TERMS OF USE

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MR.BEASTYOUTUBE, LLC (“MR.BEAST” OR “WE” OR “US” OR “OUR”). THE WEBSITE LOCATED AT WWW.TEAMSEAS.ORG (THE "WEBSITE"), IS OWNED AND OPERATED BY MR. BEAST. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT. YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY MR.BEAST.

MR.BEAST IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY MR.BEAST FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

TERMS AND CONDITIONS

Personal Information

You can visit the Website and access most of the content, features and functionality (the “Content”) without being required to provide us with any personal information. However, access to certain content will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here.

Age Requirements

The TeamSeas Website is intended solely for users who are of the required age to act on their own behalf in their jurisdiction/country (“child”) and any registration by, use of or access to the Website by anyone who is a child (under 13 in the United States) is strictly prohibited. If you are a child you must review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, if you are a parent or guardian of a child and you give your child permission to use the Website, you hereby agree to the terms set forth in these Terms if Use on behalf of both yourself and your child.

If you reside in a jurisdiction that would restrict the use of the Website - or any of the functionalities or features offered via the Website - because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.

Intellectual property rights

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of Mr.Beast, the Ocean Conservancy or The Ocean Cleanup North Pacific Foundation. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Mr.Beast. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Website without the prior written authorization of Mr.Beast or their respective owners.

Copyright

Except as otherwise expressly stated, all Content appearing on the Website – including all scripts, videos and similar materials, is the copyrighted work of either Mr.Beast or third-party partners and suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Mr.Beast, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Mr.Beast, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Mr.Beast.

Reservation of Rights

Mr.Beast reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website, in whole or in part, including, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Website or to comply with applicable law. Mr.Beast shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.

Payments and Payments Processing; Rules for All Payments

You can make an online donation to the TeamSeas initiative. Mr.Beast has engaged the services of a variety of third-party payment service provider(s) to process all donation/payment transactions. Mr.Beast is not affiliated with any of these third-party payment service provider(s), and neither is the agent or employee of the other, and Mr.Beast is not responsible in any way for the actions or performance (or lack thereof) of such third-party payment service provider(s). Accordingly, Mr.Beast expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that Mr.Beast shall not be responsible for any loss or damage of any sort incurred as a result of such services.

You hereby acknowledge and agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by phone at (800) 519-1541 or by email at [email protected].

Third-Party Beneficiaries

Please note that the Ocean Conservancy and The Ocean Cleanup North Pacific Foundation are the two nonprofit organizations who are the recipients of the donations processed through the Website. As such, you hereby acknowledge and agree that both the Ocean Conservancy and The Ocean Cleanup North Pacific Foundation are third-party beneficiaries of these Terms of Use

Additional Acknowledgments.

You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of TeamSeas Website and all Content. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with Website is solely at your own risk. While Mr.Beast has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Mr.Beast is not responsible for the security of any information transmitted to or from the Website.

Prohibited Use/Activities

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Website, will not be, or alleged to be unlawful, unauthorized, fraudulent or malicious in purpose. In addition, you agree you will not:

license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Content or in any way;
modify or make derivative works based upon the Website or Content;
create Internet “links” to the Service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website;
interfere with or disrupt the integrity or performance of the Website or the data contained therein, or attempt to gain unauthorized access to the Website or its related systems or networks.

Mr.Beast will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Mr.Beast has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website and providing the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Service Provided In United States; Compliance With Laws

The TeamSeas Website is hosted in the United States. If you are a non-U.S. user, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

We make no representations that the Website and any and all information contained therein, including any Content, is appropriate, available or legal in any particular location. The Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mr.Beast, the Ocean Conservancy or The Ocean Cleanup North Pacific Foundation to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and all related services, information or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.

General Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND MR.BEAST EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. MR.BEAST MAKES NO WARRANTY THAT THE WEBSITE AND CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation Of Liability

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL MR.BEAST, THE OCEAN CONSERVANCY AND THE OCEAN CLEANUP NORTH PACIFIC FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, OR PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), AND YOUR USE OF OUR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MR.BEAST, THE OCEAN CONSERVANCY AND THE OCEAN CLEANUP NORTH PACIFIC FOUNDATION AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless Mr.Beast, the Ocean Conservancy, The Ocean Cleanup North Pacific Foundation, and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys 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 i) any breach or alleged breach by you of this Terms of Use, or ii) any act or omission related to your use of this Website or Content.

Governing Law

This Terms of Use has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Mr.Beast each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

YOU AND MR.BEAST , THE OCEAN CONSERVANCY AND THE OCEAN CLEANUP NORTH PACIFIC FOUNDATION AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR MR.BEAST WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR MR.BEAST, THE OCEAN CONSERVANCY AND THE OCEAN CLEANUP NORTH PACIFIC FOUNDATION ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MR.BEAST, THE OCEAN CONSERVANCY AND THE OCEAN CLEANUP NORTH PACIFIC FOUNDATION FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, MR.BEAST, THE OCEAN CONSERVANCY, THE OCEAN CLEANUP NORTH PACIFIC FOUNDATION AND ALL PARTIES TO ANY SUCH PROCEEDING.

Miscellaneous

This Terms of Use constitutes the entire agreement between you and Mr.Beast and governs your use of the Website. Failure by Mr.Beast to insist on strict performance of any of the terms and conditions of this Terms of Use will not operate as a waiver by Mr.Beast of that or any subsequent default or failure of performance. The Website are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mr.Beast to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides. If any provision (or part thereof) contained in this Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.