1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
americansagainstfracking.org, globalfrackdown.org, foodandwaterwatch.org, chef.foodandwaterwatch.org, factoryfarmmap.org, factoryfarm.org, foodandwaterwatch.org/blog, peopleswaterforum.org (collectively, “FWW Sites”), owned and operated by Food & Water Watch. (“FWW”), is provided to you (“User”) under the terms and conditions of this Food and Water Watch Terms of Service (“FWWTS”) and any operating rules or policies that may be published by FWW. The FWWTS comprises the entire agreement between User and FWW and supersedes all prior agreements between the Parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE FWWTS. If you do not agree to these terms and conditions, you may not use FWW Sites. If a User does not accept FWWTS Terms, he or she is not granted rights to use FWW Sites as defined herein, and must refrain from accessing FWW Sites.
2. DESCRIPTION OF SERVICES
The FWW Sites are owned and operated by FWW for the purpose of providing educational fora and discussion tools for environmental and activist communities as well as facilitating the use of all FWW websites (the “Purpose”).
3. MODIFICATION TO TERMS OF SERVICE
FWW reserves the right, at FWW’s sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, any or all FWW Sites or the FWWTS (or any part thereof). Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, FWW intends to provide Users with up to fourteen days of advance notice). Your continued use of the FWW Sites following the posting of changes to the FWW Sites or FWWTS means that you accept those changes. FWW reserves the right that FWW shall not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
4. CONTENT OWNERSHIP
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the User, and not FWW, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the FWW Sites. No User shall transmit Content or otherwise conduct or participate in any activities on FWW Sites that is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. FWW reserves the right to use any public information that is posted on personal blogs or discussion boards to promote FWW services.
5. CONTENT RESPONSIBILITY
User acknowledges and agrees that FWW neither endorses the Contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
FWW reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, FWW shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the FWWTS or be otherwise illegal.
FWW does not control the Content posted to the FWW Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Each User, by using FWW Sites, may be exposed to Content that is offensive, indecent or objectionable. Each User must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. NO UNLAWFUL OR PROHIBITED USE
By using FWW Sites, you warrant to FWW that you will not use FWW Sites, or any of the content obtained from FWW Sites, for any purpose that is unlawful, intentionally or unintentionally, in accordance with any applicable local, state, national or international law or prohibited by these Terms. If you violate any of these Terms, your permission to use the FWW Sites automatically terminates.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in FWW’s sole discretion as to what action should be taken. Prohibited unlawful actions include, but are not limited to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a FWW official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the FWW Sites;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any third party;
(g) upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address,; (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) “stalk” or otherwise harass another;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(l) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) is inappropriate for sale through the FWW Sites;
(m) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or Content.
User acknowledges and agrees that FWW may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the FWWTS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FWW, its Users and the public.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FWW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, FWW MAKES NO WARRANTY THAT (i) THE FWW Sites OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. FWW DOES NOT GUARANTEE SECURE ACCESS TO FWW Sites. OPERATION OF FWW Sites MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY FWW.
EXCLUDING ONLY DAMAGES ARISING OUT OF FWW’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FWW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FWW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY FWW Sites OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FWW Sites; OR ANY OTHER MATTER RELATING TO THE FWW Sites.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN FWW AND ANY USER OR OTHER PERSON OR ENTITY, NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
FWW MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AS NOTED ABOVE, FWW DOES NOT AND CANNOT CONTROL THE ACTIONS OF FWW SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
Each User shall indemnify, defend and hold harmless FWW, and its affiliates and their respective officers, employees and agents, and each of FWW’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that User’s acts or omissions, including claims arising out of that User’s use of the FWW Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
All information entered into FWW Sites by User is private to User except to the extent that he or she opts to share that information with other Users and/or the public, through FWW Sites or otherwise.
It is FWW’s policy to respect the privacy of Users. Therefore, FWW will not disclose to any third party User’s name or contact information, unless User opts to share the information. FWW will also not monitor, edit, or disclose the contents of a User’s information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on FWW; (2) protect and defend the rights or property of FWW; (3) act under exigent circumstances to protect the personal safety of FWWTS members or the public; or (4) fix or debug problems with the FWW software/service.
11. REGISTRATION OBLIGATIONS
When requested, each FWW Site User must: (1) personally provide true, accurate, current and complete information on the FWW Site’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, FWW has reasonable grounds to suspect that any User’s information is untrue, inaccurate, not current or incomplete, FWW may suspend or terminate that User’s account and prohibit any and all current or future use of the FWW Sites (or any portion thereof) by that User other than as expressly provided herein.
Each User will receive passwords and account designations upon completing certain FWW Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. FWW cannot and will not be liable for any loss or damage arising from a User’s failure to comply with this Section 11, including any loss or damage arising from any User’s failure to: (1) immediately notify FWW of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All notices to a Party shall be in writing and shall be made either via email or conventional mail. FWW may broadcast notices or messages through the Service to inform User of changes to the FWWTS, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
13. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the FWW Sites, use of the FWW Sites, or access to the FWW Sites.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
FWW may establish general practices and limits concerning use of the FWW Sites. While FWW will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, FWW has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any FWW Site. FWW reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. FWW reserves the right to change these general practices at any time, in its sole discretion, with notice to Users and the public as described in Section 3 above.
FWW may terminate a User’s account in FWW’s absolute discretion and for any reason. FWW is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an FWW Site in a manner inconsistent with the Purpose; (4) a User’s request for such termination; or (5) as required by law, regulation, court or governing agency order.
FWW’s termination of any User’s access to any or all FWW Sites may be affected without notice and, on such termination, FWW may immediately deactivate or delete User’s account and/or bar any further access to such files. FWW shall not be liable to any User or other third party for any termination of that User’s access or account hereunder. In addition, a User’s request for termination will result in deactivation but not necessarily deletion of the account. FWW reserves the right to delete, or not delete, a User’s account at FWW’s sole discretion, as well as to delete, or not delete, content at FWW’s sole discretion.
FWW, any FWW Site or a third party may provide links to other websites. FWW exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. FWW shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any User in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The FWW Sites’ Privacy Statement is applicable only when you are on a FWW Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
17. TRADEMARK INFORMATION
FWW, the FWW logo and other FWW trademarks including, but not limited to, “Food and Water Watch,” “Peoples Water Forum” “Chef Rocky” service marks, and product and service names are FWW trademarks or registered trademarks in the United States and in other countries (the “FWW Marks”). All other names and designs may be trademarks of their respective owners.
FWW respects the intellectual property rights of others, and requires that the people who use the FWW Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit FWW to locate the material, including the full URL.
(4) your name, address, telephone number, and email 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If FWW receives such a claim, FWW reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a User’s account in accordance with Section 15.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:
Food & Water Watch
1616 P Street NW
Washington, DC 20036
After receiving a claim of infringement, FWW will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, FWW will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. FWW will take reasonable steps to expeditiously notify the User that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, FWW will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, FWW will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless FWW’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the FWW system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and your reasons for such belief;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FWW may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Please report any violations of our FWWTS to our supporter services at [email protected]