Thank you for visiting friendsofdiamondlake.org (our “Site”). This Site is made available by Friends of Diamond Lake, a nonprofit organization in Minneapolis, Minnesota, (“Friends of Diamond Lake”) as a service. All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). As used herein, the terms “our,” “we,” and “us” refer to Friends of Diamond Lake, its officers, directors, shareholders, employees, agents and representatives, unless the context clearly provides otherwise.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE.
Please report any violations of these Terms using the “Contact Us” form.
1. SITE USE GENERALLY
BY USING THE SITE YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST HAVE THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN TO USE THE SITE. OTHERWISE, YOU MUST NOT USE THE SITE.
1.1. Site Services
Friends of Diamond Lake is a volunteer-led, nonprofit, educational and environmental action organization. Our efforts focus primarily on Diamond Lake in Minneapolis, Minnesota, and its watershed. This Site offers resources and information pertaining to that purpose, including but not limited to the ability to purchase products, pay for membership, participate in discussion forums, comment on articles, and make donations.
1.2. Limited License
You are granted a limited, nonexclusive, nontransferable right to access the Site and its content in accordance with these Terms. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Canada, Puerto Rico, U.S. Virgin Islands, Guam, Pacific Islands of American Samoa, and the Atlantic and Caribbean Islands in which Friends of Diamond Lake operates (“Applicable Markets”). From time to time we may make changes to the list of Applicable Markets without notice. We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal may be prohibited by the local jurisdictional entity. Any references on the Site to specific services are applicable only to those available in the Applicable Markets. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, indemnify, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including without limitation attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
1.3. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Friends of Diamond Lake’s prior written permission. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. The foregoing notwithstanding, you may utilize any functionality offered by the Site (e.g., the share button for social networking sites such as FACEBOOK® or TWITTER®) to “share” material from our Site to other websites or computer environments if such functionality is made available to you. All Marks (as defined below) are proprietary to Friends of Diamond Lake, its licensors, or other owners.
1.4. Privacy and Information
Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any information you provide in accordance with the terms of, and for the purposes set forth in, our Privacy Statement and in these Terms.
1.5. Site Identifiers
It is your responsibility to safeguard the password you use to access our Site, and to promptly advise Friends of Diamond Lake if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your username and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your username and password.
1.6.Links and Information From Other Websites
Any links to other websites are provided as merely a convenience to you. Friends of Diamond Lake has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.
You understand that, except for information, products or services clearly identified as being supplied by Friends of Diamond Lake, we do not operate, control or endorse any information, products or services on the Internet in any way. Friends of Diamond Lake does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
1.7. Intellectual Property Rights
The Site is expressly owned and operated by Friends of Diamond Lake. Unless otherwise noted, the design and content features on the Site, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, code, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by Friends of Diamond Lake or its affiliates, if any, or are licensed by Friends of Diamond Lake from third parties. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site or in the original Site Information on any authorized copy you make of the Site or the Site Information.
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Friends of Diamond Lake’s prior written permission.
Friends of Diamond Lake, the Friends of Diamond Lake logos, and all product names, program names, organization names, company names and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of Friends of Diamond Lake in the United States, or its affiliates or other companies under common ownership or control or their licensors (the “Marks”). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
2. FEES, PURCHASES, DONATIONS, AND REFUNDS
DONATIONS FOR MEMBERSHIP OR ANY OTHER PURPOSE MADE THROUGH THE SITE ARE NON-REFUNDABLE.
You agree to pay all applicable fees incurred in connection with donations made through the Site. YOU ACKNOWLEDGE THAT Friends of Diamond Lake IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN YOUR ACCOUNT IS CLOSED OR OTHERWISE TERMINATED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
2.2 Agreement with PayPal
All purchase and donation transactions will be processed through PayPal, Inc. ( “PayPal “).
PayPal provides a safe and cost-effective means to process transactions online. PayPal is not affiliated with Friends of Diamond Lake. All donations and purchases processed through PayPal will be governed by the PayPal User Agreement. Friends of Diamond Lake reserves the right to change its transaction processor without notice.
2.3 Transaction and Processing Fees
In order to keep costs down and provide you with the very best experience and customer service, Friends of Diamond Lake may, at its sole discretion, opt to charge you certain fees for transactions made on or through the Site. These Transaction and Processing Fees, if and when applicable, will be noted on the purchase or donation pages. By using the Site, you agree to our fees.
Friends of Diamond Lake may offer additional service options, including product personalization and customization services, for a separate charge.
4. CONTENT POSTED TO THE SITE
4.1.1. All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and all product names, company names, and all other trademarks and logos and other materials posted to the Site or otherwise provided to Friends of Diamond Lake in connection with the use of the Site, including you (“Content”), are the sole responsibility of the person or entity by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Content posted under your account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) the Content is accurate; (iii) use of the Content you supply does not violate these Terms; (iv) the Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Content will not cause injury to any person or entity.
4.1.2. Should Content be deemed illegal, we will cooperate with the proper authorities, including, but not limited to, submitting all necessary information to them.
4.1.3. If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, we may remove the Content. However, we have no obligation to restrict or monitor Content in any way.
4.1.4. You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that you find offensive, indecent, or objectionable.
4.1.5. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Site.
4.1.6. We do not control the Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Content. You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness.
4.1.7. You acknowledge that we are under no obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or any other policy or is otherwise objectionable, in our sole and absolute discretion.
4.1.8. Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, publishing and republishing the material, information or idea for direct or indirect compensation, and developing, manufacturing, and/or marketing products and services. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
4.1.9. We reserve the right to monitor some, all, or none of the areas of the Site for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Site.
4.2. Content License. We do not claim ownership of the Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. By uploading, placing, or posting Content through the Site, you grant us an irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, indefinitely and in perpetuity (the “Agreement Term”), under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Content (in whole or in part), and incorporate such Content for any purpose on the Site, including the right to permit display of the Content on an inch page. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities that involve the submission of Content by you may have terms applicable to your Content that differ from those above. In the event such terms differ with these Terms, such terms will be provided to you and will govern and have precedence over these Terms with respect to the applicable Content.
During the Agreement Term, you authorize us to use your Content in Friends of Diamond Lake’s promotional materials, literature, e-mails, and other electronic communications, provided that all such materials containing your Content are subject to your review and approval.
You also grant to Friends of Diamond Lake permission to provide a hypertext link from our Site, e-mail blasts, and other electronic communications issued by Friends of Diamond Lake to your internet home page and to any of your Content posted to the Site during the Agreement Term.
5. YOUR CONDUCT
5.1. Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your license to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines.
5.2. Conduct Guidelines/Community Standards. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
5.2.1. upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
5.2.2. harm anyone in any way;
5.2.3. impersonate any person or entity, including, but not limited to, any of our Site users, Site visitors, Friends of Diamond Lake officers, directors, shareholders, employees, agents or representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.2.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;
5.2.5. upload, post, or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5.2.6. upload, post, or otherwise transmit any Content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
5.2.7. upload, post, or otherwise transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, “chain letters,” or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in areas of the Site that allow public submissions that are identical;
5.2.8. upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
5.2.9. interfere with or attempt to disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
5.2.10. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
5.2.11. “stalk” or otherwise harass another;
5.2.12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble weapons or incendiary devices;
5.2.13. offer for sale or sell any item, good, or service through our Site, except as otherwise provided in these Terms;
5.2.14. use the Site as a forwarding service to another website;
5.2.15. allow usage by others in such a way as to violate these Terms or any other Friends of Diamond Lake policy;
5.2.16. take any steps to interfere with or in any manner compromise any of our security measures;
5.2.17. use the Site for fraudulent purposes;
5.2.18. harvest or collect any information about or regarding other users of the Site, including, without limitation, any personal data or information, except as otherwise provided in these Terms or our Privacy Statement;
5.2.19. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of any third-party website or service;
5.2.20. copy the Site or any portion thereof (other than as provided under United States copyright laws);
5.2.21. remove any legal or proprietary notices from the Site;
5.2.22. cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;
5.2.23. sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;
5.2.24. attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site; or
5.2.25. use the Site in any manner not permitted by these Terms, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using items or functionality that you do not have a right to use).
5.5. Contests and Promotions
You are not permitted to offer, advertise, or post a link to any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion”) on the Site without our prior written consent. You may seek permission by sending an email to info@Friends of Diamond Lake.com. If we consent, you take full responsibility for the Promotion, and you agree that: (i) such Promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the Promotion; (iii) you may not use the Friends of Diamond Lake name, logo or any other Friends of Diamond Lake intellectual property in the rules or any other materials relating to the Promotion, without Friends of Diamond Lake’s express written permission; (iv) such Promotion does not require making a donation as the only way to enter; (v) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which the applicable person resides; (vi) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; and (vii) such Promotion does not violate any applicable laws, rules or regulations.
You will indemnify and hold Friends of Diamond Lake harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Promotion including without limitation the publicity or administration thereof. If you do not agree to these terms, you may not publicize or administer a Promotion on the Site.
6. SITE WARRANTY DISCLAIMER
OUR SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. GENERAL TERMS
8.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” form.
8.2. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Minnesota and of the United States of America (“USA”), without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Hennepin County, Minnesota, USA. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
8.3. Changes to These Terms
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.
8.4. Contact Us
If you have any concerns about the Site or these Terms, please use the “Contact Us” form. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
8.5. Intellectual Property Infringement
Friends of Diamond Lake respects the intellectual property rights of others and expects its users to do the same. While we assume no responsibility to do so, Friends of Diamond Lake may remove Content that in its sole discretion appears to infringe the rights of others.
When you visit the Site or send emails to Friends of Diamond Lake, you are communicating with us electronically. You consent to receive communications from Friends of Diamond Lake electronically. Friends of Diamond Lake may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Friends of Diamond Lake provides to you electronically satisfy any legal requirement that such communications be in writing.
Your use of the Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this Site, you agree that we or our agents may communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
8.7. Conflict with Other Agreements
Updated and effective 12 April 2013.