TERMS OF USE FOR THE SAVE THE WATER™ WEBSITE
Welcome to
savethewater.org (the “Site”), a website provided to you by Save the
Water™ (“STW™”). These Terms of Use (“Terms”) govern your use of the
Site. Please read these Terms carefully before using the Site. By
accessing, browsing or otherwise using the Site, you acknowledge
that you have read, understand and agree to be bound by these Terms,
that you agree to comply with all applicable laws and regulations
governing the Site, and that you are at least sixteen (16) years old
or that you have the permission of your parent or guardian. This is
a legally binding agreement. If you do not agree with the Terms, you
should not use the Site.
Registration
To use certain services available on the Site, you must register
with the Site and provide certain personal information. You must
also establish a password. You agree that you will be responsible
for maintaining your password as confidential and for any activity
that occurs as a result of your enabling or permitting another
person or entity to use your password. It is your responsibility to
notify STW™ by one of the methods listed below in the event that (i)
your password is lost or stolen, or (ii) you become aware of any
unauthorized use of your password or of any other breach of security
that might affect the Site. STW™ is not responsible for any loss or
damage arising from your failure to comply with the provisions of
this section.
The information STW™ obtains from you will be used only in
accordance with STW™'s Privacy Policy.
http://www.savethewater.org/water/columns/privacy.asp
Proprietary
Rights
You acknowledge and agree that all materials, information, and
content, including text, pictures, graphics, software, products,
materials, services and other files available on the Site, and the
selection and arrangement thereof, (collectively “Content”) are
protected by copyrights, trademarks, service marks, patents, trade
secrets, and/or other proprietary rights and laws and that all
right, title and interest in and to all such Content are owned by or
licensed to STW™. You may display, print or download one copy of
Content from the Site for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary
notices. You may not "mirror" any Content contained on the Site on
any other server without prior written permission from STW™ and may
not engage in “framing” any Content contained on any one or more of
the Sites on or through another website without prior written
permission from STW™. You may not reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any Content,
use of the Site, and/or access to the Site. Use of the Content for
any purpose not expressly permitted in these Terms without first
obtaining the express written permission of STW™ is prohibited.
Use of the Site
You are responsible for all Content that you upload, submit, post,
email or otherwise transmit using the Site or services. Likewise,
you are responsible for respecting STW™'s and third parties' rights
with respect to Content that appears on the Site and not to
download, email or otherwise transmit such Content in violation of
STW™'s and third parties' rights. You agree not to use the Site or
services to:
Submit, upload, post, email, or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
intellectual property right, privacy right, or publicity right of
any person or entity.
Submit, upload, post, email, or otherwise transmit any Content that
is illegal, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, pornographic, sexually
explicit, invasive of another's privacy, hateful, racially,
ethnically, or otherwise offensive.
Impersonate another person or entity, including without limitation,
a representative of STW™ or its officers, directors, employees or
agents, falsely represent or misrepresent your affiliation with
another person or entity, or forge headers or otherwise manipulate
identifiers that would disguise the origin of any Content
transmitted through the Site or Services.
Submit, upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, including without
limitation, initiation or perpetuation of any spam, junk mail, or
any other potentially objectionable form of unsolicited
communication.
Use the Site or services for any purpose or in any manner that
violates any local, state, or federal law or regulation or the law
or regulation of any foreign government.
Collect or store personal data with respect to third parties except
as contemplated by the Terms and then only for the express purpose
of providing lawful communication that may reasonably be anticipated
by such third parties.
Directly or indirectly, intentionally disrupt or interfere with the
Site or services in any manner that may materially adversely affect
STW™, you or any third party.
Submit, upload, post, email or otherwise transmit any material that
contains software viruses or any other code, files or programs
designed or known to disable, interrupt, or limit the functionality
of any computer hardware, computer software, or telecommunications
equipment or facilities.
Submit, upload, post, email or otherwise transmit without
authorization any material that contains personal or private
information concerning any third party person or entity, including
without limitation, phone number(s) or addresses, credit/debit
cards, calling cards, account numbers, social security numbers,
passwords or other similar information.
Use any kind of automated tool, including but not limited to
scripts, bots and other software, to try to collect information from
the Site or to break into any of its servers.
Grant of License
In the event you post or submit Content to the Site, you grant STW™,
its partners and related organizations, a perpetual, worldwide,
royalty-free, non-exclusive license to use, copy, reproduce,
display, perform, adapt, modify, publish, translate, transmit,
distribute, have distributed, publicly perform, publicly display and
promote the Content, or any part thereof, with the right to
sublicense same, in any and all formats now known or hereinafter
used, and waive any moral rights therein. STW™ shall be free to use
such Content, including ideas, concepts, know-how or techniques
contained in such content for any reason whatsoever and without any
payment or royalty obligations to you of any kind. You warrant and
represent that you own or otherwise control all of the rights in and
to the Content, or are otherwise authorized to reproduce and
distribute the Content and grant STW™ the license provided above;
that you have retained all copyright and other notices necessary for
obtaining permissions to reprint any third party Content; and that
public posting and/or the licensed use of your Content by STW™ will
not infringe or violate the rights of any third party.
Links to Other Websites
The Site may include links to other websites. You acknowledge and
agree that such links are provided for your convenience and do not
reflect any endorsement by STW™ with respect to the provider of such
linked site or the quality, reliability or any other characteristic
or feature of such linked site and STW™ is not responsible in any
manner (including without limitation with respect to any loss or
injury you suffer) for any matter associated with the linked site,
including without limitation, the content provided on or through any
such linked site or your reliance thereon. In addition, you should
be aware that your use of any linked site is subject to the Terms of
Use and Privacy Policy applicable to that site.
Procedure for Making Claims of Copyright Infringement
STW™ and its affiliated companies respect the intellectual property
of others, and we ask our content partners and users posting to
these Sites to do the same. If you believe that your copyrighted
work has been copied and is accessible on the Sites in a way that
constitutes copyright infringement, you may notify STW™ by providing
our copyright agent (identified below) with the following
information:
1. The electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been
infringed and a description of the infringing activity, including
identification of the location where the original or an authorized
copy of the copyrighted work exists, for example the URL of the
websites where it is posted or the name of the book in which it has
been published.
3. Identification of the URL or other specific location on the Site
where the material that you claim is infringing is located; such
identification must include enough information to allow us to locate
the material.
4. Your name, address, telephone number, and e-mail address.
5. 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.
6. A statement by you, made under penalty of perjury, that the
information contained in your notice is accurate and, under penalty
of perjury, that you are the copyright owner or are authorized to
act on the copyright owner's behalf.
Our agent for notice of claims of copyright or other intellectual
property infringement on the Site can be reached as follows.
Save the Water™
500 S.W. 69
Terrace
Hollywood, FL 33023
Contact: Adam Falk 516-938-1828
Email us at:
info@savethewater.org
This contact
information is only for reporting claims of copyright or other
intellectual property infringement.
Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT AND SOFTWARE WITHIN THE SITE ARE
PROVIDED "AS IS" AND “AS AVAILABLE” FOR YOUR USE, AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, DATA
ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. STW™, ITS
PARTNERS AND AFFILIATED ORGANIZATIONS, AND ITS LICENSORS DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE
SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS
OF THE USE OF THE CONTENT OR THE SITE OR ANY OTHER WEBSITES LINKED
TO THE SITE, INCLUDING BUT NOT LIMITED TO THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR
REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; OR THAT THE CONTENT, SITE AND SOFTWARE THEREIN ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THIS SITE
MAY BE OUT OF DATE, AND STW™ MAKES NO COMMITMENT TO UPDATE THE
MATERIALS OR CONTENT ON THE SITE. STW™ DOES NOT AND CANNOT GUARANTEE
OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE,
IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES,
OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
STW™ DOES NOT WARRANT THAT THE SITE, SOFTWARE, OR CONTENT WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THESE SITES,
SOFTWARE, AND CONTENT WILL BE CORRECTED. YOUR USE OF THE SITE IS
SOLELY AT YOUR RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM STW™ SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU, EXCEPT THAT STW™’S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STW™, ITS PARTNERS AND
AFFILIATED ORGANIZATIONS, AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER
INTANGIBLE LOSSES (EVEN IF STW™ HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE, INABILITY
TO USE, OR RESULTING FROM THE USE OF THE SITE, ANY WEBSITES LINKED
TO OR FROM THE SITE, THE CONTENT, SOFTWARE OR OTHER INFORMATION
CONTAINED IN OR ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT,
STATUTE, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO,
NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE SITE,
CONTENT, SOFTWARE OR OTHER WEBSITES RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL
COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU, EXCEPT THAT STW™’S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold harmless STW™, its
successors and assigns, related or affiliated organizations and
licensors; and their employees, contractors, officers, and directors
from all liabilities, claims, and expenses, including attorney's
fees, which arise from your use or misuse of the Site or violation
of these Terms. STW™ reserves the right, at its own expense, to
assume the exclusive defense and control of any matter subject to
indemnification by you, in which event you shall cooperate with STW™
in asserting any available defenses.
Notice of Changes
STW™ may update or change these Terms from time-to-time. If such a
change is made, STW™ will post the revised Terms on the Site. STW™
reserves the right to add to, change or terminate the services
offered on the Site at any time. You understand and agree that STW™
may from time to time establish and revise practices and limitations
concerning your use of the Site and services offered on the Site.
International Use
STW™ makes no representation that Content or materials available on
the Site are appropriate or available for use in locations outside
the United States. Those who choose to access the Site from other
locations do so at their own risk, and are responsible for
compliance with all applicable local laws.
Termination
STW™ reserves the right, in its sole discretion, to terminate your
access to all or part of the Site, with or without notice. Cause for
such termination shall include, but not be limited to, (a) breaches
or violations of the Terms or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Site (or any part
thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of any fees,
if any, owed by you in connection with the Site or services offered
through the Site.
Use and Disclosure of Information
You acknowledge, consent and agree that STW™ may access, preserve
and disclose your account information and any Content submitted or
posted to the Sites if required to do so by law, by subpoena or
court order or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms; (c) respond to claims that any such
Content violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property
or personal safety of STW™, its users and the public.
Choice of Law, Jurisdiction and Venue
These Terms shall be governed by and construed in accordance with
the laws of the State of Florida, excluding its conflicts of law
principles. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms or
your use of the Sites shall be the state or federal courts located
in Florida, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
Severability and Integration
Unless otherwise specified herein, these Terms and the STW™ Privacy
Policy www.savethewater.org constitute the entire agreement between
you and STW™ with respect to your access and use of the Sites and
supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and STW™ with
respect to the Site. If any part of these Terms is held invalid or
unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
No Waiver
STW™’s failure to exercise or enforce any right or provision of
these Terms shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by STW™ in writing. The section
titles in these Terms are solely used for the convenience of the
parties and have no legal or contractual significance.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these
Terms, there shall be no third-party beneficiaries to this
agreement.
Contact Information
If you have any questions about these Terms or desire to provide us
with notice under these Terms (apart from notice of any copyright or
intellectual property violation), you may contact STW™ in the
following ways:
Email: info@savethewater.org
Telephone: 516-938-1828
These Terms were last updated on January 1, 2009. |
