Terms

TERMS OF USE

Welcome to www.greenandgrowing.org, an interactive online news outlet operated by Foundation Monitor Media Group and its subsidiaries.

The present document represents a binding agreement between Foundation Monitor (referred to as “we”, “the website”, “us,” “we”, “our” or “the site”) and you. Foundation Monitor represents an online media outlet and your use of the service is subject to your compliance with the terms presented as follows.

Please make sure to carefully read this document before accessing any of the services provided by Foundation Monitor. When using Foundation Monitor (including but not limited to its online services, mobile applications, features, rss), you agree to adhere to the Terms of Use presented in the following document. If you DO NOT agree with the conditions as they are stated, please do not access the website.

By accessing the website, you acknowledge that the present Terms of Use are supported by careful consideration. You hereby acknowledge its receipt and sufficiency.

The considerations includes (but is not limited to) your use of greenandgrowing.org as well as the materials and information presented to you by way of the website or in any of its services (including but not limited to its online services, mobile applications, features, rss).

This Terms of Use is completed by our privacy policy, which better explains how Foundation Monitor collects and handles information about you. A copy of this Privacy Policy can be found by clicking on the “Privacy Policy” button on the website’s homepage.

The present Terms of Use may be modified at Foundation Monitor’s discretion and without previous notifications. Any and all modifications are immediately effective after the posting of a modified Terms of Use document. Please constantly review the website’s Terms of Use in order to be aware of any modifications. Your continued use of the website is deemed as a conclusive acceptance of the agreement and any modifications.

1)    USE OF FOUNDATION MONITOR

The content presented to you by Foundation Monitor is intended for non-commercial, purely informative, personal purposes.

Upon using Foundation Monitor, you agree to be compliant with any and all applicable local, state or federal laws including (but not limited to) copyright law. By accessing the site, you understand that apart from the services clearly identified as such, Foundation Monitor does not control, operate or endorse any information, products or services. As long as you comply with the Terms of Use as they are presented here, Foundation Monitor grants you a non-exclusive, personal, non-transferable privilege to enter the website and access the information presented.

Unless expressly permitted to do so, you may not use, distribute, rewrite, create derivative works or reproduce the content presented on Foundation Monitor.

You are barred from using any type of crawling software including “deep-link”, “robot”, “spider”, “page-scrape” or other automatic screening software in order to access, monitor or copy the material posted on the website.

2)    INTELLECTUAL PROPERTY

International copyright and trademark laws protect the content presented to you on Foundation Monitor. The website and its affiliates are the sole copyright and trademark owners. Consequently, you are prohibited from modifying, copying, reproducing, republishing, uploading, transmitting, uploading, distributing or rewriting the material found on the website. Apart from written content (such as articles and posts), any other type of content, including but not limited to text, graphics, code, videos, podcasts, logos, artwork, URLs, documentation, technology, interactive features, computer code, design, selection, structure, “look and feel” is also under international copyright protection laws and may not be used without the express, written consent of Foundation Monitor.

You are allowed to print and download portions of the material solely for personal, non-commercial, educational, entertainment use as long as you agree to not modify any copyright or proprietary notices contained. In many instances, website content can also include third-party-posted content. Such content does NOT represent the opinions and judgments of Foundation Monitor and the website does not accept liability for any content belonging to third-parties.

Furthermore, unless expressly permitted to in these Terms of Use, users MAY NOT:

  1. Remove, cover, alter, distort any trademark or copyright rights notice on the Website content
  2. Interfere, disable or circumvent any security-related features on Foundation Monitor, including but not limited to, features preventing or restricting the use of any content
  3. Make use of automatic devices (such as robots or spiders) or manual procedures to use, copy or “scrape” content from Foundation Monitor.
  4. The website has granted search engine operators a specific permission to use such automatic devices for the only purpose of allowing searchable indexes of Website Content to be created.
  5. Collect or otherwise use any personally identifiable information contained in the website, including but not limited to, user names, email addresses, or passwords.
  6. Contact Foundation Monitor users to join or become members of online organizations or services without a written approval.
  7. Interfere, overburden or impair in any way the correct working of greenandgrowing.org
  8. Reverse engineer, decompile, disassemble, use network-monitoring technology to understand or determine the architecture and usage data from the website
  9. Encourage any type of conduct which contradicts local, state or federal legislation, be it civil or criminal
  10. Conduct yourself in any way that violates US export laws
  11. You agree hereby to grant your full cooperation with Foundation Monitor in the case of any investigation that is in breach with the present Terms of Use.

You may not rely solely on the information and opinions presented on the website. In any instance, you are solely responsible for evaluating the accuracy, correctness, completeness, objectiveness, timeliness and usefulness of any website content presented to you by Foundation Monitor. The website accepts no liability for any loss or damage that may have occurred as a result of your reliance on the website content.

Foundation Monitor may include links (hyperlinks) to third-party websites. We do not accept any liability for the content found on such websites. Foundation Monitor does neither operate nor control the content included on third party websites and it is your responsibility to assume liability for using such third-party links. Furthermore, Foundation Monitor does not assume liability for any loss or damages resulted after visiting third-party websites.

3)    USER REGISTRATION

For certain features to become available to you, you may be asked to become a registered user of Foundation Monitor.

There are clear age restrictions: users under the age of thirteen are BARRED from registering as a user on the Website.

If deciding to register with the website, you hereby agree to provide true, complete and correct registration information. Any changes in such information should be swiftly updated.

During your registration process, you will be asked to create a User Name and a corresponding Password, which grant you access to additional areas of the Website. Normal users are not privy to all this information. You hereby agree to be responsible for maintaining the secrecy of our Membership with the website and are solely responsible for the activity originating from your Membership, regardless of whether you have authorized the activity or not.

4)    USER GENERATED CONTENT

Foundation Monitor allows its readership to post, transmit and upload “user-generated content”. Such content, including but not limited to comments, text, illustrations, messages, files, graphics, photos, images, sounds, videos, information and other materials is subject to the websites Terms of Use.

We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. We do not monitor or edit visitor activity and user-generated content. Consequently, you are solely responsible for monitoring the content you submit to the website.

Foundation Monitor may delete any user-generated content without previous notice if it contradicts any of the terms presented herein. By contributing to Foundation Monitor, you agree that your content is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, sexually explicit, obscene or pornographic and does not promote violence; does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information, does not violate any applicable law or regulation.

You are barred from submitting any user content that is under copyright, patent or trademark rights without the express, written permission of the respective rights owner. You alone are liable for any damage that may result from your posting and failure to obtain the respective permissions.

Furthermore, you agree to grant Foundation Monitor a royalty-free, non-exclusive, worldwide license including the right to reproduce, sub-license, reproduce, change, distribute, transmit and publicly display any content you submit to the website, including but not limited to comments, contributions, guest posts, submissions, emails.

You are not permitted to submit user content which

  1. Is protected by copyright, patent, trade secret, trademark, moral right, intellectual property or other proprietary rights without EXPRESS WRITTEN permission from the owner of the said right. Contributing content on Foundation Monitor is done at your sole liability for any damage which may result from your failure to obtain the necessary permissions
  2. Infringes, violates or disregards the rights of any other users, including but not limited to, copyright, patent, trademark, intellectual property or proprietary rights of any kind
  3. Is unlawful, abusive, threatening, defamatory, libelous, invasive of privacy rights, obscene, vulgar, sexually explicit, pornographic in nature or in any way objectionable.
  4. Encourages unlawful conduct, criminal offenses, civil liability or otherwise law violations of any kind
  5. Represents an advertisement for goods, services or fund solicitations
  6. Contains personal information such as addresses, social security numbers, employer references, account numbers
  7. Represents a chain letter of any kind
  8. Contains instructions, which, could lead to injuries of any kind.

After user content submission, you agree to automatically grant Foundation Monitor a worldwide, royalty-free, irrevocable, nonexclusive, perpetual and transferable right. Foundation Monitor and its subsidiaries are therefore granted the license to reproduce, use, distribute, create derivative works, rewrite, publicly display, transmit and publish your user content as Foundation Monitor, in its sole discretion, deems fit.

Additionally, you also grant other users the permission to use, reproduce, distribute, create derivative works, rewrite, publicly display, transmit and publish your user content for non-commercial, personal uses as is permitted by the Terms of Use.

Furthermore, by submitting content to the Website, you also grant Foundation Monitor the right but not obligation to use any relevant information (including but not limited to name, geographical location, age) in connection with broadcast, online or print publications of your User content. You therefore waive any and all claims you may now or later have to “moral rights” or “droit moral rights” in respect to the user content you submitted.

5)    DISCLAIMER

By accessing Foundation Monitor, you expressly agree that you are using the website and its services at your risk. Any content on the website is presented to you on an “as is”, “as available” basis and as such, the website does not offer any warranty (neither expressed nor implied), without limiting the forgoing and to the fullest extent that the law permits, as to the accuracy and correctness of the information.

We offer no warranties that Foundation Monitor will meet your standards. Due to the volatile nature of the Internet Foundation Monitor accepts no liability for any availability, accuracy, usefulness, security, timeliness or informational value of the content presented. We offer no financial, personal, career advice. Foundation Monitor accepts no warranties as to the title, non-infringement, merchantability for a particular purpose, nor does it offer warranties concerning the reliability of the results obtainable from using the website’s services. We do not offer any warranty that your use of the website will be continuous or secure.

In no event will the website be liable for any incidental, indirect or consequential damages (including but not limited to business interruption, loss of information or programs, damages for loss of profits) arising out of the use of the services provided by Foundation Monitor.  Furthermore, Foundation Monitor does not accept any liability for other claims attributable to omissions, errors, and inaccuracies in the materials or information presented on the website.

INDEMNIFICATION

You agree to indemnify and hold harmless Foundation Monitor as well as its affiliates, directors, employees, contributors, officers, partners, successors, agents, partners, subsidiaries and related companies from and against any claim of loss, liability, damages, obligations, costs, expenses (including but not limited to reasonable lawyer fees) arising as a result of your access or use of Foundation Monitor and its services, your membership, any  breach of your representation, warranty, or your acts and omissions.

You hereby agree to hold Foundation Monitor and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any claims of:

  • Liability, loss, damages, costs and expenses, obligations which may arise in connection to your access and use of Foundation Monitor, the User Content herein provided or your Membership
  • Actual or alleged violations or breaches of the present Terms of Use
  • Actual or alleged breaches of warranty, representation or covenant which you have made to us
  • Your acts of omissions

DATA PROTECTION

Foundation Monitor collects its readership’s personally identifiable information for service improvement purposes. Please consult the website’s Privacy Policy (which you can find by clicking the “Privacy Policy” link located on the site’s homepage). The website respects the right to privacy of all its readers, contributors and collaborators and as a result, editors, guest and longstanding authors are given the possibility of posting their work via pennames.

TERMINATION

Foundation Monitor reserves the right to cancel, suspend or terminate any use of its service to you or block your access to the website without prior notice for any reason, including but not limited to your failure to comply with the Terms of Use presented herein. Any such suspension or termination does NOT affect your obligations towards Foundation Monitor under these Terms of Use, which survive the suspension or termination.

MISCELLANEOUS

Additional policies and terms may exist apart from those presented herein. They do NOT replace the terms regarding the use of the content on the website unless expressly stated.

Lack of waiver: Foundation Monitor’s failure to enforce provisions of the Terms or to respond to possible breaches by you or third parties will not constitute a waiver of its rights to subsequently enforce terms and conditions of the terms or to act with respect to such breaches.

You agree that between Foundation Monitor and you, NO joint venture, NO partnership, NO employment, NO agency relationship exists.

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