Terms of Service

Terms of Service – Pachamama Alliance Global Commons

The following terms and conditions govern all use of the Pachamama Alliance Global Commons online community (PA Online Community), and all content, services and products available at or through but not limited to, the Pachamama Alliance Website, and the PA Online Community. The PA Online Community is owned and operated by Pachamama Alliance. The PA Online Community is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pachamama Alliance’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this site by Pachamama Alliance (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the PA Online Community. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the PA Online Community or use any services. If these terms and conditions are considered an offer by Pachamama Alliance, acceptance is expressly limited to these terms.

Your Pachamama Alliance Account

If you create an account on the PA Online Community, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Pachamama Alliance of any unauthorized uses of your account or any other breaches of security. Pachamama Alliance will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Privacy

It is your responsibility to enter your personal data as accurately and completely as possible, and, should your personal data change, to update the information as quickly and accurately as possible. Giving false information gives Pachamama Alliance the express right to terminate this agreement and suspend or remove your PA Online Community account without prior warning.

Pachamama Alliance will not disclose personal information to third parties without your consent, unless required to do so by law. By providing your personal information Pachamama Alliance may contact you by email, text or phone with campaign updates and other offers of engagement. You can unsubscribe at anytime. For more information, you can read the full privacy policy.

Responsibility of Contributors

If you post material to the PA Online Community, post links on the PA Online Community, or otherwise make (or allow any third party to make) material available by means of the PA Online Community (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Pachamama Alliance or otherwise.

User Content License

User contributions are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Without limiting any of those representations or warranties, Pachamama Alliance has the right (though not the obligation) to, in Pachamama Alliance’s sole discretion (i) refuse or remove any content that, in Pachamama Alliance’s reasonable opinion, violates any Pachamama Alliance policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the PA Online Community to any individual or entity for any reason, in Pachamama Alliance’s sole discretion.

Pachamama Alliance Use Of Your Content

You retain your rights to any content you submit, post or display on or through the PA Online Community. By submitting, posting or displaying content on or through the PA Online Community, you grant Pachamama Alliance a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). Pachamama Alliance will endeavor to contact you in advance, and to attribute the source in publication; however, Pachamama Alliance cannot guarantee that this or that such contact would happen prior to usage. You will receive no compensation for Pachamama Alliance’s use of your content. Pachamama Alliance is under no obligation to post or use any content that you provide and may remove any content at any time in Pachamama Alliance’s sole discretion.

Responsibility of PA Online Community Visitors

Pachamama Alliance has not reviewed, and cannot review, all of the material, including computer software, posted to the PA Online Community, and cannot therefore be responsible for that material’s content, use or effects. By operating the PA Online Community, Pachamama Alliance does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The PA Online Community may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The PA Online Community may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pachamama Alliance disclaims any responsibility for any harm resulting from the use by visitors of the PA Online Community, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Pachamama Alliance links, and that link to Pachamama Alliance. Pachamama Alliance does not have any control over those non-Pachamama Alliance websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pachamama website or webpage, Pachamama Alliance does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pachamama Alliance disclaims any responsibility for any harm resulting from your use of non-Pachamama Alliance websites and webpages.

Copyright Infringement and DMCA Policy

As Pachamama Alliance asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pachamama Alliance violates your copyright, and if this website resides in the USA, you are encouraged to notify Pachamama Alliance in accordance with Pachamama Alliance’s Digital Millennium Copyright Act ("DMCA") Policy. Pachamama Alliance will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pachamama Alliance will terminate a visitor’s access to and use of the PA Online Community if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pachamama Alliance or others.

Intellectual Property

This Agreement does not transfer from Pachamama Alliance to you any Pachamama Alliance or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pachamama Alliance. Pachamama Alliance, the Pachamama Alliance logo, and all other trademarks, service marks, graphics and logos used in connection with Pachamama Alliance, belong to Pachamama Alliance. Other trademarks, service marks, graphics and logos used in connection with the PA Online Community may be the trademarks of other third parties. Your use of the PA Online Community grants you no right or license to reproduce or otherwise use any Pachamama Alliance or third-party trademarks.

Changes

Pachamama Alliance reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the PA Online Community following the posting of any changes to this Agreement constitutes acceptance of those changes. Pachamama Alliance reserves the right that Pachamama Alliance shall not be liable to any member or other third party for any such modification, suspension or discontinuance. Pachamama Alliance may also, in the future, offer new services and/or features through the PA Online Community (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Notice

All notices to you shall be in writing and shall be made either via email or conventional mail. Pachamama Alliance may broadcast notices or messages through PA Online Community to inform you of changes to this agreement or other matters of importance; such broadcasts shall constitute notice to members.

Termination

Pachamama Alliance may terminate your access to all or any part of the PA Online Community at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pachamama Alliance account, you may simply discontinue using the PA Online Community. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The PA Online Community is provided "as is". Pachamama Alliance and its affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pachamama Alliance nor its affiliates, makes any warranty that the PA Online Community will be error free or will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content through, the PA Online Community at your own discretion and risk.

Limitation of Liability

Messages in the PA Online Community that are written by individual members of the community represent the opinion of the individual and not necessarily the opinion of Pachamama Alliance. Pachamama Alliance is not liable for acts or omissions of users, including the files, data and / or materials that they make available on this online community.

Pachamama Alliance therefore provides no guarantees regarding the accuracy or quality of the contents of files, data and/or materials provided by its users. Pachamama Alliance accepts no liability for any damages resulting from use of content shared by community members on the PA Online Community, and is not responsible for the accuracy and completeness of such content. Official positions and statements of Pachamama Alliance can be found on www.pachamama.org The contents of any activities organized by the PA Online Community members on the online platform should never conflict with the law or the principles of Pachamama Alliance. Pachamama Alliance accepts no liability arising from PA Online Community members choosing to act contrary to the law, or the willful infliction of harm. Pachamama Alliance has no control over the actual activities of Pachamama Alliance Community members, and accepts no liability for the consequences of activities by PA Online Community members. Pachamama Alliance is not obliged to compensate damages resulting from any activities organized through Pachamama Alliance.

General Representation and Warranty

You represent and warrant that (i) your use of the PA Community will be in strict accordance with the Pachamama Alliance Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the PA Online Community will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

Users shall indemnify, defend and hold harmless Pachamama Alliance, and its contractors and affiliates and their respective officers, employees and agents, 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 PA Online Community; his or her or their submission, posting or transmission of content or his or her or their violation of the agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Pachamama Alliance and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pachamama Alliance, or by the posting by Pachamama Alliance of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the PA Online Community will be governed by the laws of the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco, California.

 

This document was last updated March 10, 2017.

Originally adapted from the WordPress Terms of Service.

Content is available under a Creative Commons Attribution-ShareAlike 4.0 International License.

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