Articles

Terms of Use

Photo courtesy of Floris Van Breugel

ForMotherNature operates this Site as a Service and hopes you find it worthwhile.  By accessing and using this Site you agree to the following terms and conditions.  ForMotherNature reserves the right to change the terms in this agreement at any time by amending this page.  The last date these Terms of Use were updated is displayed at the bottom of this agreement.

1. Uses of the Site
As a visitor, you may use this Site to find artists who financially support environmental organizations, to visit their online stores, to learn about the environmental organizations supported by these artists, and to visit those websites. 

As an artist, you may use this Site to be part of a community of artists supporting environmental organizations and enable potential customers to learn about you and your designated environmental organization and find your online store. 

As an environmental organization, you may use this Site to bring awareness of your mission to visitors, to enable them to access your organization’s website to learn more, and to inform visitors about artists supporting you. 

When you use ForMotherNature, you accept that any incidental or consequential damages incurred by the user, no matter how caused, are not the fault of ForMotherNature or its founder. We cannot be held responsible or liable for any problems, damages, injuries, loss, distress, or expense anyone has for any reason involving this site.  If you are upset, we would like to know; however we are not responsible for resolving your problem or liable for compensation.

2. Ownership of Content and Copyright
The Site and Content are protected by U.S. and foreign copyright laws, and belong to ForMotherNature and its contributors.   Artists, photographers, and environmental organizations continue to own the information and images they submit for use on the Site.  ForMotherNature reserves complete title and full intellectual property rights in all other content.  No one may use, alter, copy, distribute, transmit, or derive another work from any content obtained from the Site.   Our name and logo belong to ForMotherNature.  ForMotherNature cannot be held responsible or liable for posting images submitted by a user pretending to be the creator or true owner.    Please use the Contact page to notify ForMotherNature of any claims of copyright infringement.

3. Artists and Their Stores
Though ForMotherNature provides information about artists and their stores on the Site and links to their online stores, ForMotherNature is not directly involved in the transaction between a customer and artist.  No money passes through ForMotherNature.  Artists take full responsibility for their goods and financial transactions with their customers.  ForMotherNature expects both parties to act in good faith, but has no control over the actions of either party and cannot be held responsible or liable for the actions of either party.  Content regarding artists and their stores or links to them, do not constitute or imply an endorsement, sponsorship, or recommendation by ForMotherNature.  We cannot guarantee information about the artists or their goods, we provide the information and links they provide to us.   We also cannot guarantee how efficiently or effectively they run their business.

4. Artist Pledges and Donations
If you use the Site as an artist, you are making a commitment to ForMotherNature to donate a portion of your proceeds to your designated environmental organization following approval of the organization as a participant by ForMotherNature and an initial donation to that organization of at least $35.  The pledge should be considered a legal commitment, if you pledge to donate, you must follow through on your pledge.  The pledge is applicable to sales made by the artist by any means, not just sales made to ForMotherNature visitors.  Some artists donate a percentage of the sale price of each item, not counting tax or shipping costs and some artists donate a set amount per item sold.  Either way, a portion of each item created and sold contributes to saving our planet.   Artists choose the percentage or set amount they are comfortable with donating.  Whatever percentage or set amount an artist is able to donate, we thank them.  With ForMotherNature approval, the pledge can be applicable to only a designated subset of products which will be identified on the FMN website.  All artists agree to donate a minimum of $50 annually to their designated environmental nonprofit even if their pledged amount from sales proceeds falls short of $50.  Artists whose donations meet or exceed $50 annually will be automatically renewed.  

Artists wishing to split their pledge among multiple environmental organizations may do so with a minimum of one percent of total sales proceeds going to each organization.

As an artist you commit to give the donations based on your pledges directly to your chosen environmental organization on a timely basis, preferably monthly or quarterly, at a minimum annually.  We post artist pledges and we track donation totals based on receipts or confirmations artists send us from their designated environmental organizations.  Artists are responsible for providing proof of their donations to ForMotherNature.  Artists authorize ForMotherNature to contact the environmental organization to verify donations.  ForMotherNature cannot guarantee that artists will honor their pledges; but will make an effort to ensure they do.  Artists must provide ForMotherNature with proof of their donations to continue participation on the site.  ForMotherNature will remove artist profiles and stores for artists that do not honor their agreement.  Artists agree to notify ForMotherNature when their posted information (including links) changes.  ForMotherNature will periodically test links and remove artists with nonfunctioning links.

As an artist, you are obligated to donate the pledged funds to your specified environmental organization from sales proceeds received during the timeframe from the date your information was posted on ForMotherNature up to the date you notify ForMotherNature in writing of your desire to either change your designated environmental organization or terminate your use of the Site as an artist.

5. Artist Eligibility
Artists must be 18 years or older to use the Site as an artist or an artist who is a minor may have a parent/guardian be responsible for the commitment pledge.  Artists retain the right to end their use of the Site as an artist at any time by contacting ForMotherNature in writing.  Artists retain the rights to any images they provide ForMotherNature for display.  ForMotherNature does not pay any artist for the right to display their images, links, or information and ForMotherNature does not charge artists (or anyone) for its services.  ForMotherNature cannot guarantee artists that they will be accepted to participate on the Site.  ForMotherNature cannot guarantee being listed on this Site will result in sales.  ForMotherNature reserves the right to decline use of the Site to an artist. 

6. Environmental Organizations 
ForMotherNature is focused on helping nonprofit environmental organizations whose primary mission helps promote the protection or conservation of wildlife or the places they need to live.  Artists identify environmental organizations to be the recipients of their donations.  Organizations may work locally, nationally, or internationally, so long as they are designated by the United States IRS as a 501c3 charitable organization or in Canada they are registered with the Charities Directorate of the Canada Revenue Agency.   ForMotherNature reserves the right to decline use of the Site to an organization.  Listing an environmental organization on the Site and providing links to its website does not constitute or imply an endorsement, sponsorship, or recommendation by ForMotherNature.  ForMotherNature cannot guarantee how efficiently or effectively listed environmental organizations run their affairs.    

Organizations must give their approval to be on the Site before being included on ForMotherNature.  Once an environmental organization gives approval to be on the Site, any artist may choose to designate that organization as receiving the artist’s donations.  Environmental organizations may decline being associated on the website with a particular artist by contacting ForMotherNature in writing.  Environmental organizations are not responsible for a customer’s transactions with a supporting artist.

Environmental organizations retain the right to end their listing on the Site at any time simply by contacting ForMotherNature in writing.  Environmental organizations retain the rights to any images they provide ForMotherNature for display.  ForMotherNature does not pay any environmental organization for the right to display their images, links, or information.  By sending images, links, or other information to ForMotherNature for display on the website, the environmental organization acknowledges that they do so willingly and without expectation of compensation.  ForMotherNature cannot guarantee environmental organizations that this site will result in donations to them.  Environmental organizations do not pay ForMotherNature to be listed. 

7. Submission of Nature Photography
Images of nature help visitors appreciate the importance of environmental organizations.  ForMotherNature welcomes high quality images of nature for display on the Site.  Photographers retain all rights to their images; ForMotherNature displays the images with the photographer's agreement, that is all.  ForMotherNature does not purchase or otherwise financially compensate photographers for use of their images.  By sending images to ForMotherNature for display on the website, the photographer acknowledges that he/she does so willingly without expectation of compensation.  The photographer may include their own credit line on the image; otherwise a photographer credit is provided to display on the Site based on the information provided to ForMotherNature by the submitter.  The photographer credit provided by ForMotherNature expresses thanks and contains the photographer’s name, city, state, and country.  ForMotherNature cannot display all images submitted, but will select those deemed to best represent the wildlife and wild places we are striving to save.  ForMotherNature must assume that the person representing himself/herself as the photographer is indeed the photographer; ForMotherNature is not responsible or liable if the submitter is not the photographer, but will remove the images from the Site if notified in writing of the problem.  Photographers retain the right to have their images removed from display on the Site at any time simply by contacting ForMotherNature in writing.  In addition to displaying images on the Site, photographers may decide whether to allow their images to also appear on ForMotherNature's Facebook page where the images may help draw visitors to the Site.

8. Submission of Information and Content
You represent and warrant that all images you submit to ForMotherNature are yours to submit and all information you submit to ForMotherNature is accurate and truthful. You must keep your information up-to-date and accurate at all times, including links to your site and a valid email address for contact purposes.  Artists must be selling their own work in their stores.  Goods sold must be creative efforts of the artist but may involve the use of tools and machines in their creation.  Environmental organizations must retain their 501c3 designation to be listed on the Site and must inform ForMotherNature in writing if it is revoked. 

9. Links to Third-Party Web Sites
Links on the Site are provided to artist stores and to environmental organizations as a convenience to you.  Links to artists, their stores, or environmental organizations, do not constitute or imply an endorsement, sponsorship, or recommendation by ForMotherNature.  If you use these links, another window will open in your browser displaying the third-party web site.  External links are provided by artists and environmental organizations to their sites.  The provider of each link is responsible for providing updated link information as appropriate.  ForMotherNature is not responsible for the availability of any such web sites.  ForMotherNature is not responsible or liable for any such web site or its content.  If you use the links to third-party sites, you will be subject to the terms of use and privacy policy applicable to those web sites.

10. Privacy
ForMotherNature respects the privacy of all users.  Visitors to ForMotherNature remain anonymous and are not required to register or provide personal information to use the site. 

11. Feedback and Idea Submission Policy
We welcome feedback and ideas for improving the Site or Content or concept of ForMotherNature, but we do not provide compensation or credit for them.  Feedback and ideas may be submitted via the Contact page.  We appreciate efforts to improve everyone’s experience on the Site. 

12. User Conduct
You agree to only use the Site for lawful purposes and not mislead visitors or ForMotherNature.  You agree not to harm or damage the Site or Content in any way, not to take any action that might compromise the credibility or security of the Site or Content, or render the Site inaccessible to others. 

13. User Supplied Information
Information is requested from artists, photographers, and environmental organizations only for contact purposes or for purposes of posting content on the Site.  All information supplied is kept secure and is not shared with third parties, with the following exception.  Artist information is shared as necessary with their designated environmental organization.  ForMotherNature will assume information provided by users is correct and current unless notified otherwise.  Users who provide information to ForMotherNature are responsible for keeping that information current.  ForMotherNature reserves the right to edit all user supplied information.

14. Operations
ForMotherNature reserves the right to change this site in any way, reduce or cease operations and temporarily or permanently shut down the Site at any time for any reason without notice.  ForMotherNature is not responsible for problems caused by hackers of the site. 

15. Rights of Use
ForMotherNature reserves the right to end use or refuse use of the Site by any artist, photographer, or environmental organization.  

16. Disclaimer of Warranties
ForMotherNature AND ITS FOUNDER PROVIDE THIS SITE AND IT’S SERVICES “AS IS” ON AN “AS AVAILABLE BASIS” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WITHOUT ANY REPRESENTATIONS OR ENDORSEMENTS WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. 

17. Limitation of Liability
IN NO EVENT WILL ForMotherNature OR ITS FOUNDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, GENERAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, COMPENSATORY, EXEMPLARY OR OTHER INDIRECT DAMAGES. 
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ForMotherNature's LIABILITY AND THE LIABILITY OF ITS FOUNDER IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, AND SHALL NOT EXCEED $100.00 UNDER ANY CIRCUMSTANCES.

18. Indemnification
YOU ARE RESPONSIBLE FOR YOUR BEHAVIOR ON THIS SITE, FOR THE CONTENT YOU SUBMIT, AND FOR YOUR INTERACTION WITH ANY THIRD PARTY THAT RESULTS FROM USE OF THIS SITE.  IF ANYONE BRINGS A CLAIM AGAINST ForMotherNature OR ITS FOUNDER DUE TO YOUR ACTIONS YOU AGREE TO INDEMNIFY AND HOLD ForMotherNature AND ITS FOUNDER HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES AND COST (INCLUDING BUT NOT LIMITED TO, DIRECT, GENERAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, COMPENSATORY, EXEMPLARY OR OTHER INDIRECT DAMAGES) AND REASONABLE ATTORNEY’S FEES, RESULTING FROM OR ARISING OUT OF YOUR BEHAVIOR, USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, OR ANY VIOLATION BY YOU OF THIS AGREEMENT OR ANY LAW OR THE RIGHTS OF A THIRD PARTY.

19. Enforcement
If any part of this Agreement is determined by a court to be invalid or unenforceable, then such provision will be modified to reflect the parties intention; it will not impact any other provision of this Agreement.

20.  One last word

We are acting in good faith, trying to save our one and only planet.  We expect everyone using this Site to do so as well.  Please enjoy ForMotherNature.

Last updated Dec 10, 2016.  

Updates:

Allow pledge to apply to a subset of products (only allowed with substantial pledge) - Dec 10, 2016

Timeframe for following through on donations extended from four months to annually - May 18, 2016

Allow pledge to be split among multiple environmental organizations - Sept 1, 2015

Allow minors with guardian to be responsible for commitment - June 12, 2015