Last updated: (12 March 2020)
Please read these terms of use ("Terms", "Terms of Use") carefully before using the earthour.org website ("Website") operated by WWF-World Wide Fund for Nature (formerly World Wildlife Fund) with registered offices in Rue Mauverney 28, 1196 Gland, Switzerland ("WWF", "us", "we", or "our").
By accessing or using this Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Website. WWF reserves the right to seek all remedies available by law for any violation of these Terms and WWF’s rights.
1. Earth Hour Website
Earth Hour Website is an Internet-based platform that allows users ("User(s)" or "you") to have access to an information kit to participate to and/or organize events and initiatives aimed at raising awareness about environmental issues ("Events"), as well as to download, upload, use and share all the available user generated text, graphics and other material (“User Generated Content”), and all the guides, logos and marketing materials made available by WWF in connection with the Events and with the Earth Hour initiative ("WWF Content"), subject to the Terms ("Services"). The User Generated Content and the WWF Content are freely made available through the Website for personal computers and mobile devices that access the Internet, subject to these Terms.
2. Access
In order to use certain features of the Website, you need to register. In order to register you need to create a username and password. You agree to provide truthful, accurate and complete information when you are registering to the Website and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. We assume that your access – made through your username and password – to the Website is made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify WWF against any loss or damage caused as a result of misuse of the Website by a third party where such misuse was made possible by your failure to take such reasonable measures and due care.
WWF asks you to promptly notify us of any unauthorized use of your username/password or of any other inappropriate use of the Services.
3. Intellectual Property Rights and WWF Content
All the intellectual property rights in the WWF Content (including, without limitation any guides, logos and marketing materials made available by WWF in connection with the Events and the Services) are exclusive property of WWF or its licensors.
The WWF Content also includes the following Earth Hour trademarks ("Earth Hour Trademarks").
WWF grants you a royalty-free non-exclusive, limited, revocable, non-transferable, not assignable, and not sublicensable, license to use, reproduce and have reproduced, modify and have modified, publicly perform and display the WWF Content, solely in connection with the Events and to promote the Earth Hour initiative, for non-commercial purposes only and subject to all the further terms and conditions herein.
By using the WWF Content you agree not to modify, alter, remove, combine with any other graphic elements or otherwise affect or distort in perspective or appearance the WWF Content, including, but not limited to, the font, design, arrangement, colors, proportions and shape thereof. You also agree not to use the WWF Content in any way that may damage WWF’s reputation or name, and/or in any way that indicates or suggests that WWF endorses, approves, sponsors or is affiliated with any products, goods or services not in line with the Earth Hour initiative and WWF purposes in general. You also agree not to remove any copyright, trademark or other proprietary notices from the WWF Content.
In consideration of the provisions of this section, by using the Earth Hour Trademarks you agree that you shall not, in any way whatsoever, register or attempt to register the Earth Hour Trademarks or trademarks similar to the Earth Hour Trademarks – in any territory and for any class – or to challenge them.
It is understood that WWF may revoke the license to the use the WWF Content at any time and for any reason whatsoever.
Any trademarks, copyright, service marks, designs, texts, graphics, pictures rights not expressly granted herein are reserved.
4. User Generated Content
The Website allows (or will allow) Users to upload, download, host, share and/or publish User Generated Content including, without limitation, entries, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials, excluding personal data other than as provided otherwise in these Terms. You hereby acknowledge and agree that WWF assumes no liability or responsibility for any content or information provided by Users.
5. Acceptable Use
You are solely responsible for the User Generated Content that you post or transmit using the Website and you agree not to post, transmit or otherwise publish through the Website any of the following:
- User Generated Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
- User Generated Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Generated Content containing nudity, unless you have restricted access to such User Generated Content with an appropriate content filter setting that will restrict viewing by minors;
- User Generated Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Generated Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
- User Generated Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited messages containing promotions, political campaigning, advertising, solicitations or suggestions of endorsement by WWF of any candidate for public office;
- any false representation of yourself as a WWF officer, employee, agent or official spokesperson, or any false representation that you are raising funds or donations for WWF;
- any User Generated Content that may in any way damage WWF’s reputation or name;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Generated Content that is – or is deemed to be so in WWF’s sole discretion – objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose WWF or the Website’s users to any harm or liability of any nature, or which is legally required to be deleted or made private.
6. Submissions of User Generated Content
Upon submission of any User Generated Content to the Website by comments, by e-mail, by uploading, linking, SMS, and/or MMS and any other mean available to you, you will grant WWF perpetual, worldwide, royalty-free, non-exclusive, assignable and sublicensable license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Generated Content and distribute reproduced and modified copies thereof to the extent required by WWF to promote and carry out its non-profit and business activities. This foregoing license shall remain in force as long as your User Generated Content is available at the Website and for ten (10) years thereafter.
When other users of the Website access or download your User Generated Content, you also grant to such users a perpetual, worldwide, royalty-free and non-exclusive license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Generated Content and distribute reproduced and modified copies of such User Generated Content in their personal and non-commercial use.
WWF further requires you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Website. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your sub-missions of photos or videos to the Website.
Any User Generated Content which does not comply with the foregoing is strictly prohibited. WWF expressly disclaim any liability arising out of or relating to the User Generated Content.
WWF is entitled upon discretion to remove from the Website – temporarily or permanently – any User Generated Content that is deemed not compliant with the requirements hereunder or with any applicable law and regulation.
7. Disclaimer
The Website and the WWF Content may include hyperlinks to sites on the Internet that are owned or operated by third parties including, without limitation, the e-commerce separate section of the Website (https://wwf.teemill.com/terms-of-use/), as well as any Event organizer’s website and any other hyperlink uploaded on the Website by the Users. If you choose to use such links to access such sites you agree to review and accept their specific terms of use before using them. You access the third-party sites at your own risk. WWF disclaims any liability or responsibility arising from such third-party sites or services.
You further acknowledge and agree that WWF hosts a virtual platform aimed at helping the participation and organization of Events, and that WWF and members of their staff, their contractors and other subjects in any way connected to them shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the performance of the Events, nor with use of or reliance on any third parties’ content including, without limitation, User Generated Content, goods or services available on or through third party’s sites or services, including the inappropriate, improper, or fraudulent use of such third parties’ content, goods or services.
This Website, as well as the Content and the User Generated Content thereof, are provided by WWF on an “as is” and “as available” basis. WWF disclaims any warranty that the Website will be uninterrupted or error or virus-free. WWF reserves the right to revise the Website or withdraw access to it at any time without giving you any prior notice. WWF also disclaims any express or implied warranties including, without limitation, warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, reliability or content of these pages.
8. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.
9. Entire agreement
These Terms constitute the entire agreement between you and WWF with respect to the Services and the Website.
10. Governing Law and Dispute Resolution
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, you agree that all matters relating to your access to or use of the Website, the Content and the Trademarks, including all disputes, will be governed by the Swiss law and that any disputes arising from or in connection with the Website and the Services will be exclusively submitted to the Court of Geneva, Switzerland.
If you act as a consumer, in the event of a dispute arising from the interpretation and/or application of the Terms hereof, the court of the place where you are domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event you are not located in Italy, you may refer the matter either to the court of the place where you are domiciled or resident or to the Court of Geneva. Alternatively, according to Section 14 of the EU Regulation 524/2013/UE, you may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr..
11. Personal Data
By registering your personal data upon registration of your user account you declare to have read the WWF’s Privacy Policy (including the use of cookies), available at https://wwf.panda.org/privacy/
12. Transfer of the agreement
WWF is allowed to assign and/or transfer, at any time, in full or in part these Terms to any party.
13. Contact Us
If you have any questions about these Terms, please contact us at contact@earthhour.org.