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These are the rules for using Backyard Jungle. It is important to understand
these rules when using the website and loading in information. Kids please ask
your parents if you have any questions about these rules. Anyone can also email
questions to us at listenup@backyardjungle.org.
This is legal information - the lawyers' official statement of rules and requirements
is listed below.
- This is a website where virtually all material you see is submitted by
the Members. That's what makes the website great. However, that also means
that the quality of the materials depends on the members, so load in good
stuff! Backyard Jungle staff does not accept responsibility for the quality
of the materials, so if you don't like something you see, tell the Member
who put it there by sending them a message on the website!
- Once a member loads any information or materials (including photos and
drawings), those materials become the property of Backyard Jungle. On the
Backyard Jungle website, however, most of the time your Member Name will appear
next to anything you put into the system, so everyone knows who created the
coolest entries. You are not allowed to sell any materials from the Backyard
Jungle website or use them in any way other than for purposes of the website.
Backyard Jungle may reuse those materials in any way in the future, including
displaying the materials on other parts of this or other websites and using
it in advertising.
- You also are not allowed to put your member name on something that someone
else created. We want to give credit to the person (you!) who did the hard
work to explore, create your backyard map, photograph and draw and describe
your Discoveries, and cannot allow for anyone to claim credit for work done
by others.
- Backyard Jungle does not allow any information on the website which might
let visitors determine the actual identity of a member. That's why Backyard
Jungle staff review your Discoveries before letting them appear on the public
website, and that's why you can only send messages from a list rather than
typing your own. (We welcome your suggestions on great messages to add to
the list you can send to others!)
- It is strictly prohibited to load in any obscene or offensive photos, drawings,
text, or other material. This includes mean or vulgar messages that would
offend or hurt others. Any such material will not be published on the website,
and any members attempting to load such materials will be notified and prohibited
from using Backyard Jungle again. Backyard Jungle staff review every new Discovery
before it appears on the website for public view, so any obscene materials
will not be allowed to show up on the website.
Here's the lawyer's way of saying these same things officially:
Legal Statement of Terms of Use
1. AGREEMENT TO WEBSITE VISITOR'S TERMS OF USE
Please read all of the following Website Visitor's Terms of Use, including
the important warnings, restrictions and disclaimers, before accessing and/or
using any of the resources and functions that are available on or through Backyard
Jungle (also referred to herein as www.backyardjungle.org). By accessing and/or
using www.backyardjungle.org, you confirm that you understand, and agree to
be bound by, all of the following Website Visitor's Terms of Use, including
the important warnings, restrictions and disclaimers set forth below.
If you do not agree to be bound by all of the following restrictions, disclaimers,
and warnings please exit the Backyard Jungle web site immediately.
Forum One Communications may revise and update these Website Visitor's Terms
of Use at any time and post those changes here, and your continued access to
or use of the Backyard Jungle web site thereafter shall constitute acceptance
of such revised and updated terms.
2. Backyard Jungle STATEMENT OF PRINCIPLES AND VALUES
Backyard Jungle is committed to serving the needs of young people, parents,
educators, and others interested in environmental exploration and action. Backyard
Jungle is operated according to the following basic principles and values:
Authenticity: We require www.backyardjungle.org users to load only information,
photographs, and drawings they have created themselves.
Professionalism: Backyard Jungle and Forum One Communications does not,
under any conditions, allow the selling of copyrighted material, and reserves
the right to remove any unlawful or potentially unlawful posting on its web
site. If Forum One Communications, in its sole and absolute discretion, determines
that a user or visitor to www.backyardjungle.org has posted or submitted any
communication or content which is unlawful, harmful, threatening, abusive, harassing,
defamatory, false, vulgar, obscene, libelous, invasive of another's privacy,
hateful, racist, fraudulent, or otherwise objectionable, then, in addition to
any other remedies available at law or equity, Forum One Communications may
permanently revoke such user's permission to access or use www.backyardjungle.org.
General Disclaimer of Liability: The contents of www.backyardjungle.org,
such as text, graphics, images, audio, and software, including that licensed
by Forum One Communications to permit users to access or use www.backyardjungle.org,
and any products or services in which any of the foregoing are embodied, are
collectively referred to herein as "Content." Without limiting any of the foregoing
notices and disclaimers, please note that the Backyard Jungle Website and Content
are made available without warranties or guaranties of any kind, and Forum One
Communications disclaims any liability for any injury or damage resulting from
the use of the Backyard Jungle web site or any information, advice, goods, services,
or other resources that may be mentioned or made accessible through www.backyardjungle.org.
Forum One Communications and its grantor partners do not guarantee that the
Information is accurate, current or suitable for any particular purpose. The
Forum One Communications and its grantor partners assume no obligation to update
or continue to post the Information. The Forum One Communications and its grantor
partners do not guarantee that access to this Website will be uninterrupted,
that this website will be free of viruses or that this Website cannot be tampered
with by third parties. THE BACKYARD JUNGLE WEBSITE AND THE INFORMATION CONTAINED
THEREIN ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
You acknowledge that in connecting to www.backyardjungle.org, information will
be transmitted over local exchange, inter-exchange, and Internet backbone carrier
lines and through routers, switches, and other devices owned, maintained, and
serviced by third party local exchange and long distance carriers, utilities,
Internet service providers and others, all of which are beyond the control and
jurisdiction of Forum One Communications and its suppliers. Accordingly, Forum
One Communications assumes no liability for or relating to the delay, failure,
interruption, or corruption of the Content, or any portion thereof, or any data
or other information transmitted in connection with the use of www.backyardjungle.org.
3. USER SUBMISSIONS
Except as expressly stated in this Website, all information (including graphics,
text, communications, and everything else you load into the system), documentation
and other content posted in this Website (collectively, the "Information") is
the property of Forum One Communications. Without limiting the foregoing, the
graphics, icons, organization, arrangement, and overall appearance of this Website
are also the property of the Forum One Communications. The Information is protected
by U.S. and international copyright, trademark, and other laws and conventions,
both as individual works and as a collective work and/or compilation. You may
not sell, reprint, or republish, or copy for other than your own personal non-commercial
use, in any form or media, the Information or any portion thereof without the
prior written consent of the Forum One Communications. You agree to abide by
any and all additional copyright notices, information, or restrictions contained
in any Information on the Website. You agree not to delete any copyright or
similar notice from any Information you obtain from this Website. Except for
information pertaining to the clauses of the Backyard Jungle privacy statement
where information you submit is protected and confidential, any communication
or material that you post on www.backyardjungle.org is considered to be non-confidential.
You agree that you will not upload or transmit any communication that infringes
any patent, trademark, trade secret, copyright, or other proprietary rights
of any party. "Backyard JungleTM" is a trademark of Forum One Communications.
All other trademarks, service marks, and logos used in this Website are the
trademarks, service marks, or logos of their respective owners.
Forum One Communication's Right to Edit, Adapt, Remove or Refuse to Post
Material:
Forum One Communications reserves the right to edit, adapt, remove or refuse
to post any material submitted for posting to the Backyard Jungle websites.
This includes the right to remove any or all content of any time at any time.
Forum One Communications will evaluate individual "Discoveries" materials (as
defined by the Discoveries category of information on the website) submitted
by users for posting to the public access areas of the Backyard Jungle website
before they will appear on the public website. Forum One Communications does
not undertake to investigate or evaluate any such material posted to the member-only
password protected section that the member uses to upload and store his or her
materials.
No Postings in Violation of Law:
Forum One Communications strongly cautions all users of the Backyard Jungle
web site against posting material which infringes upon the copyright, trademark,
privacy, or any other right of any third party, or which violates any local,
state, or Federal law. As a www.backyardjungle.org user, you agree to indemnify,
defend and hold harmless Forum One Communications and its officers, directors,
employees, and agents against any liability arising from your posting of any
material on www.backyardjungle.org.
Linking:
You are permitted and encouraged to link into www.backyardjungle.org from
your own web page.
Change in Content:
The Content is subject to change without notice at the sole, editorial discretion
of Forum One Communications. If you violate any of these Website Visitor's Terms
of Use, your permission to access or use www.backyardjungle.org will automatically
terminate.
4. SPONSORSHIPS & ADVERTISEMENTS
Backyard Jungle does not post advertisements for commercial products or
services on the website. Backyard Jungle contains acknowledgements of sponsorships
in the form of logos and references to third parties, and these sponsorships
may contain links to other web sites. Unless otherwise specifically stated,
Forum One Communications does not endorse any product or service or make any
representation regarding the content or accuracy of any materials contained
in, or linked to, any sponsorship on www.backyardjungle.org.
5. LINKS TO OTHER WEBSITES
www.backyardjungle.org may contain links to third party web sites. If so, these
links are provided solely as a convenience to you. Forum One Communications
and Backyard Jungle is not responsible for the content of any linked third party
sites, and does not make any representations regarding the content or accuracy
of any content or materials on such third party web sites. If you access any
linked third party web site, you do so at your own risk. Your use of third party
web sites is subject to the terms and conditions of use for those sites.
6. OTHER TERMS OF USE
Indemnity: You agree to defend, indemnify and hold Forum One Communications,
its officers, directors, employees, agents, shareholders, partners, affiliates,
licensors, and/or suppliers, harmless from and against any claims, actions,
demands, liabilities and settlements, including, without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your use
of www.backyardjungle.org and/or its Content. Forum One Communications shall
provide notice to you promptly of any such claim, suit, or proceeding and shall
reasonably cooperate with you, at your expense, in your defense of Forum One
Communications against any such claim, suit or proceeding.
Forum One Communications reserves the right to change these Website Visitor's
Terms of Use at any time without prior notice to you. Therefore, PLEASE BE AWARE
that by accessing or using www.backyardjungle.org, including any features therein
your agreement to these Website Visitor's Terms of Use. If you are not willing
to be bound by these Website Visitor's Terms of Use, please exit www.backyardjungle.org
now.
Except as expressly provided in a particular "legal notice" on www.backyardjungle.org,
or as otherwise expressly provided by Forum One Communications in writing, these
Website Visitor's Terms of Use constitute the entire agreement between you and
Forum One Communications with respect to your use of the Backyard Jungle web
site and/or Content. If you are not willing to be bound by these Website Visitor's
Terms of Use, please exit www.backyardjungle.org now.
Forum One Communications respects copyright law and expects our users to do
the same. Unauthorized copying, distribution, modification, public display,
public performance, or creation of derivative works of copyrighted materials
is an infringement of the exclusive rights of copyright holders. As a condition
of your use of the Site, you agree that you shall not use the site to infringe
the intellectual property rights of others. Forum One Communications reserves
the right, in its sole discretion, to edit, refuse to post or remove any material
submitted to or posted on the Site.
This Agreement contains the entire understanding and supersedes all prior understanding
of the parties hereto relating to the subject matter hereof, and cannot be changed
or terminated orally. If any provision of this Agreement is found to be illegal
or unenforceable, the Agreement will be deemed curtailed to the extent necessary
to make it legal and enforceable and will remain, as modified, in full force
and effect. This Agreement and all matters or issues collateral thereto will
be governed by, construed and enforced in accordance with the Laws of the State
of Virginia applicable to contracts executed and performed entirely therein
(without regard to any principles of conflict of laws), and jurisdiction for
any court action in the State of Virginia.
To use, copy or reproduce Forum One Communication's copyrighted material found
on the site, you must secure prior written consent from Forum One Communications.
To obtain Forum One Communication's permission to use its copyrighted material,
write or send an email or hard copy letter to:
Forum One Communications
2200 Mount Vernon Avenue
Alexandria VA 22301
Email: listenup@backyardjungle.org
Please include the following information in your communication: Full name of
the article, page or graphic and caption you would like to use. Your full name,
address, telephone number and email address. A statement concerning how you
would like to use our material.
Forum One Communications may also provide copyrighted material on the site
that is available for educational use. Materials available for educational use
is clearly marked "FOR EDUCATIONAL USE" and may be copied, reprinted, displayed
and distributed without obtaining Forum One Communication's written consent.
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