Terms of Service

Terms of Service

 

ACCEPTABLE USE POLICY

April 10, 2024

  1. Introduction

1) This document outlines the Acceptable Use Policy (Use Policy) under which you, the user (You) may access the content and functionality of the website accessible at www.4oceanfoundation.org (the “Website”) relating to 4ocean Charitable Foundation's (“4ocean Foundation”, “Us,” “We”). The Policy is applicable to 4ocean Foundation’s network of websites, including www.4oceanfoundation.org and its affiliated websites (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by 4ocean Foundation; all apps published by 4ocean Foundation; and all other interactive features, services, and communications provided by 4ocean Foundation, however accessed and/or used, that are operated by Us, made available by Us, or produced and maintained by Us.

2) This is a legal agreement between You and Us and states the material terms and conditions that govern your use of the Website. By accessing the Website at www.4oceanfoundation.org, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS WEBSITE. The materials contained in this website are protected by applicable copyright and trademark law.

3) The Website provides information concerning 4ocean Foundation's mission and donations. The Website allows its users to provide personal data, including but not limited, to personal information, including name, physical address, e-mail address, and telephone number. The Use Policy includes a Privacy Policy (“Privacy Policy”) which can be accessed at the Website and is incorporated herein by reference. Please read the Use Policy and Privacy Policy carefully. If You do not meet the Eligibility requirements stated below, You are not permitted to use the Website.

4) The Use Policy and Privacy Policy may be revised from time to time by 4ocean Foundation. The revised Use Policy and Privacy Policy will be posted by 4ocean Foundation on the Website as they become available. Please review the Use Policy and Privacy Policy periodically as they are applicable to all users of the Website. You hereby agree to review at first opportunity any modification or revision to the Use Policy and Privacy Policy and You further agree to be bound by any modification or revision of the Use Policy and Privacy Policy made by 4ocean Foundation.

  1. Eligibility

You must be at least 18 years old of age or older to visit and use the Website. If You are not at least 18 years old, You must be at least 16 years old and have a parent’s or legal guardian’s permission to visit and use the Website.

By accessing and using the Website, You represent and warrant to 4ocean Foundation that You are either at least 18 years of age or if not, that You are at least 16 years of age and have Your parent’s or legal guardian’s permission to visit and use the Websites, and that You have the capacity and authority to abide by the Use Policy and Privacy Policy.

4ocean Foundation does not knowingly collect information from children under the age of 13. If you are under the age of 13, do not use this Website and do not submit any personally identifiable information to 4ocean Foundation.

You also represent to 4ocean Foundation that You will not use the Website in a manner inconsistent with applicable laws and regulations in your jurisdiction.

  1. Registration and User’s Account

In order to access some portions of the Website, You may be required to create an account. You may never use an account of another user without the express written permission of that account holder and 4ocean Foundation. When creating your account, You must provide accurate and complete information. The information You submit will be used in accordance with the Privacy Policy. You are solely responsible for the activity that occurs on Your account, and You must keep Your account user name and password secure. You must notify 4ocean Foundation immediately of any breach of security or unauthorized use of Your account. You may not share your user name, password, or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Website registration, user name, and password, whether or not authorized by You. You agree to immediately notify 4ocean Foundation of any unauthorized use of Your account, profile, user name, or password, as the case may be. You understand and acknowledge that You have no ownership rights in Your Website accounts, and, if You cancel Your account, all of Your account information may be deleted from the Website databases at the discretion of 4ocean Foundation.

  1. User’s Restrictions

You may not use the Website in order to transmit, post, distribute, store, or destroy material, including without limitation, any type of material that:

violates any applicable law or regulation; infringes in any manner the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others; is defamatory, obscene, threatening, abusive or hateful.

You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:

accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website; overloading, "flooding", "spamming", "mail bombing" or "crashing"; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil and/or criminal liability. 4ocean Foundation may investigate occurrences which may involve such violations and may obtain the support of, and cooperate with, law enforcement authorities in prosecuting users who are associated with such violations.

  1. Specific Authorized and Prohibited Uses

You are solely responsible for Your account information, profile, content, and other information that You submit, post, upload, share or store on the Website (“Content”), and You are responsible for the consequences of their posting on or through the Website. You agree that in submitting Content or otherwise using the Website that You will not impersonate any person, or submit any materials or Content to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under this Use Policy. You also hereby represent that the information and Content You submit, post, upload, share, or store is true and correct and that any representations made by You are true and correct. 4ocean Foundation reserves the right to expel users and prevent their further access to the Website for violating the Use Policy or applicable laws, rules ,or regulations.

Permission is granted to temporarily download one copy of the materials on 4ocean Foundation’s Website for personal, non-commercial transitory viewing only. This is the grant of a temporary, revocable, and non-transferable license, not a transfer of title, subject to the restrictions of use as specified herein.

4ocean Foundation specifically prohibits any other use of the Website, and all users agree not to do any of the following:

notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website;

decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;

transmit or transfer (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of United States of America export control laws;

copy or duplicate in any manner any of the Website material without the express prior written consent from 4ocean Foundation (except for Your own personal non-commercial use to assist You in using the Website in accordance with this Use Policy, in which case 4ocean Foundation grants You, and You hereby accept, a limited, non-exclusive, revocable, royalty free license to aggregate, copy, or duplicate the Website material for such limited stated purpose);

frame or link to any information available from the Website;

circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website material or enforce limitations on use of the Website or the material therein.

You agree not to alter or modify (or attempt to alter or modify) any part of the Website and not distribute in any medium any part of the Website material without 4ocean Foundation's prior written authorization.

If You believe that any material and Content posted on the Website or accessible through the Website violates this Use Policy, please contact our designated agent set forth in Section R below.

The temporary, revocable, and non-transferable license shall automatically terminate if You violate an of these restrictions and may be terminated at any time by 4ocean Foundation. Upon terminating your viewing of these materials or license, You must destroy any downloaded materials in your possession whether in electronic or printed format.

If notified by a user of any materials and Content which allegedly do not conform to this Use Policy, 4ocean Foundation may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the material. 4ocean Foundation has no liability or responsibility to the users for performance or nonperformance of such activities.

4ocean Foundation reserves the right, for any reason and at any time, in our sole discretion and without notice to You, to terminate, change, suspend, or discontinue any part of the Website, including but not limited to information, data, text, music, sound, photographs, graphics, video, messages, or other materials, features, and/or hours of availability, and 4ocean Foundation will not be liable to You or any third party for doing so. We may also impose rules for and limits on use of the site or restrict Your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

  1. Account Termination Policy

4ocean Foundation may terminate the account of any Website user who violates the terms of this Use Policy, including but not limited to, the provisions of Section E above. 4ocean Foundation reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.

  1. Ownership

The trademarks, service marks, logos, content, and material, including all test, imagines, and the html used to generate the pages, provided by 4ocean Foundation ("4ocean Foundation Property") on the Website, are owned by or licensed to 4ocean Foundation, subject to copyright, patent, trademark, and other intellectual property rights under United States and/or foreign law. 4ocean Foundation grants You a non-exclusive, non-transferable, limited right to access, use and display www.4oceanfoundation.org and the materials thereon for Your personal use only, provided that You comply fully with these terms.

By using or accessing the Website, You acknowledge 4ocean Foundation's rights in and to the 4ocean Foundation Property and You agree not to challenge or contest such rights and not to remove, deface, copy, resell, manipulate, exploit, create derivative works, republish, upload, edit, post, transmit, or distribute in any way whatsoever, or modify the 4ocean Foundation Property or any part of www.4oceanfoundation.org for any commercial purposes without the prior written consent of 4ocean Foundation. Your use of 4ocean Foundation Property is subject to the terms of this Use Policy.

You retain all ownership rights in Your Content. You provide and 4ocean accepts a limited, non-exclusive, world-wide, royalty free license to use the Content to provide You access to and use of the Website.

  1. Agent to Receive Intellectual Property Infringement Claims

If You believe that Your copyrighted work or trademark has been uploaded, posted, stored, or copied to the Website and is accessible in a way that constitutes an act of copyright or trademark infringement, please contact 4ocean Charitable Foundation, Attention: 4ocean, Legal Dept., 3600 FAU Boulevard, Boca Raton, FL 33431, or send an email to info@4oceanFoundation.org.

Please include in Your correspondence:

(1) Description of the copyrighted work claimed to have been infringed;

(2) Identification of the allegedly infringing material on the Sites including the URL where the material is available or a copy of it;

(3) The name, address, daytime telephone number, and an email address of the person submitting the notice, so that We may contact You;

(4) A statement in “good faith belief” that the use of the work is not authorized by the copyright owner, its agent, or the law;

(5) A statement that all of the information in the notification is accurate and, under penalty of perjury, that the signatory is the copyright owner or authorized to act on behalf of the copyright owner; and

(6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf.

  1. Donations

Donations made to 4ocean Foundation are non-refundable. If You wish to make a donation through the Website, You may be asked to supply certain information relevant to the donation, including without limitation payment information and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, You grant Us or the Third Party collecting that information on Our behalf the right to provide such information to third parties for the purposes of facilitating the completion of the donation initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgement or completion of any donation.

  1. Limitation of Liability and Damages

4ocean Foundation cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a user from the Website shall create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,  SHALL 4OCEAN FOUNDATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THE AGREEMENT) ARISING FROM THE USE OF INABILTY TO USE THE WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY, EVEN IF 4OCEAN FOUNDATION HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL 4OCEAN FOUNDATION’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR DONATIONS, WHETHER IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY DONATED TO 4OCEAN BY YOU THAT IS THE SUBJECT OF THE CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST 4OCEAN FOUNDATION SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU (OR THE THIRD PARTY WHO MADE SUCH DONATION ON YOUR BEHALF) AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY.

 

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 4OCEAN FOUNDATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION , RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED BY 4OCEAN FOUNDATION ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 4OCEAN FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE MATERIAL OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIAL ON THE WEBSITE, (II) PERSONAL INJURY (EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN SECTION J ABOVE) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY WEBSITE MATERIAL. 4OCEAN FOUNDATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY OR ANY WEBSITE HYPERLINKED OR FEATURED ON THE WEBSITE, AND 4OCEAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS

Third Party Links:

4ocean Foundation has not reviewed all of the sites linked to its Website and is not responsible for their content. 4ocean Foundation is not necessarily affiliated with sites which may be linked to or from www.4oceanfoundation.org or the multimedia piece (the “Linked Sites”). The inclusion of any links does not imply endorsement by 4ocean Foundation of the site. Links from www.4oceanfoundation.org to the linked sites are for Your convenience only and You can access them at Your own risk.

Permission must be granted by Us for any type of link to the Website. To seek our permission, You may write to Us at the address below. We reserve the right, however, to deny any request or rescind termination of any such link to the site, at our discretion at any time.

  1. Indemnity

You agree to defend, indemnify and hold harmless 4ocean Foundation, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of the Use Policy; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy license or right. This defense and indemnification obligation will survive the Use Policy and Your use of the Website.

  1. Assignment

The terms of this Use Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 4ocean Foundation without restriction.

  1. Jurisdiction and Disputes

Except where and to the extent prohibited by law, by using the Website You agree that, if there is any controversy, claim, action, or dispute arising out of or related to Your use of the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), You shall first try in good faith to settle such Dispute by providing written notice to 4ocean Foundation describing the facts and circumstances of the Dispute and allowing 30 days for 4ocean Foundation to respond to or settlement the Dispute.

Notice can be sent to: 4ocean Charitable Foundation, Attention: Legal Dept., 3600 FAU Boulevard, Boca Raton, FL 33431.

You agree that this dispute resolution process is a condition that must be satisfied before initiating any other action or filing any claim.

Any Dispute or claim arising from or relating in any way to Your use of the Website, or to donations made through the Website that cannot be resolved between the Parties will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this Use Policy. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret and apply the terms of this Use Policy just as a court would. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You waive any right to a jury trial. You also agree that either Party to this Agreement may bring suit in court to seek injunctive relief for infringement or other threatened or actual violation of intellectual property rights. 

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to 4ocean Charitable Foundation, Attention: Legal Dept., 3600 FAU Boulevard, Boca Raton, FL 33431. The arbitration will be conducted by and under the rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Boca Raton, Florida, or at another mutually agreed location.

Any claim or cause of action You may have with respect to 4ocean Foundation or the Website must be commenced within one (1) year after the claim or cause of action arose.

  1. Designated Agent

All notices and communications with respect to the Use Policy are to be directed in writing by e-mail to Legal@4oceanfoundation.org.

  1. Contact Information

If You need to contact Us for any reason not otherwise provided above, our address is 4ocean Charitable Foundation, 3600 FAU Boulevard, Boca Raton, FL 33431; e-mail: info@4oceanfoundation.org.

 

  1. User Submissions

We welcome Your comments and feedback about the Website. In some places the Website may enable You to upload, store, and send content such as photographs, images, suggestions, ideas, comments or other communications (collectively, “User Submissions”). When You send User Submissions to us, whether through the Website, social media, email, phone, postal mail, or otherwise, You give to 4ocean Foundation permission to reproduce and use Your User Submissions as follows: You grant to Us and those We work with a license without restriction to use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, copy, host, store, publicly perform, and publicly display the User Submissions in any medium now known or later developed.

You should not submit any User Submissions to Us that You do not wish to license to us. Our license to Your User Submissions is non-exclusive, meaning You may use the User Submissions for Your own purposes or let others use Your User Submissions for their purposes. This license is royalty free, meaning We do not owe You any compensation in connection with our use of Your User Submissions. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after You stop using the Website. 4ocean Foundation is under no obligation: (1) to maintain User Submissions in confidence; (2) to pay compensation for User Submissions; (3) to respond to User Submissions; or (4) to use User Submissions. You grant 4ocean Foundation the right to use the name You submit with Your User Submissions.

You agree that Your User Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that Your User Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any User Submissions. You agree to clearly and conspicuously disclose if You received compensation or other incentive of any kind, from any source, in exchange for posting User Submissions. You are solely responsible for any User Submissions You make and their accuracy. 4ocean Foundation takes no responsibility and assumes no liability for any User Submissions posted by You or any third party.

User Submissions do not represent the views of 4ocean Foundation or any individual associated with 4ocean Foundation, and we do not control this content. 4ocean Foundation does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 4ocean Foundation expressly disclaims any and all liability in connection with User Submissions. In no event shall You represent or suggest, directly or indirectly, 4ocean Foundation’s endorsement of User Submissions. 4ocean Foundation does not vouch for the accuracy or credibility of any User Submissions on our Website, and does not take any responsibility or assume any liability for any actions You may take as a result of reading User Submissions on our Website.

  1. General Information:

These terms constitute the entire agreement between You and 4ocean Foundation and govern Your use of the Website, superseding any prior agreements between You and 4ocean Foundation. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between 4ocean Foundation and You as a result of this Agreement or Your use of the Website or donation to 4ocean Foundation.

The failure of 4ocean Foundation to exercise or enforce any right or provision of the terms shall not constitute a waiver of such rights or provisions. If any of the provision of the terms if found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.

The terms inure to the benefit of 4ocean Foundation’s successors, assigns, and licensees.

  1. Disclaimer:

The ratio of one donated dollar to one pound of trash removed is an approximation based on total donations received and total trash removed from the ocean by 4ocean Foundation within 12 months of the period of time that the donation was received. Some of the trash that has been allocated to the 4ocean Foundation one pound per one donated dollar pledge throughout this Website may not have been removed straight from the ocean but from a coastline and is considered ocean-bound trash. 4ocean defines the term "Trash" as any man-made material that does not belong in the ocean and is damaging to the environment.