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OnEarth Community Terms of Service

Welcome to the OnEarth community section of the Natural Resources Defense Council's OnEarth website. Before you begin using our site, you must read and agree to the following terms of service and any related guidelines or rules posted to the OnEarth site (these "Terms") that govern your use of the OnEarth website (the "Site"). By accessing, creating or contributing to any OnEarth content, you are indicating that you agree to be bound by these Terms and any amendments hereto. Please read these Terms carefully before participating in the OnEarth site.

1. AGE QUALIFICATION

You affirm that you are either (i) at least 18 years of age or (ii) are between the ages of 13 and 17 and possess legal parental or guardian consent to participate in the OnEarth site and are fully able and competent to understand, enter into, and comply with these Terms. If you are under 13 years of age, you may not use the Site.

No Content shall be directed towards or intended for children 13 years of age or younger.

2. PRIVACY POLICY

Please refer to NRDC's privacy policy (at http://www.nrdc.org/privacy/), incorporated by reference herein.

3. COMMUNITY CONTRIBUTIONS ROLES AND PROCESS

Any visitor who registers on the www.onearth.org website with a valid email address, and confirms his or her access to that email address by clicking on a link delivered in a message to that email address, may submit content for possible publication on the website as a contribution. Publication of that content is at the discretion of the OnEarth editorial staff and their designees, based on criteria including (but not limited to) stylistic quality, good journalistic practices, and relevance of the content to the mission of OnEarth Magazine. Content that violates the Conduct standards for OnEarth (in Section 6 below) will be immediately rejected, and visitors who repeatedly submit such content may be blocked from submitting further content. Previously submitted and published OnEarth content may be removed at any time at the discretion of the OnEarth editorial staff and their designees.

After an author has submitted his or her content to the OnEarth editorial staff and their designated moderators for approval, the author will not be able to make further changes to that content. When content is accepted for publication and is posted on the website, email notification will be sent to the author.

OnEarth editorial staff and their designated moderators may at times make minor edits to submitted content before publishing to bring that content in line with these Terms.

The author may email the OnEarth editorial staff requesting changes or correction to the content, but the OnEarth editorial staff will only make such changes or correction at their discretion. The author may also email the OnEarth editorial staff requesting removal of his or her content from the website; the OnEarth editorial staff will use best efforts to respond to removal requests in a timely manner.

After the OnEarth editorial staff and their designees have made available to the general public content that an author has submitted for publication, that author will then be able to enter autobiographical content that will be available to the general public linked from his or her byline on the OnEarth.org content. This autobiographical content may include a portrait photograph that the author has uploaded, links to websites containing examples of other work by the author, and links to personal or professional 'social networking' websites such as Facebook or LinkedIn. If this autobiographical content violates the Conduct standards for OnEarth, the OnEarth editorial staff may, at their discretion and at any time, remove it from the website or edit the content, and may block the author from submitting further content.

The OnEarth editorial staff may promote certain authors to the role of 'Correspondent'. The 'Correspondent' can make his or her own content available to the general public on OnEarth.org without previously submitting it for approval and publication to the OnEarth editorial staff and their designees. Promotion to the 'Correspondent' role is at the discretion of the OnEarth editorial staff and their designees, based on criteria including (but not limited to) the author having a history of consistently submitting quality content that was acceptable for publication, and the expectation that the author will not make available to the general public content that does not meet the criteria that the OnEarth editorial staff and their designees use to make content available to the general public. The OnEarth editorial staff and their designees may, at their discretion and at any time, remove the 'Correspondent' role from an author and remove from the website content that the 'Correspondent' made available to the general public.

The OnEarth editorial staff may contact participants by email or other means to offer promotion to the role of 'Moderator'. The 'Moderator' is an author who has been designated by the OnEarth editorial staff to review and approve content submitted by other visitors to OnEarth. The 'Moderator' can make submitted content available to the general public, and can also remove any content on OnEarth from view by the general public. The 'Moderator' can also suggest to the OnEarth editorial staff that an author be promoted to the role of 'Correspondent.' An author will accept promotion to the 'Moderator' role by explicitly agreeing, via email, to use the same criteria as the OnEarth editorial staff in approving or removing content. The OnEarth editorial staff may, at their discretion, remove the 'Moderator' role from an author and remove from the website content that the 'Moderator' made available to the general public.

4. COMMUNITY CONTENT

Unless you specify otherwise, any and all works of authorship copyrightable by you and posted by you to OnEarth, including articles, commentary and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments or other materials ("Content") are submitted under the terms of an Attribution-ShareAlike Creative Commons Public License. Please read the full text of this license at http://creativecommons.org/licenses/by-sa/3.0/us/ . Under this license, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same Attribution-ShareAlike license that governs your original Content.

You represent and warrant that (i) all Content is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by these Terms; (ii) the Content and the posting thereof on the Site does and will not, in any way, violate or breach any of the terms of these Terms or violate or infringe upon the rights of any third party, and (iii) NRDC shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by NRDC. NRDC shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of your Content.

NRDC enables users to post Content in a public forum. NRDC is not liable for any Content provided by its users. NRDC cannot guarantee the accuracy, integrity or quality of Content. Under no circumstances will NRDC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site. NRDC reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it.

5. NRDC CONTENT

All copyrighted and copyrightable materials on the Site and other NRDC websites, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright of NRDC, OnEarth Magazine and/or its licensors.

NRDC grants you a limited license to make personal use of the Site to access and review the Materials as part of your participation in OnEarth . This license does not include the right to: (a) use the Site or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site or other NRDC websites, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of NRDC or any third party. Any unauthorized use of the Site will terminate the permission or license granted by NRDC to you under these Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

"OnEarth," "Natural Resources Defense Council," "NRDC" and NRDC and OnEarth's logos are trademarks, service marks or registered trademarks of NRDC, and may not be copied, used or imitated, in whole or in part, without the prior written permission of NRDC. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without NRDC's prior written permission. All other NRDC names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners.

6. CONDUCT

OnEarth.org provides a unique opportunity for public participation in environmental journalism. Agreement to these Terms represents your agreement to adhere to the following conduct requirements:

(a) Do Not Include any Partisan Political Content. As a non-profit 501(c)(3) tax-exempt organization, NRDC is prohibited from engaging in political "electioneering," or from using any of its resources to allow others to engage in partisan political activities. In accordance with this prohibition, Greenlight content may not include any express or implied statement endorsing or opposing any political party or candidate for national, state or local office.

(b) Be Accurate. When expressing facts, be rigorous in your standards of accuracy. If you are discussing uncertain or unproven "facts," say so.

(c) Use A Professional and Respectful Tone. While the tone of a blog post may be less formal than that used on the front page of the New York Times, when you write for OnEarth.org you associate yourself with professional journalists at NRDC's OnEarth magazine who hold themselves to high ethical standards. Stick with topics that are related to the environment and global sustainability and write in a tone that reflects a respect for the medium and your readers.

(d) Respect Copyright and Fair Use Laws. Always follow the laws governing copyright and fair use of copyrighted material. You may quote short excerpts of someone else's work (one or two sentences, a paragraph at most); do not reproduce long passages. (And it always good general blogging practice to link to others' work.) Do not put copyrighted graphs, charts, photographs, or other media into your blog, unless you've secured explicit permission to do so and can provide proof upon request. Materials produced by the federal government are in the public domain and so you may use them. The same does not apply to materials produced by state or local governments or by public-private partnerships and other entities of the federal government.

You further agree that you will not (i) engage in any unlawful activity or infringe upon the rights of NRDC, its trustees, employees or members; (ii) interfere with the operation of the Site, in any way or interfere with anyone's use or enjoyment of the Site, or use the Site to gain unauthorized access to other computer systems; (iii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business; (iv) transmit or post any unlawful, harassing, libelous, defamatory, obscene, abusive, threatening, hateful, or racially, ethnically or otherwise objectionable or harmful material of any kind or nature; (v) transmit or post any Content that would be harmful to minors in any manner; (vi) impersonate any person or entity on or through the Site, including a Site participant, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vii) transmit or post any Content that you are prohibited from so transmitting or posting under a contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements or codes); (viii) modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or any component thereof other than as may be expressly permitted in writing by NRDC or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; (ix) potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or (x) create and/or login with multiple accounts or disclose your password or otherwise grant access to the Site to any third party, other than your authorized agent, without the prior written consent of NRDC.

7. VIOLATION OF TERMS

ANY VIOLATION OF THESE TERMS MAY RESULT IN THE MODIFICATION OR REMOVAL OF ANY CONTENT OR SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR USE OF CITIZEN JOURNALISM AND SUCH ACTION AS NRDC DEEMS APPROPRIATE IN ITS SOLE DISCRETION. INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

Notwithstanding anything to the contrary herein, including the privacy policy, NRDC reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if NRDC has reason to suspect you have violated any law or regulation.

You agree to indemnify OnEarth, NRDC and its affiliates, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all Content that you submit or a third party submits on your behalf or using your account.

8. OTHER TERMS

A. Changes to Terms. NRDC reserves the right to change or modify any of these Terms or any rules or policies with regards to OnEarth.org or the Site at any time and in its sole discretion. Any changes or modifications to these Terms will be effective upon posting to the Site. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Terms to understand the terms and conditions that apply.

B. Severability and Survival. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The following provisions will survive any termination of these Terms: "Your Content," "NRDC Content," and "Other Terms."

C. Governing Law and Venue. These terms and all interactions on this Site shall be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in New York City, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. Nothing in these Terms shall prevent NRDC from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over you or otherwise over such subject matter.

D. No Warranties. THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. NRDC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. NRDC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. NRDC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

E. Limited Liability. IN NO EVENT SHALL NRDC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS OR CONTENT THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.