User Agreement and Privacy Policy

USER AGREEMENT

Coastal Maine Botanical Gardens’ (“CMBG,” “we” or “us”) Lunder New Naturalists Program is a pilot program for middle school students in science and social studies with a goal of expanding students’ learning through collaborative activities involving nature and technology that meet curricular goals.  The Lunder New Naturalists Program is designed as a closed, password-protected website currently accessible at http://lnn.mainegardens.org (the “LNN Website” or “LNN Site”) wherein students are registered via their teachers, with access to other students and teachers in other participating schools as a learning community.  

Given that the LNN Site is a password-protected learning community for middle school students we have standards for participation which we require registered users to follow.   From time to time CMBG may supplement this User Agreement with additional terms pertaining to specific tools, services or content (“Additional Terms”).  You understand and agree that such Additional Terms are hereby incorporated by reference into this User Agreement. BY ACCESSING OR USING THE LNN WEBSITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS USER AGREEMENT AND CMBG’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, JUST AS IF YOU HAD SIGNED A WRITTEN AGREEMENT WITH CMBG.  If you do not agree to be bound by this User Agreement, please discontinue your use of the LNN Site immediately.  Although portions of the LNN Website may be viewed simply by visiting the relevant pages to access LNN Site content, in order to participate in the Lunder New Naturalists Program, you must be a teacher who has been invited by the program coordinator to register a classroom as a part of the pilot year 2013-14.  A teacher registering a class as participants will have access to certain services that are not available to guests. Unauthorized access to the LNN Site is strictly prohibited. In addition, distributing, reproducing, copying, retransmitting, publishing, selling, and/or exploiting LNN Site-specific content in any manner inconsistent with the LNN Site’s underlying purpose and/or this User Agreement is prohibited.

1.         Registration Information / Privacy Policy.

a.         Registration and Privacy.  Teachers selected to have their classes participate in the Lunder New Naturalists Program will register students under usernames for the LNN Site.  No personally identifiable information is used to register a class or any particular student(s). Students will log-in using their usernames and passwords. In consideration of your use of the LNN Site, you agree to (a) maintain the security of your password and username; (b) be fully responsible for all use of your individual or team account and for any actions that take place using your individual or team account. Any information provided by you or gathered by CMBG or third parties during any visit to the LNN Site shall be subject to the terms of our Privacy Policy. CMBG reserves the right, at any time in its sole discretion, to terminate your registration and access to the LNN Site or to any specific LNN Site content.

b.         Parental Control Protections.  Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).

 

2.         Community Participation and Community Rules.

a.         Your Content.  You alone or you and your team members are responsible for the content of any materials you transmit to others, and any consequences of such materials, including but not limited to the content of any comments you post or any materials or project you contribute to the LNN Site. Please carefully consider the information you choose to post on the LNN Site. You should not include your or any team member’s telephone number, street address, last name, email address, social network account information or any other personally identifiable information on any area of the LNN Site, nor provide such personally identifiable information to people you do not know. Neither should you post any images that include the recognizable face of yourself or someone else. CMBG assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information you may be provided by other users of the LNN Site. CMBG further assumes no responsibility for the deletion of or failure to store any materials posted on the LNN Site. You further agree that you will not post any material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g., “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol. CMBG reserves the right to delete any such material from the LNN Site at any time in its sole discretion. CMBG will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms and conditions contained in this Section.

b.         Impersonating Others or Misrepresenting yourself.  You agree not to impersonate any other person, username, team, or entity, whether actual or fictitious, including impersonating an employee or consultant of the Lunder New Naturalists Program or CMBG. You further agree not to use an inappropriate username of any kind. You agree not to post or use the LNN Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content with the intention to commit any illegal activity is strictly prohibited.

You may never use another’s account without permission. If you become aware of any misuse of the LNN Site by any person, please contact the Lunder New Naturalists administrator by flagging the inappropriate use and/or clicking the “Contact us” link located throughout the LNN Site and describing the misuse to us.

c.         Sharing Tools and Services.  The LNN Site allows members to share materials with other Lunder New Naturalists community members through Phase worksites, the Student Lounge, the Challenges and Solutions page, and other tools and services that may be included from time to time. Your use of these tools and services is subject to this User Agreement and any Additional Terms applicable to particular tools or services. You are solely responsible for your interactions with other users, or, if participating as the member of a team, collectively responsible for your interactions with other users.

CMBG is not obligated to review content posted by users prior to the content’s posting to any area of the LNN Website, including the Student Lounge, Phase worksites, or Challenges and Solutions page. Content posted by any user to the LNN Site does not reflect the opinions or views of CMBG, its subsidiaries or affiliates. It is your responsibility to evaluate any information, opinion, advice or other content available through the LNN Site.  CMBG makes no warranty, whether express or implied, as to the accuracy, nature, or suitability of any content or material posted by you or any other user to the LNN Site or that you or any other user shares with the Lunder New Naturalists community.  Under no circumstances shall CMBG, its affiliates, or their respective directors, officers or employees be held liable for any loss or damage caused by your reliance on, or use of, any information or content obtained through the LNN Site.

By submitting content of any kind to the LNN Site, which shall include your username, you grant CMBG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display your content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all intellectual property rights in content you submit, the holder of any such rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the LNN Site retains any and all intellectual property rights that may exist in such content.

You agree that CMBG is free to use any comments, information, ideas, concepts, reviews, techniques or any other information or materials contained in any content you submit to the LNN Site or other communication you may send to CMBG without compensation to you or attribution and for any purpose whatsoever, including but not limited to modifying or improving the LNN Site or creating other websites.

3. Licensing of Content Submitted to Teacher and Student Resources

Because we want users to use, remix, and share the Resources on the Lunder New Naturalists site, we offer three types of licenses for authors.  

  1. The most open license option is the Creative Commons Attribution 3.0 license (CC-BY). Applying a Creative Commons Attribution (CC-BY) license in place of copyright explicitly allows the using, remixing, and sharing of the shared Resources - all the things teachers and students may need to do to make these Resources most effective in classrooms. You can read all about this license here: http://creativecommons.org/licenses/by/3.0/us/.
  2. The second most open license option is the Creative Commons Attribution 3.0 license Non-Commercial (CC-BY-NC) http://creativecommons.org/licenses/by-nc/4.0/. Choose this license to restrict the use, remix, and sharing of your work to non-commercial only. 
  3. The last option is All Rights Reserved. This restricts your work completely except in Fair Use cases.

Because the CC-BY and CC-BY-NC licenses are legal alternatives to Copyright, you must be the Copyright owner of resources that you post to the Site. By uploading your Lunder New Naturalists Resources or Projects you certify that you are the Copyright holder of the work.  If you agree to share your work under the CC-BY or CC-BY-NA licenses, that allows any party to use your materials in any way, providing that they give you attribution (you will be asked to specify how you would like to be cited when you upload your work).

For further information regarding copyright law please visit the website of the United States Copyright Office at http://copyright.gov/.

4.         Licensing of Content Submitted in Virtual Plant Collection Entries.

Virtual Plant Collection entries contain a mixture of factual measurements and creative works. The creative components that may be copyrightable include:

  • Images
  • Field Notes

The copyright of these components is assigned to the individual or team username that uploaded them. By uploading these creative components, the user agrees to share them under the terms of the Creative Commons Attribution 3.0 Unported License. All other components of the Virtual Plant Collection entries are factual components that are not copyrightable. No copyright is assigned to the contributing user, nor is any copyright ownership claimed by the LNN Site or CMBG.

5.         Community Behavior.

The Lunder New Naturalists Community relies on its members to work together in a cooperative learning environment. The Community also relies on its members to maintain an enjoyable, professional atmosphere for all. Please use the available tool (the Contact Us function) to report when members are not adhering to this User Agreement. CMBG and Lunder New Naturalists staff will be active members of the community, but they will not moderate or monitor the site on a 24-hour basis. CMBG and Lunder New Naturalists staff will use reasonable efforts respond as quickly as practicable to alerts from the community that violations of this User Agreement have occurred.

6.         Consequence of Violation of User Agreement.

a.         Breaches of User Agreement.  If CMBG has reason to believe that you or your team has breached the User Agreement, CMBG may take actions to protect the LNN Site and/or other LNN Site users. The actions that CMBG may take include but are not limited to the following:

  • Freezing of the violator’s username for a period of time, after which the username may be reinstated; the e-mail address associated with the username will be notified (e.g., the teacher associated with the username; in addition, CMBG may contact the teacher by phone); or
  • Permanently closing access to accounts, usernames, and/or the LNN Site and may refuse to allow you further registered access to the LNN Site.

b.         Remedies for Breach of this User Agreement by You.  In the event that CMBG determines, in its sole discretion, that you have breached any portion of this User Agreement, or have otherwise demonstrated conduct inappropriate for the Lunder New Naturalists Program or the LNN Website, CMBG reserves the right to: (i) delete any or all content provided by or on behalf of you to the LNN Site; (ii) discontinue your registration(s) with the LNN Site; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) take any other action which CMBG deems to be appropriate, including but not limited to the filing of legal action(s) against you for monetary damages and/or equitable relief. If your registration(s) with or ability to access the LNN Site, or any other service or content provided to you by the LNN Site is discontinued by CMBG due to your violation of any portion of this User Agreement or for conduct otherwise inappropriate for the Lunder New Naturalists Community, then you agree that you shall not attempt to re-register with or access the LNN Site and/or any other course content or service provided by CMBG, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, CMBG reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), and (iv) of this provision without any notice or warning to you.  Notwithstanding anything to the contrary, all remedies in this User Agreement are cumulative and in addition to (not in lieu of) any other remedies available to CMBG at law or in equity.

7.         Misuse of LNN Site.

You agree that you will not use the LNN Site for illegal and/or unauthorized purposes and that in your use of the LNN Site, you will comply with all applicable laws and regulations. Unauthorized framing of or linking to the LNN Site is prohibited. Any such use shall be deemed to be a violation of this User Agreement.

8.         Disputes Between Users.

You are solely responsible for any interaction with other members or visitors of the LNN Site. CMBG reserves the right but shall have no obligation to monitor disputes between you and any other member or guest of the Lunder New Naturalists Community.

9.         Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the LNN Site infringe your copyright, you (or your agent) may send the Lunder New Naturalists copyright agent by clicking the “Contact us” link located throughout the LNN Website a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the LNN Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Lunder New Naturalists copyright agent to locate the material on the LNN Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CMBG a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. CMBG suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

10.         Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE LNN SITE AND ALL OF ITS CONTENT IS AT YOUR SOLE RISK. THE LNN SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMBG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  CMBG MAKES NO WARRANTY THAT THE LNN SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CMBG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LUNDER NEW NATURALISTS DATA OR LNN SITE OR THAT ANY MATERIAL ACCESSED VIA THE LNN SITE SHALL BE SUITABLE FOR ANY PARTICULAR PURPOSE.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LNN SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT CMBG DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE LNN SITE OR DATA. CMBG IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION AND DATA ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER CMBG, THE LNN SITE NOR THE MEMBERS OF THE LUNDER NEW NATURALISTS COMMUNITY, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE LUNDER NEW NATURALISTS PROGRAM, ARE ENGAGED IN RENDERING LEGAL, SCIENTIFIC, ENVIRONMENTAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CMBG ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
CMBG SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION, DATA OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE LNN SITE. YOUR PARTICIPATION IN THE LUNDER NEW NATURALISTS PROGRAM AND THE LNN WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMBG OR THROUGH THE LNN SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  CMBG MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, OR CONTENT ACCESSED THROUGH THE LNN SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LNN SITE. CMBG IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE LNN SITE. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY WEBSITES TO WHICH CMBG MAY PROVIDE LINKS AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST CMBG WITH RESPECT TO SUCH WEBSITES.

11.       Limitation of Liability.

IN NO EVENT SHALL CMBG, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “CMBG PARTIES”) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES ARISING FROM: (I) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE LNN SITE; (II) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR USERNAME OR TRANSMISSIONS; (III) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (IV) ERRORS OR INACCURACIES CONTAINED ON THE LNN SITE OR ANY INFORMATION, MATERIALS, DATA, SOFTWARE, SERVICES OR OTHER ITEMS OBTAINED THROUGH THE LNN SITE; (V) ANY TRANSACTIONS ENTERED INTO ON ACCOUNT OF THE LNN SITE; (VI) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE LNN SITE OR ANY WEB SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE LNN SITE, ANY DELAY OR INABILITY TO USE THE LNN SITE, OR ANY INFORMATION, MATERIALS OR SERVICES OBTAINED THROUGH THE LNN SITE.  THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CMBG PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE CMBG PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 10, ANY CMBG PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR ACCESS TO OR USE OF THE LNN WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED TWENTY-FIVE DOLLARS ($25.00).

12.       Indemnification.

You agree to defend, indemnify and hold the CMBG Parties harmless, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses, including reasonable attorneys’ fees and disbursements, arising out of or relating to: (i) your use of the LNN Site and/or any information, data, content or services available through the LNN Site; (ii) your violation of this User Agreement; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; and/or (iv) any claim than any content you submit to or post on the LNN Site caused damage to a third party.

13.       Applicable Law.

This User Agreement shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of laws provisions. By registering for or accessing the LNN Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Portland, Maine for the resolution of all claims or disputes arising out of or in connection with this User Agreement or your use of the LNN Site.

14.       Miscellaneous.

In the event that any provision of this User Agreement conflicts with the law under which this User Agreement is to be construed or if such provision is held invalid by a court of competent jurisdiction, such provision will be deemed to be amended to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this User Agreement will remain in full force and effect.  If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of this User Agreement or to exercise any right hereunder will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. CMBG may assign its rights and obligations under this User Agreement and upon such assignment CMBG will be relieved of any further obligation hereunder. You represent to CMBG that you have the authority to register with or visit the LNN Site according to this User Agreement.

Except with respect to content submitted by users (for which CMBG shall have the license rights set forth in Section 2 above), all content on the LNN Site is owned by CMBG or its third-party licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws.  All rights in and to such content is reserved.  Reproduction of any such content, in whole or in part, without permission is prohibited.

This User Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings.  Any provision of this User Agreement which by its nature would survive the termination of this User Agreement or your access to or use of the LNN Site, shall do so (including but not limited to Sections 2(c), 5, 9, 10, 11, 12 and 13).  The section headings used herein are for convenience only and shall not be given any legal import.

15.       Modification.

CMBG reserves the right, in its sole discretion, to immediately, without notice, modify or amend this User Agreement. Any modified or amended User Agreement shall be effective upon the posting thereof to the LNN Website, and you are responsible for complying with the modifed or amended User Agreement upon logging into the LNN Website after the posting of the modified or amended terms.

CMBG may modify or discontinue the LNN Website, or any portion thereof, at any time with or without notice to you and without liability to you or any third party.

PRIVACY POLICY

The Lunder New Naturalists website is located at http://lnn.mainegardens.org (the “LNN Site”) and is owned and operated by Coastal Maine Botanical Gardens, a 501(c)(3) non-profit organization located in Boothbay, Maine (“CMBG,” “we” or “us”).  In order to operate the LNN Site, we collect certain information.  This Privacy Policy describes the types of information we collect, what we do with it, and with whom we share it.  It is your responsibility to review this Privacy Policy carefully, especially before providing any personal data through the LNN Site.  This Privacy Policy is incorporated into CMBG’s User Agreement.  The LNN Site is operated in and controlled from the United States of America.  If you have any questions about this Privacy Policy, please contact us at lnn@mainegardens.org

  1. A.     Personal Data, Registration, and the Treatment of Personal Data.
  1. Disclosure of Personal Data.  Personally identifiable information (“Personal Data”) is any information that can be used to identify a specific individual.  To register with the LNN Site, we do not require students’ full names, e-mail addresses, street addresses, telephone numbers, or other Personal Data of students.
  2. Registration.  Students are unable to self-register with the LNN Site.  Teachers will register students using a teacher e-mail address. When a teacher registers with the LNN Site, he or she will be required to provide the following information:  name, school, phone number, and e-mail address. Student users under the age of 13 who are registered by their teacher are required to obtain permission to participate from a send-home form that the teacher collects and maintains in his or her classroom.  We will not sell to or share with any third party the teacher e-mail address or any information the teacher provides on behalf of the students.  We will contact teachers using the email address they provide for the following reasons: an e-mail of welcome and acknowledgement of successful registration, resetting of passwords, communicating problems with published data, and to respond to violations of the LNN Site User Agreement.
  3. Classes.  Teachers who are selected for the pilot program will organize groups of students in order to participate in the LNN Site.  As a part of their digital citizenship learning, teachers will model for students how to create safe and appropriate usernames and passwords.  Teachers are responsible for following their school policies regarding student participation in web-based programs.  A Lunder New Naturalist Parent Permission Form details and provides a link to this Privacy Policy and User Agreement and must be signed before a student can contribute their first Herbarium Entry or Timeline Entry or be assigned to a workspace on the LNN Site. While teachers may record which students are in which classes, they are prompted not to use student’s full names. 
  4. Our Use of Your Data. We will use teachers’ Personal Data only for the purpose for which it was provided.
  5. Contributions to the LNN Site.  Please remember that information that you post to the LNN Site, although it is a private website, becomes available to other registered users of the LNN Site and becomes associated with your username.  It is not screened prior to publication.  Use caution when posting comments, participating in the Student Lounge, contributing Herbarium or Timeline entries, or any other type of publishing done on the LNN Site.  Students should not post or provide any Personal Data to the LNN Site, including but not limited to in connection with comments, projects, collaborative work spaces, or products.  Please see the User Agreement for the standards of behavior that must be followed when using these portions of the LNN Site.
  6. Sharing of Personal Data.  Personal Data collected by the LNN Site will not be shared with CMBG’s affiliates.  If CMBG hires a third-party to perform a certain business-related function, that third party will only be provided with the particular Personal Data it needs in order to perform its function, and will be required to protect the Personal Data from unauthorized disclosure or use. In addition, CMBG may disclose Personal Data without providing you with a choice under the following limited circumstances: (1) to protect the legal rights, privacy, or safety of CMBG, or its subsidiaries, affiliates, or its own employees, agents, or contractors; (2) to protect the safety and security of visitors to our websites or other properties; (3) to protect against fraud or other illegal activity or for risk management purposes; (4) to respond to inquiries or requests from public authorities; (5) to permit us to pursue available remedies or limit the damage CMBG may sustain; (6) to enforce the LNN Site User Agreement; (7) to comply with the law or legal process; or (8) CMBG may acquire, merge with or be acquired by another entity or it might sell some or all of its assets, and, in such a case, CMBG may disclose Personal Data to another entity.
  7. Links to Other Sites.  Please note that the LNN Site contains hyperlinks to other websites that will not follow the same User Agreement or Privacy Policy as the LNN Site. These websites may send their own cookies to you and may collect data and make use of this data in ways that the LNN Site does not.  Once you've left the LNN Site, neither the LNN Site User Agreement nor this Privacy Policy will apply to your use of such other websites or to such websites’ collection of your Personal Data or any other data collected from or provided by you. You should check the applicable terms of use and privacy policy to determine the terms and conditions applicable to each third-party website you visit and how each such website will handle such data.
  8. Data Security Disclaimer.  CMBG uses reasonable efforts to secure the Personal Data that you provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of CMBG to intercept or access transmissions or private communications unlawfully. While CMBG strives to protect your Personal Data, it cannot ensure or warrant the security of any Personal Data you transmit to CMBG. Any such transmission is done at your own risk. If you believe that your interaction with CMBG is no longer secure, please notify CMBG of the problem by contacting us at lnn@mainegardens.org.
  9. Children and Privacy.  CMBG encourages parents and guardians to spend time with their children online and to be fully familiar with the websites visited by their children. Children under the age of 13 years of age are required to obtain their parent’s permission, and to agree with their parent or guardian to the LNN Site User Agreement and this Privacy Policy before becoming registered members of the LNN Site.
  10. Exclusions.  This Privacy Policy shall not apply to any unsolicited information you provide to CMBG on or through the LNN Site. All such unsolicited information shall be deemed to be non-confidential, and CMBG shall be free to reproduce, use, disclose and distribute such unsolicited information to others without compensation, limitation or attribution.
  11. User Profiles.  All users will have a user profile within the LNN Site.  By default, this user profile only displays the user name and the image selected to represent the user.  Users cannot add any other data to the profile view. No Personal Data is included in the user profile.
  12. Data Collected for Program Evaluation and Development.

(i) Anonymous Data.  Anonymous data are information collected automatically through the operation of the LNN Site. CMBG may collect site usage data (such as which LNN Site pages you visit and in what sequence) through the use of various technologies. For example, CMBG collects IP addresses from individuals who visit the LNN Site. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Web. Web servers, the computers that “serve up” Web pages, automatically identify your computer by its IP address, and when you request a page from a website, its servers log your IP address. We do not, however, link IP addresses to any Personal Data, so although your session will be logged, you will remain anonymous to us and to the LNN Site.

(ii) Use of Cookies and Similar Technologies.  Like many sites, the LNN Site uses “cookies” or other similar technologies to collect anonymous data. A cookie is a small data file that writes to your hard drive for record keeping purposes when you visit the LNN Site. Cookies allow the LNN Site to improve your user experience, for example by remembering your passwords and viewing preferences, saving your partially completed Herbarium Specimen Sheets, and allowing you to visit “registered user only” portions of the LNN Site without re-registering, and tracking the progress and number of entries in activities that require registration or entry. Cookies also allow the LNN Site to measure traffic activity on the LNN Site. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, but it is possible that some parts of the LNN Site will not function properly if you do so. Cookies and similar tools may be used to relate your use of the LNN Site and anonymous data to Personal Data obtained from you. If any anonymous data are linked with Personal Data, the linked anonymous data will then be treated as Personal Data. CMBG may also use Personal Data in aggregate form for purposes of evaluation, research, or analysis. In order to better understand and serve the users of the LNN Site, CMBG may conduct research on users’ behavior based on Personal Data gathered. Although this aggregated data may be based in part on Personal Data, it does not identify you personally.  CMBG may share this type of anonymous data with a variety of third parties, including its affiliates, parents, and subsidiaries. CMBG may use anonymous data collected from the LNN Site for site administration, advertising and promotional purposes, and CMBG may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide anonymous data to foundations and donors about the volume of use on the LNN Site.

  1. B.     Other Terms, Conditions, and Details

1.  Applicable Law.  This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of laws provisions. By registering for or entering the LNN Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Portland, Maine for the resolution of all claims or disputes arising out of or in connection with this Privacy Policy or your use of the LNN Site. Please note that we do not represent or warrant that the LNN Site is appropriate for use in any particular jurisdiction. Those who choose to access the LNN Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.

2.  Changes to this Privacy Policy.  From time to time, CMBG may revise this Privacy Policy. If CMBG makes revisions to the way it collects or uses Personal Data, CMBG may advise users of this update by (1) requiring that they accept the new Privacy Policy the next time that they log in, (2) announcing the change on the home page of the LNN Site or (3) taking such other action as it deems appropriate under the circumstances, including without limitation, posting the revised draft of this Privacy Policy on the LNN Site. CMBG reserves the right (at CMBG’s discretion) to provide you notice of such changes to any e-mail address you have provided to the LNN Site. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the LNN Site. By continuing to use the LNN Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using the LNN Site.

3. Contacting Coastal Maine Botanical Gardens Regarding Your Privacy.  If you have any questions about this Privacy Policy, Personal Data gathered by the LNN Site or about the operation of the LNN Site, or if you wish to unsubscribe from the LNN Site, please contact us at lnn@mainegardens.org. Please contact the Lunder New Naturalists program staff with any questions about this Privacy Policy. You can reach us at lnn@maineagrdens.org, or at:

                        The Lunder New Naturalists

Coastal Maine Botanical Gardens

PO Box 234

Boothbay, ME 04537

Telephone: (207) 633-4333

Fax: (207) 633-2366