This document sets forth the terms (the “Terms”) for the use of widgets (see paragraph 3-e for definition) and websites (the “Websites” or "GreenMap.org" or "OpenGreenMap.org" or “Open Green Map” or “OGM” (also see Paragraph 3-c)) 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, "GMS", “we,” “us,” “its” and “ours” refers to Green Map System, and “you” and “your” refers to you.
The term Content ("Content" or "Data") refers to the information, text, images, data, links, software, or other material accessible through the Website, whether created by us or provided by another person for display on the Website.
Effective Date
The effective date of these Terms and Conditions of Use is September 8, 2008.
1. Acceptance of Terms
Welcome to Green Map System. By using our Website, you indicate your unconditional acceptance of the following Terms of Use. Please read them carefully, as they may have changed since your last visit. 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 (linked to Legal on the Website's home page). Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes.
These Terms of Use apply to all Green Map online services and features unless otherwise indicated. 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.
OGM utilizes Google Map’s API, and Google’s Terms of Use must be followed. Content can be included on this Website using other third party websites, including but not limited to YouTube and Flickr. The Terms of Use of all third-party vendors must be followed.
2. Scope of Services
In order to encourage inclusive participation in sustainable community development, Green Map System provides the public with access to Green Maps, which are locally-authored maps that use Green Map Icons to indicate natural, cultural, social and/or sustainability sites, routes and resources (“Green Map”). A Green Map may be printed or digitalized or created in other formats, including but not limited to an interactive Open Green Map ("OGM Map") created with our Open Green Map mapmaking Website ("OGM Tool"). The OGM Tool is part of GreenMap.org and may also be accessed at OpenGreenMap.org. Widgets are compiled applications that present OGM content in external websites or other digital formats.
The Websites also provide a common platform to access and promote the diverse Green Maps and share the stories of the people who created them ("Mapmakers" or "Green Mapmakers"). 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 access and share the digital editions of locally published Green Maps and interactive OGM Maps, explore frequently updated resources and background information on the Green Map movement and may contribute comments in any language, images, videos, links, ratings, donations, shop in the Store and e-mail the Mapmakers directly through the Website. We welcome your participation.
Visitors to this Website ("you") are responsible for obtaining any equipment and Internet service necessary to access our Website and must pay any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or other reasons.
3. Definition of Users
a. Mapmakers
A Mapmaker is an individual, group, organization or agency who has registered with Green Map System and signed the Mapmaker License Agreement, granting them rights to utilize the mapmaking resources, licensed materials and the rights described under Scope of Use therein.
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.
b. Sitemakers
A Sitemaker ("Sitemaker") is a member of the General Public who creates an account in order to contribute sites to the OGM. Sitemakers may add charted site descriptions ("Site Profiles") to the World OGM Map or create Widgets. Sitemakers may not create their own OGM Maps. Sitemakers must be 13 years or older to participate.
c. General Public
The General Public is any visitor to the Websites or related Widgets who views information, adds comments to existing sites, or interacts with Website contents. The term "Websites" includes "MapaVerde.org", "GreenAppleMap.org", "GreenAtlas.org" and others owned by Green Map System.
d. Contributor
A Contributor is anyone, including a Mapmaker, Sitemaker, or member of the Gerneral Public who posts content to any of GMS Websites or Widget. Every Contributor agrees that their Data can be used as described herein.
e. Widgetmaker
A Widgetmaker ("Widgetmaker") is someone who creates a Widget on the Website. The General Public can share OGM Maps as snips of code that can be embedded within any web page without additional compilation ("Widget"). Use of such Widgets are also subject to the rules of this Terms of Use. A widget host ("Widgethost") is a website (or other digital platform) that has embedded a OGM Widget.
f. Site Representative
A Site Representative is an individual who is affiliated with or owns a site mapped on the OGM or in a Green Map project. When a site representative adds their own site, or posts comments to their site’s entry, they must identify themselves as representative of the site.
g. Press
A Press User is a specialized user of this Website or its contents who presents a portion in print, online, for broadcast or other media with clear attribution of the source, link to the source, and in many cases, the approval of GMS. GMS may seek limits on length and explanation of how the content has been modified.
h. Commercial User
A Commercial User is a specialized user of GreenMap.org or OGM, its data, information or technology for commercial purposes. Any such use must be approved in advance by Green Map System. Data can be used for non-commercial purposes using the provided API, Widget and RSS feed. The data may not be used for any commercial purpose without express permission.
4. Data and Information
Visitors have personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these terms and conditions.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website or Widgets, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
5. Intellectual Property Rights and Copyright
a. Trademark and Copyright
Green Map System, its logos and Green Map® and other insignia and names (collectively, the “Marks”) are registered trademarks and service marks of Green Map System, Inc. The Green Map® Icons are fully protected under US and international copyright law. Green Map may appear in other languages, such as Mapa Verde, Peta Hijau, etc. All other names and designs not referring to the Marks may be trademarks of their respective owners.
The Marks are used with permission by those defined herein. The linked logo of Green Map System is embedded on OGM maps and must not be removed.
b. Website and Widget Copyright
This Website is copyright Green Map System, Inc. 2008. When you reproduce any Content of this Website, you must include attribution and a link to GreenMap.org. Content created with the interactive mapmaking website, the Open Green Map ("OGM Tool") can be reproduced though means provided online, including Widgets and 'share this' features. Content reproduced from this Website must retain identifying text, such as captions or descriptions, marks, logos, and links. Your usage of the OGM Tool is subject to this Terms of Use and to the terms of the copyright and Terms of Use for the Google Map or other basemap, API and embedded multimedia. Within the OGM Tool, your usage of the Google Map API is free. The use of the Drupal open source content management system is gratefully acknowledged.
c. Green Map Icons
The Green Map Icons and logo are copyright © Green Map System, Inc. 2008. All rights reserved. The copyrighted Icons are licensed to registered users of the Green Map System for use on locally created Green Maps, on interactive Open Green Maps, and supporting educational and outreach materials. You may not resell, rent or lease the Icons, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the Icons without prior written permission from Green Map System.
d. Content Use and Copyright
Unless otherwise noted, all Content contained on this Website is the property of GMS and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation from GMS and made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Contributors retain all rights to all Content they post. We are not responsible for protecting the rights of any Contributor to his or her Content, and Contributors are not entitled to our assistance in protecting such Content.
All Contributors irrevocably grant GMS and its representatives, affiliates, licensees and assigns the absolute right and permission to use in any manner or form the Content in conjunction therewith for any lawful purpose.
All Contributors further waive any right to inspect or approve the use of the Data and understand that GMS shall not be obligated in any way to compensate or make any payment for the uses described herein.
All Contributors warrant that they have full and complete power to grant the rights herein granted; and, that all text in the material is true and accurate and reflects personal observations and opinions; and, that he/she holds GMS and its representatives, affiliates, licensees and assigns harmless from any and all claims that may arise out of the use of the Material.
Copyright Infringement; Notice and Take Down Procedures
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 Contributor to retract, modify, or protect (by means of Project administrator settings or otherwise) the Content in question. If the Contributor 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 Contributor, or take other appropriate action. In cases which require expedited action, we reserve the right to immediately take action. Mapmakers will manage any Content that has been flagged by Website users as problematic promptly, and such Content will be automatically removed if it has been flagged 5 times.
Materials submitted to the Website may be reviewed and, where requested, edited for clarity. We reserve the right to reject frivolous or inappropriate submissions or any other unsuitable materials.
If you believe that any material on this Website infringe your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (b) identification of the material that you believe to be infringing and its location, including a description of the material, its website location, or other pertinent information that will help us to locate the material; (c) your name, address, telephone number, and email address; (d) 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; (e) a statement that the information in your claim is accurate; and (f) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. For copyright issues relating to this Website please contact: Webmaster, Green Map System, PO Box 249, New York, NY USA10002-0249, +1 212 674 1631 or +1 212 674 6206 (fax).
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of visitors to this Website who are repeat infringers.
6. Disclaimer of Warranty
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 OGM Map, Widget, Project or data 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.
Since the OGM Maps and sites are added by many Contributors, neither GMS nor the Contributors can take responsibility for inaccurate or misleading information. Use any Green Map at your own risk.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content.
Note the following regarding the limited nature of our obligations to you:
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.
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, (iv) any problems or errors in the Website will be corrected or (v) this Website or the server(s) that makes it available are free of viruses or other harmful components.
No information or advice you obtain from the Website or any use of that material whatsoever or of 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.
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.
Jurisdictional Issues
We make no representation that information on this Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
As a Contributor, you agree to:
a. Provide true, accurate, current and complete information in your Content.
b. Content on your OGM Map that has been flagged as objectionable must be reviewed and corrected by you (in the event of 5 flags, it will be automatically removed).
c. 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.
d. In no event shall GMS be liable to any visitor to this Website or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including but not limited to damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to, or misuse of the Websites or Widgets or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if user has been advised of the possibility of such damages or losses.
We are not responsible or liable for the conduct of Website visitors or for views, opinions, and statements expressed in Content submitted for public display through our Website, Widgets or Green Maps. We do not prescreen information posted. Any opinions, advice, statements, services, offers, or other information in Content are those of the respective author(s) or distributor(s) and not of GMS. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.
Federal law restricts lobbying activities by tax-exempt organizations. "Lobbying" includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by GMS, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
7. Indemnification
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; including your acts or omissions, including claims arising out of your use of the Website or Widgets, your posting of Content, and any breach of your responsibilities or violation of the terms as described in this Terms of Use.
Violation of Local Law
Some of the Content available on the Service may violate the laws of the country or jurisdiction from where you are viewing this information. GMS does not encourage the violation of any laws, but as this information is stored on a server in the State of Pennsylvania and New York in the United States of America, it is being maintained in reference to the protections afforded by the United States Constitution's First Amendment and under the principles of the Universal Declaration of Human Rights of the United Nations ("UN Declaration"). The laws in your country may not recognize as broad a protection of free speech as the laws of the United States or the principles under the UN Declaration, and GMS shall not be responsible for your violation of such a law should you use any of the Content made available on the Service.
8. Rules of Conduct
You may not use the Websites, Widgets or any third party content in a manner that violates any applicable law. You agree to abide by the following General Rules of Conduct (a violation of any may result in the termination of your right to use the Website).
By accessing our services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our services 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 of an individual without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. Use a name or language that GMS, in its sole discretion, deems offensive.
c. Post defamatory statements.
d. Post hateful or racially or ethnically objectionable Content.
e. Post Content that infringes another's copyright, trademark, or trade secret.
f. Post unsolicited advertising or unlawfully promote products or services.
g. Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
h. Impersonate another person.
i. Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
j. Exploit children under 18 years of age.
k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
l. Introduce viruses, worms, Trojan horses, and/or harmful code to the Website.
m. Obtain unauthorized access to any computer system through the Website.
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
o. Solicit personal information from children under 13 years of age.
p. Violate any federal, state, local, or international law or regulation.
q. Encourage conduct that would constitute a criminal or civil offense.
r. 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 without written permission of GMS.
Children
This Website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13, as stated in the COPPA guidelines (coppa.org).
9. User Disputes
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.
10. External Links and Privacy
GreenMap.org contains links to other sites. Please be aware that GreenMap.org does not claim any responsibility for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to GreenMap.org, OpenGreenMap.org, GreenAppleMap.org, MapaVerde.org and other domains owned by GMS.
11. Information Security
This Website takes every precaution to protect our users' information, and we have security measures in place to protect against the loss, misuse, and alteration of the information under our control. However, we cannot be responsible in the event of any misuse or lost information.
12. Privacy and Information Disclosure
This section describes what information Green Map System ("GMS") collects from the public and how we use it.
Personal Information Use
We do not share any personal information that can identify any individual person; however, we may share aggregated demographic information with our partners, sponsors, and donors for the purpose of fundraising and promotion.
GMS does not share any personal or contact information of our donors, sponsors, and supporters with any third parties. We do make the names of some donors, sponsors and supporters available on our Website. However, you can opt to make an anonymous donation or to appear as “Anonymous” on our Supporters page.
GMS collects your workstation or personal information for the following purposes: Mailing Lists: GMS maintains various mailing lists for the purpose of keeping our friends, supporters and global network up-to-date on our programs and services and to notify them of events and news that may be of interest to them. Subscription to a mailing list requires only an email address and we do not keep track of names or other personal information.
General Public and Contributors: GMS requires anyone posting comments, impacts, ratings, videos, photos, etc. to provide a Screen name that is public and an email address and name that will be used for internal purposes only and will not be sold to or shared with any third parties.
Sitemakers: Sitemakers are required to create an account with OGM. Except for the Screen name which is public, the required name, email address, and other information will be used for internal purposes only and will not be sold to or shared with any third parties.
Mapmakers: Mapmakers are required to provide information in accordance with the Mapmakers Agreement ( GreenMap.org/greenhouse/en/user/register).
Widgetmakers: Widgetmakers are required to provide information as requested on the Widgetmaker form (link to come).
Cookies: GreenMap.org uses a session cookie to control the display of the site. The cookie is stored on the user's computer. No personally identifiable information (email address, name, etc.) is collected with the cookies that we set, and accepting cookies while on the GreenMap.org site will not put the user at risk for marketing to other sites.
IP addresses: We store IP addresses to gather broad demographic information for aggregate use.
13. Term and Termination
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 or Widgets, with due 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. The Mapmakers License Agreement and Website FAQ includes more information.
14. Limitations of Liability
Accuracy and Availability Disclaimer
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 OGM Map, Widget, Project or data 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.
15. Acceptance of these Terms and Conditions of Use
I AGREE THAT I AM AT LEAST THIRTEEN (13) YEARS OLD OR THAT I AM NOT PROHIBITED FROM REGISTERING FOR AN ACCOUNT WITH OR USING THE SERVICE UNDER THE LAWS OF MY JURISDICTION (IF I RESIDE OUTSIDE THE UNITED STATES), AND THAT I HAVE READ THESE TERMS & CONDITIONS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Severability
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this document.
For Additional Information
If you have any questions about these Terms of Service, please contact:
Green Map System, Inc.
PO Box 249
New York, NY 10002-0249, USA
Phone number +1 (212) 674 1631
Email: info [at] greenmap [dot] org
