World Wide Waldens Terms of Use

Effective Date: July 21, 2009

I. Acceptance of Terms
Welcome to the World Wide Waldens web site. The Walden Woods Project owns and maintains this web site as a service to educators, students and other interested parties. The following Terms of Use (the "Terms") are a legal and binding agreement between you and The Walden Woods Project governing your use of www.worldwidewaldens.org (the "Site").

Read these Terms carefully before you continue to use the World Wide Waldens site. By using the site, you indicate acceptance of the following Terms and consent to the information collection practices disclosed in the World Wide Waldens Privacy Policy and hereby incorporated into these Terms. If you do not accept the Terms of Use, do not use the site. The Walden Woods Project reserves the right to change these terms at any time without prior notice. You are responsible for reviewing the Terms regularly and noting changes. Your use of the site after such changes indicates acceptance of the Terms as modified.

If you violate any of these Terms of Use, you are violating your Agreement with The Walden Woods Project and may be in violation of intellectual property and other laws.

Please note that in order to participate in certain World Wide Waldens program activities (such as web conferences), you may be required to download additional software or content and agree to additional Terms and Conditions.

II. Copyright and Intellectual Property
Copyright © 2008. World Wide Waldens. The Walden Woods Project. All rights reserved.

This web site, and the information which it contains, is the property of The Walden Woods Project, 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, World Wide Waldens is registered trademark of The Walden Woods Project under the applicable laws of the United States and other countries.

1. No part of this web 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 World Wide Waldens program documents such as lessons, activities, FAQs, and other materials available on this web site, subject to the following conditions:

a) Materials may be used solely for noncommercial, educational, and informational purposes. Students, teachers, club advisors and staff of educational organizations are authorized to download, print, reproduce and distribute materials for use in their educational setting. Materials should not be disseminated beyond the user's educational organization without prior consent from The Walden Woods Project.

b) Materials may not be modified unless this purpose is clearly indicated (such as modifiable templates).

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 web site.

2. By posting or submitting text or other materials to the Site you grant The Walden Woods Project a royalty-free, worldwide, perpetual license to display, distribute, or reproduce the material in whole or part, without further review or participation from you, in editorial and promotional uses connected to the World Wide Waldens program or the Walden Woods Project. Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to The Walden Woods Project through this web site is the exclusive property of The Walden Woods Project. The Walden Woods Project is entitled to use any information submitted for any purpose, without restriction (except as stated in The Walden Woods Project's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to The Walden Woods Project and accepts responsibility for its accuracy, appropriateness, and legality. The Walden Woods Project reserves the right to share submitted student content, e.g. project profiles, images, and student quotes in its newsletters, website, and funder reports.

3. If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web 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 web site who are repeat infringers.

III. User Conduct | Prohibited Content and Activities
1. Users are expected to follow their school or organization's Acceptable Use Policy (AUP) when posting information. World Wide Waldens reserves the right to remove any content posted by users that we deem inappropriate.

You may not use this web 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, a Walden Woods Project official, expert or bulletin board leader, guide or host, teacher or other adult sponsor, or student;
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. Teachers or other adult sponsors of student groups are required to register in order to access certain areas of the Site. As a registrant, you agree to complete all mandatory fields with true, accurate, current and complete information and update this information to keep it true, accurate, current and complete. The Walden Woods Project reserves the right to suspend or terminate your account if we suspect information you provided is untrue, inaccurate, not current, or incomplete.

3. As part of the World Wide Waldens program, students create project web pages or "Project Showcase" pages which can include images, attached files, and links to other web sites.  Please be sure that any such content is content you are comfortable sharing with the public. Users are solely responsible for the content they post.  The student/student group's teacher or adult sponsor must review and approve each Showcase Page before it can be considered for inclusion in the publicly viewable Project Showcase. The Walden Woods Project may, but is not obligated to, review all content on student project web pages. 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 included in student project materials. The Walden Woods Project reserves the right to make changes to project page content, including document names and content, project descriptions and other text field entries, or other information 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.

IV. Security
You are responsible for maintaining the security and confidentiality of any username and password you receive during the registration or student project account creation 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 Walden Project staff immediately by contacting education@walden.org.

V. Third Party Sites | Third Party Endorsements
This web 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 web 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 World Wide Waldens site on another web site so long as the link does not represent The Walden Woods Project or World Wide Waldens 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 World Wide Waldens Site
We may change these Terms of Use at any time. To review the most current version of the Terms, click on the "Terms of Use" link located at the bottom of Site pages. You should review the Terms regularly for changes. The Walden Woods Project periodically adds or updates the information and documents on this web site without notice. Site features and specifications are subject to change and may be discontinued at any time.

VIII. Warranty Disclaimer
USE OF THE WORLD WIDE WALDENS 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 WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB 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(S).

X. Indemnification
BY USING THIS WEB 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.

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF MASSACHUSETTS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

XII. Termination
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 the World Wide Waldens 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.
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These Terms and any other supplemental terms, policies, rules or guidelines posted on the World Wide Waldens 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.
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