Terms of Use - American River Conservancy

Share |

January 29, 2010

The American River Conservancy (the “Conservancy”, “we”) offers this website (this "Website") as a service. This Terms of Use Agreement (the "Terms of Use" or "Agreement") describes the terms and conditions applicable to your access and use of this Website and the Conservancy's services. We may revise this Agreement at any time by posting the amended Terms of Use on this Website, and you agree that you will be bound by any changes to the Terms of Use. We may make changes in the services described on this Website at any time. We may discontinue or restrict your use of this Website for any reason.

ABOUT THE INFORMATION ON THIS SITE. The Content (as defined below) available on this Website is intended to be a general information resource and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained within the Website. Do not construe the Conservancy's publication of the Content on this Website as a warranty or guarantee of the quality or availability of any goods or services.

ELIGIBILITY. By using this Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Website does not violate any applicable law or regulation.

USE OF MATERIALS ON THIS SITE. The content on this Website includes, but is not limited to, trademarks, tradenames, service marks, logos , text, graphics, images, photographs, illustrations, and other materials (“Content”). Title to the Content on this Website remains with the Conservancy. The Conservancy invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the Conservancy. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not, without the Conservancy’s written permission, “mirror” any Content contained in this Website or any other server. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website.

POSTINGS. This website provides the opportunity to share knowledge and post other helpful or meaningful information (in the Stay Connected area). By submitting content or information of any type (a "Posting ") to the functionality, or by otherwise using the functionality to transmit or display a Posting, you automatically grant the Conservancy a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Moreover, you agree that by using the posting functionality you will not post or transmit any of the following materials:

•Anything that interferes with or disrupts the website or the operation thereof,

•Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network, or this Website.

•Statements about candidates for political office,

•Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,

•Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another,

•Statements or material that violates other contractual or fiduciary rights, duties, or agreements,

•Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,

•Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,

•Statements or material that impersonates any other person or entity, whether actual or fictitious, including the Conservancy’s employees and representatives,

•Anything that violates the privacy or publicity rights of any other person,

•Statements or material that is off-topic, irrelevant, or inappropriate,

•Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials, and

As the posting functionality is generally public, the user experience is enhanced when you follow these guidelines. Please also use netiquette. Please be succinct and stay on topic. Please remember to respect others and their opinions. The Conservancy encourages open and sincere communication, but urges all users to remember that the posting functionality is intended to be a resource for all.

ENFORCING SECURITY. The posting functionality is owned by the Conservancy. Please be aware that you have no reasonable expectation of privacy while using the posting functionality. The Conservancy cannot guarantee the confidentiality of any communication or material transmitted to/from the posting functionality over the Internet or other global communication network and the Conservancy is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained, or for the consequences of any reliance on such information. You must make your own determination as to these issues. The Conservancy may obtain access to, block, disclose, and review electronic transmissions and communications made through the posting functionality at any time. Actual or attempted unauthorized use of the posting functionality may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. The Conservancy also reserves the right to view, monitor, and document activity on the posting functionality without notice or permission from you. Any information obtained by monitoring, reviewing, or documenting is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the posting functionality. The Conservancy will also comply with all court orders involving requests for such information. In addition to the foregoing, the Conservancy reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the posting functionality, or any portion of functionality, for any reason.

LINKS TO AMERICAN RIVER CONSERVANCY WEBSITE. Unless otherwise set forth in a written agreement between you and the Conservancy, you must adhere to the Conservancy's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Conservancy's names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with the Conservancy, and (iii) the Conservancy reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of the Conservancy's logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

LINKS TO THIRD PARTY SITES. The Conservancy, in its sole discretion, may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by the Conservancy and are maintained by third parties over which the Conservancy exercises no control. Use of these sites is at your own risk. Accordingly, the Conservancy expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. The Conservancy disclaims all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by the Conservancy with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.

TRADEMARKS. The American River Conservancy, Design, Logos, arconservancy.org, and all other names of the Conservancy programs referenced herein are registered or common law trademarks of the Conservancy in the United States. Unauthorized use of an American River Conservancy trademark, service mark or logo may be a violation of federal and state law.

DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CONSERVANCY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

THE CONSERVANCY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONSERVANCY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE CONSERVANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY. You agree to indemnify, defend and hold the Conservancy, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of this Website and/or breach of this Agreement.

COPYRIGHT. The Website, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, posting functionality, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the posting functionality, unless otherwise indicated is protected by U.S. and international copyright laws. The Conservancy also owns a copyright in the Content of this Website, and Postings licensed to the Conservancy by you as collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Content or Postings on this Website. Any downloadable or printable programs, information, or materials available through this Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by the Conservancy. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of this Website, or individual sections of the Content, design or layout of this Website, without the Conservancy's express prior written permission.

NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you are a copyright owner or agent thereof and believe that Content posted on this Website by a Conservancy user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on this Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at: American River Conservancy, ATTN: Legal Department, PO Box 562, Coloma, CA, USA, 95630 by phone at 1-530-621-1224, by fax at 1-530-621-4818.

LOCATION. The Website is operated by the Conservancy from its offices in the United States. The Conservancy makes no representation that the Content of this Website is available or appropriate for use in other locations. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

CHILDREN. The Website may contain educational content for all ages. The Website is not directed toward children under 13 years of age nor does the Conservancy knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to the Conservancy.

PRIVACY POLICY. By agreeing to these terms, you acknowledge that the Conservancy may collect, use and disclose your information as described in our Privacy Policy.

USER CONTENT. By submitting a Posting or providing any content on or through this Website, you hereby grant to the Conservancy a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and the Conservancy may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content posted by you on or through this Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The Conservancy may delete any content for any reason, including content that, in the Conservancy's sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Conservancy has the right, but does not assume the responsibility, for monitoring this Website for inappropriate content. You are solely responsible for the content of any Postings that you post on or through this Website.

SUBMISSIONS. All Submissions, including unsolicited submissions and those made at the request of the Conservancy will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. The Conservancy will not be liable for any use or disclosure of any Submissions.

PASSWORD. You may be assigned a username and password with which to access restricted areas of this Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify the Conservancy immediately if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password.

EMAIL. Email submissions over the internet may not be secure. Please do not email the Conservancy any personal or confidential information. Please refer to our Privacy Policy for information how we use your information.

CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to this Website will be governed by the laws of state of California, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for El Dorado County, California, USA.

MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Conservancy's failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive the Conservancy's right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and the Conservancy with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

VIOLATIONS AND ADDITIONAL POLICIES. The Conservancy reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.