Last Modified December 15, 2011
IMPORTANT- READ CAREFULLY
This Clickwrap Registered User Agreement is a legal agreement between you and The Edible Schoolyard Project (“The Project,” “we,” or “us”). You are a registered user who can read the works on our website and submit works to our website (“Site”). By clicking “accept” below, you (including if you are representing a group, each individual member that is a member of that group) will be agreeing to the terms of this Agreement set forth below. Furthermore by clicking “accept” you confirm to us that you are “signing” this Agreement for all purposes under applicable law. If an individual is accepting this Agreement on behalf of another individual or group, that individual does hereby represent and warrant to us that such acceptance is being made with full authority, and such individual does hereby agree to indemnify and hold us harmless if we incur any losses, including but not limited to, attorney fees, due to a claim by any party against us that such acceptance was made without authority.
1. Acceptance of Terms.
2. Registration and Eligibility.
While The Project has implemented measures to safeguard your personal information and prevent unauthorized access, use, or disclosure, transmissions on the Internet are always vulnerable to attack and are not guaranteed to be secure. In the event of a security breach, The Project is not liable for any disclosure of personal information that may occur.
You may not select or use as a User ID, email, profile picture, or claim to be affiliated with, a name subject to any rights (including, without limitation, trademark or personal rights) of a person or entity without appropriate authorization. Nor may you use as a User ID a name that is offensive, vulgar or obscene. You shall not provide false personal information to The Project or create any account for anyone other than yourself without such person’s permission. Use of a User ID that is the name of another person with intent to confuse or to impersonate that person is strictly prohibited.
3. User Content.
You alone are solely responsible for any content (including, without limitation, any information, comments, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated) you provide or make accessible to The Project (“User Generated Content”). You assume all risks associated with User Generated Content, including anyone’s reliance on its accuracy or reliability, or any disclosure by you of information that makes you personally identifiable. You represent and warrant that you have the necessary permissions to use and to authorize the use of User Generated Content as described herein. Any attempts to upload, modify, or add content to The Project which is intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or equipment or to gain unauthorized access to any system, password, or other information of The Project or any third party is strictly prohibited.
By submitting User Generated Content on the Site or otherwise through the Service, you hereby grant The Project a world-wide, non-exclusive, royalty-free, sub-licensable, transferrable right for The Project to use the User Generated Content for any purpose. This right includes, without limitation, the right of the Project and its affiliates to reproduce, fix adapt, modify, re-format, manufacture, circulate, publish, distribute, sell, transfer, transmit, publicly display, broadcast, store, or create derivative works from any of the User Generated Content in any medium, in perpetuity now known or created in the future. You expressly and irrevocably waive any claims and/or assertions against The Project or any of its users for moral rights or attribution with respect to User Generated Content. You also acknowledge and agree that you have no ownership or other property interest in any account stored or hosted by The Project, and all rights in and to such accounts are solely owned by The Project.
The Project is not required to pre-screen or monitor all User Generated Content, but you hereby give consent for The Project to monitor and/or record any and all activity, communications, or User Generated Content on the Site, at its discretion. The Project also reserves the right to disclose, edit, and refuse to post or remove any User Generated Content.
By submitting User Generated Content on the Site or otherwise through the Service, you hereby grant to other users of the Site a Creative Commons Attribution-Share Alike license. Please take a moment to review what a Creative Commons Attribution-Share Alike license entails http://creativecommons.org/licenses/by-sa/3.0/
. Please feel free to email The Project if you should have any questions regarding User Content: firstname.lastname@example.org.
4. The Project Content.
Any attempts to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, algorithms, or underlying ideas of any part of the Service, including, without limitation, the application programming interface (“API”) are strictly prohibited. Any attempts to upload, modify, or add content to The Project which are intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or equipment or to gain unauthorized access to any system, password, or other information of The Project or any third party are strictly prohibited. The Project retains all proprietary rights in and to the Site and Service, including, without limitation, visual and interactive features, graphics, designs, computer code, API, software, and all other elements and components of the Service. The Project also owns copyrights, trademarks, service marks, trade names, and other intellectual property rights throughout the world associated with The Project. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Project content, in whole or in part, except as expressly authorized by The Project.
The Project is not responsible for content or actions by any other third party which may be listed on the Site as an “affiliate” or “partner” or “friend” of The Project.
5. Rules and Conduct.
You shall not post, upload, distribute or facilitate distribution of any User Generated Content through the Service, or take any action through the Service, that:
a. Infringes any patent, trademark, trade secret, copyright, right of publicity or any other proprietary right of any other person or entity or violates any contractual duty;
b. Removes any copyright, trademark or other proprietary rights notices contained on the Service or in posted Content;
c. Is knowingly false, misleading, untruthful, inaccurate, defamatory, or libelous;
d. Sends bulk emails, spam, surveys, or other mass messaging for commercial or non-commercial purposes;
e. Solicits personal information from minors;
f. Uses the Service to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
g. Is offensive, vulgar, obscene or pornographic or solicits material that is offensive, vulgar obscene or pornographic ;
h. Serves to record, process, or mine information about other users;
i. Impersonates any person or entity, including any employee or representative of The Project;
j. Contains viruses or any other computer codes, files, or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or equipment or to gain unauthorized access to any system, data, password, or other information of The Project or any third party;
k. Uses third-party software to intercept or collect information from or through the Site;
l. Exploits the Service or any of its parts including, without limitation, the API, for any commercial purpose;
m. Is intended disrupt the Site or Service in any way; or
n. Violates any applicable law or regulation.
Nothing herein creates any obligation for The Project to police, track, or otherwise monitor User Generated Content, including, without limitation, information entered during registration, emails, comments, profile information, and/or photos. The Project is not responsible for any violations of any of the Rules and Conduct and in utilizing any of The Project’s services, this in no way makes The Project affiliated with you or any of your User Generated content.
6. Notification of Infringement Relating to Copyright or Other Intellectual Property.
a. Notifications. If you believe that a work protected by a U.S. Copyright which you own has been posted or stored on the Site or Service without authorization, please notify The Project’s agent ("Agent") at: email@example.com.
Please provide the Agent with a notification containing the following information (the “Notice”):
i. A statement by you identifying the material on the Site or Service that you claim is infringing, with enough detail that it may be located. If you intend to include multiple copyrighted works in a single Notice, please provide the Agent with a list of such works;
ii. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, if any, or the law;
iii. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (1) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
iv. Your name, address, telephone number, and email address; and
v. Your physical or electronic signature.
The Project will remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
b. Counter-Notifications. If The Project removes or disables User Generated Content posted by you in response to an infringement notice, The Project will make reasonable attempts to contact you. If you feel that your material does not constitute infringement, you may provide The Project with a counter- notification by written communication to: firstname.lastname@example.org.
Please provide the Agent with a notification containing the following information (the “Counter-Notice”):
i. A statement by you identifying the material on the Site or Service that was removed or to which access has been disabled, and its location before it was removed or disabled, with enough detail so that it may be identified. If multiple copyrighted works are covered by a single counter-notification, please provide the Agent with a list of such works;
ii. A statement by you that you consent to U.S. federal court jurisdiction for adjudication of the matter;
iii. A statement by you declaring under penalty of perjury that the information in your Counter-Notice is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner and that the material was removed in error or by misidentification;
iv. Your name, address, telephone number, and email address; and
v. Your physical or electronic signature.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, it is recommended that you seek the advice of an attorney.
7. Third Parties.
The Service and User Generated Content available through the Service may contain features and functionalities that may link you, or provide you with access, to third party content which is completely independent of The Project, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, the Internet as a whole, and offline in-person entities. You agree and acknowledge that accessing third party websites; whether deliberately or inadvertently, is done at your own risk. The Project does not control or endorse any third party site, and is not responsible for the availability, content, or security of such third party sites.
8. Trademarks and other Intellectual Property.
The Project’s trade names, trademarks, service marks, any branding features, logos, copyrights, and any other intellectual property rights throughout the world associated with The Project are owned by The Project. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Project intellectual property or content, in whole or in part, except as expressly authorized by The Project.
The Project may, at its sole direction, close your account, suspend your ability to use certain features of the Service, and/or ban you altogether from the service for any or no reason and without notice to you or liability of any kind. Any failure by The Project to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision.
10. Warranty Disclaimer.
YOU AGREE THAT YOUR USE OF THE SERVICE IS FULLY VOLUNTARY, AND AT YOUR OWN RISK. THE SITE, SERVICE, CONTENT, AND LINKS ARE PROVIDED ON AN “AS IS” BASIS, AND THE USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROJECT EXPRESSLY DISCLAIMS ALL: (1) EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; (2) EXPRESS AND IMPLIED WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND SERVICE; (3) EXPRESS AND IMPLIED WARRANTIES FOR OTHER SERVICES AND/OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROJECT SITE, INCLUDING WITHOUT LIMITATION, ALL SERVICES AND/OR GOODS ACCESSED, PURCHASED, OR OTHERWISE ACQUIRED THROUGH ANY LINKS TO EXTERNAL SITES ON THE PROJECT SITE; AND (4) EXPRESS AND IMPLIED WARRANTIES REGARDING COMPUTER VIRUSES AND/OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROJECT SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY RELATE TO IMPLIED WARRANTIES AND/OR ARE LIMITED BY LAW.
THE PROJECT HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING, WHICH USERS GAIN ACCESS TO THE SERVICE, WHAT CONTENT YOU ACCESS VIA THE SERVICE, WHAT EFFECT SUCH CONTENT MAY HAVE ON YOU, HOW YOU INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU TAKE AS THE RESULT OF EXPOSURE TO SUCH CONTENT.
11. Limitations of Liability.
UNDER NO CIRCUMSTANCES SHALL THE PROJECT BE LIABLE FOR: (1) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ATTORNEYS FEES RESULTING FROM ANY ASPECT OF YOUR USE OF THE PROJECT SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, (A) MISUSE, (B) INABILITY TO USE, (C) INTERRUPTION OF USE, (D) SUSPENSION OF USE, (E) MODIFICATION, (F) ALTERATION, (G) SECURITY BREACH (H) TERMINATION OF THE PROJECT SITE OR SERVICE OR (I) MALICIOUS UPLOADS.
Further, The Project shall not be liable for damages or losses incurred from any and all goods, services and/or advice accessed, purchased, or otherwise acquired by or through any links on The Project Site to external sites. The Project is not responsible for monitoring any Site Content and you agree to use any Content at your own risk and acknowledge responsibility for monitoring your own dietary restrictions and health needs.
These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations may only apply to you to the extent they are allowed by law.
You also acknowledge and agree that the sole exclusive remedy available to you for any dispute with The Project under this Agreement is to cease use of the Service and cancel accounts registered to you.
You remain solely responsible for User Generated Content , and agree to indemnify and hold harmless The Project with respect to any claim based upon User Generated Content.
13. Choice of Law and Venue.
Any claim, cause of action, or dispute that might arise between you and The Project will be governed by California law without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Francisco County, California.
The Project’s failure to act or decision not to take action with respect to a violation by you or others does not waive its right to act with respect to subsequent or similar violations.
15. General Information.
16. Forums, Warranty and License.
We take no responsibility and do not endorse statements made by other subscribers. You will not utilize the information available on our website, including forums, for any purpose other than the purposes expressly permitted above. Any use of such information to send out unsolicited email is strictly prohibited. If you post any content in any of our forums, or otherwise post content to our site, you hereby grant to us an unrestricted and perpetual right and license to copy, modify, distribute, perform and display such content. You further represent and warrant to us that any content you post to our site is not posted in violation of the copyrights or privacy and publicity rights of any other party.
17. Force Majeure.
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, technological breakdowns, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs relating to the technology of the Site, to the Internet or any third party Internet service providers.
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that indicate by their sense and context that the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
20. Entire Agreement.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.