Rights and Terms of Use

The Environment & Society Portal (hereafter referred to as “the Portal”) is a nonprofit project and a website (environmentandsociety.org) of the Rachel Carson Center for Environment and Society. The Portal is committed to providing free and open access to environmental humanities materials for the purposes of teaching, learning, and research.

These Terms of Use set out the terms and conditions of use of the Portal and the information and content made available on its domain (to include other dissemination methods such as RSS feeds and APIs the Portal may provide).

In accordance with German law, the Portal makes every effort to accurately identify copyright holders and to obtain their permission to present their content on the Portal in digital form. We also provide rights information for each item. If no rights statement is visible, please refrain from reusing it and let us know via the feedback button. If you have additional relevant rights information, or if you are the copyright owner and believe the Portal has not properly attributed your work or has used it without your authorization, please contact us using the feedback button.

Your privacy: Use of Google Analytics and AnonymizeIP
The Portal’s mission includes reaching an international audience, attracting users to our features, and making those features technologically accessible and easy to use. To measure our success in these areas, we will be using Google Analytics to collect non-personal data such as numbers of hits, page clicks, rough regional locations of users, browser technologies, and Internet connection speeds. Google Analytics works via “cookies,” text files placed on your computer, which generate information about website use and transmit it to Google, where it is stored on servers in the United States. Google may use this information for the purpose of evaluating your use of the Portal, compiling reports on website activity for website operators, and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

To further protect your privacy, the Portal will use the AnonymizeIP function, which removes the last eight digits from the IP address prior to storing user information, thus anonymizing it and making it impossible to connect collected data with individual users. If you object to the collection of such anonymous data, you may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do so you may not be able to use the full functionality of the Portal. By using the Portal, you consent to the anonymous collection of data as described above.

Permission to reuse content
Unless otherwise indicated in relation to specific elements of the Portal, you are free to print or download materials from the Portal for your exclusive personal use.

The Portal only uses materials in accordance with their licenses or with the express permission of the rights holder. Having permission, however, is not the same as holding copyright. In most cases, the Portal does not hold the copyright to materials and, hence, cannot grant permission to use or reuse them.

For new “born digital” Portal texts (such as Arcadia articles, place or event summaries, and exhibition texts), when not specified otherwise, a CC BY-NC-SA license applies. You are thus authorised to reuse them under the following conditions:

• Attribution: You must give attribution to the Environment & Society Portal and the institution(s) whose name appears in connection with the particular content item and keep all attribution information intact (but not in any way that suggests that those attributed endorse you or your use of the Portal or its content).
• Non Commercial:You may not share or transform any part of the Portal or its content for commercial purposes.
• Share Alike: Any sharing of or transformation of the Portal or its content must be distributed under the same or compatible licensing conditions applicable to that facet.
Please always check the specific license for the the individual item (text, image or multimedia) you wish to use.

If you wish to use materials in the Environment & Society Portal for any purposes other than those permitted by the item's license, you must request and receive prior written permission for your intended use from the copyright holder. Permission given by an owner of a physical item does not include or imply permission of the copyright holder, which must also be obtained.

You are responsible for determining the copyright status of any materials you may wish to use beyond personal use, respecting your country's laws and restrictions, investigating the owner of the copyright, obtaining permission for intended use, and for responding to any claims that may arise from your use. By using materials from the Portal, you agree and warrant that your use will not violate the rights of the Environment & Society Portal or any other person or entity.

Please note that the reproduction of some materials may be further restricted by privacy or publicity rights. Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to reproduce or use the item.

How to cite content from the Environment & Society Portal
In all cases, we ask that you cite the Environment & Society Portal as the source as suggested below. If you are reproducing copyrighted material, remember to additionally cite all copyright information and comply with all other terms or restrictions that may be applicable to that material.

Martin, Mandy, Libby Robin, and Mike Smith, eds. Strata: Deserts Past, Present and Future. An Environmental Art Project about a Significant Cultural Place. Mandurama: Mandy Martin, 2005, as republished in the Environment & Society Portal, http://www.environmentandsociety.org (Accessed 1 January 2012).

Olmanson, Eric. "Promotion and Transformation of Landscapes along the CB&Q Railroad." Digital exhibition, Environment & Society Portal (Rachel Carson Center for Environment and Society, 2012)

Rights not affected by Terms of Use
In no way do these Terms of Use affect any of the following rights:

• Any rights you have resulting from applicable exceptions and limitations of copyright, related rights, or sui generis database rights.
• Any moral rights of any other party that may persist in or to the Portal or its content, more specifically the right to be identified as the author and the right to object to derogatory treatments.
• Any publicity, trademark, patent or privacy rights or other rights that other persons may have either in the content of the Portal itself or in how it is used.

Disclaimer
The Environment & Society Portal and the Rachel Carson Center for Environment and Society do not guarantee the accuracy or completeness of the Portal and its contents.

Except to the extent required by applicable law, in no event will Environment & Society Portal or the Rachel Carson Center for Environment and Society be liable on any legal theory for any special, incidental, consequential, punitive, or exemplary damages arising out of this licence or the use of the Portal and its content. In particular, it will not be liable for the accuracy, completeness, etc. of the Portal or its content; for any infringement of privacy, publicity or other rights; or for any use by third parties that goes beyond the rights expressed in these Terms of Use.

Your compliance with the Terms of Use
By using the Portal on grounds of these Terms of Use, you accept and agree to be bound by these Terms of Use.

The Environment & Society Portal and the Rachel Carson Center for Environment and Society reserve the right to amend the Terms of Use. Use of any rights to the Portal will be subject to the amended Terms of Use once you have become aware of the amendments and have reasonably been in the position to adjust use that commenced prior to the amendment of the Terms of Use. You will be assumed to have become aware of the amendments once you have been directly notified by the Environment & Society Portal or the Rachel Carson Center for Environment and Society in that respect.

These Terms of Use and the ancillary rights and obligations will terminate automatically upon any breach by you of the terms included herein. Natural and legal persons who have received derivative works from you under these Terms of Use, however, will not have their permissions terminated provided such natural or legal persons remain in full compliance with these terms.