Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND MOBILE APP AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE OR MOBILE APP, INCLUDING ANY CORRESPONDENCE BETWEEN US AND YOU THAT IS INITIATED VIA THIS WEBSITE OR MOBILE APLICATION, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Introduction

Welcome to the Earth Rangers Foundation’s (“Earth Rangers”, “we”, “us” or “our”) mobile App (“App”) and website, available at EarthRangers.com, (“Website”). This “website” means the whole or any part of the web pages located at and directed to EarthRangers.com and includes the layout of this website; individual elements of this website’s design; underlying code elements of the website; text, sounds, graphics, animated elements and any other content of this website. This “App” means, the whole or any part of the App platform located in the Apple App Store and Google Play Store, and includes the layout of this app; individual elements of the app’s design; underlying code elements of the app; text, sounds, graphics, animated elements and any other content of the app.

By accessing and using the App or Website you confirm your acceptance of these terms and conditions (the “Terms and Conditions”), Earth Rangers’ Privacy Policy (available at: http://www.earthrangers.com/wildwire/privacy-policy/) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of an Earth Rangers App or Website.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE EARTH RANGERS APP OR WEBSITE.

  1. Registration

Various services may be available on the Earth Ranger App and Website (the “Services”), and access to such Services including any related content, material, software, information, data images, photographs, logo, designs, publicity slogans, source code, inventions, knowhow, audio, video, text and other Earth Ranger material protected by copyright, patent and other applicable intellectual property laws appearing on the App and Website (“Content”) may require you to register or subscribe. If you are required to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information in order that it is kept accurate and complete. You further agree that you are responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Earth Rangers App or Website, and (b) all activities that occur, including transactions effected, under such password or account. Further, you agree to notify Earth Rangers of any unauthorized use of your password or account. Without limiting Section 11, Earth Rangers will not be responsible or liable, directly or indirectly, in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

  1. User Conduct

As a user of the Earth Rangers App or Website, and in consideration for the availability and your use of the App or Website, you agree to comply with all applicable laws and these Terms and Conditions when using the App or Website. You represent and warrant that you have reached the age of majority, or that if you are under the age of majority that you have informed a parent or guardian, and they have approved your use of the App or Website. You agree that you will be personally responsible for your use of this Website and App and for all of your communication and activity on and pursuant to this Website or App. You agree that you will use this website responsibly and in compliance with all applicable laws and these Terms. You agree not to:

  • misrepresent your identity or impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
  • post material intended to further commercial purposes;
  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would be harmful or could constitute a criminal offense or give rise to civil liability;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • use the App or Website in any manner that is harmful to minors;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services, App or Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
  • post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the App or Website;
  • intentionally interfere with or damage the operation of the Website or App or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks, hacking as well as posting, transmitting, linking to, or otherwise distributing any information, material (including for greater certainty, software) which becomes a virus, cancelbot, spyware, ransomware, trojan horse, sport, robot, or other harmful or disruptive component; or
  • take any action or do anything which imposes an unreasonable burden on or interferes with the website.

If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to the App and/or Website on a temporary or permanent basis.

  1. Use of Forums/Blog

The Earth Rangers Website provides various discussion and forums (“Forums” or “Blog”) that you may use in accordance with the Terms and Conditions that are provided herein. When posting any message upon the Forums/Blog, you agree not to:

  • post messages that mention real names, or the name of a location or school in reference to an individual, or the contact information of any individual including their email address, phone number and home address, even if posted without explicit reference to the individual;
  • post messages that include profanity, vulgarity or swearing;
  • post messages that are in any way demeaning, bullying or cruel or which attack any individual, whether or not a user of the Earth Rangers Website;
  • post messages that are not in English or French;
  • post messages that comprise links to materials or content that does not pertain to the topic or them of the discussion; and
  • the sponsor/donor denies or disputes having made a decision with Earth Rangers; or
  • post messages that are of a commercial nature. You should be careful when participating in any Forum/Blog. Earth Rangers cannot be responsible for the content or accuracy of any information that are posted by users upon the Forum/Blog.

Please note that all of the Forums/Blog are moderated, and Earth Rangers reserves the right to refuse to post any message to the Forums, and may also, in its sole discretion, edit a message, remove a message, or part of a message that had already been posted, if such message, or part of such message is in is sole discretion undesirable, unacceptable or in violation of these Terms and Conditions.

  1. Refund Policy

Any request for refund of contributions already donated to Earth Rangers by a sponsor/donor will be considered and determined on a case by case basis. When a request for a refund is received, an assessment of the reason given for the refund request is undertaken. The following reasons will usually be considered favourably:

  • an error has been made by Earth Rangers;
  • sponsor/donor decides within the first 7 days of providing contributions that they have changed their mind and the funds have not already been remitted;
  • sponsor/donor banking details are fraudulently obtained and used;
  • sponsor/donor contributions are paid in advance.

The following reasons will not usually be grounds for a refund to be given:

  • the financial circumstances of the sponsor/donor;
  • the sponsor/donor denies or disputes having made a decision with Earth Rangers; or
  • disagreement by the sponsor/donor with the nature of the programs provided by Earth Rangers.

If it is agreed that a refund is to be made the sponsor/donor will be refunded within ten working days of the decision.

  1. Ownership of App or Website Content

The Content contained on the Earth Rangers App and Website are the sole property of Earth Rangers or the property of third parties who granted Earth Rangers permission to use such Content on the App or Website, or both. Except as expressly provided for in these Terms and Conditions you are not permitted to copy, reproduce, alter, or modify the Content found on the App or Website.

Nothing contained on this website should be construed as granting any license or right of use of any other person’s or entity’s trade mark which is displayed on this website without their express permission.

Unless prior written authorization has been given by Earth Rangers, all Content included on this website regarding products and services offered by Earth Rangers in Canada is provided for informational and promotional purposes only.

You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from Earth Rangers. However, you may download, print or reproduce the Content for personal use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain.

You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger Earth Rangers’ intellectual property rights or the intellectual property rights of a third party in respect of this website.

Nothing contained on this website should be construed as granting any license or right of use of any other person’s or entity’s trade mark which is displayed on this website without their express permission.

All unauthorized use of the Content will be considered as a violation of the intellectual property rights of Earth Rangers

  1. Submissions to Earth Rangers App or Website

The Earth Rangers App or Website may provide mechanisms by which materials may be uploaded by users (“User-Generated Content”). For any material that you upload to the App or Website, you automatically grant to Earth Rangers a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User-Generated Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Earth Rangers’ Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with applicable privacy Law relating to ownership and control of your personal information.

Except where prohibited by law, by submitting or uploading User-Generated Content through the Website, App, products and services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User-Generated Content or any photographs, footage, statements or other work contained in the User-Generated Content. You are also agreeing to appoint Earth Rangers as your attorney-in-fact with respect to the User-Generated Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User-Generated Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User-Generated Content, and to have the User-Generated Content removed from any other website or platform.

You are solely responsible for all your User-Generated Content. You represent and warrant that you own all your User-Generated Content or you have all rights that are necessary to grant us the license rights in your User-Generated Content under these Terms and Conditions. You also represent and warrant that neither your User-Generated Content, nor your use and provision of your User-Generated Content to be made available through the Services, nor any use of your User-Generated Content by Earth Rangers on or through the Website, App, products and services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User-Generated Content.

  1. Downloads

The App or Website allows you to download software/web/mobile applications and other forms of Content, including files, images, wallpapers, backgrounds, PDF documents, ringtones, videos, audio files, or data incorporated therein (collectively, the “Downloadable Content”). The Downloadable Content is licensed to you for your personal and non-commercial use only. You agree to maintain all copyright and other proprietary notices in the Downloadable Content and that Earth Rangers retains complete title to the Downloadable Content and all the intellectual property rights therein. All risk associated with the use of, or reliance on, the Downloadable Content rests with you. You further agree that the Earth Rangers Foundation, to the maximum extent permitted by law, makes no warranties regarding the Downloadable Content, and will without limiting Section 11 not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Downloadable Content.

  1. Feedback

We welcome feedback, comments, reviews of Earth Rangers’ Website, App, programs or services you purchase through us, and suggestions for improvements to our Website, App, programs or services (“Feedback”). You can submit Feedback by emailing us at membership@earthrangers.com or by reviewing a particular program or service. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  1. Digital Millennium Copyright Act/Copyright Policy

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.

Earth Rangers respects copyright law and expects its users to do the same. It is Earth Rangers’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

  1. No Commercial Use

This Website and App is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

  1. Disclaimer and Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EARTH RANGERS APP OR WEBSITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND THAT EACH OF EARTH RANGERS, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “EARTH RANGERS GROUP”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, CONDITIONS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATURE OR OTHERWISE IN LAW OR FROM (A) A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, EARTH RANGERS GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE EARTH RANGERS APP OR WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE EARTH RANGERS APP OR WEBSITE WILL BE PROVIDED ON A UNINTERRUPTED TIMELY, SECURE, OR ERROR FREE BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT SEEK TO HOLD EARTH RANGERS GROUP LIABLE:

  • DIRECTLY OR INDIRECTLY IN CONTRACT, TORT, EQUITY OR OTHERWISE FOR ANY DAMAGE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY AND AGGRAVATED DAMAGES AND DAMAGES FOR LOSS OF USE, PROFITS OR REVENUE) OR OTHER REMEDY WHATSOEVER IN CONNECTION WITH THIS WEBSITE; AND
  • TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED WHICH MAY BE DIRECTLY OR INDIRECTLY SUFFERED IN CONNECTION WITH WEBSITES OF OTHER ENTITIES THAT ARE HYPERLINKED FROM THIS WEBSITE.
  1. Indemnity

By accessing and browsing this website, you accept that you will indemnify and hold Earth Rangers and its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that Earth Rangers may suffer or incur as a result of: (a) your access to and use of this Website and/or App; (b) from any other alleged violation of the present Terms; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.

Earth Rangers reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Earth Rangers. Earth Rangers will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Modifications

Earth Rangers reserves the right, in its sole discretion to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part at a time. Except as expressly contemplated herein, changes will be effective when notice of such change is posted on the Earth Rangers App or Website. Please check these Terms and Conditions regularly for updates by checking the “Last Update” section at the top of these Terms and Conditions If any change is not acceptable to you, you must discontinue your use of the Earth Rangers App or Website immediately. Your continued use of the Earth Rangers App or Website after any such changes are posted will constitute acceptance of those changes.

  1. Links to Third Parties

There may be links on the Earth Rangers App or Website which take you to other websites or apps, including advertisers and sponsors which are not under the control of Earth Rangers (“Third Party Websites”). These links are provided only as a convenience and may not remain active or current. Earth Rangers has not reviewed these Third Party Websites and does not control and is not responsible for these Third Party Websites or their content or availability. Earth Rangers does not endorse such Third Party Websites, or any offerings or content found upon such sites. Without limiting Section 11, you are solely responsible for your decision to visit such Third Party Websites, and Earth Rangers is not liable in any way for the accuracy, relevancy or legality of material contained in such sites. Where possible, a bumper page will be displayed to users that they will are leaving the Earth Rangers App or Website and provided to option to return to the Website or continue to the external link.

Some Third Party Websites may offer products or services available through that site or app. You acknowledge and agree that your correspondence or dealings with any third parties, including advertisers on the Earth Rangers App or Website, are solely as between you and such third parties. Earth Rangers assumes no responsibility whatsoever for any costs incurred by you, or products purchases by you through such Third Party Websites. You agree that Earth Rangers will not be responsible for any loss or damage of any kind as a result of, or in connection with, any such dealings or transactions.

No part of this website may be linked to without prior written consent from Earth Rangers.

  1. Website Availability

From time to time and without prior notice to you, Earth Rangers may cease to continue operating part or all of the Website and/or App or selectively disable certain aspects or portions of the Website and/or App. Any modification to or elimination of the Website or App will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the website does not entitle you to the continued provision or availability of the Website and/or App.

  1. Security

Earth Rangers takes reasonable steps to ensure the security of its systems. However, there are inherent risks associated with the use of electronic means of communication. Therefore, Earth Rangers discourages the use of its website to submit sensitive personal or business information. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. Earth Rangers accepts no liability that may arise if any other persons obtain the information you submit to this website.

  1. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Earth Rangers as a result of these Terms, our Privacy Policy or any use of the website.

Earth Rangers’ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our Privacy Policy is in derogation of Earth Rangers’ right to comply with law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Earth Rangers with respect to such use.

  1. Privacy

For information on how user personal information is collected, used and disclosed by Earth Rangers in connection with your use of the Earth Rangers App or Website, please consult our Privacy Policy.

  1. Earth Rangers Termination

Earth Rangers reserves the right to suspend or terminate your access to the App or Website, at any time for convenience, or for any other reason, including without limitation if Earth Rangers has determined in its sole discretion that the use by your, or of third parties using your passwords or accounts of the Earth Rangers App or Website was in breach of these Terms and Conditions. At all times, Earth Rangers shall have the discretion to take such action as Earth Rangers deems necessary, in its sole discretion, to preclude a breach of these Terms and Conditions, and Earth Rangers shall not be liable for any damages of any nature suffered by you or a third party resulting from Earth Rangers’ exercise of its rights under these Terms and Conditions. You may disable access to your account at any time by sending an email to us at membership@earthrangers.com. Upon any termination, discontinuation or cancellation of services or your account or membership, the following sections will survive: Ownership of App or Website Content, Submissions to Earth Rangers App or Website, Feedback,  Downloads, No Commercial Use, Disclaimer and Limitation of Liability, Indemnity, Applicable Laws, and General Terms.

  1. Governing Law

These Terms and Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable within Ontario without regard to conflict of law provisions. The Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms and Conditions.  Each party hereby agrees to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

  1. General Provisions

These Terms and Conditions you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between you and Earth Rangers pertaining to your use of the Earth Rangers App or Website and Content, and supersede any prior agreements between you and Earth Rangers relating to the subject matter hereof. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or other unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions of parts thereof contained herein. Earth Rangers’ failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.

  1. Contact Us

If you have any questions or concerns about these Terms, you can contact us in writing at: info@earthrangers.com