NRDC does not collect any information from you without your knowledge and permission, and we do not ask that you enter any personal information to access or use most areas of NRDC’s websites. In order to use some of the tools and functions, however, such as the online action center, you must enter some identifying information. NRDC does not disclose this information to anyone except 1) to identify you, as described in the following three paragraphs, to those you contact through our website and 2) to manage our website and database with the help of service providers, who are subject to a non-disclosure agreement. Information you provide NRDC is stored in a secure location and is accessible only by designated staff.
To send a message from our online action center to government officials and other decision makers, you must identify yourself by name, address, and email address. NRDC includes this information when we send your message. This is necessary for your message to be effective, and in the case of many government officials, it is required.
Postcards and "Tell Your Friends" Pages
To forward an article, postcard or action alert you must enter your name, your email address, and the email address(es) of anyone you are sending it to. NRDC includes your name and email address when we send your message.
Other Places Information May Be Requested
In addition to information you enter when sending messages to friends and decision makers from NRDC's website, you may submit information directly to NRDC for purposes including donating, subscribing to an email bulletin, or entering a contest. NRDC will not disclose this information to anyone except in accordance with any rules you agree to as a contestant and, as described above, to manage our website and database with the help of service providers, who are subject to a non-disclosure agreement.
Reviewing and Updating Your Information
You can review and update the information we have on record for you by going to NRDC's Subscriber Profile Editor. If it's your first time using the profile editor, you'll need to provide your email address on the log-in page so we can send you a password.
Communications from NRDC
If you have opted to receive any of our publications by email, you are able at any time to unsubscribe by following the directions that appear here and in the email publication itself or by contacting NRDC. When you provide NRDC with your email address and mailing address, we may contact you to ask you to become a member of NRDC. You can choose not to receive such requests by contacting our membership department at email@example.com.
When you donate to NRDC via our website, your donation information is encrypted and transmitted via a secure connection. NRDC uses your credit card information only for the purpose of processing your donation. We will not disclose this information except as necessary to process your donation, and we do not store it once your donation has been processed.
At the sole discretion of its editors and publisher, OnEarth may, from time to time, feature user-generated content on its website, including but not limited to submitted photos and videos, reader comments, letters to the editor, guest blog posts or columns, social media or crowd-sourced content, and similar related material. Before you contribute to our site, you must read and agree to the following terms of service and any related guidelines or rules posted at OnEarth.org (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.
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 contribute content to the Site.
No Content shall be directed toward or intended for children 13 years of age or younger.
3. COMMUNITY CONTRIBUTIONS ROLES AND PROCESS
A visitor who registers on www.onearth.org 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. 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, and 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.
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," “OnEarth.org,” "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.
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, OnEarth 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 reader comment or 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, 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 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.
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," "Community Content, "OnEarth 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.