THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING CLIMATESTATE.COM. – PLEASE READ THEM CAREFULLY BEFORE YOU USE CLIMATESTATE.COM.
Last updated: June 5th, 2024
1. Acceptance of Terms ClimateState.com, including all site-related content and services (collectively, the “Site”) is provided by Climate State (“we,” “us”). Your use of the Site is subject to your compliance with the terms and conditions set forth in this Terms of Service agreement (“Terms”), which supplement any additional guidelines or other terms posted by us in relation to specific Site-related services or content.
We reserve the right to update or modify the Terms without advance notice by posting a revised Term to this website. Visitors to the Site (“you,” or “Bloggers”) can determine whether the Terms has been modified since your last visit by checking the “Last updated” legend at the top of the Agreement. By using the Site, you agree to be bound by the version of the Terms then in effect. We may deny service to you at any time and in its sole discretion, including, in the event you do not adhere to the Terms, including the Site Community Rules set forth below.
2. Purpose of the Site With the Site, ClimateState.com seeks to provide a place to advance knowledge about Global Warming and related Policies – with the scope to encourage combating climate change.
3. Submissions. a. Submissions to Most Site Areas: We welcome you to post content (in particular video links) and views to the Site through our comments section or other feature that we may provide, subject to your agreement to comply with these Terms and acknowledgement of our Privacy Policy.
Please be aware that in order to operate the Site or redistribute materials you post to the Site or otherwise submit to us, we require certain rights in those materials. So, by posting to the Site or otherwise transmitting comments, pieces, ideas or other information in any form including visual or audio data (collectively, “Submissions”) to us, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any Blogger to access, display, view, store and reproduce such Submissions for personal use.
You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content. If we republish your content, we may provide authorship credit by listing your name as well.
Although Climate State has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (a) monitor the Submissions; (b) alter, edit, or remove any Submission in whole or in part; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms.
b. Submissions Through the Site: If you choose to submit your post, you are agreeing to the additional terms and conditions set forth in this Section.
• We may suggest revisions or edits for you to make prior to publication. We may also have questions for you to answer prior to posting. You agree to cooperate in good faith with Climate State to make such revisions and respond to any questions.
• Climate State has no obligation to return any content to you.
4. Site Community Rules We have adopted the “Site Community Rules” set forth below to create a platform where information can be shared in a productive way. While using the Site, you agree to adhere to the Site Community Rules below.
You agree to: • Respect, do not threaten, insult, abuse, intimidate or harass other site users. • Use the site for your personal use only.
You agree not to: • Post any private information, or otherwise harvest, collect or disclose information, about another Site user without his or her express consent. • Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups. • Post any death threats. • Post any content to the Site that infringes any third-party’s intellectual property or other rights. • Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability. • Use the Site for advertisements, chain letters, “spamming,” survey solicitations, junk mail or solicitations. • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity. • Imply that Climate State endorses any of your statements or positions. • Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Site, or otherwise “hack” or deface any portion of the Site. • Frame or mirror any part of the Site without our prior written authorization.
You acknowledge that Climate State has the right, but not the obligation, to modify or remove, any Submissions that violate the Site Community Rules or that otherwise violate the Terms.
5. Climate State’s Proprietary Rights and Re-Use Policy You acknowledge and agree that the information and materials presented on or through the Site will remain the property of Climate State and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by Climate State (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of Germany and other countries. Article content published by author Chris Machens is released under the creative commons license CC BY-2.0.
The trademarks, service marks, logos and trade names displayed on the Site (collectively the “Brands”) are the registered and unregistered trademarks of Climate State, Climate State’s licensors and suppliers, and others. All Brands on the Site not owned by Climate State are the property of their respective owners. All content not owned by Climate State (such as reposts, article excerpts or article images) are the property of their respective owners. The Brands owned by Climate State, whether registered or unregistered, may not be used in connection with any product or service that is not Climate State’s.
Please review our Re-Use Policy, which is incorporated into this Terms by this reference, to determine how you may use certain materials posted to the Site.
6. Your Additional Representations and Warranties You represent and warrant to Climate State that (a) you have full power and authority to enter into this Terms; (b) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignments granted herein without obtaining any further releases or consents; (c) your Submissions do not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory; and (d) you are eighteen years of age or older. If you are under 18 years of age, your parent or legal guardian must submit your Submissions on your behalf.
7. Information Available on or Through the Site Some information made available on or through the Site is provided by third parties (such as news services) or other Bloggers (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Climate State of such Third-Party Content, or of any opinion, advice, or other information made or displayed on the Site by any user or other third party. Climate State is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
8. Links The Site provides links to other websites and resources. Because Climate State has no control over such sites and resources, you acknowledge and agree that Climate State does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, or for the availability of such external sites or resources. Climate State is providing these links to you only as a convenience. Climate State shall have the right, but not the obligation, at any time and in its sole discretion, to block links from or to the Site through technological or other means, without prior notice.
9. Claims of Copyright Infringement The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Climate State infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent by email to info @ climatestate.com.
10. Privacy Policy Visit our Privacy Policy page.
11. Access By Minors The Site is intended for visitors aged 18 and up. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
12. Jurisdictional Issues The Site is controlled and operated by Climate State, Germany, and is not intended to subject Climate State to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Site do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.
13. Termination You agree that Climate State, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including if Climate State believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that Climate State shall not be liable to you or any third party for any termination of your access to the Site.
14. Disclaimers THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLIMATE STATE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE.
The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms (including the Rules of Conduct above). Additionally, the possibility exists that a third party could make unauthorized alterations to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.
15. Limitation of Liability NEITHER CLIMATE STATE NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE (URL) OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE(URL) IS TO STOP YOUR USE OF IT.
16. Indemnification You agree to defend, indemnify and hold harmless Climate State and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from (a) your activities in connection with the Site; and (b) any violation of these Terms by you, including breach of any representations or warranties made by you in this Terms.
17. Miscellaneous These Terms are governed by and construed in accordance with the laws of the State Charlottenburg Berlin, Germany, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the State of Berlin, Germany, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the Site or these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Climate State may assign its rights and obligations under these Terms. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
18. Questions If you have any questions or feedback about these Terms of Use or the Site, feel free to contact us.
