Waiver and Release

If you have questions about our Terms and Conditions, please contact us at tex@agu.org

Welcome and thank you for using the Thriving Earth Exchange.  This document is a contract between AGU and you as a seeker, solver, or sponsor. Please take the time to read it before continuing to use the Exchange and consenting to this agreement. Because the Thriving Earth Exchange is committed to clarity, accessibility, and the minimum amount of bureaucracy possible, we also provide a layperson’s summary of our terms in the left-hand column.  The layperson’s summary is for convenience, explanation and reference purposes only and is not to be construed in any way as part of the Agreement in the right-hand column.

When you use the Exchange, you’re agreeing to everything below.  1. Introduction
As a voluntary participant in the American Geophysical Union’s (“AGU”) Thriving Earth Exchange (TEX), I understand the scope of this relationship is limited and acknowledge and agree to the following terms upon my registration and posting as a Thriving Earth Exchange Seeker, Solver, or Sponsor.
AGU built the Thriving Earth Exchange to crowd-source community-inspired science. 2. Purpose
The Thriving Earth Exchange’s mission is to bring the power of science to bear on the community challenges.  To achieve that mission, TEX will create a crowdsourcing platform that Seekers can use to post science-based challenges, Solvers can use to submit solutions, and Sponsors can use to fund exploration of solutions. TEX will also create resources and tools to support Seekers, Solvers, and Sponsors and their mutually beneficial interaction.
We have the rights to any media we make in connection with TEX, including media that includes you or uses your submissions. So do you. 3. Media Release
I grant and convey to AGU a perpetual, worldwide, royalty-free and irrevocable right and license to use my name, likeness, voice and actions in any and all photographic images, video or audio recordings of me made by AGU or submitted by me to AGU in connection with my participation in TEX related activities.  In addition, I grant and convey to AGU a perpetual, worldwide, royalty-free and irrevocable right and license to use any media materials I submit to TEX.  AGU also grants me a limited, non-exclusive and royalty-free right and license to use the media materials created by AGU (or derivatives thereof), for my own personal, noncommercial and/or academic purposes subject to the review and approval of the AGU, such approval not to be unreasonably withheld.  I also understand and agree that I may not sublicense such photographic images, video or audio recordings created by AGU, in whole or in part, to any third party without the express written consent of AGU.
We can use all materials you submit to TEX for non-profit and scientific work.  So can you. 4. Intellectual Property/Publication Rights:
By participating in TEX, I grant to AGU a non-exclusive, perpetual, worldwide, royalty-free and irrevocable right and license to display, copy, publish, distribute, transmit, print, modify, edit, perform, adapt, sublicense, re-purpose, create derivative works or otherwise use the data and content created by me arising out of TEX funded work, for any purpose in all languages and in all media now known or developed in the future, as it might apply to not-for-profit sustainable Earth activities, and I agree to not restrict publication of scientific or other articles of interest associated with such work.  The transfer of any proprietary or restricted information necessary to execute TEX projects will be clearly marked as proprietary or otherwise restricted before such transfer or disclosure occurs.
We are not legally liable for your participation in TEX. 5. Waiver and Release
I agree to release and forever discharge and hold harmless AGU, each of its directors, officers, employees and agents, and their respective successors and assigns from any and all liability, claims, and demands of whatever nature which arise from my voluntary participation in TEX.  I understand that this release discharges AGU with respect to body injury, financial injury, personal injury, illness, environmental or property damage that may occur due to arrangements directly with TEX or in TEX activities involving third Parties.
AGU is not responsible if a project or professional relationship that started because of TEX doesn’t go as well as you hoped. Neither are TEX judges. 6. No implied Liability
I agree to release and forever discharge and hold harmless AGU, each of its directors, officers, employees and agents, and their respective successors and assigns from any and all liability, claims, and demands of whatever nature which arise from communications or meetings with other TEX users, agreements entered into as a result of participating in TEX, attempts to implement TEX solutions, or any other activities that are initiated through TEX.  This includes but is not limited to TEX and AGU not being held liable if a winning solution proves ineffective, if a selected Solver doesn’t perform as expected, or if a Seeker-Solver team fails to meet the deliverables articulated by a Sponsor. I agree that the selection of a winning solution (or the decision not to select a winner) does not confer any liability or responsibility to AGU, its directors, officers, employees and agents, and their respective successors and assigns, nor to any of the TEX participants or their respective agents, successors, or assigns, in their capacity as volunteers who judge solutions.
You assume all risks for your well-being.  We aren’t responsible for any harm you might experience while preparing a solution. 7. Assumption of Risk
I understand that in cases where my services and activities may include activities that may involve field work, or use of synthesis of biologics or chemicals that could be harmful to myself or anyone else exposed to them, or other activities with potential for injury or harm, that I undertake the creation of such proposed solutions at my own risk.  I hereby expressly assume the risk of injury or harm from these activities, and release AGU, each of its directors, officers, employees and agents, and their respective successors and assigns from all liability for injury, illness, death, property damage or environmental harm while I am engaged in such TEX related activities.
You will pay us for any losses stemming from your use of TEX, including losses you might cause by submitting material that is not your own. 8.  Indemnification
I agree to defend, indemnify, and hold harmless AGU, each of its directors, officers, employees and agents, and their respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (1) my use of, or participation in TEX; (2) content that violates third party rights, applicable laws or copyright, or misrepresents work as my own; (3), any breach of this Agreement, or (4) any other matter for which I am responsible hereunder or under law.
In the unlikely event of a problem, we will use DC courts and DC law.  If one part of this agreement is invalid, the rest of the agreement still stands. 9. Other
I agree that this Release is intended to be as broad and inclusive as permitted by the laws of Washington DC, that this release shall be governed and interpreted by such laws and that any controversies related to this Agreement or my use of/participation in TEX shall be resolved in the municipal and federal courts of the District of Columbia.  I agree that in the event that any clause of provision of this release is deemed invalid, the enforceability of the remaining provision of this Release shall not be affected.