Terms of Usage (2020)

Welcome to the website of EarthMatters.org (“EMorg”)(“the Site”).

By accessing and using the Site, you agree to be bound by these terms and conditions of use (“Terms of Use”) and the associated Privacy Policy for the Site. From time to time, EMorg may modify these Terms of Use, so please review it periodically for changes. Your continued use of the Site after we have modified the Terms of Use indicates your agreement to the modified terms.

 

PRIVACY

EMorg respects the privacy of its users and encourages you to read its Privacy Policy so that you may make an informed decision about using the Site.

 

COPYRIGHT NOTICE

Copyright 2020, EarthMatters.org. All rights reserved.

 

TRADEMARK NOTICE

EarthMatters.org, Harpy Eagle Conservation Program, HECP, Harpy Eagle Conservation Program Project and the various EMorg logos displayed on the Site are trademarks or service marks of EarthMatters.org. All rights reserved.

 

USE OF CONTENT

Permission to use, copy and distribute content delivered from this Site is hereby granted under the following conditions: (1) the above copyright and/or trademark notice(s) and this permission notice must appear in all copies; (2) any use of the content available from this Site must be for personal or informational purposes only and in no instance for commercial purposes; (3) no content available from this Site may be modified in any manner; (4) no graphics available from this Site may be used (including links from pages on other websites), copied, or distributed separate from the accompanying text; and (5) no attribution information may be removed from any content. Any rights not expressly granted herein are reserved by EMorg. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any trademark or service mark of EMorg. Except as expressly granted above, all rights are expressly reserved to EMorg.

 

SUBMISSIONS, UPLOADED CONTENT AND ONLINE CONDUCT

You retain all of your ownership rights in any content including but not limited to information, data, text, messages, articles, software, photos, video, graphics, music, sounds or any other original or creative material, or other information provided by you in the form of e-mail or submissions to EMorg, or postings on the Site or through another EMorg website or service. You hereby grant EMorg a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with Site, including without limitation for promoting and redistributing part or all of the EMorg service (and derivative works thereof) in any media format and through any media channel. You also hereby grant each user of the EMorg service a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Site or an EMorg service and under these Terms of Use. The submission of any content to EMorg irrevocably waives any and all “moral rights” in such content. You further agree that EMorg does not guarantee any confidentiality with respect to any content you submit.

EMorg does not endorse any content submitted to EMorg, nor any opinion, recommendation, nor advice expressed therein, and EMorg expressly disclaims any and all liability in connection with such submissions.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to EMorg all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on or through the Site or a EMorg service pursuant to this Terms of Use.

You further agree that any content you submit to EMorg through this Site or any EMorg service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant EMorg all of the license rights granted herein.

In order to maintain an efficient and effective Site that addresses the needs and interests of our users, the following rules apply to the use of this Site:

  • You may not post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets or any other intellectual property rights, or rights in any confidential information.
  • You may not post or transmit any content with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
  • You may not change, modify, alter or tamper with the Site’s software, appearance or functionality.
  • You acknowledge and agree that EMorg may take appropriate action, at its discretion, in order to prevent the misuse of the Site to disseminate information, statements, or content that may be abusive, destructive, harmful or threatening to the safety of others or in order to comply with any law or regulation of any government entity. Such action may include but is not limited to termination of your access to the Site for any reason, at any time, and without liability to you.
  • You may not interfere with others’ use of the Site or disrupt the normal flow or use of the Site, including but not limited by posting or transmitting any virus, infection, contamination or destructive file which causes the Site to become inaccessible, inoperable or contaminated.

 

INDEMNITY

You agree to indemnify and hold EMorg, its officers, directors, trustees, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EMorg by any third party due to or arising out of or in connection with your use of the Site.

 

USE BY CHILDREN

The Site is intended to be accessible and enjoyed by general audiences but EMorg does not offer or sell any product or service through this Site to children under the age of 13. EMorg does not knowingly collect personal information from children under the age of 13 on its website. Where an EMorg website is specifically directed toward children under the age of 13, the terms of the EMorg Children’s Privacy Policy found on that website will apply.

 

DISCLAIMER

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EMorg DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EMorg DOES NOT REPRESENT OR WARRANT THAT CONTENT IN THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED THROUGH THE SITE BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EMorg DOES NOT REPRESENT OR WARRANT THAT THE SITE OR EMorg’S SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE SITE.

EMorg reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EMorg.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL EMorg OR ITS OFFICERS, DIRECTORS, TRUSTEES, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EMorg, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EMorg’S RECORDS, PROGRAMS OR SERVICES.

 

LINKING TO THE EARTHMATTERS.ORG SITE

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray EMorg or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any EMorg trademark, service mark, logo or other proprietary information, including the images found at the EMorg website, the content of any text or the layout/design of any page or form contained on a page without EMorg’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a EMorg name, trademark or product name without EMorg’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark, service mark, copyright or proprietary right of EMorg or any third party. EMorg makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the EMorg website.

 

THIRD PARTY LINKS AND CONTENT

EMorg may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. EMorg does not monitor, nor does it have any control over, any Third Party Content. EMorg does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. EMorg makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the EMorg site, you should be aware that EMorg’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

 

ACCOUNTS

Some EMorg sites and services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that EMorg may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify EMorg of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the applicable EMorg service.

 

PAID TRANSACTIONS

Paid transactions (e.g., for donations) are made by EMorg or a third party identified at the time of sale, if different. If you have questions about your transaction, please contact EMorg (or third party) at the address provided and they will assist you. Different or additional terms and conditions may apply to third parties, which you should read when they are presented to you.

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and specific details. A notice will be communicated to you when your order is accepted and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time the notice is sent. At such time, the contract for sale will be made and become binding. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

 

EXCESSIVE DATA USAGE CHARGES

Accessing and using the Site on your mobile device will require use of your data service. Depending on the plan you have with your mobile network carrier, you could incur excessive data charges amounting to hundreds or thousands of dollars. You should check with your mobile network carrier and determine how you will be charged for data usage. EMorg is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You are responsible for any Internet connection, data or other fees assessed by your mobile network carrier to access the Site via your wireless device, including any data plan charges, toll, out-of-area, roaming or other wireless device connection charges.

 

SEVERABILITY AND NONWAIVER

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of EMorg to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of EMorg’s right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

 

APPLICABLE LAW AND JURISDICTION

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the State of Florida, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use or the use of the Site shall be brought in the federal judicial district in the Northern District of Florida, and you irrevocably consent to personal jurisdiction in the state or federal courts located in the State of Florida.

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

USE OF THE SITE OUTSIDE THE UNITED STATES

The Site is controlled and offered by EMorg from the United States. EMorg makes no representations that the Site is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If you are located outside of the United States, the information you provide to us will be transferred to the United States and that by providing your Information, you consent to this transfer and storage of the data in the United States.

 

TERMINATION

Notwithstanding any of these Terms of Use, EMorg reserves the right, without notice and in its sole discretion, to terminate your use of the Site and to block or prevent future access to and use of the Site.

 

DATA RETENTION

EMorg may maintain backups of data including registration data to recover data and restore accounts in case of errors or system failure. Therefore, data that you delete or that EMorg deletes may remain backed up. EMorg does not guarantee that backups will function error free. EMorg may not be able to restore data from a backup on request. For these reasons, you are responsible for maintaining your own backups.

 

SWEEPSTAKES & CONTESTS

EMorg may operate sweepstakes, contests, and similar promotions (collectively “Promotions”) through this Site. You should carefully review the rules (“Official Rules”) of each Promotion in which you participate, as the Official Rules may contain additional terms and conditions. In the event the Official Rules conflict with this Terms of Use, the Official Rules will control.

 

REVIEW AND CORRECTION

If you would like to review or correct the information that you provided to EMorg (or if you have comments or questions about our Site), you can contact us at: [email protected].

 

Contact Information:

EarthMatters.org
PO Box 15251
Gainesville, FL  32604
United States of America