Introduction. This agreement (“Agreement“) between You and Fired Up Media, a project of the Earth Island Institute, (“the Publisher“) of It’s Getting Hot in Here (“the Blog“) consists of these Terms of Use (“Terms”). “You”, refers to the entities classified as a “User”, “Reader” or “Commenter”. “User” means an entity identified by its registration information to publish content on the Blog, with a unique username and password.  “Reader” means any entity accessing and reading the content on the Blog and can be identified by its IP address or email.  “Commenter” means any entity identified by comments, email, or use of the publicly available commenting features available on the Blog for feedback. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.

Privacy. When You leave a comment, the Publisher receives IP and e-mail information pertaining to the Commenter. The Publisher does not store this information for purposes other than to moderate comments. This information is not being sold or used for other purposes. If you have concerns with the way this information is used, please contact the Publisher directly to arrange for complete removal of this information. Removal of all personal information will result in the removal of any content the Commenter might have contributed to this Blog, including comments. The Publisher is located in Berkeley, California and the Blog is co-located by Be aware that laws regarding personal information and privacy may differ from Your location.

Blog content. All the contents of the Blog, EXCEPT FOR POSTS AND COMMENTS, constitute the opinion of the Publisher, and the Publisher alone; they do not represent the views and opinions of Earth Island Institute, or any staff apart from Fired Up Media, the Publisher, nor do they represent the view of organizations, businesses or institutions the Publisher is a part of or consultant for. The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Publisher. Disagreeing with the content of the Blog does not constitute sufficient grounds for You to ask the Publisher to remove or modify any parts of this Blog.

Posts constitute the opinion of the writers, who, unless they identify otherwise, are writing in a personal capacity and not representing any organization or the Publisher. The Publisher provides publishing capabilities to individuals representing their personal opinions as members of the Global Youth Climate Movement, a diverse group of young individuals in various countries working on issues of climate change, energy, and sustainability. While the Publisher provides an outlet for free expression on The Blog’s topic, the publisher takes no responsibility for views and opinions of any contributors other than that produced by the paid staff of the Publisher.  All authors retain the rights to their content, however they agree to be bound by any content-sharing agreements entered into by the Publisher and Editorial Board.

Copyright policy. All of the text, images and other content being part of this Blog are property of the Publisher, or if written by a third party author, that author retains all copyrights. All logos and trademarks are property of their respective owners. You are only allowed to reproduce, sell, and modify any part of this Blog under fair use provisions. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Publisher is doing so according to fair use practices. Use of material from this Blog according to fair use practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including Blog’s name, the name of the page you are linking, and a permanent link (“Permalink“) to that page.

Comment policy. The Publisher is not responsible for the content of any comments made by the Commenter(s). The Publisher is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Publisher will not delete critical comments, or comments portraying a different opinion from the Publisher’s own. However, the Publisher reserves the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content), contains conspiracy theory (such as entailed in most statements denying the science behind climate change), or ad hominem attacks. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (“SPAM“) will be deleted. The Publisher also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.

Advertising Policy. The Publisher retains the discretion to display or not display advertising that any third-party seeks to have displayed on the Blog. As the Blog is a venue of expression for a self-identified group of individuals, any content deemed unacceptable or potentially illegal (this includes, but it is not limited to advertising containing hateful, libelous, and defamatory content), contains conspiracy theory (such as entailed in most statements denying the science behind climate change), or ad hominem attacks will not be displayed on the Blog and any seeking advertising space from the Publisher will not hold it liable for advertising decisions. The Blog will not host advertising that falsely represents itself as carrying the endorsement of the Publisher for the advertiser message, direct political advertising from candidates for office, or misrepresents itself as coming from a community contributor or author.

Forbidden actions. You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, outside the purview of any advertising policy and procedure (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Publisher with, or cause physical or financial harm to, the Publisher of this Blog.

Changes to the Terms. The Publisher reserves the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.

No Guarantee. The Publisher makes no guarantee regarding the validity of the content of the Blog. In addition, the Publisher does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Publisher’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Publisher or Your servers are located. Although the Publisher will try to moderate comments quickly, the Publisher makes no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Publisher.

Legal Compliance. All Users of The Blog agree to be in compliance with local, state, and federal laws applicable to the Publisher of The Blog, which is fiscally sponsored by the Earth Island Institute, a 501c3 registered nonprofit in the State of California and United States of America. This includes prohibitions on political campaign interventions, which includes political candidate endorsements, in-kind political advertising, and other activities, as defined by the IRS.

No Warranty or Condition; Links. The Publisher makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE PUBLISHER SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.

Limitations of Liability. IN NO EVENT SHALL THE PUBLISHER BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Publisher shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Publisher, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Publisher is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).

Obligation to Indemnify. You agree to indemnify, defend and hold the Publisher, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement.

Applicable Laws; Venue. The Publisher operates the Blog from Berkley, California, and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of the State of California. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within the State of California. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.

Legal notices and Contact information. If You are intending to carry out legal action of any kind against the Blog or the Publisher, you are required to contact the Publisher and Fiscal Sponsor of the Publisher, the Earth Island Institute, SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Publisher means to DO NO HARM to You or anyone else by publishing this Blog. If You feel that your rights have been infringed, please contact the Publisher, and allow seven business days for the reply to be received. The Publisher will do whatever possible to address Your concerns.

The contact information of the Fiscal Sponsor of the Publisher is as below:

Fired Up Media
c/o: The Earth Island Institute
2150 Allston Way, Suite 460
Berkeley, California
USA 94704-1375

1 Response to “Terms of Use”

  1. 1 Jan 23rd, 2013 at 10:01 am

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