Effective Date: July 21, 2009
I. Acceptance of Terms
Please note that in order to use certain features of the Site, you may be required to download additional software or content and agree to additional Terms and Conditions.
II. Copyright and Intellectual Property
Copyright © 2008 - 2010. The Walden Woods Project. All rights reserved.
This Site, and the information which it contains, is the property of The Walden Woods Project (or third parties who have granted The Walden Woods Project permission to reproduce on this Site materials owned by such third parties), and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, The Walden Woods Project is registered trademark of The Walden Woods Project under the applicable laws of the United States.
1. No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that The Walden Woods Project authorizes you to view, copy, download, and print materials available on this Site, subject to the following conditions:
a) Materials may be used solely for noncommercial, educational, and informational purposes. Materials should not be disseminated without prior consent from The Walden Woods Project.
b) Materials may not be modified.
c) Copyright, trademark, and other proprietary notices may not be removed.
d) Content may not be reposted, framed or mirrored on any other web site or computer network without prior permission of The Walden Woods Project or such third party that may own the trademark or copyright of material displayed on this Site.
3. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us and providing the following information:
• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
The Walden Woods Project agent for copyright issues relating to this Site is:
Kathi Anderson, Executive Director
The Walden Woods Project
44 Baker Farm Rd.
Lincoln, MA 01773-3004
Phone: (781) 259-4700
In an effort to protect the rights of copyright owners, The Walden Woods Project maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Site who are repeat infringers.
III. User Conduct | Prohibited Content and Activities
1. The Walden Woods Project reserves the right to remove any content posted by users that we deem inappropriate.
You may not use this Site and related services to:
a) transmit any information, data, text, images, files, links, software, chat, communication or other materials ("Content") that is or which The Walden Woods Project considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
b) sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
c) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
d) introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
e) display material that exploits children under 18 years of age;
f) post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
g) promote, solicit or participate in multi-level marketing or pyramid schemes;
h) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
i) impersonate any other person, including but not limited to, an employee of the Walden Woods Project;
j) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
k) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
l) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
m) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of content which you post to the Site and/or the termination of your access to the Site.
2. Please be sure that any content you post to the Site is content you are comfortable sharing with the public. Users are solely responsible for the content they post. The Walden Woods Project will have no liability related to information posted to the Site, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity or otherwise. Further, The Walden Woods Project is not responsible or liable for any content available on linked web sites. The Walden Woods Project reserves the right to make changes to the Site without obligation to notify any person of such changes.
ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE WALDEN WOODS PROJECT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTEND PERMITTED BY LAW.
You are responsible for maintaining the security and confidentiality of any username and password you receive during any registration process. You are fully responsible for all activities that occur under your password or account. In the event of any loss, unauthorized use, or other breach of security related to your username and password, you agree to notify The Walden Woods Project staff immediately by contacting email@example.com.
V. Third Party Sites | Third Party Endorsements
This Site may contain links to non-Walden Woods Project web sites. These links are provided to you as a convenience. The Walden Woods Project is not responsible for the content of any linked web site. Any external web site accessed from The Walden Woods Project Site is independent from The Walden Woods Project and The Walden Woods Project has no control over the content of that web site. In addition, a link to any non- Walden Woods Project web site does not imply that The Walden Woods Project endorses or accepts any responsibility for the content or use of such a web site.
In no event shall any reference to any third party or third party program, product or service be construed as an approval or endorsement by The Walden Woods Project of that third party or of any program, product or service provided by a third party.
VI. Linking to this Web Site
You may include a link to the The Walden Woods Project Site on another web site so long as the link does not represent The Walden Woods Project or The Walden Woods Project program in a misleading or false manner and does not appear on a web site that is offensive, obscene, or otherwise objectionable.
VII. Changes to these Terms and/or to the The Walden Woods Project Site
VIII. Warranty Disclaimer
USE OF THE THE WALDEN WOODS PROJECT SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUATORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE ACCURACY, RELIABILITY OR COMPLETENESS OF INFORMATION ON THE SITE OR OTHERWISE BY THE WALDEN WOODS PROJECT; (2) NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; (3) INTERRUPTIONS, DELAYS, FAILURES, DATA LOSS, DATA CORRUPTION, AND ERRORS RELATED TO SITE FUNCTIONS AND/OR OR SITE DELIVERY OR TRANSMISSION; OR (4) CORRECTION OF DEFECTS. YOU ARE RESPONSIBLE FOR ASCERTAINING WHETHER INFORMATION OR MATERIALS OR OTHER POTENTIALLY DESTRUCTIVE ITEMS.
IX. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE WALDEN WOODS PROJECT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF THE WALDEN WOODS PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE RECOURSE HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE WALDEN WOODS PROJECT, ITS AFFILIATES AND PARTNERS, AND OUR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS. THE WALDEN WOODS PROJECT RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO YOUR INDEMNIFICATION, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH THE WALDEN WOODS PROJECT IN ASSERTING ANY AVAILABLE DEFENSES.
XI. Dispute Resolution
You agree that these Terms are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, The Walden Woods Project shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
If you violate these Terms, you are violating your Agreement with the Walden Woods Project and will automatically lose the right to use or access Site. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Site, for any reason, with or without notice. In such circumstances, we may delete your account and any content or information you have posted, and may require you to destroy any copies you have of Site content.
These Terms and any other supplemental terms, policies, rules or guidelines posted on the The Walden Woods Project site constitute the entire agreement between you and us and supersede all previous written or oral agreements between parties with respect to the subject matter herein. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Walden Woods Project may, at its sole discretion and without notice, revise these terms at any time by updating this posting.