SHARING STEWARDSHIPsm TERMS OF USE
Updated December 1, 2005
Introduction; Consent to Terms
Welcome to Sharing Stewardship. Please read these Terms of Use carefully before
using SharingStewardship.org or any features of the site, including the Sharing
Stewardship Discussion Board and the Sharing Stewardship Materials (collectively,
the "Website" or the "Service").
By using the Service, you agree to be bound by these terms
of use. The Pennsylvania Environmental Council (“PEC”)
reserves the right, at its discretion, to modify, add or
delete portions of these terms at any time by posting updated
terms of use on the Website. Please check these terms frequently
for updates. Any modifications, additions or deletions
to these terms become effective immediately upon posting.
Your continued use of the Service following the posting
of updated terms of use will mean that you agree to those
changes. These Terms of Use apply to all Website and Service
materials and features unless otherwise indicated.
Copyrights
The contents of the Website are protected by U.S. and international copyright
laws. You may not reproduce, distribute, transmit, display, prepare derivative
works, or perform any copyrighted material on the Website without the prior
written consent of PEC, except as provided below. You may download and use
select content subject to the Sharing Stewardship
Open and/or Commercial Licenses. Copyright, trademark, and other
proprietary notices may not be removed.
Trademarks
Sharing Stewardship sm is a service mark of PEC. All rights reserved. You may
not use any PEC service marks, logos or Website graphics without PEC's prior
express written consent, except that you may use select content subject to
the [Sharing Stewardship Open License or the Sharing Stewardship Commercial
Licenses]. (note: hyperlink to correct page).
Links to Website
PEC encourages and permits links to this Website. However, no linking may (a)
suggest that PEC or Sharing Stewardship promotes or endorses any third party's
causes, ideas, Web sites, products or services, or (b) use PEC or the Website
content for inappropriate commercial purposes. PEC expects that there will
be frequent updates to the Website and suggests that linking be limited to
the home page, SharingStewardship.org. PEC reserves the right to withdraw
permission for any link.
Links to Third Party Sites
The Website has provided links to Internet sites maintained by third parties,
over which PEC has no control. PEC does not endorse the content, operators,
products or services of these sites, and PEC is not responsible or liable
for the content, operators, availability, accuracy, quality, advertising,
products, services or other materials on or available from such sites. PEC
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, products or services available on or through
such sites.
Use of the Service
If you use the Service, including by participation in the Sharing Stewardship
discussion area of the Website or by submission of essays, e-mails or other
information via the Website, you must follow a few simple rules:
- Only registered users may post messages or materials
to the Sharing Stewardship Discussion Board. You may
not post any messages or materials anonymously or under
a false name or a false email address.
- You may not may not share, transfer, or sell your Registered
User account to other parties, nor for use or access
by any other person or party.
- As a Registered User you may maintain only one active
registration. By accepting the Terms of Use, you warrant
that you have no other registration(s) with Sharing Stewardship
Website.
- PEC reserves the right to access and disclose any information,
including user names of accounts and other information,
to comply with applicable laws and lawful government
requests, to operate its Website properly, or to protect
itself or its users.
- While PEC does not want to limit expression of ideas,
certain materials and language will not be tolerated.
You may not post or upload any material or links to material
that is libelous, defamatory, false, obscene, indecent,
lewd, pornographic, violent, abusive, threatening, harassing,
discriminatory, in violation of law, or that constitutes
hate speech.
- Federal law restricts lobbying activities by tax-exempt
organizations. “Lobbying” includes certain
activities intended to influence legislation. Content
posted by users does not constitute lobbying by PEC,
but may constitute lobbying by you or an organization
that you represent. You are solely responsible for complying
with any applicable lobbying restrictions.
- You may only post materials for which you have the
copyright or other permission to distribute electronically.
You may not violate, plagiarize, or infringe on the rights
of third parties, including copyright, trademark, trade
secret, privacy, personal, publicity, moral, or proprietary
rights. You promise that any uploaded or included materials
will be owned by you or be in the public domain.
- This discussion area can only be used for non-commercial
purposes. You cannot distribute or otherwise publish
any material containing any solicitation of funds, advertising,
or solicitation for goods and services.
- You may not post or transmit any software or other
material which contains a virus or other harmful code
or device. You may not use the discussion area to distribute
chain letters, mass mailings or "spam," or
to gather e-mail addresses for the purpose of sending "spam" to
other users of the service.
- By registering, you grant the Pennsylvania Environmental
Council (“PEC”) a non-exclusive, perpetual,
royalty-free, worldwide license to use, copy, sublicense,
modify, transmit, publicly perform or display in all
media, whether or not by means now known, any material
posted by you on the Sharing Stewardship Discussion Boards.
- Persons under the age of eighteen (18) are not eligible
to participate in the discussion area.
- You are solely responsible for any content posted using
your account. PEC does not and cannot review every message
posted and is not responsible for any materials posted
by others on the Sharing Stewardship Discussion Board.
However, PEC has the right (but not the obligation) to
delete, edit, or move any material that it deems, in
its sole discretion, to be in violation of the Rules
of the Sharing Stewardship Discussion Board or which
it otherwise, in its sole discretion, considers to be
objectionable.
- PEC is not responsible or liable for any materials
posted on the Sharing Stewardship Discussion Board. PEC
cannot verify the accuracy of statements that users place
on the Sharing Stewardship Discussion Boards, and does
not guarantee that any material has been posted with
the permission of the copyright or proprietary owner
or is otherwise in compliance with the Rules of the Sharing
Stewardship Discussion Board.
By using the Sharing Stewardship Discussion Board, you
agree to abide by these rules. You acknowledge that PEC
has the right to delete, edit or move material that it
deems, in its sole discretion, to be in violation of the
Rules of the Sharing Stewardship Discussion Board or which
it otherwise, in its sole discretion, considers to be objectionable.
You further acknowledge that PEC has the right to limit
or terminate access to the Sharing Stewardship Discussions
Board for any reason, including violation of these Rules
of the Sharing Stewardship Discussion Board.
Security
When you register or participate
in the Sharing Stewardship Discussion Board, you may be
required to register and establish a login identifier and
a password. You are responsible for protecting your login
identifier and password from unauthorized use, and you
are responsible for all activity that occurs on your account.
You agree to notify PEC immediately if you believe that
your login identifieror password has been or may be used
without your permission so that appropriate action can
be taken. We are not responsible for losses or damage caused
by your failure to safeguard your login and password.
Representations; Indemnity
You represent and warrant that (a) any material you post, upload or transmit
on the Website, including but not limited to the Sharing Stewardship Discussion
Board, or on or through the Service does not and will not violate any Rules
of the Sharing Stewardship Discussion Board or these Terms of Use, and (b)
your use of the Service complies with these Terms of Use. You agree that
you will indemnify and hold harmless PEC and its directors, officers, employees,
members and licensees from any and all claims, liabilities, costs or expenses,
including reasonable attorneys' fees, arising from (1) your breach of any
of the above representations and warranties, (2) your use of the Service,
(3) the materials you have posted, uploaded or transmitted in the Sharing
Stewardship Discussion Board or on or through the Service, or (4) PEC's publication,
distribution or use of such materials.
Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PEC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NOR DOES PEC MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE
OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR
OWN RISK. IN NO EVENT WILL PEC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS
BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR
RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL
PEC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT
IN EXCESS OF $100.
Intellectual Property
PEC respects the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide the following information in writing:
- a physical or electronic signature of a person authorized
to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim
has been infringed.
- a description of the material that you claim to
be infringing or to be the subject of infringing
activity and that is to be removed or access to which
is to be disabled, and information sufficient to
permit us to locate the material.
- information so that we can contact you, such as
address, telephone number and e-mail address.
- a statement that you have a good faith belief
that use of the material in the manner complained
of is not authorized by the copyright owner,
its agent, or the law.
- a statement that the information in the notification
is accurate and, under penalty of perjury, that
you are the copyright owner or are authorized to
act on behalf of the owner of a copyright that is
allegedly infringed.
PEC can be reached as follows:
Sharing Stewardship Program Director
Pennsylvania Environmental Council
22 Terminal Way
Pittsburgh, PA 15219
Phone: (412) 481-9400
Fax: (412) 481-9401
Email: admin@sharingstewardship.org
International Users
The Service is controlled and operated within the United States. PEC makes
no representation that content, materials, or products available on or through
the Service are appropriate or available for use outside of the United States.
If you access the Service from a location outside the United States, you
are responsible for compliance with applicable laws, including U.S. export
laws and regulations.
Miscellaneous
These terms of use, together with the [Sharing Stewardship License Agreements]
(note: link this) represent the entire understanding of the parties regarding
the use of the Website and supersede any previous documents, correspondence,
conversations, or other oral or written understanding related to these terms
of use. These terms of use shall be governed by and construed under Pennsylvania
law without regard to its choice of law rules, and, where applicable, the
laws of the United States. To the extent permissible by law, any disputes
under these terms of use or relating to the Service shall be litigated in
the local or Federal courts located in, and you hereby consent to personal
jurisdiction and venue in, the Commonwealth of Pennsylvania. A modification
or waiver of a part of these terms of use shall not constitute a waiver or
modification of any other portion of the terms of use. If for any reason
any provision of these terms of use is found unenforceable, that provision
will be enforced to the maximum extent permissible, and the remainder of
the terms of use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact
us. |