Terms of Service
This page describes the terms and conditions (“Terms of Service”) governing your use of Postcards from the Future (“the Service”), which is part of Arizona State University’s Climate Imagination Fellowship project. By accessing and contributing content to Postcards from the Future, you agree to be bound by these Terms of Service.
1. Description of the Service.
General Description. The Service is a digital tool that allows users to create postcards and share them via email and social media, and to print postcards. These postcards pair original text created by users with one of a gallery of images offered as part of the Service. Postcards will also be posted and made available publicly through the Postcards from the Future website.
Adults Only. The Service is intended for adults only. You affirm that you are more than 18 years of age.
In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Postcards from the Future will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age.
Right to Modify Service. Postcards from the Future reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by Postcards from the Future or by a user) for any reason, without prior notice or liability.
Changes to these Terms of Service. Postcards from the Future reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, https://climateimagination.org/privacy-policy/#tos.
2. User Conduct
Conditions of Use. As a condition of use, you agree to all of the following:
- You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service.
- You must not harass, threaten, impersonate, or intimidate other users of the Service.
- You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant Postcards from the Future all of the license grants granted herein.
- You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it.
- Postcards from the Future reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of Postcards from the Future at any time, for any or no reason, without prior notice or warning, and without liability.
The Service permits you to share your own text or other digital content (“Content”) with Postcards from the Future, other users, and the public by uploading your Content to the Service. Because you own that Content, we need to license certain rights from you so that we can provide the Service. Content is not necessarily reviewed by Postcards from the Future prior to posting, and does not necessarily reflect the opinions or policies of Postcards from the Future. Postcards from the Future makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you post using the Service.
License Grants. When you post Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant Postcards from the Future a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
Inappropriate Member-Submitted Content. Postcards from the Future prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) Postcards from the Future is not and cannot be responsible for Content posted by users of or visitors to the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
5. Warranty Disclaimers
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Postcards from the Future, the State of Arizona, the Arizona Board of Regents, Arizona State University and their departments, agencies, boards, commissions, universities, officials, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Postcards from the Future makes no warranties or representations about the accuracy or completeness of the service’s content or the content of any sites linked to this service, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service by any third party, and/or (v) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service. Postcards from the Future does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website, or featured in any banner or other advertising, and Postcards from the Future will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
6. Limitation of Liability
You agree that Postcards from the Future, the State of Arizona, the Arizona Board of Regents, Arizona State University and their departments, agencies, boards, commissions, universities, officials, employees, and agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Postcards from the Future without restriction.
The laws of the State of Arizona shall govern this agreement and the courts located in Maricopa County, Arizona, shall have jurisdiction over its subject matter.
Pursuant to Section 12-1518 of the Arizona Revised Statutes, the Parties acknowledge and agree that they will be required to make use of mandatory arbitration of any legal action that is filed in the Arizona Superior Court concerning a controversy arising out of this Agreement if required by Section 12-133 of the Arizona Revised Statutes.
1. What this Policy Covers
This policy covers our treatment of information that we obtain when you visit Postcards from the Future. This policy does not cover the privacy practices of third parties that we do not own or control, such as our partners or advertisers. In addition we may provide links to other services and on occasion links to other sites that may interest you. All of these sites own independently of Postcards from the Future and they have their own privacy and security practices. For your best online experience, we encourage you to review their privacy policies before submitting personal information to them.
2. Information Postcards from the Future Gathers
Information Postcards from the Future gathers generally falls into two categories: (1) personally identifiable information, which is gathered with your specific knowledge and consent, for instance, when you create a postcard using our service, you are asked to provide information such as your email address and name; and (2) non-personally identifiable information collected through technology, which includes tracking information collected as you navigate use of Postcards from the Future.
2.1 Personally Identifiable Information
When you create a postcard using Postcards from the Future, you will be asked to enter your name and email address. You will also be asked to elect whether your postcard can be presented publicly. Your name and email address will be stored by our site, and may be used to contact you about your submission. Your name may be used in combination with public display of your postcard.
If you elect to make your postcard public, your postcard will be publicly displayed on the Postcards for the Future website, and may be used in other media, as stipulated in our Terms of Service.
If you elect not to make your postcard public, your name and email address will still be stored, but your postcard will not be publicly displayed on the Postcards for the Future website or in other media.
If you decide to send the postcard to another recipient using Postcards from the Future, you will be asked to enter their name and email address. That information will not be stored on our site or used, except to send the postcard to your designated recipient.
When you create a postcard, you will also be asked if you would like to join the Center for Science and the Imagination’s mailing list. If you respond “yes” to that question, you will receive future email communication from the Center for Science and the Imagination at Arizona State University about projects, events, publications, and other opportunities.
2.2 Non-Personally Identifiable Information Collected Using Technology
Device Information. We may collect information about the computer, mobile telephone, smartphone, or other device you use to access Postcards from the Future.
3. How Postcards from the Future Uses the Information We Gather
We will not share your personally identifying information with anyone without your prior consent. If you elect to make your postcard public, the name you enter into the Postcards from the Future website may be used alongside presentations of your contribution across a variety of media.
4. Legal Information
Legal Requirements. We may provide access to our databases to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal proceedings.
5. Special Note for Our International Visitors
Postcards from the Future’s website is intended for and directed to users in the United States. If you are accessing the Postcards from the Future website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of the Postcards from the Future website which is governed by U.S. law, this Privacy Notice, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.