Effective August 2012.
Jane Goodall’s Roots & Shoots (Roots & Shoots) is a program of the Jane Goodall Institute (JGI). This website, www.rootsandshoots.org, and any associated subdomain of this site, is owned and operated by the Jane Goodall Institute, a 501(c)(3) non-profit organization headquartered in Vienna, Virginia, USA. The services offered by Roots & Shoots include the rootsandshoots.org Website (“rootsandshoots.org” or “Site”) and any other features, content, or applications offered from time to time by Roots & Shoots in connection with the rootsandshoots.org Website (collectively, the “Roots & Shoots Service”), including the Roots & Shoots Formula, Project Search and Project Profile features.
1. Acceptance of Terms
2. Description of Services
The Rootsandshoots.org Website currently allows Roots & Shoots Members to share their experiences and get ideas for activities and projects from each other by searching project profiles in the Project Database. Any additional or new features of the Roots & Shoots Service, shall be subject to this Agreement.
Use of and Membership in the Roots & Shoots Service is void where prohibited. By using the Roots & Shoots Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Roots & Shoots Service does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, or Roots & Shoots has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Roots & Shoots has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Member Account, Password, and Security
You select a username and password as part of the Service’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Roots & Shoots of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Roots & Shoots cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Non-Commercial Use
The Roots & Shoots Service is for the personal use of Members and Visitors only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Roots & Shoots. Illegal and/or unauthorized use of the Roots & Shoots Service is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Roots & Shoots Service.
6. Content Posted
Roots & Shoots may delete any Content that in the sole judgment of Roots & Shoots violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Roots & Shoots assumes no responsibility for monitoring the Roots & Shoots Service for inappropriate Content or conduct. If at any time Roots & Shoots chooses, in its sole discretion, to monitor the Roots & Shoots Service, Roots & Shoots nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through the Roots & Shoots Service, and any material or information that you transmit to other Members and for your interactions with other Users. Roots & Shoots does not endorse and has no control over the Content. Content is not necessarily reviewed by Roots & Shoots prior to posting and does not necessarily reflect the opinions or policies of Roots & Shoots. Roots & Shoots makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
You acknowledge and agree that Roots & Shoots 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 this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Roots & Shoots, our members, or the public.
7. Proprietary Rights in Content Submitted to Roots & Shoots
Roots & Shoots does not claim ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Roots & Shoots Service. After posting your Content to the Roots & Shoots Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Roots & Shoots Service, you hereby grant to Roots & Shoots a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
The license you grant to Roots & Shoots is non-exclusive (meaning you are free to license your Content to anyone else in addition to Roots & Shoots), fully-paid and royalty-free (meaning that Roots & Shoots is not required to pay you for the use on the Roots & Shoots Service of the Content that you post), sublicensable (so that Roots & Shoots is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Roots & Shoots Service), and worldwide (because the Internet and the Roots & Shoots Service are global in reach).
The Roots & Shoots Service contains Content of Roots & Shoots (“Roots & Shoots Content”). Roots & Shoots Content is protected by copyright, trademark, patent, trade secret and other laws, and Roots & Shoots owns and retains all rights in the Roots & Shoots Content and the Roots & Shoots Service. Roots & Shoots hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Roots & Shoots Content (excluding any software code) solely for your personal use in connection with viewing the Rootsandshoots.org Website and using the Roots & Shoots Service.
The Roots & Shoots Service contains Content of Users and other Roots & Shoots licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Roots & Shoots Service.
8. Content/Activity Prohibited
You agree to not use the Roots & Shoots Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm other members in any way;
impersonate any person or entity, including, but not limited to, a Roots & Shoots staff member or group member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
use blanket or mass messages to reach unreasonably large numbers of groups;
advertise to or solicit funds from any Member or group;
upload, post, email, transmit or otherwise make available 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;
interfere with or disrupt the Roots & Shoots Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
“stalk” or otherwise harass another; or
collect or store personal data about other users.
10. International Use and Export Controls
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.
You agree to indemnify and hold Roots & Shoots, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Roots & Shoots Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Rootsandshoots.org Website or through the Roots & Shoots Service causes Roots & Shoots to be liable to another.
Roots & Shoots may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Roots & Shoots has no control over such sites and resources, you acknowledge and agree that Roots & Shoots is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Roots & Shoots shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
This Agreement constitutes the entire agreement between you and Roots & Shoots, and govern your use of the Service, superseding any prior agreements between you and Roots & Shoots. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If there is any dispute about or involving the Roots & Shoots Service, you agree that the dispute shall be governed by the laws of the State of Virginia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Virginia, City of Arlington.
14. Modifications to Service
Roots & Shoots reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Roots & Shoots shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Roots & Shoots, in its sole discretion, may terminate your membership or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Roots & Shoots believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Roots & Shoots may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Roots & Shoots may immediately deactivate or delete your membership and all related information in your account and/or bar any further access to the Service. Further, you agree that Roots & Shoots shall not be liable to you or any third-party for any termination of your access to the Service.
Roots & Shoots is not responsible for any incorrect or inaccurate Content posted on the Rootsandshoots.org Website or in connection with the Roots & Shoots Service, whether caused by Users of the Roots & Shoots Service or by any of the equipment or programming associated with or utilized in the Roots & Shoots Service. Roots & Shoots is not responsible for the conduct, whether online or offline, of any User of the Roots & Shoots Service. Roots & Shoots assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Roots & Shoots is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Roots & Shoots Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Roots & Shoots Service. Under no circumstances shall Roots & Shoots be responsible for any loss or damage, including personal injury or death, resulting from use of the Roots & Shoots Service, attendance at a Roots & Shoots event, from any Content posted on or through the Roots & Shoots Service, or from the conduct of any Users of the Roots & Shoots Service, whether online or offline. The Roots & Shoots Service is provided “AS-IS” and as available and Roots & Shoots expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Roots & Shoots cannot guarantee and does not promise any specific results from use of the Roots & Shoots Service.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL IN NO EVENT SHALL ROOTS & SHOOTS 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 ROOTS & SHOOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
This Agreement is accepted upon your use of the Rootsandshoots.org Website and/or the Roots & Shoots Service. This Agreement constitutes the entire agreement between you and Roots & Shoots and governs your use of the Service, superseding any prior agreements between you and Roots & Shoots. The failure of Roots & Shoots to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you become aware of misuse of the Roots & Shoots Service by any person, please contact Roots & Shoots at (703) 682-9220 or firstname.lastname@example.org.