VitalVenture is a collaborative science curriculum project that creates and disseminates learning resources that draw teachers and students into their communities to investigate, learn, and share. VitalVenture is a collaboration between the Gulf of Maine Research Institute (GMRI), a 501(c)(3) non-profit organization located in Portland, ME, and Maine Sea Grant, a state-federal partnership based at the University of Maine and sponsored by the National Oceanic and Atmospheric Administration (NOAA) and the State of Maine.
PLEASE READ THIS USER AGREEMENT AND ACCOMPANYING PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY AND USER AGREEMENT.
The following are the essential components of our User Agreement. They are listed here in brief and detailed in the document that follows.
VitalVenture is a K-12 curriculum project. Participants agree to conduct themselves with the honesty and integrity of good scientists and exemplary educators.
All comments are public. They should be: in the spirit of sharing; on topic and appropriate; supportive of collaborative education; inquisitive and thought provoking.
VitalVenture website users are expected to collaborate productively and professionally to further the quality of the VitalVenture educational resources. Site users are not allowed to disrupt the use or enjoyment of the site by others.
Adherence to the User Agreement: It is the collective responsibility of users of this site to employ the “Contact Us” functionality to alert us to inappropriate use of the VitalVenture Site.
If after reading the entire document you have any questions regarding the Privacy Policy or User Agreement, please contact vitalventure@gmri.org or call us at (207) 228-1647.
USER AGREEMENT
The VitalVenture Program is a science curriculum project that builds on existing programs: GMRI’s LabVenture and Vital Signs programs and Maine Sea Grant’s Penobscot River Watershed Education Program. VitalVenture curriculum, funded by NOAA’s Bay Watershed Education and Training (B-Wet) program, builds upon the science skills and concepts that are introduced to students during LabVenture and the Penobscot River Watershed Education Program and prepares students to practice science as participants in the Vital Signs community. VitalVenture’s interdisciplinary, inquiry-based curriculum engages Maine students in meaningful, relevant watershed experiences. Students gain increasing independence as learners, thinkers, and problem-solvers as they build on prior years’ experiences. Students participate in a series of relevant, issue-based watershed experiences that deepen conceptual understanding and connection to place. VitalVenture offers a meaningful progression of authentic, inquiry-based learning.
By using the VitalVenture Site, you agree to abide by this User Agreement. From time to time, GMRI may supplement this User Agreement with additional terms pertaining to specific content, (”Additional Terms”). You understand and agree that such Additional Terms are hereby incorporated by reference into this User Agreement. BY USING THE VITALVENTURE WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH GMRI. If you do not agree to be bound by this User Agreement, please discontinue your use of the Site.
The VitalVenture website can be accessed at http://vitalventure.gmri.org. The VitalVenture website (referred to herein as the “Site” or “VitalVenture website” or “VitalVenture Site”) is owned and operated by the Gulf of Maine Research Institute, a 501(c)(3) marine research, community, and education institute in Portland, Maine (referred to herein as “GMRI”).
The entire VitalVenture website and curriculum may be viewed and downloaded simply by visiting the relevant pages to access Site content. Unauthorized access to the Site is strictly prohibited. In addition, distributing, reproducing, copying, retransmitting, publishing, selling, and/or exploiting Site-specific content in any manner inconsistent with the Site’s underlying purpose and/or this User Agreement is prohibited.
1. Commenting
1a. Commenting
Any visitor to the VitalVenture site is welcome to make a comment on an individual Activity or a Watershed Experience. This website promotes the ongoing sharing of resources, experiences, and best practices by the teaching community. Your comments and ideas should be:
In the spirit of sharing
On topic and appropriate
Supportive of collaborative education
Inquisitive and thought-provoking
To post a comment a visitor must give his or her name, which will be displayed alongside their comment, and their e-mail address, which will not be displayed. E-mail addresses will be stored in the content management system. GMRI may, in the future, implement a moderated commenting system and choose to use e-mail addresses to verify approved commenters. Under no circumstances will GMRI sell or otherwise use for non-VitalVenture purposes e-mail addresses submitted by those choosing to comment on the website.
1b. Responsibility for your comments
You alone are responsible for the content of any materials you transmit to others, and any consequences of such materials, including but not limited to the content of any Comments you post. Please carefully consider the information you choose to post on the Site. You should not include your telephone number, street address or last name on any area of the VitalVenture site nor provide such personally identifying information to people you do not know. GMRI assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information you may be provided by other users of the Site. GMRI further assumes no responsibility for the deletion of or failure to store any materials posted on the VitalVenture Site. You further agree that you will not post any material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol. GMRI reserves the right to delete any such material from the Site. GMRI will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section.
1c. Impersonating others or misrepresenting yourself
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the VitalVenture Program or GMRI. You further agree not to use an inappropriate name of any kind. You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content with the intention to commit any illegal activity is strictly prohibited.
If you become aware of any misuse of the VitalVenture Site by any person, please contact the VitalVenture administrator by Flagging the inappropriate use and or clicking the “Contact us” link located throughout the VitalVenture site and describing the misuse to us.
1d. Sharing tools and services
You are solely responsible for your interactions with other Site visitors.
GMRI is not obligated to review comments posted by users prior to them appearing on any area of the VitalVenture website. Comments posted by any user to the VitalVenture site do not reflect the opinions or views of GMRI, its subsidiaries or affiliates. GMRI makes no warranty, whether express or implied, as to the accuracy, nature, or suitability of any comment that you share with the VitalVenture website and curriculum users through any VitalVenture Service.
By submitting content of any kind to the VitalVenture Site, which shall include your name as entered by you, you grant the GMRI a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the VitalVenture Site retains any and all Rights that may exist in such content.
2. Licensing of VitalVenture Site Curriculum
Because we want Teachers to use, remix, and share the Education Resources on the VitalVenture site we will only publish work that authors have chosen to share under the Creative Commons Attribution 3.0 license (CC-BY). Applying a Creative Commons Attribution (CC-BY) license in place of copyright explicitly allows the using, remixing, and sharing of the shared Resources – all the things teachers may need to do to make these Resources most effective in classrooms. You can read all about this license here: http://creativecommons.org/licenses/by/3.0/us/.
For further information regarding copyright law please visit the website of the United States Copyright Office at http://copyright.gov/. If you have unanswered questions or concerns about these guidelines or our licensing policy please contact vitalventure@gmri.org.
3. Community Behavior
The VitalVenture website invites site visitors to suggest improvements, extensions, and ideas for each Activity and Watershed Experience. The Site relies on its visitors to maintain an enjoyable, professional atmosphere for all. Please use the available Contact Us function to report when comments are not adhering to this User Agreement. GMRI and VitalVenture staff will be active users of the VitalVenture website, but they will not moderate or monitor the site on a 24-hour basis. GMRI and VitalVenture staff will respond as quickly as practicable when alerted that violations of this agreement have occurred.
4. Consequence of Violation of User Agreement
4a. Breaches of Agreement
If GMRI has reason to believe that a visitor has breached the User Agreement, GMRI will take actions to protect the Site and/or other Site users. The actions that GMRI may take include but are not limited to:
editing posted comments;
permanently deleting posted comments; or
notifying and/or fully cooperating with the proper law enforcement authorities for further action.
5. Misuse of Site
You agree that you will not use the VitalVenture Site for illegal and/or unauthorized purposes. Unauthorized framing of or linking to VitalVenture is prohibited. You agree that you will not use the VitalVenture website for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Any such use shall be deemed to be a violation of these Terms of Service.
6. Disputes
You are solely responsible for any interaction with other members or visitors of the Site. GMRI reserves the right but shall have no obligation to monitor disputes between you and any other user of the VitalVenture website.
7. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the VitalVenture site infringe your copyright, you (or your agent) may send the VitalVenture administrator by clicking the “Contact us” link located throughout the VitalVenture website a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the VitalVenture administrator to locate the material on the VitalVenture website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GMRI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for 30 Rockefeller Plaza, New York, New York 10112, 212-664-444,Contactus@icue.com. GMRI suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE VITALVENTURE SITE AND ALL OF ITS CONTENT IS AT YOUR SOLE RISK. VITALVENTURE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GMRI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
GMRI MAKES NO WARRANTY THAT THE VITALVENTURE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GMRI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VITALVENTURE DATA OR SITE OR THAT ANY MATERIAL ACCESSED VIA THE VITALVENTURE SITE SHALL BE SUITABLE FOR ANY PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VITALVENTURE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT GMRI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE VITALVENTURE SITE OR DATA. GMRI IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION AND DATA ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE VITALVENTURE SITE NOR THE USERS OF THE VITALVENTURE SITE, WHILE SUCH USERS ARE PARTICIPATING IN THE VITALVENTURE PROGRAM, ARE ENGAGED IN RENDERING LEGAL, SCIENTIFIC, ENVIRONMENTAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. GMRI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
GMRI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE VITALVENTURE SITE. YOUR PARTICIPATION IN THE VITALVENTURE PROGRAM AND WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GMRI OR THROUGH THE VITALVENTURE SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GMRI MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, OR CONTENT ACCESSED THROUGH THE VITALVENTURE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. GMRI IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE VITALVENTURE SITE OR THE GMRI WEBSITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH GMRI MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST GMRI WITH RESPECT TO SUCH SITES.
9. Limitation of Liability
GMRI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORSEEABLE OR NOT, RESULTING FROM THE USE (OR THE INABILITY TO USE) OR THE MALFUNCTION OF THE VITALVENTURE WEBSITE.
10. Indemnification
You agree to indemnify and hold each of GMRI, the VitalVenture Program, its subsidiaries, affiliates, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the VitalVenture Site, the violation of this User Agreement by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
11. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of laws provisions. By registering for or entering the VitalVenture Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Portland, Maine.
12. California Users
Under California Civil Code Section 1789.3, California users of the VitalVenture website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this User Agreement will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. GMRI may assign its rights and obligations under this User Agreement and upon such assignment GMRI may be relieved of any further obligation hereunder. You represent to GMRI that you have the authority to register with or visit the VitalVenture Site according to this User Agreement.
This User Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings. Any legally unenforceable provision of this User Agreement will, at the election of GMRI, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this User Agreement will remain valid and enforceable.
14. Modification
GMRI reserves the right, at its sole discretion, to immediately, without notice, modify, suspend, or terminate this User Agreement. Each time you log in to the VitalVenture Site after the Terms of Use have been updated, you will be prompted to acknowledge your acceptance of them. GMRI reserves the right (at GMRI’s discretion) to provide you notice of such changes to any e-mail address you have provided to the VitalVenture Site.
GMRI may modify or discontinue the VitalVenture website, or any portion thereof, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
User Agreement
VitalVenture User Agreement Overview
VitalVenture is a collaborative science curriculum project that creates and disseminates learning resources that draw teachers and students into their communities to investigate, learn, and share. VitalVenture is a collaboration between the Gulf of Maine Research Institute (GMRI), a 501(c)(3) non-profit organization located in Portland, ME, and Maine Sea Grant, a state-federal partnership based at the University of Maine and sponsored by the National Oceanic and Atmospheric Administration (NOAA) and the State of Maine.
PLEASE READ THIS USER AGREEMENT AND ACCOMPANYING PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY AND USER AGREEMENT.
The following are the essential components of our User Agreement. They are listed here in brief and detailed in the document that follows.
If after reading the entire document you have any questions regarding the Privacy Policy or User Agreement, please contact vitalventure@gmri.org or call us at (207) 228-1647.
USER AGREEMENT
The VitalVenture Program is a science curriculum project that builds on existing programs: GMRI’s LabVenture and Vital Signs programs and Maine Sea Grant’s Penobscot River Watershed Education Program. VitalVenture curriculum, funded by NOAA’s Bay Watershed Education and Training (B-Wet) program, builds upon the science skills and concepts that are introduced to students during LabVenture and the Penobscot River Watershed Education Program and prepares students to practice science as participants in the Vital Signs community. VitalVenture’s interdisciplinary, inquiry-based curriculum engages Maine students in meaningful, relevant watershed experiences. Students gain increasing independence as learners, thinkers, and problem-solvers as they build on prior years’ experiences. Students participate in a series of relevant, issue-based watershed experiences that deepen conceptual understanding and connection to place. VitalVenture offers a meaningful progression of authentic, inquiry-based learning.
By using the VitalVenture Site, you agree to abide by this User Agreement. From time to time, GMRI may supplement this User Agreement with additional terms pertaining to specific content, (”Additional Terms”). You understand and agree that such Additional Terms are hereby incorporated by reference into this User Agreement. BY USING THE VITALVENTURE WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH GMRI. If you do not agree to be bound by this User Agreement, please discontinue your use of the Site.
The VitalVenture website can be accessed at http://vitalventure.gmri.org. The VitalVenture website (referred to herein as the “Site” or “VitalVenture website” or “VitalVenture Site”) is owned and operated by the Gulf of Maine Research Institute, a 501(c)(3) marine research, community, and education institute in Portland, Maine (referred to herein as “GMRI”).
The entire VitalVenture website and curriculum may be viewed and downloaded simply by visiting the relevant pages to access Site content. Unauthorized access to the Site is strictly prohibited. In addition, distributing, reproducing, copying, retransmitting, publishing, selling, and/or exploiting Site-specific content in any manner inconsistent with the Site’s underlying purpose and/or this User Agreement is prohibited.
1. Commenting
1a. Commenting
Any visitor to the VitalVenture site is welcome to make a comment on an individual Activity or a Watershed Experience. This website promotes the ongoing sharing of resources, experiences, and best practices by the teaching community. Your comments and ideas should be:
To post a comment a visitor must give his or her name, which will be displayed alongside their comment, and their e-mail address, which will not be displayed. E-mail addresses will be stored in the content management system. GMRI may, in the future, implement a moderated commenting system and choose to use e-mail addresses to verify approved commenters. Under no circumstances will GMRI sell or otherwise use for non-VitalVenture purposes e-mail addresses submitted by those choosing to comment on the website.
1b. Responsibility for your comments
You alone are responsible for the content of any materials you transmit to others, and any consequences of such materials, including but not limited to the content of any Comments you post. Please carefully consider the information you choose to post on the Site. You should not include your telephone number, street address or last name on any area of the VitalVenture site nor provide such personally identifying information to people you do not know. GMRI assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information you may be provided by other users of the Site. GMRI further assumes no responsibility for the deletion of or failure to store any materials posted on the VitalVenture Site. You further agree that you will not post any material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol. GMRI reserves the right to delete any such material from the Site. GMRI will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section.
1c. Impersonating others or misrepresenting yourself
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the VitalVenture Program or GMRI. You further agree not to use an inappropriate name of any kind. You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content with the intention to commit any illegal activity is strictly prohibited.
If you become aware of any misuse of the VitalVenture Site by any person, please contact the VitalVenture administrator by Flagging the inappropriate use and or clicking the “Contact us” link located throughout the VitalVenture site and describing the misuse to us.
1d. Sharing tools and services
You are solely responsible for your interactions with other Site visitors.
GMRI is not obligated to review comments posted by users prior to them appearing on any area of the VitalVenture website. Comments posted by any user to the VitalVenture site do not reflect the opinions or views of GMRI, its subsidiaries or affiliates. GMRI makes no warranty, whether express or implied, as to the accuracy, nature, or suitability of any comment that you share with the VitalVenture website and curriculum users through any VitalVenture Service.
By submitting content of any kind to the VitalVenture Site, which shall include your name as entered by you, you grant the GMRI a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the VitalVenture Site retains any and all Rights that may exist in such content.
2. Licensing of VitalVenture Site Curriculum
Because we want Teachers to use, remix, and share the Education Resources on the VitalVenture site we will only publish work that authors have chosen to share under the Creative Commons Attribution 3.0 license (CC-BY). Applying a Creative Commons Attribution (CC-BY) license in place of copyright explicitly allows the using, remixing, and sharing of the shared Resources – all the things teachers may need to do to make these Resources most effective in classrooms. You can read all about this license here: http://creativecommons.org/licenses/by/3.0/us/.
For further information regarding copyright law please visit the website of the United States Copyright Office at http://copyright.gov/. If you have unanswered questions or concerns about these guidelines or our licensing policy please contact vitalventure@gmri.org.
3. Community Behavior
The VitalVenture website invites site visitors to suggest improvements, extensions, and ideas for each Activity and Watershed Experience. The Site relies on its visitors to maintain an enjoyable, professional atmosphere for all. Please use the available Contact Us function to report when comments are not adhering to this User Agreement. GMRI and VitalVenture staff will be active users of the VitalVenture website, but they will not moderate or monitor the site on a 24-hour basis. GMRI and VitalVenture staff will respond as quickly as practicable when alerted that violations of this agreement have occurred.
4. Consequence of Violation of User Agreement
4a. Breaches of Agreement
If GMRI has reason to believe that a visitor has breached the User Agreement, GMRI will take actions to protect the Site and/or other Site users. The actions that GMRI may take include but are not limited to:
5. Misuse of Site
You agree that you will not use the VitalVenture Site for illegal and/or unauthorized purposes. Unauthorized framing of or linking to VitalVenture is prohibited. You agree that you will not use the VitalVenture website for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Any such use shall be deemed to be a violation of these Terms of Service.
6. Disputes
You are solely responsible for any interaction with other members or visitors of the Site. GMRI reserves the right but shall have no obligation to monitor disputes between you and any other user of the VitalVenture website.
7. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the VitalVenture site infringe your copyright, you (or your agent) may send the VitalVenture administrator by clicking the “Contact us” link located throughout the VitalVenture website a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the VitalVenture administrator to locate the material on the VitalVenture website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GMRI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for 30 Rockefeller Plaza, New York, New York 10112, 212-664-444,Contactus@icue.com. GMRI suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE VITALVENTURE SITE AND ALL OF ITS CONTENT IS AT YOUR SOLE RISK. VITALVENTURE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GMRI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
GMRI MAKES NO WARRANTY THAT THE VITALVENTURE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GMRI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VITALVENTURE DATA OR SITE OR THAT ANY MATERIAL ACCESSED VIA THE VITALVENTURE SITE SHALL BE SUITABLE FOR ANY PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VITALVENTURE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT GMRI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE VITALVENTURE SITE OR DATA. GMRI IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION AND DATA ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE VITALVENTURE SITE NOR THE USERS OF THE VITALVENTURE SITE, WHILE SUCH USERS ARE PARTICIPATING IN THE VITALVENTURE PROGRAM, ARE ENGAGED IN RENDERING LEGAL, SCIENTIFIC, ENVIRONMENTAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. GMRI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
GMRI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE VITALVENTURE SITE. YOUR PARTICIPATION IN THE VITALVENTURE PROGRAM AND WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GMRI OR THROUGH THE VITALVENTURE SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GMRI MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, OR CONTENT ACCESSED THROUGH THE VITALVENTURE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. GMRI IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE VITALVENTURE SITE OR THE GMRI WEBSITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH GMRI MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST GMRI WITH RESPECT TO SUCH SITES.
9. Limitation of Liability
GMRI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORSEEABLE OR NOT, RESULTING FROM THE USE (OR THE INABILITY TO USE) OR THE MALFUNCTION OF THE VITALVENTURE WEBSITE.
10. Indemnification
You agree to indemnify and hold each of GMRI, the VitalVenture Program, its subsidiaries, affiliates, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the VitalVenture Site, the violation of this User Agreement by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
11. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of laws provisions. By registering for or entering the VitalVenture Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Portland, Maine.
12. California Users
Under California Civil Code Section 1789.3, California users of the VitalVenture website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this User Agreement will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. GMRI may assign its rights and obligations under this User Agreement and upon such assignment GMRI may be relieved of any further obligation hereunder. You represent to GMRI that you have the authority to register with or visit the VitalVenture Site according to this User Agreement.
This User Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings. Any legally unenforceable provision of this User Agreement will, at the election of GMRI, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this User Agreement will remain valid and enforceable.
14. Modification
GMRI reserves the right, at its sole discretion, to immediately, without notice, modify, suspend, or terminate this User Agreement. Each time you log in to the VitalVenture Site after the Terms of Use have been updated, you will be prompted to acknowledge your acceptance of them. GMRI reserves the right (at GMRI’s discretion) to provide you notice of such changes to any e-mail address you have provided to the VitalVenture Site.
GMRI may modify or discontinue the VitalVenture website, or any portion thereof, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.