Northern Woodlands Terms of Service

Last Updated: October 26, 2015

These terms and conditions govern your use of the Center for Northern Woodlands Education, Inc.’s (“Northern Woodlands”) digital products, including access to and use of the www.northernwoodlands.org website and Northern Woodlands’ subscription digital magazine, whether accessed online or via our mobile application (collectively, the “Services”). By accessing or otherwise using the Services you accept and agree to be bound by the terms, conditions and notices set forth herein, including the Privacy Policy, which is incorporated herein by this reference (this “Agreement”). You must be at least 18 years old to use the Services. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service on your behalf.

To the extent that you have entered into a written agreement with Northern Woodlands or any of its affiliates containing terms that directly conflict with any terms of this Agreement, then the conflicting terms set forth in the written and mutually fully executed agreement shall control. Northern Woodlands may at any time and in its sole discretion, modify the terms of this Agreement by updating this web page. Therefore, you should review this page from time to time so that you will be aware of any such modifications. Your continued use of the Services following any modifications constitutes your binding acceptance hereof.

Use of Material; Non-Commercial Purpose

The contents of the Services are protected by copyright and other laws in both the United States and elsewhere. The contents of the Services include both content owned or controlled by Northern Woodlands and content owned or controlled by third parties and licensed to Northern Woodlands. Northern Woodlands authorizes you to view and download the material on the Services solely for personal, educational, and/or other noncommercial “fair use,” as permitted under the U.S. Copyright Act. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the Services without written authorization from Northern Woodlands. If you have questions regarding use of the material on the Services, please contact us.

Intellectual Property

Intellectual Property. The Services are expressly owned and operated by Northern Woodlands. Unless otherwise noted, the design features and content of the Services, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, images, text, data, audio sound, software, and infrastructure, as well as the selection, assembly and arrangement thereof, are owned by Northern Woodlands or its affiliates or are licensed from third parties by Northern Woodlands. The Services, in whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all such rights are reserved.

License To User Content, Including Submissions To Reader Photo Gallery. Northern Woodlands does not claim ownership of the content you or other users provide, post, upload, input or submit to the Services. However, by posting or submitting content to the Services, including by submitting photos and information to the Reader Photo Gallery, you are granting Northern Woodlands a royalty free, perpetual, irrevocable, non-exclusive license to use your submission, including your name, image and/or likeness, in connection with the operation of the Services and use by Northern Woodlands in advertising, marketing and promotional activities and materials without compensation to you, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

Links

The Services may contain links to third party web sites, which are governed by the terms of use and privacy polices of their owners and operators (“Linked Sites”). Linked Sites are not under the control of Northern Woodlands and Northern Woodlands is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by Northern Woodlands or any association with its operators. You acknowledge and agree that Northern Woodlands shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.

Termination

Northern Woodlands reserves the right, in its sole discretion, to terminate your access to and use of the Services or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if Northern Woodlands believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that Northern Woodlands will have no liability or responsibility for the performance or nonperformance of such activities. Northern Woodlands may also, in its sole discretion and at any time, discontinue operation of the Services, or any part hereof. Any such termination may be effected without any prior notice. Further, Northern Woodlands shall not be liable to you or any third-party for any termination of your access to the Services.

Certain Copyright Issues

Northern Woodlands respects the intellectual property of others, and we ask our users to do the same. Northern Woodlands may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Services that it believes or is notified may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Northern Woodlands’ Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Northern Woodlands’ Copyright Agent for notice of claims of copyright infringement on the Services can be reached by sending e-mail here.

No Warranties; Limitation of Liability; Disclaimer of Damages

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NORTHERN WOODLANDS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. NORTHERN WOODLANDS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE SERVICES, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE CONTENTS THEREOF. NORTHERN WOODLANDS DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. MUCH OF THE MATERIAL ON THE SERVICES IS PROVIDED BY THIRD PARTIES AND NORTHERN WOODLANDS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE SERVICES OR WITH THIS AGREEMENT, INCLUDING THE PRIVACY POLICY [include hyperlink], OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IN NO EVENT SHALL NORTHERN WOODLANDS OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE SERVICES BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NORTHERN WOODLANDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Northern Woodlands, its officers, directors, employees, agents, affiliates and strategic partners from and against any third party claims, actions or demands, arising or resulting from your use of the Services or your breach of the terms of this Agreement.

Mobile App Terms

We may provide the Northern Woodlands mobile application (the “App”) using one or more distributors, such as Apple Inc. (“Apple”), or others (collectively “Distributors”). You acknowledge that this agreement is between you and Northern Woodlands only, and not with the Distributor, and that the Distributor has no responsibility whatsoever for the App and the content thereof.

By downloading the App through Apple, Northern Woodlands grants you a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (as provided by Apple).

You acknowledge and agree that our Distributors and affiliates may be third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of the agreement, our Distributor will have the right (and you will be deemed to have accepted the right) to enforce the agreement against you as a third party beneficiary thereof.

You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Northern Woodlands, not our Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge that our Distributors are not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge that Northern Woodlands is solely responsible for providing maintenance and support services with respect to the App, as specified under this agreement or as required under applicable law. Our Distributors have no obligation whatsoever to furnish maintenance and support services with respect to the App.

Miscellaneous

This Agreement is governed by the laws of the State of New Hampshire, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire, in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and Northern Woodlands with respect to the Services and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and Northern Woodlands with respect to the Services.