the Website and Services is governed at all times by and subject to laws regarding copyright ownership and use of intellectual property generally.

Unless stated otherwise on this website, the author will retain copyright ownership and all related rights for information he or she authors and publishes through CareOurEarth or otherwise enters into the CareOurEarth Services. In exchange for the publishing services provided by CareOurEarth, author agrees to grant a perpetual, nonexclusive, worldwide license to CareOurEarth to use all content he or she publishes through CareOurEarth without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media.

In the cases that an author chooses to release his or her work under a Creative Commons attribution, non-commercial, no derivative works license in order to ensure that as many people around the world have a chance to read the article, this will be remarked at the end of each piece of the work). For these materials, non-commercial websites may reproduce them, provided that they are reproduced in entirety without any change and are fully credited for both the authors and the CareOurEarth website.

For members and/or registered users, you agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. You hereby represent and warrant that you are the sole and exclusive owner of any user content that you submit to or post on the website. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the website and services. When you post any information or materials on CareOurEarth, You retain the right to remove such content from CareOurEarth at any time. You may also remove content from appearing on your profile page.

Any feedback you provide, regarding existing features of this Website, is deemed to be non-confidential and non-proprietary. CareOurEarth shall be free to use such information on an unrestricted basis, without any compensation to you or any related third-party.

6. Using the Website

  • Access to this website is allowed on a temporary basis and its content is changed from time to time or at any time. Please note that any of the content on this Website may be out of date at any time, and we are under no obligation to update it without delay.
  • The information and content on this Website are not intended to amount to advice on which you should rely. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and content by any visitor to the Website, or by any person who may be informed of any of its content.
  • You may view the content and information available on the Website for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Website or the content on it for commercial purposes without our permission. Use of all or any part of any content and/or information on it for commercial purposes shall be subject to separate terms and conditions.
  • Registered members may customize some of certain Websites’ features to create personalized areas of the Website for your own private non-commercial use. You must not otherwise alter, adapt or reverse engineer any part of the Website.
  • From time to time we may restrict access to all or a part of this Website and/or to all or part of registered members without notice, while we fix defects and errors in the Website, install updates, undertake general or emergency maintenance, and/or suspend access to the servers. As a result of which the Website may be less accessible or unavailable to you at any time or from time to time. We will not be liable or responsible if for any reason the Website is unavailable at any time or for any period.
  • Whilst we carefully monitor the Website with a view to locating and fixing defects, we cannot and do not guarantee that any individual feature of this Website will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any content on it, or on any website linked to it.
  • You represent and warrant that you will not engage in use or attempt to use any spiders, robots, crawlers, avatars, fake profiles, scrapers, engines, software, tools, agents, or other device to copy, aggregate, harvest or collect CareOurEarth’s Content, including text, images, videos, or any other original content published on this Website in any expressive digital format or medium, from the Website, for any use, including without limitation display, distribution or derivative use on third-party websites or through third-party applications;
  • You represent and warrant that you will not engage in use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; or forge any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services.
  • You knowingly and freely assume all risk when using the website and services. You hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify CareOurEarth from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the website and services.

7. Our Liability

  • The information and content contained on the Website may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and content on the Website and use your own judgement before doing or not doing anything on the basis of such information or content.
  • To the maximum extent permitted by law, CareOurEarth hereby expressly disclaims any and all warranties, express or implied, regarding the Website or its content. No representations or warranties are given as to the accuracy or completeness of the information or content provided on any third-party website or webpage to which it is linked.
  • Under no circumstances will CareOurEarth be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party. CareOurEarth will not be liable to you if you cannot access this Website properly or at all or if some of its features are unavailable to you due to events outside our control.
  • CareOurEarth will have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any content, data, material or other information, or for any use of any content on this Website.
  • The liability of CareOurEarth is limited to the maximum extent permitted by law.  In no event shall CareOurEarth be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation bodily injury, property damage, wrongful death, emotional distress, loss of privacy, lost profits or revenues, loss of business, and any other damages), whether arising out of or in connection with your use of the Website or Services.

8. Termination of Agreements

You may terminate the contractual relationship at any time without cause by simply disabling or deleting your account.  You may terminate this Agreement and your rights hereunder at any time, for any or no reason at all in the manner required by this Agreement. In the event that you breach any of this Agreement’s representations, warranties, or covenants, this Agreement shall automatically terminate.

Without limiting any other provision of this agreement, CareOurEarth reserves the right to, in CareOurEarth’s sole discretion and without notice or liability, deny use of the website and/or services to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this agreement, or of any applicable law or regulation.

Under any of the following events without limitation, CareOurEarth is entitled to immediate extraordinary termination at any time: (1) you breaches a contractual obligation of these Terms; (2) you fails to comply with any applicable legal provisions; (3) you promote any communities or associations or any other activities, which are under surveillance by authorities responsible for public safety or the protection of minors; (4) you expose CareOurEarth to potential risk or legal liability; and (5) the reputation of the Services is potentially substantially impaired by your presence or registration.

Any termination of this Agreement automatically terminates all rights to use the Website and Services. Upon termination, you shall cease any use of the Website and Services. Subsequent to termination, CareOurEarth reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website and Services.

9. Changes to These Terms

CareOurEarth reserves the right to modify or change these Terms by amending this page or posting a new version at any time upon notice to you or a change notice on the website. You are obliged to check this page from time to time to take notice of any changes we make, as they are binding on you. You are deemed to have accepted the new terms when you continue to use the Services thereafter. If you do not agree with the new terms, you may terminate your agreement with CareOurEarth at any time by disabling your account.

Under, but not limited to, the following circumstances, a modification of these Terms may be made:

  • If the modification is only beneficial to the Member;
  • If the modification is of a purely technical or process-related nature without any material impact on the Member;
  • To the extent we are obliged to do so in order to comply with applicable laws, including in the event of a change in such laws;
  • To the extent we are required to do so because of a legal order or decision by the authorities;
  • To the extent we introduce new features that enhance the Services; and
  • To the extent the respective modifications are required to mitigate any potential security vulnerabilities;

Modifications that only have a minor impact on the functionality of the Services are not considered changes to the Services or changes to these Terms as described above. This applies in particular to a change of layout and/or placement of features.

10. Applicable Law and Dispute Resolution

  • We do not represent that the information and content in the Services are appropriate or available for use in any particular location. Those who choose to access or use the Services do so on their own initiative and are responsible for compliance with all applicable local laws, including, if you are in the United States, any applicable export control or foreign assets control regulations.
  • These Terms are governed by the laws, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hong Kong. In you are in the European Union, these terms shall be governed by the laws of England.
  • If you are in the USA or Canada, these Terms shall be governed by the laws of the State of New York, without regard to any conflict of law provisions, and the parties agree to submit to the exclusive jurisdiction of the courts located in the State of New York.
  • For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.
  • In the event of any legal action arising from or relating to these Terms of Use or your use of any Service, you hereby waive the right to a jury trial.
  • You represent and agree that any arbitration shall be limited to each Claim individually, and that each may only bring claims against the other in capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  • Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect.

11. Contacting Us   

CareOurEarth respects the intellectual property rights of others, and requests that its visitors or users do the same. If you think your work has been copied or used in a manner that constitutes copyright infringement on any webpage or by any registered user, please immediately notify CareOurEarth by means of emailed notice (“Infringement Notification”), providing all of the following in your Infringement notification:

  1. A description of the nature and location of the material or content claimed to have infringed your copyright, in sufficient detail to permit CareOurEarth to find and positively identify that material or content;
  2. A statement by you that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent;
  3. Your name, email address, and all other information reasonably sufficient to permit us to contact you;
  4. A statement by you that all of the information contained in your Infringement Notice is accurate and that you are the copyright owner or a person authorized to act on behalf of the copyright owner; and
  5. A signature, either electronic or physical, of the copyright owner or a person authorized to act on their behalf.

CareOurEarth will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.

If you would like to report any defamatory content, please click here to contact us.

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