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Terms of Use

Welcome! Please read carefully the following Terms of Use (“Terms of Use”) before using this website, as the Terms of Use describe your rights and responsibilities and the conditions under which this website can be used.

International Biochar Initiative (“we,” “us” or “IBI”) maintains this website (“The Site”) at the following address www.biochar-international.org. The Terms of Use apply to the entirety of The Site unless otherwise noted.

By your use, continued use, browsing or viewing of The Site, you agree to the Terms of Use, which govern your use of The Site, as well as any other terms, disclaimers or policies set forth on The Site. Also, by your actions to register, to take steps that cause the creation of an account on The Site, to click an “I agree” or similar button when creating an account through The Site, to access or to log onto a membership, registration or account for The Site, you agree to the Terms of Use. The Terms of Use are a binding contract between you and us. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with IBI Site in any way, your only recourse is to immediately discontinue use of IBI Site. Furthermore, if you do not accept and agree with all of the Terms of Use without modification, you are not authorized to access or use The Site for any purpose.

Should you register for an account through The Site, or take some other action through the Site that may be established in the future, you agree not only to the Terms of Use but also to any applicable agreement or other terms of which this Site gives you notice.

You must be 18 years or older to register an account.

You are encouraged to use and enjoy The Site, subject to the Terms of Use.

Modifications to Terms of Use. We reserve the right to modify at any time, without giving you notice of any such modifications, the Terms of Use, as well as any other terms, disclaimers or policies set forth on The Site. Your use or continued use of The Site following any such modification constitutes your agreement to follow and be bound by such things as modified. The Terms apply retroactively to all areas and content that existed on the site prior to the posting of the Terms of Use and, by leaving your content on the site, you agree to be bound by the Terms of Use. We encourage you to review the Terms of Use for The Site, as well as any other terms, disclaimers or policies set forth on The Site whenever you use The Site. 

Specific Terms for Portions of The Site. One or more activities on or portions of The Site may have its own, additional or more specific terms and conditions, disclaimers and/or terms of use (“Portion Specific Provisions”). In the event of a conflict between any portion of the Terms of Use and any part of Portion Specific Provisions, the Portion Specific Provisions control for that specific portion of The Site. As examples, we might, from time to time, offer and/or co-sponsor polls, contests, sweepstakes, raffles, promotions and games on The Site, each of which may be governed by specific rules accessible from pages of The Site offering the activity. By participating in any such activities, you will become subject to those rules. We urge you to read carefully any applicable rules, terms, disclaimers and conditions, and also to review our Privacy Policy, which, in addition to the Terms of Use, govern such activities and information you may submit. The Terms of Use incorporate by reference those other additional rules, terms, disclaimers, conditions, and our Privacy Policy; and those additional rules, terms, disclaimers, conditions, and Privacy Policy incorporate the Terms of Use.

The Site and Products

Free. As used herein, a “User” means anyone who browses or views The Site, whether or not such person creates an account. Browsing and viewing of many portions of The Site for your own personal use and review is currently free to all Users. There are some other portions that, if you are interested in accessing, will require you to become a paying member. We reserve the right to charge for access or to stop charging for access to any portion of The Site or other services in the future. In such event, we will notify you in advance and give you an opportunity to change your subscription accordingly. We further reserve the right to modify any features of this access to The Site or other services at any time.

This is not an e-commerce site. Any pricing displayed or published on The Site is only an estimation of the current market price. As such, you are not entitled to rely on the displayed prices and we disclaim all liability for damage or loss, economic or otherwise, that results from reliance on those prices.

Discontinuation. We may change, suspend or discontinue any aspect of The Site at any time, including without limitation, the availability of any feature, database or content without notice or liability. We may also impose or remove limits on certain features and services or restrict or allow access to parts of or all of The Site without notice or liability.

Security/Encryption

While our goal is to operate a 100% error-free and secure site, we do not guarantee that The Site is accurate, complete or free from unauthorized access. To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Your Account/Logins

You may have the opportunity to create a user account for The Site. Certain portions of The Site are inaccessible to Users who do not have accounts. No one under the age of 18 may create or use an account. As such, certain portions of The Site are inaccessible to those under the age of 18. Access to your account or to certain features or services on The Site may be protected by passwords or require a login. Further, for authentication purposes, certain features on The Site may require you to answer a designated security question. We will treat any personal information that you submit through The Site in accordance with our Privacy Policy, which is incorporated herein by reference. You agree to provide IBI with current, updated, complete and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree not to obtain or attempt to obtain unauthorized access to such parts or features on The Site, or to any other protected materials or information, through any means not intentionally made available to you by IBI. You agree not to use, when subscribing or at any other time on The Site, any aliases or pseudonyms or to provide any false or out of date information about yourself. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name of any person other than yourself without authorization; or (iii) use a screen name that IBI, in its sole discretion, deems offensive or inappropriate.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on The Site, and for logging off your account and any protected areas of The Site. Further, you are fully responsible for all activities that may result from your negligence, carelessness, misconduct or failure to use or maintain appropriate security measures. You agree to contact IBI immediately if you become aware of any suspicious, suspected or unauthorized use or conduct concerning your account(s), user name(s), email address(es), logins, passwords, and security questions and answers, including loss, theft or unauthorized disclosure of your password or credit card information. IBI will not be liable for any loss or damage arising from your failure to comply with this paragraph. You are responsible for all usage or activity on your account, including the use of such things by any third party, whether or not authorized by you to use such things. Any fraudulent, abusive, or otherwise illegal activity is a violation of the Terms of Use and may be grounds for termination at IBI’s sole discretion, and the person may be referred to appropriate law enforcement agencies.

Information about products and services provided to you through The Site may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal information or personal financial information, and you consent to such transmission(s).

IBI may suspend, terminate, modify, or delete any account registered with The Site or IBI at any time for any reason or for no reason, with or without notice to you. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of the Terms of Use. If the account of a paying member is terminated or deleted for any reason other than the violation of the Terms of Use, the lesser of either $60 or the amount the member has paid in the calendar year up to the point of termination will be refunded to the paying member. For all other account suspensions, terminations, modifications, or deletions not covered under this heading, IBI is under no obligation to compensate, refund or reimburse any User except as provided above, nor is IBI under any obligation to entertain any formal or informal appeals to any account suspension, termination, modification, or deletion.

Content - Ownership & Use

Content. The Site may have three types of content (“Content”).

  1. Submissions. Content that is provided or posted by you to us, for The Site or otherwise, is known in the Terms of Use as a “Submission.” A Submission includes testimonials, information, comments, postings, ideas, concepts, projects, methods, systems, designs, plans, techniques, photographs, images, illustrations, audio clips, video clips, or other materials which you provide to us or The Site.
  2. Third-Party Content. Content clearly and specifically attributed to a Third Party where the Content exists on The Site is known in the Terms of Use as “Third-Party Content.” For purposes of explanation and not limitation, most of this Content comes to IBI or The Site by way of Submissions. 
  3. Our Content. All other Content provided by us, The Site itself, trademarks, blogs, text, photographs, graphics, artwork, icons, characters, video, audio content, information, data, software, graphs, videos, typefaces, sounds, brands, the design, layout, look and appearance of the Site and other material, whether in the form shown on The Site or in other forms, media, technologies existing now or hereinafter developed are known herein as “Our Content.” Our Content also includes the code and scripts in any format used to implement The Site. Our Content can include items which were originally known as Submissions and which have subsequently become owned by IBI. Unless otherwise attributed within The Site, you should assume that all Content is Our Content. 

Trademarks. IBI uses servicemarks “INTERNATIONAL BIOCHAR INITIATIVE” and a logo that appears on the IBI webpage with a tree and a sun. These and other brands that have been or may be adopted by IBI are known in these Terms of Use as the “Trademarks.” You agree that IBI owns the Trademarks and that you will not use the Trademarks without authorization from IBI. 

Ownership of Our Content. All of Our Content published on The Site is protected by copyright, trademark or other laws, and is owned or controlled by IBI. Third-Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the Content, software, or other materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through The Site. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to or of the Content.

Protection. The Site and Our Content are also protected as and by copyrights, trademarks, patents or other proprietary rights and laws. The Site and Our Content are copyrighted as one or more collective works and/or compilations pursuant to U.S. copyright laws, international conventions, and other copyright laws, and IBI owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of The Site and Our Content. Neither title nor intellectual property rights are transferred or granted to you by access to The Site.

License to Use Our Content. Unless indicated otherwise (e.g., on the Site or in content made available on the Site), Our Content is licensed under the following terms, which have been adapted from a Creative Commons Attribution-NoDerivs 3.0 License and modified for The Site’s purposes. While we require you to read the license as it exists in the Terms of Use in its entirety, here is a short summary of what you are agreeing to, followed by a set of definitions and the License itself:

You are free:

to Share — to copy, distribute and transmit the work

Under the following conditions:

Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

No Derivative Works — You may not alter, transform, or build upon this work.

With the understanding that:

Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.

Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.

Other Rights — In no way are any of the following rights affected by the license:

--Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
--The author's moral rights;
--Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.

Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.

Definitions:

  1. (a) "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
  2. (b) "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
  3. (c) "Distribute" means to make available to the public the original and copies of the Work through sale or other transfer of owners
  4. (d) "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
  5. (e) "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
  6. (f) "Content" or “Work” means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
  7. (g) "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  8. (h) "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
  9. (i) "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

You may distribute or publicly perform Our Content only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of Our Content that you distribute or publicly perform. You may not offer or impose any terms on Our Content that restrict the terms of this License or the ability of the recipient of Our Content to exercise the rights granted to that recipient under the terms of the License. You may not sublicense Our Content. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of Our Content that you distribute or publicly perform. When you distribute or publicly perform Our Content, you may not impose any effective technological measures on Our Content that restrict the ability of a recipient of Our Content from you to exercise the rights granted to that recipient under the terms of the License. This section applies to Our Content as incorporated in a collection, but this does not require the collection apart from Our Content itself to be made subject to the terms of this License. If you create a collection, upon notice from any IBI you must, to the extent practicable, remove from the collection any credit to IBI as requested by IBI.

If you distribute or publicly perform Our Content or collections, you must, unless IBI requests otherwise, keep intact all copyright notices for Our Content and provide, reasonable to the medium or means you are utilizing: (i) the name of the original author (or pseudonym, if applicable) if supplied, and/or if the original author and/or IBI designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in IBI's copyright notice, the Terms of Use, or by other reasonable means, the name of such party or parties; (ii) the title of Our Content if supplied; (iii) to the extent reasonably practicable, the URI, if any, that IBI specifies to be associated with Our Content, unless such URI does not refer to the copyright notice or licensing information for Our Content. The credit required by this section may be implemented in any reasonable manner; provided, however, that in the case of a collection, at a minimum such credit will appear, if a credit for all contributing authors of collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, you may only use the credit required by this section for the purpose of attribution in the manner set out above and, by exercising your rights under this License, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the original author, IBI and/or Attribution Parties, as appropriate, of you or your use of the Content, without the separate, express prior written permission of the original author, IBI and/or Attribution Parties.

For the avoidance of doubt:

i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, IBI reserves the exclusive right to collect such royalties for any exercise by you of the rights granted under this License;

ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, IBI reserves the exclusive right to collect such royalties for any exercise by you of the rights granted under this License if your exercise of such rights is for a purpose or use which is other than noncommercial (as permitted above) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,

iii. Voluntary License Schemes. IBI reserves the right to collect royalties, whether individually or, in the event that IBI is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by you of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted above.

Except as otherwise agreed in writing by IBI or as may be otherwise permitted by applicable law, if you reproduce, distribute or publicly perform Our Content either by itself or as part of any collection(s), you must not distort, mutilate, modify or take other derogatory action in relation to Our Content which would be prejudicial to the original author’s or IBI’s honor or reputation.

Third-Party Content. The Site may include certain information provided by third parties. Neither IBI nor the provider of Third-Party Content shall have any liability for any errors or delays in the substance, Content, provision, or availability of Third-Party Content, or for any actions taken in reliance thereon. Third-Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the Content, software, or other materials.

License to Use Third-Party Content (Including Submissions). This license has been adapted from a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License and modified for The Site’s purposes. While we require you to read the license as it exists in the Terms of Use in its entirety, here is a short summary of what you are agreeing to, followed by a set of definitions and the License itself:

You are free:

to Share — to copy, distribute and transmit the Content

Under the following conditions:

Attribution — You must attribute the Content in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

Noncommercial — You may not use this Content for commercial purposes. 

No Derivative Works — You may not alter, transform, or build upon this work.

With the understanding that:

Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.

Public Domain — Where the Content or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.

Other Rights — In no way are any of the following rights affected by the license:

--Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
--The author's moral rights;
--Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.

Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.

--Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
--The author's moral rights;
--Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.

Definitions:

  1. (a) "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
  2. (b) "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
  3. (c) "Distribute" means to make available to the public the original and copies of the Work through sale or other transfer of ownersh
  4. (d) "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
  5. (e) "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
  6. (f) "Content" or “Work” means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
  7. (g) "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  8. (h) "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
  9. (i) "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

By submitting Content to IBI or The Site, you agree the terms of this license shall apply to any Content that does not fit under the definition of “Our Content.” You may distribute or publicly perform Third-Party Content only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of Third-Party Content that you distribute or publicly perform. You may not offer or impose any terms on Third-Party Content that restrict the terms of this License or the ability of the recipient of Third-Party Content to exercise the rights granted to that recipient under the terms of the License. You may not sublicense Third-Party Content. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of Third-Party Content that you distribute or publicly perform. When you distribute or publicly perform Third-Party Content, you may not impose any effective technological measures on Third-Party Content that restrict the ability of a recipient of Third-Party Content from you to exercise the rights granted to that recipient under the terms of the License. This section applies to Third-Party Content as incorporated in a collection, but this does not require the collection apart from Third-Party Content itself to be made subject to the terms of this License. If you create a collection, upon notice from any IBI you must, to the extent practicable, remove from the collection any credit as requested by IBI.

You may not exercise any of the rights granted to you for use of Third-Party Content in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of Third-Party Content for other copyrighted works by means of digital file-sharing or otherwise shall be considered to be intended for or directed toward commercial advantage or private monetary compensation, regardless of whether there is payment of any monetary compensation in connection with the exchange of copyrighted works.

If you distribute or publicly perform Third-Party Content or collections, you must, unless IBI requests otherwise, keep intact all copyright notices for Third-Party Content and provide, reasonable to the medium or means you are utilizing: (i) the name of the original author (or pseudonym, if applicable) if supplied, and/or if the original author and/or IBI designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in IBI's copyright notice, the Terms of Use, or by other reasonable means, the name of such party or parties; (ii) the title of Third-Party Content if supplied; (iii) to the extent reasonably practicable, the URI, if any, that IBI specifies to be associated with Third-Party Content, unless such URI does not refer to the copyright notice or licensing information for Third-Party Content.
The credit required by this section may be implemented in any reasonable manner; provided, however, that in the case of a collection, at a minimum such credit will appear, if a credit for all contributing authors of collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, you may only use the credit required by this section for the purpose of attribution in the manner set out above and, by exercising your rights under this License, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the original author, IBI and/or Attribution Parties, as appropriate, of you or your use of the Third-Party Content, without the separate, express prior written permission of the original author and/or Attribution Parties.

For the avoidance of doubt:

i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, IBI reserves the exclusive right to collect such royalties for any exercise by you of the rights granted under this License;

ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, IBI reserves the exclusive right to collect such royalties for any exercise by you of the rights granted under this License if your exercise of such rights is for a purpose or use which is other than noncommercial (as permitted above) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,

iii. Voluntary License Schemes. IBI reserves the right to collect royalties, whether individually or, in the event that IBI is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by you of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted above.

Except as otherwise agreed in writing by IBI or as may be otherwise permitted by applicable law, if you reproduce, distribute or publicly perform Third-Party Content either by itself or as part of any collection(s), you must not distort, mutilate, modify or take other derogatory action in relation to Third-Party Content which would be prejudicial to the original author’s or IBI’s honor or reputation.

Site Integrity. The Site has been specially designed for presentation of Content in a unique format and appearance.  We are concerned about the integrity of The Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with The Site. Without limiting other provisions of the Terms of Use, neither you nor any third party shall make use of The Site or Content in any manner that constitutes an infringement or violation of our rights, including copyright, or that has not been authorized by us.

Copyright Notice. Copyright 2011 International Biochar Initiative. All rights reserved.

Copyright Management Information. You agree that you will not remove, change or obscure any copyright or other notices for The Site, Content or anything from or involved with The Site.

SUBMISSIONS

Unsolicited Materials. Unless specifically requested, we do not solicit any confidential, secret or proprietary information or other material from you through or for The Site, by e-mail or in any other way. Of course, information we request that you provide to us is not a Submission as that term is used in the Terms of Use.

Provision. You may have the opportunity on The Site (or otherwise) to post, transmit or otherwise make available Submissions, including testimonials, opinions, responses, ideas, images or other things. We reserve the right to post and to remove any Submissions sent to us or posted to The Site for any reason, or for no reason at all. Decisions as to whether Submissions should be posted or removed, or whether Submissions violate our standards will be made in our sole discretion after we have actual notice of such posting. 

If you contribute any Submissions, you are publishing every word and material you provide. You should therefore assume that it may be retained forever, although we assume no obligation to retain or make it available for any length of time, much less forever. While IBI has overview procedures for Content submitted to The Site, with respect to Submissions posted to or on The Site, we are the provider of an interactive computer service and so the User providing the Submission (which may be you or a third party) is the publisher or speaker of the Submission. For such Submissions, we remain merely the provider of an interactive computer service and not the Content provider even if we exercise the traditional editorial function of editing or revising a Submission.  For such Submissions, we are neither requesting nor requiring any particular or general information from you.

Use of Submissions by IBI. Because we allow Users like yourself to submit Content and to post materials on forums and in other ways on The Site, we need to obtain certain rights in your Submissions. By submitting or otherwise making Submissions available on The Site, you hereby grant to us a royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, public, translate, create derivative works from, distribute, perform, and display your Submissions, and to incorporate your Submissions in other works in any form, media, or technology now known or later developed. For use of IBI Content and of Third-Party Content by Users other than IBI, please see the licenses above. In particular, by submitting or otherwise making Submissions available on The Site, you do so with the understanding that users of The Site may use your Submissions pursuant to the terms of the License to Use Third-Party Content (above).

Submission Content. You are responsible for all Submissions you provide.  You represent and warrant that:

  • all Submissions you provide are NOT illegal, defamatory, libelous, threatening, intimidating, derogatory, abusive, harassing, rude, vulgar, obscene, bigoted or hateful, insensitive, petty, uncivil, offensive, profane, scandalous, pornographic, indecent, invasive of privacy or publicity rights, tortuous, unreasonable, or intentionally false, fraudulent, deceptive, wrong, improper or otherwise objectionable;
  • all Submissions you provide do NOT infringe any copyright, patent, trademark, trade secret, other intellectual property right or proprietary right of any party, and is not Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • all Submissions you provide are either original to you or are provided without violation or infringement of any contract or rights of any others;
  • all Submissions you provide do not contain any material, non-public information about any third party or third-party’s intellectual property, trade secret, or other rights;
  • no other party has any rights to the Submissions you provide or that you have all rights necessary to grant the rights and agree to the provisions of the Terms of Use;
  • your act of providing, and the continued existence on The Site of, such Submissions does NOT violate any right, restriction, law, regulation, ordinance, governmental decree, contract or obligation;
  • all Submissions you provide are provided without any restrictions;
  • all Submissions you provide do NOT violate the Terms of Use;
  • all Submissions you provide do NOT solicit, encourage or promote illegal activity or substances;
  • all Submissions you provide do NOT express or imply that any statements you make are endorsed by IBI, without our prior written consent;
  • all Submissions you provide do NOT give rise to civil or criminal liability, encourage conduct that constitutes a criminal offense or otherwise violates any local, state or federal law;
  • all Submissions you provide do NOT contain any personal or identifying information about another person without that person’s explicit consent; and
  • all Submissions you provide do NOT constitute an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service. You may NOT provide or post Submissions that are contrary to the above representations, warranties and restrictions.

Prohibited Submissions. Additionally, you may not post, transmit or provide as a Submission for The Site anything containing any element of the following:

  • advertising or commercial solicitations, chain letters, pyramid schemes, investment opportunities, affiliate marketing, link referral code, or junk mail;
  • promotional materials relating to other websites or online services competitive with IBI or The Site;
  • irrelevant Content;
  • unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such a phishing);
  • software or other materials that are or contain spam, viruses, worms, time-bombs, Trojan horses, or another harmful or disruptive component;
  • personalized information about your own investments, objectives, needs or portfolios;
  • political campaign materials, chain letters, mass mailings or spam; or
  • any robot, spider, crawler, site search/retrieval application or other manual or automatic device or process to retrieve, index, database, data mine, or in any way reproduce or circumvent The Site or the navigational structure or presentation of The Site.

Not Confidential. Submissions will be deemed NOT to be confidential or secret. We will not be required to treat any of your Submissions as confidential, and may use any of your Submissions in our respective businesses (including, without limitation, advertising) without incurring any liability for royalties, damages or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.

Noncommercial. To the extent that any forums, message boards, blogs and similar things are provided by The Site for the receipt and posting of Submissions, such things shall be used only in a noncommercial manner by you. You shall not, without the express approval of IBI, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

Responsibilities. IBI is not responsible for any Content of any Submissions on The Site. IBI has the right, but assumes no obligation, to monitor Submissions for compliance with the Terms of Use or any other reason. IBI reserves the right not to post and to delete, move, or edit messages that it, in its sole discretion, desires not to have on The Site, or deems abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise unacceptable, in violation of the Terms of Use, or for no reason whatsoever. IBI reserves the right, but not the obligation, to take any action it deems appropriate with respect to The Site, Submissions, and Third-Party Content to operate The Site properly, to protect other users, IBI, IBI’s business relationships, and guests to The Site, and to comply with legal obligations or governmental requests. The providers of Submissions shall remain solely responsible for the Content of their Submissions, whether the Submission is edited or not.

Editing. By providing a Submission, you acknowledge and agree that any Submissions (whether a letter to the editor, testimonial, review, commentary, or otherwise) may be edited, removed, modified, published, transmitted, displayed, truncated, or not posted, or not displayed by IBI. In addition, by providing a Submission, you warrant that you have irrevocably waived all moral rights and other rights with respect to attribution of authorship or integrity, under any applicable law under any legal theory, in any Submissions you provide.

Disclaimer of Warranties. Submissions and Third-Party Content, generally, that may be found on The Site have not necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. Such things are therefore provided “as is” and without any warranties of any sort from us. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition or non-infringement. 

Under no circumstances will IBI employees, representatives, or IBI Site coordinators be liable in any way for any Content, including 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 on IBI Site. You understand that IBI does not completely control, and is not responsible for all Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, The Site and Content available on The Site may contain links to other websites, which are completely independent of The Site. IBI makes no representation or warranty as to the accuracy, completeness, usefulness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk

Additional disclaimers are set forth below. IBI does not represent or endorse the accuracy or reliability of any Submission, Third-Party Content, advice, opinion, statement, or other information displayed, uploaded, or distributed through The Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk. IBI reserves the right, in its sole discretion, and assumes no obligation, to correct any errors or omissions in any portion of The Site.

Personal Information. Information, including personally identifiable information (any information which can be used to identify a specific individual, such as a name, email address, postal address or telephone number) which is provided as a Submission or posted by you on The Site in an area viewable by other users will be accessible to other users including people you may not know. Making this information available may result in a user receiving “spam” or unsolicited e-mail. You are encouraged to use discretion when communicating with others and/or disclosing personally identifiable information online. In addition, IBI has no control over, and shall have no liability for, damages resulting from the use or misuse by any third party of information that you voluntarily make public through a Submission. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A SUBMISSION, YOU DO SO AT YOUR OWN RISK. Without limiting the foregoing, you consent to the publication of any of the following that you provide to us, including in a testimonial: your name, first name, last name, initials, the testimonial and signature.

Digital Millennium Copyright Act Notice. If you believe that Content available by means of The Site infringes one or more of your copyrights, please notify IBI by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If IBI takes action in response to an Infringement Notice, IBI will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by such party to IBI.

Your Infringement Notice may be forwarded to the party that made the Content available or to third parties such as www.ChillingEffects.org.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure Content located on or linked-to by The Site infringes your copyright, you should consider first contacting an attorney.

Please follow these steps to file a notice:

  1. Contact the Content’s originator, if possible, to see if the matter can be resolved directly between you and the other party.
  2. If the issue cannot be resolved directly with the other party, send your complaint to IBI’s designated agent at info@biochar-international.org.

You must include the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) an identification of the copyright claimed to have been infringed; (iii) a description of the nature and exact location of the Content that you claim to infringe your copyright, in sufficient detail to permit IBI to find and positively identify that Content; for example, a written description of the Content as well as a link to the specific web address or addresses on which the Content to which you refer to appears; (iv) your name, address, telephone number and email address; and (v) a statement by you: (a) that you believe in good faith that the use of the Content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Good Behavior

You must engage in good behavior when utilizing The Site.  Rude, insensitive, illegal, malicious or petty behavior is not productive, is not good behavior and will not be condoned. Personal attacks, fraudulent behavior, the use of aliases, sock puppetry, and vandalism also are not productive, not good behavior and will not be condoned.

Your Use of The Site. You may use The Site only in a legal fashion and in accordance with the Terms of Use. Unauthorized use of The Site may give to a claim for damages and/or be a criminal offense. You acknowledge that we have no obligation to monitor any aspect of The Site or the Content, and we assume no such obligation. However, we reserve the right to monitor use of The Site to determine compliance with the Terms of Use. We also reserve the right to refuse to post, to modify, or to remove, in whole or in part, any Submissions, Content, information or material(s), that, in our sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong, incomplete, in violation of the Terms of Use or otherwise should be removed, modified or not posted for any reason or no reason at all. We may also suspend, terminate and/or block anyone’s use of The Site, or any aspect of The Site, at any time in our sole discretion, for any reason or no reason at all.

No Duty to Police or Check

We undertake no duty or obligation to police, monitor, review or verify any aspect of Submissions or Third-Party Content.

DISCLAIMERS & LIMITATIONS ON LIABILITY

DISCLAIMER. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, OUR CONTENT, AND ALL MATERIALS AND/OR SERVICES ON THE SITE OR PROVIDED THROUGH THE SITE ARE EACH PROVIDED “AS IS,” ON AN “AS AVAILABLE” BASIS, AND WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIRD PARTY CONTENT AND SUBMISSIONS ARE PROVIDED BY OTHERS, WHO MAY OR MAY NOT MAKE OTHER PROMISES, GUARANTEES OR WARRANTIES, AND WE ARE NOT RESPONSIBLE FOR ANY SUCH THINGS. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SITE, CONTENT, INFORMATION, SERVICES OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR SUBSTANCE OF THE CONTENT OR OTHER SERVICES THAT MAY BE CONNECTED TO OR ASSOCIATED WITH THE SITE. WE, OUR AFFILIATES AND OTHER THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, SUITABILITY, NON-INFRINGEMENT, AND CONDITION. WE, OUR AFFILIATES AND OTHER THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT DEFECTS WILL BE CORRECTED, THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR AFFILIATES AND OTHER THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE OR THE CONTENT. WE, OUR AFFILIATES AND OTHER THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH THINGS. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE DO NOT ENDORSE ANY OF THE THIRD-PARTY CONTENT AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF SUCH THIRD-PARTY CONTENT.

Not Professional Advice. Content on the Site is not intended to be professional licensed advice. If you need specific advice (for example, medical, legal, financial or risk management), please contact a professional licensed by an appropriate governmental body.

Timeliness. The information on The Site, whether historical in nature or forward-looking, speaks only as of the time and date the information is posted on The Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from The Site if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use The Site in the same manner as any other educational medium and should not rely on The Site to the exclusion of their own professional judgment. Information obtained by using The Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

Your Requirements. It shall be your own responsibility to ensure that any services or information available through The Site meet your specific requirements. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment and all internet access services needed for access to and use of The Site, and you are responsible for all charges related thereto.

Corrections. We reserve the right to correct any errors or omissions on The Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to The Site, we do not guarantee or warrant that The Site or materials that may be downloaded from The Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on The Site and any materials available through The Site, you do so solely at your own risk.

LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES, CONTENT, OR ANY MATERIALS AND/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIM 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.” WITHOUT LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THE TERMS OF USE BY YOU; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF THE TERMS OF USE BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH BELOW.

You Assume the Risk. To the extent permitted by law, you assume the risk of all use of The Site and the Content. As set forth below in the Terms of Use, you release us from all liability and you will indemnify and defend us.

Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, parents, licensors, Content providers, and service providers, and all of our/their employees, agents, officers, managers, directors, owners, shareholders, agents, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use by you or done at your direction or request or from any illegal conduct by you, including without limitation any use of The Site or any Content other than as expressly authorized in the Terms of Use or as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized action, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your providing a Submission, violating any of the Terms of Use or using any Content.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under the Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.

Miscellaneous

Links. From time to time, The Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse or have an association with the linked website(s). We have no responsibility for the content of the linked website(s).

User Information. In the course of your creation of an account or other use of The Site, you may provide or you may be asked to provide certain information about yourself ("User Information"). We will treat any personal information that you submit through The Site in accordance with our Privacy Policy, which is incorporated herein by reference.  You may access that Privacy Policy through The Site at this address: http://www.biochar-international.org/privacy-policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. 

Please keep in mind that whenever you voluntarily disclose personal information online - for example, through email, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for determining whether you intend for your personal information to be confidential and for maintaining its confidentiality. Please be careful and responsible whenever you are online.

Applicable Laws. We control and operate The Site from our offices in Virginia in The United States of America. We do not represent that materials on The Site are appropriate or available for use in other locations. Persons who choose to access The Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use and the relationship between you and us shall be governed by the laws of The United States of America, without regard to its conflict of law provisions. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Mandatory Arbitration. Regardless of any laws or statutes to the contrary and regardless of the fact that you may reside outside the United States of America, you agree that you will be forever barred from bringing any claim or cause of action which relates to The Site or the Terms of Use unless you file such claim with the American Arbitration Association within one (1) year after such claim or cause of action accrues to be arbitrated in Fairfax, Virginia. Failure to comply with this one (1) year requirement shall constitute an absolute bar to such claim or cause of action.

Any disputes relating to the Terms of Use or The Site shall be submitted to confidential arbitration in Fairfax, Virginia, and you waive any and all objections which you have to such disputes being resolved through arbitration in Fairfax, Virginia, including any objections to jurisdiction or venue. Arbitration under the Terms of Use shall be conducted under the commercial rules of the American Arbitration Association, unless other rules are mutually agreed upon by the parties. Any award made by the arbitrator shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms of Use shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.

The Terms of Use and any relationship between you and IBI shall be governed in all respects by the laws of the Commonwealth of Virginia, which laws shall prevail in the event of any conflict of law, without regard to, and without giving effect to, the application of Virginia choice of law rules.

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CONTROVERSIES ARISING OUT OF THE TERMS OF USE AND YOUR USE OF THE SITE.

Breaches of Security. We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information.  We also may allow to be displayed on The Site advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.

Legal Subpoenas. We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (i) comply with the law or with legal process; (ii) protect and defend our rights and property; (iii) protect against misuse or unauthorized use of The Site; or (iv) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Please do not send us or post any information about anyone under the age of 18, like names, addresses or email addresses. In general, we do not knowingly collect personally identifiable information from those under 18. If, in limited circumstances, we do knowingly collect personally identifiable information from someone under the age of 18, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 18 without verification of parental consent, we will delete that information from our material as quickly as possible.

Should you have other questions or concerns about the Terms of Use, please email us at: info@biochar-international.org

The Site is operated by: International Biochar Initiative.


Last updated: June 24, 2011