This document sets forth the terms (the “Terms”) for the use of GreenMap.org (the “Website”), a website of Green Map® System, Inc., a public charity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. In these Terms, “we,” “us,” “its” and “ours” refers to Green Map System, and “you” and “your” refers to you.
GreenMap.org provides the public (including individuals, groups and agencies) who wish to create local Green Maps (“Mapmakers”) with Green Mapping tools and the ability to collaborate and develop mapping innovations. The website also provides a common platform to showcase the diverse Green Maps and the stories behind them. Registered Mapmakers provide profiles of their leadership team and their Green Map projects (each a “Project” and collectively the “Projects”), for both the public and the “Mapmaker only” sections. The general public can explore frequently updated resources and background information on the Green Map movement and may contribute comments, donations, shop in the Store and e-mail the Mapmakers directly through the Website.
Green Map System, its logos, the copyrighted Green Map® Icons and other insignia and names (the “Marks”) are registered trademarks and service marks of Green Map System, Inc. All other names and designs may be trademarks of their respective owners. You must follow the Trademark Guidelines at all times.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners and require proper trademark uses, including but not limited to those described in the Trademark Guidelines.
By using the Website, you agree to be bound by these Terms. If you violate any of these Terms, you automatically forfeit your right to use the Website, regardless of any actions we take or don’t take to enforce such forfeiture. Registered Green Mapmakers are also bound by the Terms and Conditions of the Mapmakers Agreement, and in the case of any conflict between those terms and this documents, the Mapmakers Agreement prevails.
We reserve the right, at our discretion, to modify, add or remove portions of these Terms. Such modifications shall be effective immediately upon posting of the modified Terms to the Website. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes.
In addition, each Mapmakers use of a particular Project may be subject to specific guidelines or rules in the Mapmakers Agreement ("Project Rules") established and enforced by the user(s) who moderate the Project (the “Moderator”). To the extent the Project Rules are in conflict with the Terms, the Terms shall prevail.
The Website and all information contained on it is provided on an “as is” and “as available” basis. Green Map System, Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any Project or Project thereon (or any part thereof), with or without notice. We will not be liable to you or any third party for any direct or indirect damages you may incur as a result of such modification, suspension or discontinuance.
You may not use the Website in a manner that violates any applicable law.
By using the Website, you warrant, represent and covenant that:
(A) Any content you provide to the Website is provided free of any trademark
rights, licenses or other intellectual property rights and the use of this content
on the Website in all manners contemplated by these Terms (or any applicable
Project Rules) will not violate the rights of any person or entity.
(B) You will not use the Website or any content obtained there from for any
purpose that is unlawful or prohibited by these Terms (or any applicable Project
Rules).
As a Mapmaker, you agree to:
(A) Provide true, accurate, current and complete information about your Project,
yourself and the Project leadership team as prompted by the Mapmaker's registration
forms for Mapmakers and their Green Map Projects.
(B) Maintain and promptly update the Mapmaker and Project Data to keep it true,
accurate, current and complete at all times.
You are responsible for maintaining the confidentiality of your password and account, and are fully liable for all activities occurring there under. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account.
All information, data, text, maps, icons, software, music, sound, images, sketches, diagrams, translations, photographs, graphics, renderings, mapmaking resources, video, messages or any other materials whatsoever (collectively, "Content"), however posted to, maintained on, or transmitted via the Website, is the sole responsibility and property of the Mapmaker. The Mapmaker, and not the Green Map System, is entirely responsible for all Content that he or she uploads, posts, or transmits via the Website. In the event any Content is deemed illegal under applicable law, we will cooperate fully with applicable authorities in regards to this content.
Except as they may provide pursuant to a “Creative Commons” license or otherwise, and except as provided below with respect to the rights of the Green Map System to Content posted therein, Mapmakers retain all patent, trademark, and copyright rights to all Content they post. We are not responsible for protecting the rights of any Mapmaker to his or her Content, and Mapmakers are not entitled to our assistance in protecting such Content. Although we claim no ownership over any Content, by making Content available in the publicly accessible areas of the Website, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform and publicly display such Content solely for the purposes of providing and promoting Green Map System, Inc., its organization and global movement, the Website and Green Map Projects.
We generally will not screen Content and we are under no obligation to do so. We may, however, investigate complaints regarding Content. After investigating a complaint, we may call upon a Mapmaker to retract, modify, or protect (by means of Project settings or otherwise) the Content in question. If the Mapmaker fails to satisfy such a request within 30 days of the notification, we reserve the right to delete the Content in question, terminate of the account of the Mapmaker, or take other appropriate action.
Materials submitted to the Website are reviewed and, where requested, edited for clarity. We reserve the right to reject frivolous or inappropriate submissions or any other unsuitable materials.
You agree to abide by the following General Rules of Conduct (a violation of any may result in corrective action, the nature of which will be determined by Green Map System in its sole and absolute discretion and may include the termination of your right to use the Website):
You will agree to use the “Communication Services”, which shall include but not be limited to: bulletin board services, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities on the Website, designed to enable you to communicate with the public at large or with Mapmakers, only to post, send and receive messages and material that are proper and directly related to our common work.
The following are examples, but not limitations, of a misuse of the Communication Services. You understand and agree not to:
A). Upload, post or otherwise transmit any content that is in Green Map System's
opinion unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, libelous, invasive to 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, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
D). Manipulate data in order to disguise the origin of, misrepresent or misstate
any Content transmitted through the Website.
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 or other proprietary rights of any party.
G). Upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
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 Website or servers or networks connected to
the Website, or disobey any requirements, procedures, policies or regulations
of networks connected to the Website.
J). Intentionally or unintentionally violate any applicable local, state, national
or international law, or any regulations having the force of law.
K). "Stalk" or otherwise harass another person or company.
L). Collect or store personal data about other users for business purposes.
M). Use the Website as a forwarding service to another website.
N). Allow usage by others in such a way as to violate the Terms.
O). Sell, re-sell, or offer any Project or any portion of the Website (including
use of or access to the Website) for any commercial purposes.
You understand and agree that we, in our sole discretion, may terminate your password, account, and remove and discard any content submitted by you within the Website, for any reason. You agree that any termination of your access to the Website under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately de-activate or delete your account and all related information and files. We reserve the right to bar any further access to such files or the Website. You agree that we will not be liable to you or any third-party for any termination of your access to the Website. Mapmaker Fees received for access to the Network will be refunded only at our discretion.
You agree to indemnify, defend and hold the Green Map System and its respective officers, employees and agents, and each of our website partners harmless 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 your acts or omissions, including claims arising out of your use of the Website, your posting of Content, and your violation of these Terms.
You agree that we are not liable for any direct, indirect, incidental, special,
consequential or exemplary damages for loss of profits, goodwill, use, data
or other intangible losses (whether or not we have been informed of the possibility
of such damages) resulting from
(a) Your inability to use the Website.
(b) Any costs you incur in connection with your access of information from the
Website (whether as replacement of information you obtained from the Website
or otherwise).
(c) Unauthorized access to or alteration of your transmissions or Content.
(d) The conduct of any other user relating to your use of the Website.
Note the following regarding the limited nature of our obligations to you:
1. You use the Website at your own risk. We expressly disclaim any warranty
of any kind, whether express or implied, including implied warranties of merchantability,
fitness for a particular purpose and non-infringement, whether with respect
to the Website itself or any content contained therein. In particular, we are
not responsible for any damage to your computer system or data that results
from your use of the Website.
2. We disclaim any warranty that (i) the Website will meet your requirements,
(ii) the Website will not experience temporary interruptions or will not be
terminated in its entirety, (iii) the quality of any services or products obtained
by using the Website will be satisfactory, or (iv) any problems or errors in
the Website will be corrected.
3. No information or advice you obtain from the Website shall create a contract
between you and us (or between you and the provider of such information or advice),
and any such information or advice is provided free of all warranties.
4. Nothing herein shall be deemed to create an agency, partnership, joint venture,
employer-employee, franchisor-franchisee or other relationship between you and
us or any other person.
The Website may contain links to other Websites ("Linked Sites"). The Linked Sites may not be under the control of Green Map System and Green Map System is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We strongly urge you to carefully review the privacy policies and the Terms of Use of any of these linked sites before you enter or use them in any way. We hereby expressly waive all liability and responsibility for any experiences you may have with these links. The Green Map System is not responsible for webcasting or any other form of transmission received from any Linked Site. Green Map System is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Green Map System of the site or any association with its operators.
In the event that you have a dispute with one or more Website users, you release us (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In particular, you waive any rights you may have under applicable laws of any jurisdiction.
Green Map System, its logos, the copyrighted Green Map® Icons and other
insignia and names (the “Marks”) are registered trademarks and service
marks of Green Map System, Inc. All other names and designs may be trademarks
of their respective owners. The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.