Legal

Terms and Conditions of Use  and   Friends of the Hidden River Privacy Policy  


Terms and Conditions of Use

Last Updated: August 22, 2011

Welcome to the “friendsofhiddenriver.com” website (“Web Site”). This Web Site is owned and operated by Friends of the Hidden River (“FOTHR,” “we” and “us).

BY USING OUR WEB SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE (“TERMS OF USE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

1. Copyright and Ownership
. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by FOTHR, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Web Site may only be used for the intended purpose for which such Web Site is being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of FOTHR or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.

2. Trademarks. All trademarks, service marks and trade names of FOTHR or FOTHR’s licensors used herein (including but not limited to: the FOTHR name, the FOTHR logo, the Web Site name, design and any logos) (collectively “Marks”) are trademarks or registered trademarks of FOTHR or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify FOTHR’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without FOTHR's prior written consent. The use of the FOTHR trademarks on any other web site or network computer environment is not allowed. FOTHR prohibits the use of FOTHR trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.

3. Submission Policy. We are pleased to hear from users and members and welcome your questions, comments and other submissions (“User Submissions”). User Submissions remains the intellectual property of the individual user. By submitting or posting these User Submissions on our Web Site, you expressly grant FOTHR a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and FOTHR shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions of Use, FOTHR reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Web Site.

4. Accuracy of Information.
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site.

5. Linking to this Web Site. Creating or maintaining any link from another web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

6. Third Party Links.
From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by FOTHR or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

7. Inappropriate Material
. You are prohibited from posting, submitting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to the Web Site or through voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting or submitting such materials.

8. User Published Content.
User published Content does not represent the view of FOTHR or any individual associated with FOTHR, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, FOTHR’s endorsement of user published Content. FOTHR does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume an liability for actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using the Web Site, you assume all associated risks.

9. DMCA policy -
not being used at this time will be developed pending registration of this site with the US copyright office.

10. Fees
. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.

11. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

12. Force Majeure. Neither FOTHR nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

13. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FOTHR, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER FOTHR, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOTHR OR THROUGH THE WEB SITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. LIMITATIONS OF LIABILITY. FOTHR does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL FOTHR, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL FOTHR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY FIVE DOLLARS (US $25.00).

15. Indemnity
. You agree to defend, indemnify and hold FOTHR and any affiliated organization, company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Terms of Use; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (iv) your violation of any law, rule or regulation of the United States or any other country.

16. Termination.
You or we may suspend or terminate your use of this Web Site at any time, for any reason or for no reason. We may also block your access to our Web Site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

17. General.
Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by FOTHR in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 10 (Access and Interference), 12 (Disclaimers), 13 (Liability Limit), 14 (Indemnity) and 16 (General), shall survive any termination or expiration of these Terms of Use.

18. Entire Agreement. These Terms of Use and the Privacy Policy are the entire agreement between the user and FOTHR and supersedes any prior understandings or agreements (written or oral).

19. Additional Assistance.
If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us by email at webmaster@friendsofhiddenriever.com.

20. Copyright Notice.
All Site design, graphics, text selections, arrangements, and all software are Copyright pending ___________, LLC. ALL RIGHTS RESERVED.




Friends of the Hidden River Privacy Policy

Last Changes to Privacy Policy: August 3, 2011

We are strongly committed to protecting the privacy of your personal information. The policies below are applicable to the friendsofhiddenriver.com website (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and other interactive features, applications or downloads that are operated by us that are available through this website and post this Privacy Policy (collectively “Website”) produced and maintained by Friends of the Hidden River (collectively “FOTHR” or “we”, “us”, or “our”). We have established this privacy policy (“Privacy Policy”) to let you know the kinds of personal information we may gather during your visit to the Website, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.

Please be advised that the practices described in this Privacy Policy apply only to information gathered online at our Website. It does not apply to information that you may submit to us offline, or to websites maintained by other companies or organizations to which we may link.

By visiting our Website, you are accepting the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website. We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Website and our affiliate sites following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively, we will provide you with notice of the modifications or amendments.

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at [webmaster@friendsofthehiddenriver.com].

What Information About Me Is Collected and Stored?

FOTHR adheres to the highest standards of ethical practices in all of our operations and is dedicated to protecting the privacy of all visitors to our Website. Our privacy policy is simple: Except as disclosed below, we don't sell, barter, give away, or rent your personal information to any company outside of FOTHR.

Personal Information

Unless you provide comments to the website, submit information to FOTHR, sign up to volunteer or join FOTHR, or make a donation to FOTHR, we do not collect any personally identifiable information from you (“Personal Information”). If you submit comments or information; register to receive updates, join or volunteer; make a donation; or send us e-mail, we collect Personal Information about you such as your name and email address and may collect telephone numbers, billing information, and demographic information such as age, gender and zip code. We also collect and store Personal Information that you enter into this Website. We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database.

Anonymous Information

In addition, when you interact with the Website, our servers may keep an activity log that does not identify you individually (“Anonymous Information”). Generally, this information is collected through “traffic data.” We collect and store certain administrative and traffic information with each use of the service or Website including: source IP address, time of access, date of access, web page(s), software crash reports, type of browser used, session identification number, search terms, search results, access times and referring websites addresses.
Use of Cookies and Spyware

We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer.

Like many Websites, we may use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We may use cookies to track use of our Website and online services. We may also use cookies to monitor traffic, improve the Website and make it easier and/or relevant for your use. You may occasionally get cookies from companies advertising on our behalf. We do not control these cookies, and these cookies are not subject to this cookie policy.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

Is Information Collected From Children?


This is not a Website directed to children under the age of 13, and FOTHR does not knowingly collect personal identifiable information from children under 13 years of age. If you are under 13 years of age you should not use this Website, and under no circumstance should you provide personally identifiable information to FOTHR. If FOTHR discovers that a child under the age of 13 has provided FOTHR with personally identifiable information, FOTHR will immediately delete that child’s information from the Website.

How We Use Your Information?


We use the information we learn from you to help us improve the Website. We use the information to process payments, communicate with you about events and donations, update our records and generally maintain your relationship with us. We also use this information to enable third parties to carry out technical, logistical or other functions on our behalf. Except as disclosed in this Privacy Policy, we do not use or disclose information about your individual visits to our Website or your Personal Information collected online to any parties not affiliated with us.

Use of Anonymous Information

We use Anonymous Information to help us determine how people use parts of the Website and who our users are so we can improve our Website and ensure that it is as appealing as we can make it for as many people as possible. We may also use or share Anonymous Information (or other information) in any other manner that we deem appropriate or necessary.

Third-Party Agents

We occasionally have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as website developing, marketing, analytics, credit card processing, etc. [These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Website.]

Transactional partners

We may share non-personal information with our partners and others from time to time. Examples of such non-personal information include the number of users who visited this Website during a specific time period. This information generally is shared in an aggregated form.

Emergency Situations

We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public.

What Steps Are Taken To Keep Personal Information Secure?


The importance of security for all Personal Information associated with you is of utmost concern to us.  We exercise great care in providing secure transmission of your information from your PC to our servers. Personal Information collected by our Website is stored in secure operating environments that are not available to the public.  While we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

What Happens When I Link To or From Another Web Site?


This Website may contain links to other websites operated by third parties. Please be advised that the practices described in this Privacy Policy for FOTHR do not apply to information gathered through these other websites. These other sites may send their own cookies to you, collect your data or solicit your Personal Information. Always be aware of where you end up. We are not responsible for the actions and privacy policies of third parties and other websites. We encourage you to be aware of when you leave this Website and read the privacy policies of each and every website that you visit.

Governing Law / Assignment


The Website is published in the United States. We make every effort to protect the personal identifiable information of all users of the Website. We attempt to comply with local data protection and consumer rights laws to the extent they may apply to FOTHR. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to FOTHR.

We may change our organizational structure while providing the Website and services. As a result, please be aware that we may transfer your information to another organization that is affiliated with us or with which we have merged. Under such circumstances FOTHR would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.

Notice to European Users


If you are located within the European Union, you should be aware that your personal identifiable information will be transferred to the United States of America, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States of America.

Changes to This Policy


As our Website continues to develop, we may add new services and features to our Website. In the event that these additions affect our Privacy Policy, this document will be updated appropriately. We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. We do, however, recommend that you read this Privacy Policy each time you use our website in case you missed our notice of changes to the Privacy Policy. We will never, however, materially change our policies and practices to make them less protective of information we have previously collected without your express consent.

How Do I Opt-Out?


You may always opt-out of receiving future e-mail messages and newsletters from FOTHR. Please either send a return message titled “Unsubscribe” to FOTHR or if a newsletter use the “Contact Us” button on the main page and submit an “Unsubscribe” message via this system.