Terms of Service

Last modified September 12, 2012

TERMS OF USE AGREEMENT

 
1. Acceptance of Terms.
By registering and/or clicking accept below, you are agreeing to the Terms of Use contained herein.  The Project may modify these Terms of Use from time to time, and will indicate at the top of this page the date that revisions were last made.  The next time you revisit the site after a material change has been made, you will be asked to accept the new Terms of Use by clicking “accept” to another clickwrap agreement which will display the new Terms of Use.
 
2. Registration and Eligibility.
By using the Site or any service conveyed (“Services”), you represent and warrant that you are of legal age to form a binding contract, or, if you are registering on behalf of an entity, that you are authorized to enter into and bind the entity to these Terms of Use by registering. The Service is not available to individuals who are younger than thirteen (13) years of age, and in using the Site or Service you represent and warrant that you are not younger than thirteen (13) years of age.  If you are under the age of legal majority in your jurisdiction, your parent or guardian must accept this agreement on your behalf prior to your use of the Site.  The Project may refuse to offer the Service to any person or entity for any reason, and may change its eligibility criteria at any time.
 
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service.  You are responsible for maintaining the confidentiality of your account login and password, and are responsible for all activity that occurs in connection with your account.  The Project reserves the right to close your account at any time for any or no reason, including a breach of these Terms of Use, with or without notice to you. Should you opt to become a Program Administrator in your use of the Site, you will be responsible for all activity that occurs in connection with any affiliated user that you verify. The Edible Schoolyard Project (“The Project”) does not verify Project Administrators and/or a Project Administrator’s affiliation(s). The Project does not monitor and takes no responsibility for any Program Administrator or Program Administrator affiliates or for representations by others that they are Program Administrators or Program Administrator affiliates. The Project is not affiliated in any way with a Program Administrator or a Program Administrator’s affiliates.
 
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:  webmaster@edibleschoolyard.com.
 
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:  webmaster@edibleschoolyard.org.
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: webmaster@edibleschoolyard.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.
 
9. Termination.
You may terminate the Terms of Use at any time by closing your account, discontinuing your use of the Service, and providing The Project with a notice of termination.  Notwithstanding the foregoing, The Project may continue to display/utilize User Generated Content as described in clause 3 of these Terms of Use even after you close your account.
 
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.
In the event of termination, whether by you or The Project, those provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
 
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.
 
12. Indemnity.
You agree to indemnify and hold The Project, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, attorneys, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and costs, made by any third party due to or arising out of User Generated Content you post, your use of the Site or Service, your violation of these Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
 
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. Endorsement Disclaimer.
The Edible Schoolyard Project in no way endorses the opinions, values or views of other businesses, participating programs, associations, or other users on edibleschoolyard.org. The positions taken by any associated individuals or businesses and by those third parties who contribute to the Edible Schoolyard Project website and other communications, past or present, are their own and do not necessarily reflect the views of the Edible Schoolyard Project.
 
14. 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.
You agree that regardless of any statute or law to the contrary, any claim by you arising out of or related to use of the Site, Service or the Terms of Use or other Project policies or activities must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
15. Violation of Terms of Use and Damages.
Please report any violations of the Terms of Use by sending a notification to: webmaster@edibleschoolyard.org
 
If it becomes necessary for The Project to pursue legal action against you to enforce the Terms of Use, you agree to pay The Project’s actual costs or damages, to the extent such actual damages and/or costs can be reasonably calculated.  Notwithstanding any other provision of the Terms of Use, The Project retains the right to seek: (1) the remedy of specific performance of any term contained in these Terms of Use, (2) injunctive relief against the breach or violation of any such term or in aid of the exercise of any power granted in the Terms of Use, (3) any and all damages allowed by law, or (4) any combination of these remedies. 
 
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.
 
16. General Information.
a. These Terms of Use constitute the entire agreement between the parties regarding The Project, and supersede any prior agreements.
b. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court shall give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect.
c. Any amendment to or waiver of the Terms of Use must be made in writing and signed by The Project.
d. You will not transfer any of your rights or obligations under the Terms of Use to anyone else without The Project’s prior written consent.
e. All of The Project’s rights and obligations under these Terms of Use are freely assignable by The Project in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. Nothing in these Terms of Use shall prevent The Project from complying with any law.
g. These Terms of Use do not confer any third party beneficiary rights.
 
17. 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.
 
18. Force Majeure
 The Project will not be 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 but not limited to 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, 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.
 
19. Survivability
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.
 
20. Severability
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.
 
21. 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.
 
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Last modified December 15, 2011
REGISTERED USER AGREEMENT

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.
By registering and/or clicking accept below, you are agreeing to the Terms of Use contained herein. The Project may modify these Terms of Use from time to time, and will indicate at the top of this page the date that revisions were last made. The next time you revisit the site after a material change has been made, you will be asked to accept the new Terms of Use by clicking “accept” to another clickwrap agreement which will display the new Terms of Use.

2. Registration and Eligibility.
By using the Site or any service conveyed (“Services”), you represent and warrant that you are of legal age to form a binding contract, or, if you are registering on behalf of an entity, that you are authorized to enter into and bind the entity to these Terms of Use by registering. The Service is not available to individuals who are younger than thirteen (13) years of age, and in using the Site or Service you represent and warrant that you are not younger than thirteen (13) years of age. If you are under the age of legal majority in your jurisdiction, your parent or guardian must accept this agreement on your behalf prior to your use of the Site. The Project may refuse to offer the Service to any person or entity for any reason, and may change its eligibility criteria at any time.

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account login and password, and are responsible for all activity that occurs in connection with your account. The Project reserves the right to close your account at any time for any or no reason, including a breach of these Terms of Use, with or without notice to you. Should you opt to become a Program Administrator in your use of this Site, you will be responsible for all activity that occurs in connection with any affiliated user that you verify. The Edible Schoolyard Project (“The Project”) does not verify Project Administrators and/or a Project Administrator’s affiliation(s). The Project does not monitor and takes no responsibility for any Program Administrator or Program Administrator affiliates or for representations by others that they are Program Administrators or Program Administrator affiliates. The Project is not affiliated in any way with a Program Administrator or a Program Administrator’s affiliates.
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: webmaster@edibleschoolyard.com.

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: webmaster@edibleschoolyard.org.
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: webmaster@edibleschoolyard.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.

9. Termination.
You may terminate the Terms of Use at any time by closing your account, discontinuing your use of the Service, and providing The Project with a notice of termination. Notwithstanding the foregoing, The Project may continue to display/utilize User Generated Content as described in clause 3 of these Terms of Use even after you close your account.

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.

In the event of termination, whether by you or The Project, those provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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.

12. Indemnity.
You agree to indemnify and hold The Project, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, attorneys, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and costs, made by any third party due to or arising out of User Generated Content you post, your use of the Site or Service, your violation of these Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

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.
You agree that regardless of any statute or law to the contrary, any claim by you arising out of or related to use of the Site, Service or the Terms of Use or other Project policies or activities must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Violation of Terms of Use and Damages.
Please report any violations of the Terms of Use by sending a notification to: webmaster@edibleschoolyard.org

If it becomes necessary for The Project to pursue legal action against you to enforce the Terms of Use, you agree to pay The Project’s actual costs or damages, to the extent such actual damages and/or costs can be reasonably calculated. Notwithstanding any other provision of the Terms of Use, The Project retains the right to seek: (1) the remedy of specific performance of any term contained in these Terms of Use, (2) injunctive relief against the breach or violation of any such term or in aid of the exercise of any power granted in the Terms of Use, (3) any and all damages allowed by law, or (4) any combination of these remedies.

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.
a. These Terms of Use constitute the entire agreement between the parties regarding The Project, and supersede any prior agreements.
b. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court shall give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect.
c. Any amendment to or waiver of the Terms of Use must be made in writing and signed by The Project.
d. You will not transfer any of your rights or obligations under the Terms of Use to anyone else without The Project’s prior written consent.
e. All of The Project’s rights and obligations under these Terms of Use are freely assignable by The Project in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. Nothing in these Terms of Use shall prevent The Project from complying with any law.
g. These Terms of Use do not confer any third party beneficiary rights.

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.

18. Survivability.
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.

19. Severability.
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.