Terms of Use

Welcome to the website of 100 Resilient Cities.  These terms of use (“Terms of Use”), which includes our Privacy Statement, sets forth the terms and conditions for your use of the website we operate at www.100resilientcities.org (“Our Site”).  We may change these Terms of Use (including the Privacy Statement) from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may post a special notice of the changes on our home page.  By continuing to use Our Site after we have posted an updated Terms of Use, you agree to the updated Terms of Use.

Please read these Terms of Use carefully, because by using Our Site, you agree to be bound by and comply with its terms and conditions.  If you do not consent to these Terms of Use, you may not use Our Site.

Copyright

Material displayed on Our Site (“Site Content”) is protected by copyright law.  Unless expressly provided otherwise on Our Site, you may download a single, machine-readable copy of Site Content for your personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content.  If you wish to use Site Content in any other manner, please contact us for permission at: info@100resilientcities.org.

Trademarks

“100 Resilient Cities,” “100 RC” and other trademarks, service marks, logos, and other indicia of source featured on Our Site belong to 100 Resilient Cities (“Our Trademarks”).  You may not use Our Trademarks without our written authorization.  Additionally, you may not use Our Trademarks (or any words or logos that may be confusingly similar to Our Trademarks):  (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that disparages or discredits us.  You may not register any domain names containing any of Our Trademarks without our prior written consent in each case.

User Content

Our Site may offer features that allow you to submit and share comments, questions, answers, information,  works of authorship, and other materials (collectively, “User Content”).

If you submit User Content to Our Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use your name and likeness and the names, likenesses, and other information you submit as part of User Content; and to identify User Content with our description or additional information.  When you submit any User Content, you represent and warrant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including to any third-party material included in User Content and from any individual depicted in User Content; (C) the User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of User Content; and (E) no User Content contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.

You irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members, and executors) 100 Resilient Cities, the Rockefeller Foundation, and Rockefeller Philanthropy Advisors (and their respective affiliates, members, managers, directors, officers, employees, and agents) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of your use of Our Site or our use of any User Content or your name, likeness, or other identifiable traits in connection with User Content.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”  If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.

You are solely responsible for any User Content you submit to Our Site.  We do not endorse or adopt any User Content.  We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone.  We have no obligation to display or otherwise use any User Content in any way and have the right to delete, modify, or supplement User Content at any time for any reason without notice to anyone.   We may restrict you from submitting new User Content or from otherwise participating in Our Site’s interactive features for any reason at any time.  We are not responsible for any failure or delay in removing User Content that does not comply with these Terms of Use.

Conduct on Our Site

We value a diversity of viewpoints and expect users of Our Site to exhibit the same level of respect for others on Our Site as they would in any community forum.  All users must practice discretion and maintain civility on Our Site.

Accordingly, you may not (A) submit or otherwise make available on Our Site any User Content or other material that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics, or otherwise objectionable or inappropriate; (B) submit any User Content or other information that you do not have the right to submit or that violates another party’s right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam, or bulk email, or any advertising or other form of communication that violates these Terms of Use or any law or regulation; or (D) submit or otherwise make available on Our Site any User Content or other material that contains any computer code, file, or program designed to interrupt, corrupt, destroy, or otherwise interfere with or limit the functionality of any software, hardware, or equipment, make any unauthorized transmission, or cause any other effect that might reasonably be considered undesirable.

Disclaimers

OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT ON OUR SITE OR SERVICES AVAILABLE THROUGH IT OR THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE AND OUR SERVICES. IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

100 RESILIENT CITIES AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL 100 RESILIENT CITIES OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS OF USE, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) 100 Resilient Cities and its members, managers, officers, employees, agents, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of your use of Our Site or violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

Links, Frames and Metatags

You may not frame the content of Our Site on any other web site unless you first obtain our express and prior written consent in each case. You may not use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name without our express and prior written consent.

Links to Third-Party Web Sites

Our Site may contain links to web sites controlled by third parties (“Third-Party Web Sites”). We are not responsible for Third-Party Web Sites or their content or activities or privacy practices. Any information you share or actions you take on Third-Party Web Sites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on Our Site does not imply our endorsement of Third-Party Web Sites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Web Sites.

Termination

We reserve the right to terminate Our Site, these Terms of Use, and any services offered through Our Site at any time without notice, for any reason, including because of your violation of any of these provisions. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms of Use (along with any other provision that by its terms contemplates survival) survive any termination of these Terms of Use.

General

These Terms of Use, which includes the Privacy Statement below, is the complete agreement between you and 100 Resilient Cities regarding your use of Our Site and is governed by the laws of the State of New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of Our Site and these Terms of Use exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. If a court of competent jurisdiction determines that any provision of these Terms of Use is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms of Use).

Questions

Please email us at info@100resilientcities.org with any questions you may have about these Terms of Use, including the Privacy Statement.