Terms of Service
Last updated: Jun 9, 2018
These Terms of Service (“Terms”) govern this website user (“you”) access to and use of the services, websites, and applications offered by the Organics Council ® (the “Service”, “us”, “we”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
1. Use of the Service
You may use the Service only if you can form a binding contract with the Organics Council ®, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on our websites.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. The Organics Council ® may not be liable for any loss or damage arising from your failure to comply with this instruction.
2. User Content
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
3. Your License to the Organics Council ®
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) and pursuant to the Business Terms agreed, where applicable, with the Organics Council ®, as far as the Organics Council ® licensing activities are concerned.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant the Organics Council ® the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Organics Council ® reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
4. The Organics Council ®’s Licenses to You
Subject to these Terms, the Organics Council ® gives you a worldwide, royalty-free, revokable, non-assignable and non-exclusive license to re-post any of the Content on the Organics Council ® anywhere on the rest of the web provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute the Organics Council ® by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the Content on https://organicscouncil.org/ on every page that contains the Organics Council ® Content; (c) upon request, either by the Organics Council ® or a user, remove the user’s name from Content which the user has subsequently made anonymous; (d) upon request, either by the Organics Council ® or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on https://organicscouncil.org/ . and (e) upon request, either by the Organics Council ® or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on https://organicscouncil.org/ .
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Organics Council ®, or any of the Organics Council ® user of you or your use of the work, without the separate, express prior written permission of the Organics Council ® user.
If you operate a search engine or robot, or you republish a significant fraction of all the Organics Council ® Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
- You must use a descriptive user agent header.
- You must follow robots.txt at all times.
- You must make it clear how to contact you, either in your user agent string, or on your website if you have one
Subject to these Terms, the Organics Council ® gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by the Organics Council ®.
Your Content, which is accessible without having to log in, will be viewable by other users of the Service and through third party services and website.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. The Organics Council ® will not be responsible or liable for any use of your Content by the Organics Council ® in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Organics Council ®, its users and the public.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the “Your License to theOrganics Council ®” section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, the Organics Council ®’s computer systems, or the technical delivery systems of the Organics Council ®’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by the Organics Council ® (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Organics Council ® (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of the Organics Council ® except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may make available one or more APIs for interacting with the Service. Your use of any the Organics Council ® API is subject to these terms and the the Organics Council ® API Rules, which will be posted before we make these APIs available (as part of these Terms).
6. Proprietary Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of the Organics Council ® and its licensors. The Service is protected by copyright, trademark, and other laws of both England and Wales, and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the the Organics Council ® name or any of the the Organics Council ® trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by the Organics Council ® on the Service are subject to change. In consideration for the Organics Council ® granting you access to and use of the Service, you agree that the Organics Council ® and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
7. Copyright Policy
The Organics Council ® respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service shall be served to email email@example.com .
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Lumen (https://lumendatabase.org) for publication and/or annotation. You can see an example of such a publication at https://lumendatabase.org/notices/12073901#. A link to your published notice will be displayed on https://lumendatabase.org in place of the removed content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, the Organics Council ® will also terminate a user’s account if the user is determined to be a repeat infringer.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Organics Council ® of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
10. Disclaimers; Indemnity
The Organics Council ® will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that the Organics Council ® has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service, except where it is required by law. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, obtained orally from the Organics Council ®, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Organics Council ® AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE Organics Council ® HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, 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.
11. General Terms
These Terms and any action related thereto will be governed by the English laws without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Greater London, UK, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than £10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
These Terms are the entire and exclusive agreement between the Organics Council ® and you regarding the Service (excluding any services for which you have a separate agreement with the Organics Council ® that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Organics Council ® and you regarding the Service.
The failure of the Organics Council ® to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision is material under applicable law we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
Last updated: Jun, 9, 2018.
1. Information Collection and Use
The Organics Council ® uses information we collect to analyse how the Service is used, diagnose service or technical problems, maintain security, personalise content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
2. User-Provided Information:
You provide us information about yourself, such as your name, e-mail address and interests, if you register for a member account with the Service. Your name and other information you choose to add to your profile will be available for public viewing on the Service. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). You can control receipt of certain Service-related messages on your Settings page. We may also use your contact information to send you marketing email messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
3. Information Collected Automatically
When you use the Service, we use persistent and session cookies (for information on cookies, please see below) and other tracking technologies such as log files, clear GIFs, and Flash technologies to: (a) store your username and password; (b) analyse the usage of the Service; (c) customise the Service to your preferences; and (d) control the advertising displayed by the Service. We also may include clear GIFs in HTML-based emails sent to our users to determine whether the message has been opened. As we adopt additional technology, we may also gather additional information through other methods.
We use these automated technologies to collect and analyse certain types of information, including: (a) information related to the devices or browsers you use to access or interact with the Service, such as: IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, and unique numbers or codes in cookies; and (b) information related to the ways in which you interact with the Service, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Service, and other similar information. We may also capture other data, such as search criteria and results.
The Organics Council ® discloses a subset of this automatically collected information publicly. Specifically, you consent to the Organics Council ®’s disclosure of information related to the ways in which you interact with the Service, such as: landing pages, pages viewed and the order of those pages (including questions and answers viewed), the date and time you used the Service, and other similar information on the Service to other Organics Council ® users, along with your name (it does not need to be your real name unless you choose to disclose it in public) and profile image (it does not need to be your identity disclosing photo unless you choose to disclose it in public).
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Service), and may use that information to customise the Service with location-based information and features. If you access the Service through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.
A cookie is a small text file stored by a website in a user’s web browser (e.g. Internet Explorer, Safari, Firefox or Chrome) that helps us in many ways to make your visit to our website more enjoyable and meaningful to you. Among other things, cookies avoid you having to log in every time you come back to our website. They also allow us to tailor a website or advertisement to better match your interests and preferences.
A session cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.
A persistent cookie remains on your computer after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies stay on your computer until either they expire or are overwritten with newer cookies, or you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site functions or features.
While specific names of the cookies and similar technologies that we use may change from time to time as we improve and update our services, they generally fall into the below categories of use:
Authentication and security cookies. We use these cookies to enable you to remain logged into the Organics Council ®, and verify that it is you as you use the Organics Council ®. This helps keep your account safe and secure from unauthorizsed use, and helps combat spam and other abuse which violates our policies.
Analytics and research cookies. We use these cookies to better understand how people use the Organics Council ®. For example, how often particular features are used, or which content leads towards user activity.
Product features and setting cookies. We use these cookies to enable the functionality of some features within the Organics Council ® product, in particular to personalise the experience towards you. We also use these cookies to store certain of your preferences and settings.
Advertising cookies. We use these cookies to help deliver relevant ads to you and measure the performance of ads.
Flash Cookies. We may, in certain situations, use Adobe Flash Player to deliver special content, such as video clips or animation. To improve your user experience, Local Shared Objects (commonly known as “Flash cookies”) are employed to provide functions such as remembering your settings and preferences. Flash cookies are stored on your device, but they are managed through an interface different from the one provided by your web browser. This means it is not possible to manage Flash cookies at the browser level, in the same way you would manage cookies. Instead, you can access your Flash management tools from Adobe’s website directly. The Adobe website provides comprehensive information on how to delete or disable Flash cookies see adobe.com/security/flashplayer for further information. Please be aware that if you disable or reject Flash cookies, you may not be able to access certain features, such as video content or services that require you to sign in.
For additional information on how to block cookies, please refer to the privacy or security settings of your browser.
5. Third Party Analytics and Advertising
6. How We Share Your Information
The Organics Council ® may share your information with third party service providers for the purpose of providing the Service to you, such as payment processors, email service providers, and providers of technical infrastructure (such as servers or databases co-located with hosting providers), engineering, or other support.
As we develop our organisation, we may buy or sell assets. Customer, email, and visitor information are generally among the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
We may share or disclose your information with your consent, such as if you choose to sign on to the Service through a third-party service. We cannot control third parties’ use of your information.
We may disclose your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as the Terms of Service; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of the Organics Council ®, its users, or members of the public.
7. How We Protect Your Information
The Organics Council ® uses a variety of physical, managerial, and technical safeguards to preserve the integrity and security of your information, based on the sensitivity of the information. We cannot, however, ensure or warrant the security of any information you transmit to the Organics Council ® or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
8. Your Choices About Your Information
You may, of course, decline to submit information through the Service, in which case the Organics Council ® may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. You may also delete your account if you chose to by contacting us and choosing subject ‘Personal Data Protection’. You may also request the information we hold on you by contacting us and choosing subject ‘Personal Data Protection’, although it is always limited to that you will find in your personal profile.
9. Children’s Privacy
Protecting the privacy of young children is especially important. The Organics Council ® does not knowingly collect or solicit personal information from anyone under the age of 13 (or under the age of 14 for anyone living in Spain or South Korea) or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under the relevant age without parental consent, we take steps to remove that information.
10. Links to Other Web Sites