Permissions and Trademark Use Guidelines
Thank you for considering the use of the Nature Rocks brand. Nature Rocks trademarks are owned by ecoAmerica which is headquartered in Washington, DC.
Use of the intellectual property is provided to you ("Licensee") by ecoAmerica ("Licensor") under the following terms.
This Agreement applies to all Licensees of Nature Rocks™ who are unincorporated groups or not-for-profit organizations with annual revenues under $2,000,000. Current version of this Agreement is that publicly available on the Children & Nature Network website www.childrenandnature.org ("the Site").
Title
The intellectual property and all rights, title and interest therein, including, but not limited to, any copyright, trademark, domain name or other intellectual property rights ("Nature Rocks IP") associated with the Nature Rocks brand and the website corresponding with the domain name http://www.naturerocks.org either now or in the future, shall be owned exclusively by Licensor subject to the limited license described herein. Licensor reserves any right, title and interest not expressly granted to Licensee. Licensee shall have no claim of right, title or interest in any of the Licensed Materials or any other intellectual property rights owned by Licensor. This will include any newly created IP and materials that are directly associated with Nature Rocks and not created by approved Partners for use in their individual outreach programs.
Filing
ecoAmerica is solely permitted to file or authorize the filing of any application to register any Nature Rocks IP or any variations or derivatives thereof.
Only 501(c)3 non-profit organizations or unincorporated groups of under $2,000,000 in annual revenues are eligible to license the Licensed Material under this agreement. Execution of this agreement by ineligible organizations will result in this agreement becoming void.
Restrictions on Use
You may use Licensed Materials in limited types of advertising and documentation such as educational brochures, promotional materials, signage and on websites, provided you adhere to the following guidelines:
Your use may ONLY be applied to outdoor nature activities which meet all applicable laws.
Your use may NOT be disparaging, defamatory, or libelous to Licensor, any of its products or services, or any other person or entity.
Your use may NOT expressly state or imply Licensor sponsorship, affiliation, or endorsement of your product, service or organization.
You may NOT alter the Licensed Materials in any way except to resize the Licensed Materials.
Your use may NOT be in connection with obscene or pornographic subject matter.
When referencing any Licensor trademarks, please mark the trademark with a ™ symbol (if the trademark is unregistered) or an ® symbol (if the trademark is registered). Please place the symbol immediately adjacent and to the right of the trademark.
Unless specifically approved, you may NOT create derivative works from, or variations or enhancements of, the Licensed Materials. Should you inadvertently create a derivative work, you agree that all rights, title and interest in the derivative work transfers immediately to Licensor.
You may NOT sublicense the use of the Licensed Materials.
If your use meets the above criteria, no written permission is required for the use of the Licensed Materials. All uses other than those provided for herein under this license require written permission from Licensor, including, but not limited to, use of Licensed Materials in or on a television program, movie, or commercial. To request written permission from Licensor, please contact the Children & Nature Network at .(JavaScript must be enabled to view this email address)
Licensor assumes no liability for your copyright or trademark infringement.
Licensee representations and warranties
Licensee represents and warrants that Licensee has the right to enter into this Agreement with Licensor, and that there are no outstanding agreements, grants, licenses, or encumbrances, either written or implied, inconsistent therewith or which this Agreement or performance hereunder would violate, breach or cause to default.
Licensee represents and warrants that Licensee agrees not to, at any time, challenge the validity or enforceability of Licensor's right, title and interest in the Licensed Materials.
Licensee represents and warrants that Licensee acknowledges that no warranty of validity or enforceability of the Licensed Materials is provided in this Agreement or otherwise.
No Warranties
Licensee agrees that Licensor has made no express warranties, oral or written, to Licensee regarding the Licensed Materials and that the Licensed Materials are provided on an "as is" basis without warranty of any kind.
Licensor disclaims any and all other warranties, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of non-infringement of licensee's or third-party rights.
Assumption of Risk
LICENSEE ASSUMES THE ENTIRE RISK OF USING LICENSED MATERIALS.
LICENSOR ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION BY THIRD-PARTIES OR THE PUBLIC IN ACTIVITIES TO WHICH LICENSEE ASSOCIATES THE LICENSED MATERIALS. ANY RESPONSIBILITIES, IF ANY, ARE ASSUMED BY THE LICENSEE.
Indemnification and Attorney's Fees
Licensee agrees to indemnify and hold Licensor and its affiliates, officers, directors, employees, agents and representatives harmless from and against all damages, costs, expenses, and liabilities arising as a result of breach of this Agreement by Licensee.
Unauthorized Use
Licensee will inform Licensor in writing as soon as possible upon learning of any potential infringement or unlicensed use of any intellectual property rights in the Licensed Materials by Licensee or by any third party. Licensor shall have no liability or obligation to Licensee regarding any infringement or claim that results in whole or in part from Licensee's breach of any obligation of this Agreement.
Term and Termination
This Agreement shall commence when Licensee accepts the terms and conditions of this Agreement and end when the Agreement is terminated by Licensee or Licensor. The Agreement shall be terminated automatically if Licensee fails to comply with any provision of this Agreement. Licensee may terminate the Agreement at any time by ceasing use of the Licensed Materials.
ecoAmerica reserves the right to update or change this Agreement at any time by posting the most current version of the Agreement on the Site. Your continued use of the Licensed Materials after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the Agreement, you must discontinue using the Licensed Materials.
Governing Law
These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the Washington DC, without regard to any choice of law provisions. Licensee and Licensor acknowledge and accept that, with the exception of injunctive relief sought by ecoAmerica for any violation of ecoAmerica's proprietary or other rights, any and all disputes relating to this Agreement shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Washington DC, USA.
This Agreement shall constitute the complete Agreement between the parties concerning this subject matter and shall replace all former or present written and oral agreements concerning the subject matter. Any waiver of a provision of this Agreement shall apply only if made in writing and signed by Licensor.
Severability of Provisions
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.