Agreement to Terms
Use of Site
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site or other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Redistribution and Redisplay of Content
The Site is intended for members only. Membership is established through registering and creating an account on the Site and entering the unique code acquired from the Project WET Generation 2.0 guide. Redistribution and redisplay of content to non-members is prohibited.
The content of this Site is protected by the United States copyright and trademark law, international conventions, and other applicable laws. All materials contained in the Site are the intellectual property of Project WET Foundation (“PWF”) or its licensors. Unless stated otherwise, Project WET is the owner, throughout the world, of all rights, titles and interest in and to the marks, names, patents, logos, copyrights and trademarks related to Project WET programs, publications, products and services.
Use of the Site does not constitute a transfer or license of copyright or ownership of any PWF materials, publications or intellectual property to you, the user. Unless you have obtained written permission from PWF, nothing in the Terms and Conditions gives you a right to use any of PWF’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features or copyrighted materials.
Copyright-Infringement Policy; Notice of Copyright-Infringement Claims
Digital Millennium Copyright Act, Safe Harbor Notice Provisions
Such notice must include the following to be effective:
- physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PWF to locate the material.
- Information reasonably sufficient to permit PWF to contact you, such as an address, a telephone number, and, if available, an email address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All written notices should be sent to the following Designated Agent:
Project WET Foundation
301 N. Willson Ave.
Bozeman, Montana 59715
866-337-5486 (toll free in the USA)
All accounts must be registered with a valid personal email address that you access regularly so that emails can be sent to you. We may require users to re-validate their accounts. You may not use multiple logins for access to the Site.
Some areas of the Site allow you to upload user submissions. By use of the Site, you surrender copyright and any other rights for user submissions that you share through the Site. User submissions include any text, messages, photographs, graphics, video or audio and any other materials or content posted by a user to the Site. By submitting, posting or displaying user submissions, you give PWF a perpetual, irrevocable, worldwide, exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and create derivative works based on any user submissions that you submit, post or display on or through the Site. You confirm that you will not submit any images of a minor without an official PWF guardian-signed photo release form.
By use of the Site, you confirm that the materials submitted by you are being sent voluntarily and not in confidence and that no confidential relationship is intended or created between PWF and you by your submission of the materials submitted by you. You further confirm that (i) each and every user submission that you submit is your own original work or that you have obtained written permission to submit the material from the rightful owner, which permission shall be provided to PWF upon request, (ii) you have the right to give PWF permission to use it for the purposes specified above, and (iii) you have the consent of anyone who is identifiable in your user submission, including the consent of a parent/guardian if anyone featured is under the age of 18 years.
User submissions that include images or video should not contain any visible logos, drawings, cartoons, phrases, trademarks or any third-party materials. If any user submission contains any third-party materials, the owner of such material may insist that it be removed from the Site. PWF accepts no responsibility whatsoever in connection with or arising from such user submissions.
User submissions may not be reviewed by PWF prior to posting and may not reflect the opinions or policies of PWF. PWF does not endorse any user submissions and makes no warranties, express or implied, as to the content of the user submissions or the accuracy and reliability of any user submissions. PWF reserves the right to prevent you from submitting user submissions and to edit, restrict, or remove user submissions for any reason at any time.
PWF assumes no responsibility for actively monitoring user submissions for inappropriate content. In submitting user submissions, you agree to restrict your exchanges to the subject matter for which the user submissions are intended. All user submissions are strictly limited to the subject areas of Project WET-related materials, water education-related topics, water-related topics/issues, pre-service education, formal and informal education, and K-12 education, community education, technology in the classroom and pedagogy.
You agree that PWF accepts no liability whatsoever if it decides to prevent your user submission(s) from being submitted or if it edits, restricts, and/or removes your user submission(s). You also agree to permit any other user of the Site to access, view, and comment upon your user submissions. You also acknowledge and agree that to the extent any moral rights of authors are not assignable, you hereby waive any such rights and irrevocably agree not to bring or maintain any claim or action based on any alleged violation of any such moral rights anywhere in the world.
Any informational materials provided on the Site, including, without limitation, the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment, or other advice. Without limitation of the disclaimer paragraphs below, PWF makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Site. If you have any concerns or a situation in which you require professional advice, you should consult with an appropriately qualified professional in the relevant field.
Occasionally, PWF may invite user submission to outside sites (such as Facebook, Twitter, YouTube and TeacherTube, etc.). If you use these sites, please carefully read the applicable Terms and Conditions, as PWF makes no warranties, expressed or implied, as to the content, products or services offered on these sites.
Representations and Warranties
You represent and warrant that: (i) you have full right and authority to enter into these Terms and Conditions, (ii) all user submissions made by you are free of all liens and encumbrances and the claims of third parties, (iii) you have obtained proper written permissions and releases from all persons appearing in the user submissions or whose names or likenesses may be incorporated or used in the user submissions to enable and ensure PWF's full exercise and enjoyment of the rights granted hereunder, (iv) no person who was engaged to work on the user submissions or who appears in the user submissions in any way has any approval or consultation rights or any rights of participation with respect to any use, exhibition, or other exploitation of the user submissions or has any rights for royalty payments or residuals of any kind, (v) the user submissions you make are not subject to any union or guild requirements or restrictions, whether current or ongoing, (vi) you have paid and will pay all amounts that have become or may become payable to any suppliers, musicians, actors, employees, independent contractors, and other rights holders in all or a portion of the user submissions you make, and to any person or persons who rendered services in or in connection with the user submissions, and (vii) you have obtained written permission when filming any part of any of the user submissions on private property not owned or controlled by you, where such permission is required.
You further represent and warrant that your activities on the Site (including, without limitation, any and all user submissions made by you) will not:
- infringe PWF or any third party’s copyright, trademark, trade secret, or other proprietary rights or rights of publicity or privacy or constitute a breach of contract;
- reveal any trade secrets or any information that you have agreed, expressly or by implication, to keep confidential;
- constitute (or encourage conduct that would constitute) a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or create liability for PWF or cause PWF to lose (in whole or in part) the services of our Internet Service Providers or other suppliers;
- transmit content PWF considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, malicious, vulgar, obscene, pornographic, sexually explicit, hateful, or racially, ethnically or otherwise objectionable;
- impersonate or claim the identity, characteristics, or qualifications of any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise be false, inaccurate, or misleading;
- be for commercial purposes or contain advertising or be intended to solicit a person to buy or sell services or to make donations, including spam or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this section;
- constitute, contain, or encourage make-money-fast-type messages, chain letters, or pyramid schemes of any type;
- contain any virus or other harmful component or any other potentially damaging content or otherwise disrupt the normal flow of communication in or operation of the Site in any way or take any action that imposes an unreasonable or disproportionally large load on PWF’s infrastructure, including, without limitation, denial-of-service attacks;
- attempt to circumvent user authentication or the security of any user account or use any robot, spider, or other automatic device or manual process to monitor or copy the Site’s web pages or any of the materials in them; or
- be libelous or defamatory.
The Site may include links to other Internet sites solely as a convenience to users. PWF does not endorse any such linked sites or the information, content, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, PWF makes no express or implied warranties with regard to the information, materials, products, or services contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through link sites, is solely at the user’s own risk.
Disclaimer of Warranties
THE CONTENT, INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PWF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES REALTING TO ANY GOODS OR SERVICES AVAILABLE, OFFERED, OR SOLD ON OR THROUGH THE SITE. PWF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES. PWF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE SITE, IN TERMS OF ITS/THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
No Consequential Damages; Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PWF BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT POSTED TO THE SITE, EVEN IF PWF OR A PWF-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PWF shall have the right to suspend or terminate your access to the Site or any other PWF-related website and refuse to grant you access to use any PWF website in the future with or without warning if PWF, in its sole discretion, believes you have (a) violated or tried to violate the rights of PWF or its affiliates, (b) violated or tried to violate any of the representations, warranties, or other provisions of these Terms and Conditions, or (c) acted inconsistently with any of the provisions hereof. PWF has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit, or otherwise exploit any materials you submit.
Injunctive Relief; Governing Law; Venue
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms and Conditions would cause irreparable injury, that money damages would be an inadequate remedy, and that PWF shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing PWF from pursuing any and all remedies available to it, including the recovery of money damages from you.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the Site shall be filed only in the state or federal courts in and for Gallatin County, Montana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The failure of PWF to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions may not be transferred or assigned by you but may be assigned by PWF without restriction.
PWF is controlled and operated from its United States offices in Bozeman, Montana. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Effective Date: November 15, 2011