Terms & Conditions

Access to and use of this website (http://www.yestolifenotomining.org/) is provided by The Gaia Foundation and Health of Mother Earth Foundation on behalf of the Yes to Life, No to Mining movement.

The Gaia Foundation

Registered Charity Number: 327412

Registered Charity Address: 6 Heathgate Place, Agincourt Road, Hampstead, London, NW3 2NU, ENGLAND

Contact us: 0207 428 0055 or info@gaianet.org

Health of Mother Earth Foundation

Registered Charity Number: CAC/IT/NO 46993

Registered Charity Address: Top Floor, #214 Uselu-Lagos Road, P.O.Box 10577, Ugbowo, Benin City, NIGERIA

Photography

Photographs on this website come under the Creative Commons license meaning that they can be shared and used, but the contributor, photographer and/or Yes to Life No to Mining website should be acknowledged.

With thanks to Gert Steenssens whose photographs feature on the homepage Call to Action boxes. ‘Gert Steenssens http://www.esperanzaproxima.net). With thanks to The Gaia Foundation for a large number of the photos across the site.

Many of the photos on this site have been provided by the author of the story or are from an organisation working with the community cited. It is not possible to credit all photographers but if you would like to know the origin of a photograph or request permission to use it please contact us.

Terms of Use

This website http://www.yestolifenotomining.org/ (“the website”) is a website operated by The Gaia Foundation (“Gaia”, “our”, “us” or “we”) on behalf of the Yes to Life, No to Life movement.. Regional allies also access the site globally.

Copy/Distribution Terms

You are free to copy, translate and distribute any material on this website but please cite the original posting as Yes to Life No to Mining and provide a link.
The Website may contain links to other websites. These links are provided for your convenience and we have no control over such websites, nor responsibility for their content.

1. Acceptance of terms

This page (together with the documents referred to on it) (these “Terms”) details the terms on which you may use the website. Please read these Terms carefully before you start to use the website. By using our website, you indicate that you accept these Terms and that you agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE OUR WEBSITE.

2. Information about us

The Gaia Foundation is a charity registered in England and Wales under number 327412, having its registered office 6 Heathgate Place, Agincourt Road, Hampstead, London, NW3 2NU, ENGLAND.

The Health of Mother Earth Foundation is a charity registered in Nigeria under number CAC/IT/NO 46993.Address: Top Floor, #214 Uselu-Lagos Road, P.O.Box 10577, Ugbowo, Benin City, NIGERIA

3. Accessing our website

Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice (see below). We will not be liable if for any reason the website is unavailable at any time or for any period. We may at our sole discretion terminate your access to some or all of the website or the services provided by it with or without notice.

From time to time we may restrict access to some parts of the website, or the entire website.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and keep it secure, and you must not disclose it to any other person or entity.

We have the right, at any time without notice, to disable any user identification code, login or password, whether chosen by you or allocated by us if in our opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for all activities that occur under your account, login or password (including, without limitation, all orders placed through your account). Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

When using the website, you must comply with our Acceptable Use Policy, details of which are set out in paragraph 4 below. You are responsible for making all arrangements necessary for you to have access to the website.

4. Acceptable Use Policy

You may use the website and services only for lawful purposes. You may not use the website or the services we provide:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
  • to send, knowingly receive, upload, download, publish, post, distribute, disseminate or otherwise transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing;
  • to threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others; or
  • to send or upload any material or knowingly transmit any data that is corrupt or contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • reproduce, duplicate, copy, re-sell or otherwise use any part of the website in contravention of the provisions of these Terms;
  • obtain or attempt to obtain unauthorised access to, through whatever means, interfere with, damage or disrupt: any part of the website or the services; any other services or computer systems, equipment or software used in the provision of the website; any areas of our, or any of our partners’ networks which are identified as restricted, or do anything which may interrupt or impair their functionality;
  • contribute material to the website which does not represent your own personal views;
  • modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
    make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
  • add links to the website to other websites unless you are sure they do not contain material which is illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing;
  • impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details; or
  • falsify the true ownership of software or other material or information contained in a file made available via the website or the services.

Whenever you are asked to provide information in connection with the website or the related services, you agree to provide true, accurate, current and complete details. It may not be possible to provide you with the services if you do not provide the minimum mandatory information required. You do not have to provide us with any optional information requested. Please notify us immediately of any changes in any information you provide to us which we designate as mandatory.

We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this clause 4 constitutes a material breach of these Terms and may result in our immediate, temporary or permanent withdrawal of your right (if any) to use the website and/or the services or of any posting or material uploaded by you to the website, legal action against you and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described are not limited, and we may take any other action we reasonably deem appropriate.

5. Reliance on information posted

Commentary and other information or materials (including without limitation text, photographs, graphics, links and other items) posted on the website are not intended to amount to advice on which reliance should be placed and are provided without any representation or warranty of any kind and to the exclusion of all conditions and other terms which might otherwise by implied by statute, common law or the law of equity. You acknowledge that such commentary, information and/or materials may contain inaccuracies or errors. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website or use of the services, or by anyone who may be informed of any of its contents. By using our website and/or the services you confirm you have not relied on any content contained on the website.

6. Our website changes regularly

We aim to update the website regularly, and may delete, suspend, revise or otherwise change the content and/or services it provides at any time (or any part thereof) without notice in our sole discretion. We may suspend access to the website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

7. Our liability

The website, and the material and information displayed on it is provided “as is” without any guarantee, condition, representation or warranty of any kind, express or implied, as to the operation of our website, the accuracy of the information or the products or services referred to on our website.

To the fullest extent permitted by law, we, our employees and all third parties connected to us hereby expressly exclude:

all warranties, conditions, terms, undertakings and obligations which might otherwise be implied by statute, common law, custom, trade usage, course of dealing or otherwise;
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials or information posted on it, including, without limitation any liability for:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. loss of goodwill;
  7. wasted management or office time;
  8. delays or failures you may experience in initialising, conducting or completing any transmission or transactions in connection with our website; and
  9. actions taken in response to breaches of our Acceptable Use Policy; and

any liability for any other loss or damage of any kind, however arising and whether direct or indirect, and whether arising in tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these Terms affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Any reference in these Terms to an exclusion or limitation of liability by us includes without limitation an exclusion or limitation (respectively) of liability in tort, including negligence and breach of statutory duty, unless otherwise stated.

You agree that these Terms, and in particular the limits on our liability and obligations, are fair and reasonable and that your sole remedy is to stop using the website. If any exclusion or limitation of liability by us set out in these Terms is found to be invalid or unenforceable for any reason, or if we are otherwise found liable under these Terms, our total aggregate liability will be limited to £50.

8. Indemnity

YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS US, OUR OFFICERS AND EMPLOYEES AND ALL OTHER THIRD PARTIES CONNECTED TO US (INCLUDING WITHOUT LIMITATION OUR AGENTS AND REPRESENTATIVES) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES SUFFERRED OR INCURRED, INCLUDING WITHOUT LIMITATION LEGAL FEES, AND ANY AND ALL DEMANDS, CLAIMS, ACTIONS OR PROCEEDINGS WHICH ARE BROUGHT OR THREATENED, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS, THE CONTENT YOU SUBMIT, POST OR TRANSMIT TO OR VIA, AND/OR ANY MISUSE USE BY YOU OF, THE WEBSITE AND/OR THE SERVICES. WE MAY RECOVER SUCH AMOUNTS FROM YOU ON BEHALF OF THE PERSONS MENTIONED ABOVE.

9. Information about you and your visits to the website

We reserve the right to monitor and track your visits to the website.

10. Contributing material to our website

Whenever you contribute or post material to our website (including but not limited to by way of uploading, exhibiting, publishing, submitting, sending via electronic means or providing orally or via video), you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

If you post or contribute any material (including without limitation all photographs, graphics, text, images, sounds, video and other media) to the website, you agree to grant use of that material as we see fit without notice to you unless otherwise agreed in writing between you and us. Any such material will be considered non-confidential and non-proprietary, and you warrant that such is the case and that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose free of any intellectual property and moral rights to the extent permissible by applicable law. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted or contributed by you or any other user of the website.

We have the right to remove any material or posting you make on the website if, in our opinion, such material does not comply with these Terms & Conditions.

You warrant that you have obtained all of the necessary consents to any material (including without limitation all photographs, graphics, text, images, sounds, video and other media) posted or contributed to the website and confirm that it does not infringe any intellectual property rights of any person. You will indemnify and hold us harmless against any and all costs, claims, charges, damages, demands, liabilities, losses or expenses (including reasonably legal and other professional costs and expenses) of whatsoever nature arising out of or in connection with any claim that material that you have posted or contributed to the website infringes the intellectual property rights of any third party.

While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that our website and the services are virus-free and secure. We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security, including without limitation any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. You shall therefore be responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. We give no warranties as to the compatibility of our website or the services with your computer systems, software and/or hardware.

You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which our website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack or in any other way.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

11. Linking to our website

You may link to any page on the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

If you wish to make any use of material on our website other than that set out above, please address your request to info@gaianet.org.

12. Links from our website

The website includes links to other third party websites or resources. These links are intended to provide further information only. They are independent from the website and we have no control over their content. We have no responsibility for the content of any linked website or resource.

13. General

Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of the other provisions (and the provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable), or of that or any provision in any other jurisdiction.

A failure or delay by us in enforcing compliance with any provision of these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. You may not assign any of your rights or obligations under these Terms. The headings used in these Terms are for convenience only and shall not affect interpretation. In these Terms, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity, and (in each case) vice versa.

14. Entire agreement

These Terms constitute the whole and only agreement and understanding between you and us in relation to its subject matter and the use of the website. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements of any nature whatsoever between you and us with any bearing on the subject matter of these Terms or your use of our website are superseded and extinguished, except insofar as any such thing is expressly stated in these Terms (together with the documents referred to in these Terms).

You acknowledge that you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.

Our rights and your obligations under these Terms and the other documents referred to in these Terms are cumulative.

15. Variations

We may revise these Terms (including the Acceptable Use Policy) at any time. Please review this page regularly to take notice of any changes we make in these Terms, as they are legally binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our website.

16. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction to hear and determine or otherwise settle any claim, suit, dispute or action arising out of or in connection with these Terms or their subject matter or a visit to our website or use of the services, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that any notices and other communication (even those that would normally be required to be given in writing) may be given by us by e-mail or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you one hour after e-mail or posting.

17. Your concerns

If you have any concerns about material which appears on our website, please contact info@gaianet.org.

The Gaia Foundation
Registered Charity number: 327412
Registered Charity Address: 6 Heathgate Place, Agincourt Road, Hampstead, London, NW3 2NU, ENGLAND
Contact us: 0207 428 0055 or info@gaianet.org