Terms of use

These Terms of Use are an important legal document which is legally binding. You should read this document before accessing our website or participating in the activities which are proposed therein.

Introduction

This document is the Terms of Use of the for Tomorrow website. for Tomorrow is a project offered by the United Nations Development Programme and the HYUNDAI MOTOR COMPANY as per the terms of their Framework Cooperation Agreement (FCA) and Pro-Bono Agreement (PBA). The intellectual property relevant to the for Tomorrow website, project, content and program is owned by the HYUNDAI MOTOR COMPANY, as per the terms of the PBA. The HYUNDAI MOTOR COMPANY is sponsoring the for Tomorrow website, project, content and program and to assume the expenses relevant to the for Tomorrow website, project, content and program.

These Terms of Use are for visitors and participants who access and use the Internet websites listed below (“for Tomorrow Sites”).

You should also read our Privacy Policy, IP Policy, Cookie Policy and Contributions Policy available via the authorized links on the for Tomorrow Site. These policies apply to your access and use of the for Tomorrow Sites and the for Tomorrow Services. Our Privacy Policy applies to you if you visit any of our sites, use any of our services (such as if you submit a project, or support or comment on a project), or otherwise correspond with us by phone, email or otherwise.

The term “for Tomorrow,” except when it is used for description purposes, means this collaboration with the United Nations Development Programme and the HYUNDAI MOTOR COMPANY, and “we” and “our” and other such words refer to the HYUNDAI MOTOR COMPANY. For definitions of other capitalized terms, please see the for Tomorrow Privacy Policy, IP Policy, Cookie Policy and Contributions Policy.

If you have any questions or concerns regarding these Terms of Use or our practices, please contact us via our contact us page.

The for Tomorrow Sites are, including any sub-domain name based on these Web addresses:

• fortomorrow.org
• fortomorrow.com

The for Tomorrow Services allow you:

1. To bring your sustainability solutions to life by submitting a project that has solved or is solving a sustainability project in your community.
2. To comment and/or support a project which you have taken knowledge of on our site.

All of the above, including without limitation projects, information about projects, comments, questions and support texts are named “Submissions” to the for Tomorrow project.

Any personal data included on Submissions or relevant to Submissions will be processed by us in accordance with our Privacy Policy.

The IP Policy applies to the Submissions which you contribute to for Tomorrow. The Contributions Policy applies to the comments and support texts you may wish to publish on the sites.

1. Consent to these Terms of Use

In visiting any of the for Tomorrow Sites or using any of the for Tomorrow Services, you are requested to accept and to agree to these Terms of Use. If you do not want to accept and agree to the present Terms of Use, you must leave the for Tomorrow Sites and refrain from using them or any for Tomorrow Services.

We reserve the right to update or alter these Terms of Use at any time in the future. We date all versions of our Terms of Use to allow you to easily determine if the text has been updated or not. You should review these Terms of Use regularly to ensure that you are aware of any changes.

By using our for Tomorrow Services, presenting Submissions or using our Content and providing us with personal information, you acknowledge and agree that all of your personal information may be transferred, processed or accessed by us, our affiliates and partners, or other entities around the world as described in the Privacy Policy.

2. Conditions

As a condition for your use of the for Tomorrow Sites and for Tomorrow Services, you warrant that (i) you are at least 16 years of age; (ii) you will use the for Tomorrow Sites and for Tomorrow Services in accordance with these Terms of Use; (iii) all information supplied by you is true, accurate, current and complete; (iv) you have reviewed and accepted these Terms of Use, as well as our IP Policy, Privacy Policy, Cookie Policy and Contributions Policy. (v) if you have an account with us, you will safeguard your account information appropriately and you understand that you shall be completely responsible for any use of your account by you and anyone other than you if the proper account information has been submitted. We retain the right at our sole discretion to deny access and use of for Tomorrow Services to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms of Use or another online agreement between you and us.

Parents may use the sites and create an account in their name for their child of less than 16 years of age.

3. Account

You do not need to create an account in order to browse the for Tomorrow Sites and learn about the sustainability solutions which have been presented. However, in order for you to be able to interact with the for Tomorrow Sites, we require you to create an account (using your email address as a username) and a password, which you may modify later. You may also be required to enter your full name, country of residence and email address, and possibly other information necessary to identify you properly.

Once logged into your account, you will be able to present a sustainability solution (a “Solution”), vote on Solutions, write a comment regarding a Solution, have a direct messaging conversation with a Solution owner, and access your account information. It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself.

You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including but not limited to using another person's username, password (PIN) or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify the for Tomorrow Support Service of any unauthorized use of your username, password (PIN), other account information, or any other breach of security that you become aware of involving or relating to the for Tomorrow Services and your account.

4. Submissions

A Submission to for Tomorrow may include information about you, your region, your country, scientific or factual information, your opinion, information about a problem or a challenge in need of a solution, as well as information about your project, and may include text, messages, photographs, video and audio recordings, and other images and data that you may upload through the for Tomorrow Sites to create your personalized Submission.

You represent and warrant that you have obtained all necessary consents from any third parties consistent with the full scope of rights to represent that neither you nor any third party shall assert any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any Submission is objectionable or otherwise defamatory under the laws of the province of Quebec, Canada, the jurisdiction where you live, and any other jurisdiction in connection with the exploitation of such materials as described hereunder. By providing your Submissions, you hereby waive, and you represent that you have the consent to waive on behalf of any person included in your Submission that you provide us, any privacy expectations you or those people have with respect to our use of your or those people’s likeness or personal information in your Submissions. If you do not wish to have your or an involved third-party’s information, personal or not, viewed by or disclosed to others, you shall not use the for Tomorrow Services or delete your for Tomorrow account

Please do not submit any personal information of any third party who is not involved in your project.

We shall be entitled to transmit and disclose all Submissions through the for Tomorrow Sites, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission as provided for under these Terms of Use or any other online agreement between you and us.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions on the for Tomorrow Sites. You acknowledge that the HYUNDAI MOTOR COMPANY may exercise its rights (e.g. rights to use, publish and/or delete) under these Terms of Use, the Privacy Policy, the Contributions Policy and the IP Policy with respect to any Submission without notice to you.

We have the right to remove any Submission which violates any applicable term of these Terms of Use, or of the applicable Privacy Policy, IP Policy or Contributions Policy.

5. Prohibited Activities

The content and information provided via the for Tomorrow Sites, as well as the infrastructure used to provide such content and information, is proprietary to the HYUNDAI MOTOR COMPANY and/or its suppliers and providers. While you may create or modify your Submissions, subject to the rules of these Terms of Use, the Privacy Policy and the IP Policy, as well as the Contributions Policy, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the content available in the for Tomorrow Sites. Additionally, you agree not to: (i) use the for Tomorrow Sites or any part thereof for any commercial purpose; (ii) monitor or copy any data, material or information of the for Tomorrow Sites using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (iv) deep-link to any portion of a for Tomorrow Site, with the exception of a Solution to which you wish to refer, without our express written permission; or (v) incorporate any part of the for Tomorrow Services into any other website or mobile applications, through a “frame,” a “mirror” or otherwise, without our prior written authorization

6. Ownership

The for Tomorrow Sites are owned by the HYUNDAI MOTOR COMPANY. The for Tomorrow project is an activity of the HYUNDAI MOTOR COMPANY (“HYUNDAI MOTOR COMPANY”), in collaboration with the United Nations Development Programme (“UNDP”) as per the terms of the FCA and PBA.

Subject to your compliance with these Terms of Use and any other online agreement between you and us, HYUNDAI MOTOR COMPANY grants you a non-exclusive, non-transferable, revocable limited license to access and use the for Tomorrow Services using a web browser or mobile device, but only for your Personal Use as permitted under the Terms of Use, Privacy Policy and IP Policy.

In return, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license in relation to any Submission that you present via the for Tomorrow Sites to use and to transmit to any other person as provided for in these Terms of Use, the IP Policy and the Contributions Policy.

Except for Submissions, you may not upload or republish any of HYUNDAI MOTOR COMPANY’s Content on any Internet, intranet, or extranet site or incorporate the information in any other database or compilation.

Except for Submissions you may upload to our servers, all data, materials and information accessed through the for Tomorrow Sites, including graphics, pictures, text, video, and other items and their layout, are proprietary property of HYUNDAI MOTOR COMPANY, the other users having presented Submissions, or HYUNDAI MOTOR COMPANY’s licensors with all rights reserved. None of this Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold or used for any commercial purpose in any form by any means, in whole or in part, without HYUNDAI MOTOR COMPANY’s prior written permission.

This license is subject to these Terms of Use and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the for Tomorrow Sites or the for Tomorrow Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

You agree and acknowledge that we transfer no ownership interests in the for Tomorrow Sites or any other of our intellectual property rights in the for Tomorrow project to you under these Terms of Use or otherwise.

7. Disclaimer

UNDP does not endorse and/or recommend any commercial or other products, goods, or services offered by Hyundai Motor Company. UNDP does not endorse Hyundai Motor Company or any other commercial entity.

UNDP makes no representations and gives no warranties of whatever nature in respect of the products, applications, goods or services, or any documents related to them, offered by Hyundai Motor Company. UNDP does not make any claim, warranty or representation whatsoever, expressly or impliedly, as to the products or services of HMC .

Nothing herein shall constitute or be considered to be a limitation upon or a waiver of, express or implied, the privileges and immunities of the United Nations, including UNDP, which are specifically reserved.

Please read our IP Policy to know more about IP and license matters.

8. Other Websites

These Terms of Use do not apply to any websites, products, or services, other than the for Tomorrow Sites, nor to others’ websites linked in these Terms of Use or in the for Tomorrow Sites. We recommend that you examine the terms of use posted on those other websites to understand their terms of use as they may be different from those of the for Tomorrow Sites.

We do not endorse and are not responsible for the content on other websites and cannot be held liable for such content, which is not monitored, checked for accuracy, appropriateness, or completeness by us. Such links, if they are included, are provided only as a convenience to you.

9. Trademarks and Copyright

for Tomorrow (and its translation in multiple languages), HYUNDAI, HYUNDAI MOTOR COMPANY, and other related graphics, logos, designs, icons, scripts, and trade names used on or in connection with the for Tomorrow Sites, including our photos and videos, are registered trademarks, and/or copyrighted or copyrightable material, and/or trade dress, of HYUNDAI MOTOR COMPANY, in Canada, the United States and other countries. Our trademarks, trade names, copyrighted or copyrightable material, and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without prior written permission from us. Any other brand and product names used herein or within the for Tomorrow Sites or the for Tomorrow Services are trademarks or registered trademarks of their respective owners.

The name “United Nations Development Programme” is the exclusive property of UNDP. The UNDP name “United Nations Development Programme” is protected under international law. Unauthorized use is prohibited. The name “United Nations Development Programme” may not be copied or reproduced in any way without the prior written permission of UNDP.

10. Limited Warranties

THE INFORMATION, CONTENT AND SERVICES PROVIDED BY US INCLUDING THROUGH THE FOR TOMORROW SITES ARE PROVIDED TO YOU "AS IS" AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE FOR TOMORROW SITES IS AT YOUR SOLE RISK. WE USE OUR BEST EFFORTS TO ENSURE THAT THE CONTENT OF THE FOR TOMORROW SITES IS ACCURATE, BUT WE CANNOT GUARANTEE THE ACCURACY OF SUCH CONTENT, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, CONTENT, PHOTOGRAPH(S), VIDEO(S), ETC., DISPLAYED WITHIN THE FOR TOMORROW SITES OR WITHIN THE RESULTING CONTENT. FURTHERMORE, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, INFORMATION, PHOTOGRAPHS AND VIDEOS AND SERVICES CONTAINED IN THE FOR TOMORROW SITES FOR ANY PURPOSE, AND OUR INCLUSION OR OFFERING OF ANY CONTENT, PRODUCT OR SERVICE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH CONTENT, PRODUCT OR SERVICE.

ALL SUCH CONTENT, INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE CONTENT, OUR INTERACTIONS WITH YOU, OUR SERVERS OR ANY EMAIL SENT BY US AND/OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYUNDAI MOTOR COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THIS INFORMATION, CONTENT, THOSE PHOTOGRAPHS OR VIDEOS, INCLUDING, WITHOUT LIMITING THE FOREGOING, ALL IMPLIED WARRANTIES AND CONDITIONS OF QUALITY, MERCHANTABILITY, ABSENCE OF LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, for Tomorrow, AND NONINFRINGEMENT.

THE SUPPLIERS PROVIDING OTHER CONTENT, SERVICES OR INFORMATION THROUGH THE for Tomorrow SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HYUNDAI MOTOR COMPANY. HYUNDAI MOTOR COMPANY IS NOT LIABLE FOR ITS ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE, OR THOSE OF ANY SUCH SUPPLIERS OR FOR ANY DAMAGES OR EXPENSES RESULTING THEREFROM.

11. Limitations on liability

If, despite the limitations in these Terms of Use and in any other online agreement between yourself and for Tomorrow or HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR COMPANY or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above or for any breach of these Terms of Use, or any other online agreement between yourself and for Tomorrow or HYUNDAI MOTOR COMPANY, THEN THE LIABILITY OF HYUNDAI MOTOR COMPANY AND/OR ITS SUPPLIERS WILL BE $O, AS NO FEE IS CHARGED TO PARTICIPANTS AND THE PROJECT IS FINANCED IN TOTAL BY THE HYUNDAI MOTOR COMPANY, WHETHER THE CLAIM IS BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HYUNDAI MOTOR COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations specified in this section will survive and apply even if the for Tomorrow Site is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of HYUNDAI MOTOR COMPANY and/or its suppliers.

IN NO EVENT SHALL HYUNDAI MOTOR COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ATTORNEY’S FEES AND EXPENSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE FOR TOMORROW SITES, OR I TO, DISPLAY OF OR USE OF THEFOR TOMORROW SITES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HYUNDAI MOTOR COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AS PROVIDED FOR IN SECTION 9 ABOVE, OR “LIMITED WARRANTIES,” OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AS PROVIDED FOR IN THIS SECTION 10. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

We make no representation that the for Tomorrow Sites and Content are appropriate or available for use in any particular location. Those who choose to use the for Tomorrow Sites and Content are responsible for compliance with all applicable laws including any applicable local laws.

12. Indemnification

You agree to defend and indemnify HYUNDAI MOTOR COMPANY and/or its suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees and costs, brought by third parties as a result of: (i) your breach of these Terms of Use or the documents referenced herein; (ii) your violation of any law or the rights of a third party or any dispute with a third party; (iii) your access to or use of the for Tomorrow Sites or Content; (iv) your Submissions.

13. Infringement

It is for Tomorrow’s policy to terminate any for Tomorrow service, membership or privilege of any user who repeatedly infringes another person’s copyright upon notice from the copyright owner or its agent. HYUNDAI MOTOR COMPANY intends to ensure that the for Tomorrow Sites do not infringe the copyright, trademark right or other intellectual property rights of our users or third parties. If your intellectual property rights, right to privacy or other rights have been infringed or violated by another user of the for Tomorrow Services, please notify us by contacting us via our contact us page, by selecting the Contact Moderator option.

You must be the copyright owner (or the authorized representative of the owner) to report a suspected infringement.

We will send an email to the address associated with the account of the user who reported the infringement.

Should you receive notice that we have removed or disabled access to your material, you may provide a counter-notification in writing.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

14. Enforcement

If you fail to fulfill any of your obligations under these Terms of Use, we may terminate your rights granted under these Terms of Use and may pursue all available legal remedies to enforce these Terms of Use. Should legal remedies be used to enforce these Terms of Use, you agree to reimburse us for any and all legal fees and expenses arising from the dispute. You agree that our licensors referenced on or through the for Tomorrow Sites may enforce these Terms of Use as they relate to their intellectual property.

15. Governing Law

These Terms of Use, and any other applicable for Tomorrow online agreement, shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, Canada, without regard to conflict of laws provisions. Additional rules may also apply in your jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in the District of Montreal, Quebec, Canada for all disputes arising out of or relating to these Terms of Use, and any other applicable for Tomorrow online agreement. Use of the for Tomorrow Sites is unauthorized in any jurisdiction that does not give effect to the provisions of these Terms of Use, including, without limitation, this paragraph.

16. General

a. New Versions

As mentioned above, we reserve the right to update or alter these Terms of Use at any time in the future. We will notify our for Tomorrow account members about material changes to these Terms of Use by sending a notice to the e-mail address we have as account information.

If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the for Tomorrow Sites and delete your for Tomorrow account.

b. Law Enforcement Requests

Our performance of these Terms of Use is subject to existing laws and legal processes, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the for Tomorrow Sites, Content or any information provided to or gathered by us with respect to such use.

c. Unenforceability

If any part of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

d. Entire Agreement

These Terms of Use and any other online agreement or terms and conditions referenced herein (including, without limiting the foregoing, the Privacy Policy, the IP Policy, the Contributions Policy, constitute the entire agreement between you and HYUNDAI MOTOR COMPANY with respect to the for Tomorrow Sites, Content and the services offered therein. Such entire agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and HYUNDAI MOTOR COMPANY with respect to the for Tomorrow Sites, Content and the services offered therein.

e. Electronic Communications

By using the for Tomorrow Sites, we may require you to consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

f. No Waiver

The failure of either party to enforce any provision of these Terms of Use, and any other online agreement or terms and conditions referenced herein (including, without limiting the foregoing, the Privacy Policy, the IP Policy, the Contributions Policy shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.

g. Headers

Headers are for convenience only and are not to be used in the interpretation of these Terms of Use, and any other online agreement or terms and conditions referenced herein (including, without limiting the foregoing, the Privacy Policy, the IP Policy, the Contributions Policy.

h. Force Majeure

If any performance of any obligation by for Tomorrow or HYUNDAI MOTOR COMPANY in relation to these Terms of Use, and any other online agreement or terms and conditions referenced herein (including, without limiting the foregoing, the Privacy Policy, the IP Policy, the Contributions Policy is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, or power; war, terrorist act, cyber-attack, or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency; or any act or condition whatsoever beyond the reasonable control of for Tomorrow or the HYUNDAI MOTOR COMPANY, the HYUNDAI MOTOR COMPANY, upon giving prompt notice to the other party, shall be excused from such performance for the duration and to the extent of such prevention, restriction, or interference.

October 1, 2020