TERMS OF USE

Last revised: May 26, 2020 Welcome to digdeep.org, a non-profit website. DigDeep defends your right to water, providing users with an online tool for education and advocacy, including the ability to donate or fundraise toward programs that close the Water Gap in the U.S. Users may create a profile and campaign that allows them to use their own talents and networks to fundraise to protect water rights. Within this fundraising portal, users can upload and share messages, video, photos, links and other media related to their campaign. They can also share personal information and opinions, and establish relationships with other users.

This website and its services (collectively, “Website”) are provided by The DigDeep Right to Water Project (“DigDeep” or “DigDeep Water”).

digdeep.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). These Terms constitute a legally binding agreement made by and between DIGDEEP and you (“user” or “you’), and it governs this Website. By using this Website, you agree to these Terms. If you do not agree, you do not have permission to use the website.

1. PRIVACY

Your use of the Website is subject to DigDeep’s Statement of Privacy. Please review our Statement of Privacy, which also governs the Website and informs users of our data collection practices. You can find DigDeep’s Statement of Privacy in the footer.

2. POLICIES, CONDITIONS AND APPLICABLE LAW

You must comply with all of these Terms, and all rules, regulations and policies stated on DigDeep’s Website, including our Privacy Policy and Frequently Asked Questions, and all applicable laws, regulations and rules.

3. ELECTRONIC COMMUNICATIONS

Visiting this Website or sending emails to DigDeep constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

4. YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DigDeep is not responsible for third party access to your account that results from theft of misappropriation of your account. DigDeep and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

DigDeep does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Website only with permission of a parent or guardian. Your use of this Website constitutes a representation that you are 18 years of age or older, or that you are between the ages of 13 and 18 and under the supervision of a parent or guardian. DigDeep’s Website may only be used by users who can form legally binding contracts under applicable law.

digdeep.org may contain links to other websites (“Linked Sites”). Please note that when you click on an external link, you may be visiting another website. The Linked Sites are not under the control of DigDeep and DigDeep is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You visit these sites at your own risk. DigDeep is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement buy DigDeep of the site or any association with its operators.

Certain services made available via digdeep.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the digdeep.org domain, you hereby acknowledge and consent that DigDeep may share such information and data with any third party with whom DigDeep has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

6. NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY

DigDeep’s Website was built to facilitate education and fundraising in support of the human right to water. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to DigDeep that you will not use the Website for any purpose that is unlawful of prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

All content included as part of the Service, such as text, graphics, logos, images, video, sound, as well as the compilation thereof, and any software used on the Website, is the property of DigDeep or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website except for your personal use and in keeping with the Website’s Creative Commons License. DigDeep content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for non-commercial and personal use, and will make no other use of the content without the express written permission of DigDeep and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DigDeep or our licensors except as expressly authorized by these Terms.

Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by DigDeep may appear on this Website, for example on a blog, or in a user’s own post on a profile or campaign page. When such materials appear, appropriate credits and notices may be displayed. We respect the copyrights of others and our users must do the same. If you have evidence, knowledge or good faith belief that your rights or those of a third party have been violated and you want DigDeep to delete, edit or disable the material in question, you must provide the following information:

A physical or electronic signature of the owner of the exclusive right that is allegedly in fringed, or of a person authorized to act on behalf of the owner, identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are referenced by the same notification, a representative list of such works, information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted, a statement that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and a statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

PO Box 26779 Los Angeles, CA 90026 Tel: (424) 285-0773

Notwithstanding the above, DigDeep will not be liable to you for our failure to remove the infringing material of third parties.

7. USE OF COMMUNICATIONS SERVICES

The Website may contain bulletin board services, news groups, forums, communities, personal web pages, profiles, campaign pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

The privacy and safety of our users is important to us. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents in writing; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer; interfere with the normal functioning of the Website including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about other users, DigDeep, or the DigDeep Website, manually or through an automatic process, including e-mail addresses; assist any third party engaged in activities that violate these Terms; violate applicable laws or regulations.

DigDeep has no obligation to monitor the Communication Services. However, DigDeep reserves the right to review materials posted to a Communication Service, and to remove any materials in its sole discretion. DigDeep reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DigDeep reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in DigDeep’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. DIGDEEP does not control or endorse the content, messages or information found in any Communication Service. Managers and hosts are not authorized DigDeep spokespersons, and their views do not necessarily reflect those of DigDeep.

Materials provided to a Communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

8. MATERIALS PROVIDED TO DIGDEEP.ORG OR POSTED ON ANY DIGDEEP WEB PAGE

By providing materials to digdeep.org by posting, uploading, inputting or submitting them to any DigDeep Website or our associate’s services (collectively, “Submissions”), you grant DigDeep a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license under all intellectual or other proprietary rights whatsoever. By posting, uploading, imputing, providing or submitting your Submission you are granting DIGDEEP, our affiliated companies, our affiliated charities and necessary sublicensees permission to use your Submission in connection with the operation of their activities including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. DigDeep is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DigDeep’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you won or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit Submissions.

All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Website (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

9. THIRD PARTY ACCOUNTS.

You may be able to create or link your DigDeep account to third party accounts, for example by using Facebook Connect or Twitter Connect services. By doing so, you are asking the third party to provide us with limited information from your profile. This information is protected under DigDeep’s Statement of Privacy in the same way we treat any other personal information you may choose to share. By connecting your DigDeep account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. Please be aware that when you use a third party site or application to share, distribute, comment upon, or endorse any content on the Website, that conduct is also governed by the terms of use of the third party site itself.

If you register, you agree to provide true, accurate and complete information about yourself. You also agree to update registration information, or your Facebook or Twitter profile, to maintain its truth, accuracy and completeness.

When you create or link your DigDeep account to a third party account, you may not use the e-mail address, account, username, or password of another person at any time.

10. INTERNATIONAL USERS

The Service is controlled, operated and administered by DigDeep from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use DigDeep Content accessed through digdeep.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Donations to DigDeep are accepted in US Dollars only, and any donation received from an international source is not-tax deductible, and will not be issued a tax receipt upon completion.

11. PAYMENTS

You will solely responsible for any taxes arising from, related to or connected with your use of this Website. DigDeep has the right to charge you through PayPal, Stripe or a similar payment service for any taxes that we are required to pay or in fact collect.

12. TAX-DEDUCTIONS AND RECEIPTS

When you make a payment to DigDeep through the donation or fundraising portals, we will automatically generate and send a tax-receipt to the email address you provided at the time of payment. This receipt will note any relevant tax-deduction information. You are solely responsible for maintaining a copy of this receipt for tax purposes.

13. REFUNDS

All payments, including those made through the donation or fundraising portals on this Website, are non-refundable.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless DigDeep, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DigDeep reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DigDeep in asserting any available defenses.

15. FORCE MAJEURE

DigDeep will not be liable for failing to perform under these Terms by the occurrence of any event beyond our reasonable control, including, without limitation, war, virasl outbreak, fire, terrorism, natural disaster, labor disturbance, internet outage or interruption of service, a communications failure or the failure of a service provider to perform.

16. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBTIE MAY INCLUDE INACCURACIES OR TYPOGRPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE DIGDEEP RIGHT TO WATER PROJECT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

THE DIGEEEP RIGHT TO WATER PROJECT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EFFECT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE DIGDEEP RIGHT TO WATER PROJECT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DIGDEEP RIGHT TO WATER PROJECT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DIGDEEP RIGHT TO WATER PROJECT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCEDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

17. TERMINATION / ACCESS RESTRICTION

DigDeep reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DigDeep as a result of this agreement or use of the Website. DigDeep’s performance of this agreement is subject to existing laws and legal processes and nothing contained in this agreement is in derogation of DigDeep’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DigDeep with respect to such use. If any part of this agreement is determined to be invalid of unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DigDeep with respect to the Website and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DIGDEEP with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

18. CHANGES TO TERMS

DigDeep reserves the right, in its sole discretion, to change the Terms under which digdeep.org is offered. The most current version of the Terms will supercede all pervious versions. DigDeep encourages you to periodically review the Terms to stay informed of our updates.

We welcome any and all questions and comments related to these terms. You my send them via mail, email or telephone (normal business hours, PST).

Address: PO Box 26779 Los Angeles, CA 90026 Email: info@digdeep.org Phone: 424 285 0773

These Terms are effective as of August 01, 2012.