Last update: June 2013
Welcome to the Growing Cities Website! These website terms and conditions govern our relationship with you and others who interact with the website. By using or accessing the Growing Cities Website (“Website”), you agree to these terms and conditions.
Growing Cities wants to make it as easy as possible for people to find participate in their local food system. One way the Website does this is with a national urban farm map (“Map”), which allows users ("Users") to post descriptions and photos ("Farm Information") from good food organizations and urban farms in their area. This Farm Information is posted on the Map and indexed to make it easy to find whatever it is you are looking for. This makes it so you can visit the site to browse and search for ways to participate in your local food system.
2. Sharing Photos, Stories, and Information
In order for Growing Cities to further its mission, it is important that the Farm Information you provide to the Website can be shared and used by the Website and others. By sharing your own stories via blog post, photo, or video (“Stories”) on the Learn page, Users agree that the Growing Cities Website may use and share these Stories with others as outlined below. By uploading Photos, Stories, and posting Farm Information to the website you agree that you are licensing this work to The Growing Cities Website and others under a Creative Commons (“CC”) Attribution-Noncommercial License (the "License"). The term "Farm Information" does not include your Personal Information.
The CC License allows the Growing Cities Website and others to use Farm Information subject to a couple of conditions. First, the Growing Cities Website and others can only use your work for noncommercial purposes. The Growing Cities Website needs to pay the bills, however, so you agree that our commercialization of the website as a whole, as opposed to any individual Photo or Information, is not a commercial purpose. You also agree that we can use your Photos and Information for purposes of promoting or advertising the Growing Cities Website regardless if such promotion results in income to us. Second, the Growing Cities Website and others must credit the work to you. Your credit will appear as "[Your Name] via The Growing Cities Website" with a hyperlink to the Growing Cities Website homepage where possible.
A further explanation of the License and the full text of the License (i.e., the legalese) can be found here. Please do not upload Photos or post Information to the website if you do not want them to be subject to the License.
3. Using the Website
We do our best to keep the Growing Cities Website a safe place, and to maintain a positive user experience, but we cannot guarantee it. We need your help to do that, so by using the website you agree that you will not:
• Use the website in a way that is not consistent with the mission of the Growing Cities Website.
• Collect users' content, or otherwise access the website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• Upload viruses or other malicious code.
• Post content that is hateful, disparaging, pornographic, or obscene.
• Use the website to do anything unlawful, misleading, malicious, or discriminatory.
• Do anything that could disable, overburden, or impair the proper working of the website.
4. Respect Other People's Rights
Please respect other people's rights. You may not post content (e.g. Photos or Information) or take any action on the website that infringes or violates someone else's rights or otherwise violates the law. We can remove any content you post on the website if we believe that it violates these terms and conditions.
If you believe your intellectual property rights ("IP rights") are being infringed, please contact us immediately. If we remove your content for infringing someone else's IP rights, and you believe we removed it by mistake, we will provide you with an opportunity to respond. If you repeatedly infringe other people's IP rights, we will disable your account when appropriate.
The Growing Cities Website allows users to upload Farm Information from their mobile devices. Our mobile services are free but please be aware that your carrier's normal rates and fees will still apply.
6. Personal Information
When you sign up for our e-newsletter you are opting to receive our newsletter to keep you posted on screenings, events, other exciting happenings for Growing Cities. We do not share your name or email address with anyone unless we’re legally obligated to do so. You may opt out of all communications at any time.
When you access the Growing Cities Website from a computer or mobile phone we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit. We also use "cookies" (small pieces of data we store for an extended period of time on your computer or mobile device) to make the Growing Cities Website easier to use. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use the website.
7. How-to's, Books, and Links
We put forth our best effort to make relevant resources, books, and links ("Resources") available for Users to learn more about urban farming, gardening, and sustainable agriculture. The listing of these Resources on the Website does not imply our support for specific products, organizations, or blogs. If Users find the Resources unsatisfactory in any way, please contact us. We will not be held responsible for any claims, damages, or other suits based on providing these Resources (see Section 10, Disputes).
All payments for goods on the Website are processed by Paypal. By making a payment on our Website via Paypal, you ("Buyer") agree to their terms and conditions which can be viewed on their website. We will make our best effort to ensure you are satisfied with your purchase and will refund the purchase price of any transaction within 14 days of purchase. The Buyer must pay all costs of shipping and handling on return items. To initiate a return, please contact us.
In furtherance of the mission of The Growing Cities Website, the data you provide to the website, including, without limitation, Farm Information, Photos, Stories, blog posts, videos, addresses, farms, etc., may be shared by the Growing Cities Website for use by others through an application programming interface (otherwise known as an API). The API will allow others, principally developers, to access, analyze, and make use of the data with other programs and applications, subject to the Growing Cities Website Data API terms and conditions. We may also share aggregate information about activities on the website with third parties to help improve or promote the website.
You will resolve any claim, cause of action or dispute ("Claim") you have with us arising out of or relating to these terms and conditions or the website exclusively in a state or federal court located in the State of Nebraska. The laws of the State of Nebraska will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Nebraska for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content on the website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SAFE OR SECURE. THE WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE OF SERVICE OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE WEBSITE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "the website" we mean the features and services we make available, including through our website at www.growingcitiesmovie.com and any other Growing Cities Website branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) and other media, software, devices, or networks now existing or later developed.
By "us," "we" and "our" we mean Elmwood Motion Picture Company, LLC, a Nebraska limited liability company whose registered office is at: 5711 Leavenworth St. Omaha, NE 68106, and our successors, assigns, and sublicensees.
By "Farm Information" we mean addresses, photos, tags, and any other information you provide us with about local good food organizations or urban farms.
By "Personal Information" we mean information that can identify you specifically such as your name, and if you've provided this information to us, your email address.
By "content" we mean Photos and Information but also any other information you provide to the website including Personal Information.
By "data" we mean the aggregate content from the website.
By "post" we mean post on the website or otherwise make available to us.
By "use" in regards to content we mean use, copy, publicly perform or display, distribute, modify, translate, remix, and create derivative works of.
By "terms and conditions" we mean these written terms and conditions as well as other instructions and policies communicated to you on the website.
By "you" we mean Users and others accessing or using the website, unless the context dictates otherwise.
These terms and conditions make up the entire agreement between the parties regarding the website, and supersede any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these terms to anyone else without our consent. All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these terms shall prevent us from complying with the law. These terms do not confer any third party beneficiary rights.