Terms of Usage
Welcome to www.greenforall.org, operated by Green For All. Our Services include our website,www.greenforall.org (the “Site”), and our materials, other features, content and functionality offered by Us from time to time in connection with our websites.
Green For All 1611 Telegraph Avenue, Suite 600 Oakland, California 94612.
This Site is currently for use in the United States by U.S. residents and under the laws of the United States.
WHAT YOU SHOULD KNOW
MODIFICATIONS TO AGREEMENT
By the way, check back often. This is a new venture and we may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes.
THIS AGREEMENT WAS LAST UPDATED ON: March 17, 2009
STUFF ON OUR SITE
We have information, reports, case studies, brochures, essays and other educational resources (collectively, “Materials”) that we want you to use for the purpose of benefiting our progressive agenda. Really, we do. This information has been provided pursuant to a Creative Commons license. Please read the terms of the license before you use information on our Site.
If you are asked or choose to contribute your own materials or content to certain areas of this Site, you may be required to contribute it pursuant to a Creative Commons license. We’ll let you know on the Site or in this Agreement if that’s the case. Don’t know what a Creative Commons license is? Click here to learn more.
We have lots of cool stuff on the Site designed to inspire you and others to answer the call for action. While we want you to use our stuff, keep in mind it’s not your stuff; you must comply with our terms.
In order to participate in certain Services you may be required to download content (like posters), software, and/or required to agree to additional terms and conditions, including but not limited to conditions imposed by third party websites or providers that we may use from time to time. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Use Common Sense and Company Manners
Regardless of why you’re here, we ask that you be respectful and kind. We understand that you may have strong feelings about the environment, but please leave the flaming retorts to the talk shows.
A “Visitor” is someone who is browsing through the Site. A “Member” is someone who has registered with the Site and/or signed up to receive information. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
Give careful thought to the information you post about yourself in your profile on Our Site, since you may be choosing to share it with other Users. Certain information may never be included in your Member profile, specifically telephone numbers, street addresses, and last names.
REGISTRATION PROCESS; MEMBERSIP ELIGIBILITY; ACCESS TO SITE
During the registration process, and/or when using certain Services offered by the Site, you will be prompted to provide personal information that allows Us to know who you are, such as your full name, age, address, email address and/or phone number (“Registration Information”). During the registration process you will also be asked to choose a password and user name. You may not select as your user name, the name of another person to the extend that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; or a name with Green For All deems in its sole discretion to be vulgar or otherwise offensive. Green For All reserves the right to delete any user name for any or no reason. You are fully responsible for all activities conducted through your Membership or under your user name.
You are entirely responsible for maintaining the security of your password and any other personal information about you or related to your membership. You agree not to use another Member’s account or password at any time, or to disclose your password to any third party. You agree to notify Us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Site. Your disclosure of your password to any other person is entirely at your own risk. Although Green For All will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.
By using the Site, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of the Site does not violate any applicable law or regulation.
You authorize Green For All to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. Green For All reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Green For All cannot guarantee the accuracy of any information submitted by any User of the Site, nor any identity information about any User.
If you are over the age of 13, you may register as a Member and use the Site and the Services. By registering as a Member and using Our Services, you affirm that you are 18 years of age or older. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The Site is not intended for individuals under 13. If you are under 13 years of age, please do not use our Site. Although we cannot absolutely control whether minors gain unauthorized access to our Site, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
You acknowledge that Green For All reserves the right to charge for some or all aspects of the Site or Service. You may cancel your Membership at any time. On your election to cancel, your Membership will be cancelled within 24-48 hours; however, if you have paid for access to specific Services in advance through a specific date, you will be permitted to use those Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of this Agreement, your access will be terminated and you shall not be entitled to the refund of any unused portion of fees.
You have the opportunity to make charitable donations (“Donations”) to Green For All through the Site, and we really appreciate it if you do. Like any other Donation, however, we can’t return it to you once it’s made, even if your Membership is terminated for any reason.
Green For All has the right at any time for any reason or no reason to suspend or terminate your Membership, terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you. In the event that Green For All suspends or terminates your Membership or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership, or for anything else.
Green For All reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that Green For All will not be liable for any interruption of the Site, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Green For All has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
HOSTING AND ATTENDING EVENTS
Members may sign up to host and/or attend community events that are, in Green For All’s sole and exclusive discretion, consistent with its goals and objectives (the “Community Event(s)”). When signing up to host a Community Event, the event host (the “Host”) will be prompted to provide personal information about the Host, including full name, street address, email address, phone number, organization/affiliation, and telephone number (the “Host Information”). Green For All reserves the right to refuse and/or remove any Community Event posting that it, in its sole discretion, deems inappropriate and/or objectionable.
Members may also RSVP to attend Community Events. When submitting an RSVP you will be prompted to provide personal information, including your full name, email address, telephone number, and zip code (the “Attendee Information”).
Green For All reserves the right to use the Host Information and/or Attendee Information for action requests, solicitations, or information alerts.
Green For All Site is for the personal use of Members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us. Illegal and/or unauthorized use of the Site, including collecting User Names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, may result in termination of your Membership. Commercial advertisements’ affiliate links, and other forms of solicitation may be removed from the Site and/or from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.
CONTENT; ACCESS TO CONTENT; OWNERSHIP AND USE OF CONTENT;
Be guided by your good intentions. Play nice with yours, ours and other’s people information.
- Access to Content; Proprietary Rights in the Site and Site Content
You acknowledge that: (i) by using this Site, you may have access to content on the Site, including but not limited to pictures, digital images, graphics, music, video, audio, text, sounds, applications, software, and other creative output (collectively, “Content”), and (ii) this Content may be provided under license by third party vendors, affiliates, partners and/or independent content providers, including contributions from other Users (all of which are collectively referred to as “Content Providers”).
You acknowledge that Green For All, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Site or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
Except for your authorized User Content (described below) and anything submitted pursuant to a Creative Commons license, all Content on the Site, is the proprietary property of the Green For All, its Users or its licensors with all rights reserved and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. While you are in compliance with this Agreement and all applicable laws, you are granted a limited, non-exclusive, revocable license to view, access and use the Site and the Content to which you have properly gained access solely for your immediate personal, non-commercial, private use, provided that you retain all copyright or other proprietary notices intact. Except as expressly allowed on the Site and except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Any use of the Site or the Content (except your own Content) other than as specifically authorized herein, without the prior written permission of Green For All, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Green for All disclaims any and all implied licenses. This license is revocable at any time without notice and with or without cause. Green For All reserve all rights not expressly granted in and to the Site and Content.
- Content You Posted On The Site;
Green For All encourages an open exchange of information and ideas, and may provided certain areas on or through the Site or Service where Members may upload, publish, submit, transmit or display (hereinafter “Post) authorized Content that they own, including but not limited to photos, videos, profiles (including your name, image, likeness), digital images, messages, suggestions, text, ideas, submissions, notes, information, music, audio, and other Content that Members own and Post on or through the Site or Service (“User Content”)..
If you Post User Content on or through the Site or our Services, you are giving us permission to host it. We don’t own it. We just have a digital copy of it as well as your express permission to display that content. You retain copyright and other intellectual property rights with respect to your User Content, to the extent that you have such rights under applicable law; however, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Green For All, and to other Users of the Green For All Site.
If we allow you to Post photos on the Site, we may, but are not obligated to, automatically upload and publically display your photos through our account on third party image sharing and hosting websites such as Flickr or other similar sites (“Image Sharing Sites”). You should be aware that the Image Sharing Sites are public, not private, databases and, depending upon the controls set by the site any member of the public may view your photos on the Image Sharing Site. Your photos, in our sole discretion, will be uploaded and displayed through our account on the Image Sharing Sites, and we are not required to identify/credit you as the owner of the photo. You should be aware that our account with the Image Sharing Sites may be set to share/display photos pursuant to a Creative Commons license and therefore, any photo you choose to share with us may also be shared/displayed pursuant to a Creative Commons license. By Posting any photo on our Site, you agree to all terms of this Agreement and automatically grant to us, in addition to the license(s) granted herein for User Content, a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to reproduce, display and distribute your photos on or through our account with the Image Sharing Sites and pursuant to our account settings, which may include displaying/sharing the photos pursuant to a Creative Commons license. All photos you Post on the Site must comply with all size/file restrictions and all provisions of this Agreement, including but not limited to User Content.
You further understand and agree that: You are solely responsible for any User Content that you Post on or through the Service or the Site. You may not Post any User Content on the Site or Service that you do not own, did not create or that you do not have permission to Post, including ownership of all intellectual property rights associated with the User Content. You understand and agree that the Green For All may, but is not obligated to, review any User Content, and may reject, delete or remove (without notice) any User Content, for any and/or no reason, including but not limited to User Content, that in its sole judgment and discretion violates this Agreement and/or any other Green For All agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you Post on or through the Site or Service or provide to Green For All, and Green For All is not responsible for any User Content that you Post on or through the Site or Service, including storing, replacing, retrieving, and/or retaining User Content
All of User Content must comply with and are governed by the terms of this Agreement. By Posting any of User Content on or through the Site or Service, you represent and warrant that it: (i) complies with all terms of this Agreement; (ii) is your original work and is owned by you, including ownership of all associated intellectual property rights; (iii) does not violate any agreement between you and a third party; and (iv) the posting of User Content on the Site does not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless Green For All and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
You further understand and agree that (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to User Content hereunder; (ii) you are solely responsible for, and Green For All, will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Green For All’s acknowledgement hereunder of your intellectual property rights in User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Green For All’s intention not to require users of the Site to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
You should be aware that when you Post any User Content on or through the Site or the Service, it is public, not private communications. When you voluntarily disclose personal information through User Content, that information can be collected and used by others and may result in unsolicited messages from other people. You are solely responsible for any and all User Content you Post and you should use common sense when making a decision to disclose personal information about yourself.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to User Content that you Post while using the Site or Service, you do not own the Membership you use to access the Site, nor do you own any data Green For All stores on Green For All’s servers (including without limitation any data representing or embodying any or all of User Content). Your intellectual property rights do not confer any rights of access to the Site or any rights to data stored by or on behalf of Green For All.
- Your Use of Content
Content on the Site is provided to you AS IS for your information and personal use only solely as intended through the normal functionality of the Site and/or Service and, not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever in any manner not intended by the normal functionality of the Site and/or Service or otherwise as prohibited under this Agreement without the prior written consent of the respective owners.
You may access User Content solely:
- for your information and personal use;
- as intended through the normal functionality of the Green For All Site; and
- for Streaming.
“Streaming” means a contemporaneous digital transmission of an audio or audiovisual work via the Internet from the Green For All Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Accessing User Content for any purpose or in any manner not set forth herein or not intended and allowed through the normal functionality of the Green For All Site is expressly prohibited.
Users may have the opportunity to provide comments about Content, User Content, your profile and any number of topics on the Site (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Green For All Site. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Green For All Site or otherwise as prohibited under this Agreement.
You may access Green For All Content, User Content and other Content only as permitted under this Agreement. Green For All reserves all rights not expressly granted in and to the Green For All Content and the Site.
You agree to not engage in the use, copying, or distribution of any of the Content, including but not limited to User Content, other than as expressly permitted herein including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Site.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content (including User Content) or enforce limitations on use of the Site or the Content therein.
You understand that when using the Site, you will be exposed to Content (including User Content) from a variety of sources, and that Green For is not required to review and/or prescreen any Content (including User Content), and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content (or User Content). You further understand and acknowledge that you may be exposed to Content (including User Content) that is inaccurate, offensive, indecent, or objectionable, and under no circumstances will Green For All be liable in any way for any Content including, but not limited to, for any errors or omissions in any Content (including User Content), or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Green For All does not endorse or guarantee the accuracy of any Content (including User Content), including any submission, opinion, recommendation, or advice expressed therein. There is no substitute for healthy skepticism and your own good judgment.
In this regard, and except as prohibited by law, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Green For All with respect thereto, and agree to indemnify and hold Green For All, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
- Prohibited Content
Remember our comment about playing nice? If you don’t want to play nice, go to another site, please (don’t go away mad, just go away). Honestly, We want the Site to be used for good, not evil. Green For All shall have the right to refuse or remove any Content, including User Content, that it deems inappropriate and/or in violation of the terms of this Agreement. The following is a partial list of the kind of Content prohibited by this Site, regardless of whether such Content is illegal. By way of illustration, but not limitation, you may not take any action or upload, post, e-mail, link or otherwise transmit or create any Content that, within Green For All’s sole discretion:
infringes upon or violate any third party rights, including intellectual property rights, privacy rights or publicity rights of others, including posting or providing links to unauthorized copies of another party’s copyrighted work;
- promotes and/or encourage illegal or unlawful activity in any country;
- is defamatory, libelous or slanderous in nature;
- advocates hate, violence, abuse, threats or harm against any group, individual or entity;
- harasses or encourage others to harass any group, individual or entity;
- is racially, ethnically or otherwise objectionable;
- is vulgar, obscene, profane, pornographic and/or otherwise offensive in nature;
- discloses third-party confidential, private or trade secret information;
- violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is patently offensive under a community standard that we deem appropriate, examples include promoting racism, bigotry, pornography hatred or physical harm of any kind ; or
- is inconsistent with the goals, objectives, philosophies, and/or purpose of Green For All.
As a Member of the Site, and while you are in compliance with this Agreement and using the Site, you may use the “I’m Ready Icon” service (“I’m Ready Icon Service”) to create a poster-like digitized image of yourself (your “Icon”) for your own personal noncommercial use. Your Icon will be publically displayed on the Site and will be viewable by others. You may, if you choose to do so, download and share your Icon on third party websites, such as Facebook, but please know, that if you do, you use and display will be subject to and governed by the terms and conditions of the third party sites as well.
To create your Icon, you must first upload or submit (“Upload”) a digital image of yourself (“Image”) to the Site. You must own all intellectual property rights to any Image that you Upload. You may only Upload an Image of yourself and may not Upload any Image and/or create any Icon that that contains the image and/or likeness of any unauthorized third party.
Your Image and resulting Icon constitute User Content pursuant to this Agreement and are subject to and must comply with the terms of this Agreement, including but not limited to all provisions regarding User Content (and the license granted by you regarding such User Content). Green For All reserves the right to remove, reject or refuse an Image and/or Icon for any, or not reason, including but not limited to any Icon that does not comply with this Agreement and all provisions regarding User Content.
The I’m Ready Icon Service uses technology, software, applications, and/or or data that is owned by and/or licensed to Green For All (“the Icon Technology”). The I’m Ready Icon Service and Icon Technology is protected by copyright and other intellectual property laws and shall remain the sole and exclusive property of Green For All and/or its licensors. The compilation, and arrangement of all content, data and other information relating to the Icon Technology and The I’m Ready Icon Service, including but not limited to the “look and feel” of The Icon Technology and The I’m Ready Icon Service, structure, sequence, layout of the visual components, color combinations, button shapes, and a other graphical and navigational elements, are also the sole and exclusive property of Green For All and/or its licensors and protected by copyright and other intellectual property laws.
Subject to the terms and conditions set forth herein and any third party restrictions, Green For All grants you (if you are a Member) a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to use and access the I’m Ready Icon Service to create, download, and display your Icon on the Site third party sites, solely for your personal, non-commercial, private use, provided that you retain all copyright or other proprietary notices intact.
By providing access to the “I’m Ready Icon” Service or by making your Icon available for display and downloading, neither Green For All nor its licensors waive any proprietary right in and to the IconTechnology and/or The I’m Ready Icon Service (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and Green For All and its licensors do not transfer any rights to you in the IconTechnology and/or the I’m Ready Icon Service except for the limited license expressly granted herein. All rights to ownership or use not expressly stated herein are reserved by Green For All and/or its licensor’s and Green For All disclaims any and all implied licenses.
GENERAL USE OF THE SITE
You have a nonexclusive, limited, revocable license to use Green For All Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that Green For All deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators.
You agree that you shall not use the Service and/or the Site to:
- collect usernames and/or email addresses of anyone for purposes other than those specifically intended on this Site;
- forward personally identifiable information from any Member to any non-Member;
- submit false User/Member information for any reason;
- use this site to engage in advertising to, or solicitation of, other Members to buy, or sell any product or services, including posting advertisements and/or solicitations of business;
- use this Site in a manner inconsistent with any and all applicable laws and regulations of any country;
- impersonate any person or entity, real of fictitious, including, but not limited to, a Green For All employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- stalk, abuse (or attempt to abuse), or otherwise harass another User/Member;
- make unauthorized use of any Green For All trademarks or service marks;
- upload, post, e-mail or otherwise transmit or create Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that Green For All considers in its sole discretion to be of such nature;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- attempt to gain access to any other Member’s Membership account or password;
- include links to personal or commercial web pages and/or websites that we, in our sole discretion, deem inconsistent with the goals and/or philosophy of Green For All;
- provide information that you know is false or misleading;
- post or provide links to your or other Member passwords;
- post or provide links to information relating to circumventing this Site’s or any other website’s protected software;
- post links to expressly solicit personal information from anyone under the age of 18.
Membership Termination Policy
Any violation by you of the terms of this agreement, including but not limited to the foregoing provisions, may result in immediate and permanent suspension or cancellation of your Membership. You agree that Green For All may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Site in its sole discretion, without notice to you. In our sole and commercially reasonable discretion, we reserve the right to terminate a Member’s access to the Site if, under appropriate circumstances, they are determined to be a repeated offender.
Unauthorized or questionable uses may be subject to investigation. Violations of this section may result in a range of actions subject to Green For All’s sole discretion, including without limitation:
- Suspension of Membership;
- Termination of Membership;
- Legal action, including civil, criminal, and/or injunctive action.
Although we’re not policing Content, it we get wind of or suspect something, keep in mind, we reserve the right to decide whether the Content (including User Content) is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to pornography, obscene or defamatory material or excessive length. We may remove such Content and/or terminate a Member’s access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
LINKS TO THIRD PARTY SITES
Any dealings with third parties associated with this Site and/or participation in promotions, activities, events of third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Green For All shall not be responsible or liable for any part of any such dealings.
DIGITAL MILLENNIMUM COPYRIGHT ACT
Green For All respects the intellectual property rights of others and expects all users and Members of the Site to respect them as well. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Green For All Site can be identified and removed via Green For All’s DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable
If you believe in good faith that a Member has infringed or otherwise violated your copyrights or other intellectual property rights, you can request that we take down the infringing materials(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
- Filing a DMCA Notice
Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a DMCA notice (“DMCA Notice” or “Notice”). To file a DMCA Notice, you must send use written letter by fax or regular mail only (not email). We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must:
1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);
2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have 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.”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
7. The Notice must be signed by the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
8. The Notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Green For All
1611 Telegraph Avenue, Suite 600
Oakland, California 94612
Or fax to: 510.663.6510 (on the cover sheet, please write: Attention: DMCA NOTICE).
- Filing a Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA
Your Counter-Notice must:
1. Describe and list all material(s) that were removed by Green For All and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
2. Provide your name, address, telephone number and email address (if available);
3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
6. The Counter-Notice must be signed by the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
7. The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
DMCA Designated Agent
Green For All
1611 Telegraph Avenue, Suite 600
Oakland, California 94612
Or fax to: 510.663.6510 (on the cover sheet, please write: Attention: DMCA NOTICE).
COMMUNICATION WITH OTHER MEMBERS
Green For All does not routinely monitor your communications with other Members, but reserves the right to do so pursuant to complaints or notifications to us that you are engaging in any behavior contrary to the terms or spirit of this Agreement.
MAINTENANCE AND OUTAGES
From time to time, as is typical with online Services, Green For All may need to perform maintenance on or make modifications to the Site that require the Site to be unavailable for periods of time (“System Downtime”). Where possible, we will provide you with advance notice of planned System Downtimes, as well as their approximate duration. Please note that the duration of planned System Downtime may exceed the initial estimate. In addition, events such as natural disasters, power outages or technical emergencies may cause unscheduled System Downtime.
Green For All reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that Green For All will not be liable for any interruption of the Site, delay or failure to perform. You further understand that Green For All has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
DISCLAIMERS, DAMAGES AND LIABILITY
You agree that Green For All is not responsible for any Member Content posted on the Site. Green For All is not responsible for the conduct, whether online or offline, of any User of the Site or Member of the Services. Green For All assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Green For All is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or Services. Under no circumstances will Green For All be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone’s use of the Site or the Services, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Services are provided “AS-IS” and (to the extent legally permitted) Green For All expressly disclaims any warranty of fitness for a particular purpose or non-infringement, and further expressly disclaims any implied warranty and terms and conditions. Green For All cannot guarantee and does not promise any specific results from use of the Site and/or the Services.
Except where restricted or prohibited, in no event will Green For All be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Services, or of our termination of your Membership, even if Green For All has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Green For All’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Green For All for the Services during the term of Membership. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
DEALING WITH OTHER MEMBERS; RELEASE; LIMITATION OF LIABLITY
It’s our playground, but we don’t always know what’s going on. Green For All is a service provider, which means, among other things, that we do not control each and every aspect of the Site. You acknowledge that Green For All is a service provider that may offer Users opportunities to interact online regarding topics and content chosen by other Users. Generally, we do not regulate Users’ interactions with the Site or communications with each other. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site. You are solely responsible for your interactions with other Users.
As a condition of access to our Site, if you have a dispute with one or more Users or Members, you release Green For All (and our officers, directors, agents, subsidiaries, joint ventures, licensees, partners, shareholders, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or claims. If you are a California resident, you waive California Civil Code S 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You further understand and agree that: (a) Green For All will have the right but not the obligation to resolve disputes between Users relating to the Site, and Green For All’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Green For All elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) Green For All’s resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release Green For All (and our officers, directors, agents, subsidiaries, joint ventures, licensees, partners, shareholders, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Green For All’s resolution of disputes relating to the Site.
This Agreement shall remain in full force and effect while you use the Site or are a Member. You may terminate your Membership at any time, for any reason, by contacting us here. Green For All may terminate your Membership at any time without warning. Even after Membership is terminated, this Agreement will remain in effect.
Transfer of Membership and Assignment
A single Membership may be used by a single legal entity (such as a band whose legal entity is a partnership) at Green For All’s sole discretion and subject to Green For All’s requirements. You may not assign or transfer your Membership, this Agreement or any or all of your rights hereunder without the prior written consent of Green For All, and any attempt to do so is void. Notwithstanding the foregoing, Green For All will not unreasonably withhold consent to the transfer of a Membership in good standing by operation of a valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by Green For All.
All or any of Green For All’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site in a merger, acquisition or sale of all or substantially all of Green For All’s assets.
In the event a dispute arises between you and Green For All, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and Green For All agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a “Claim”) in accordance with one of the subsections below.
- Governing Law
This Agreement and the relationship between you and Green For All shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
- Forum for Disputes
You and Green For All agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Francisco, California except as provided below in this Agreement regarding optional arbitration. Notwithstanding this provision, you agree that Green For All shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction
- Optional Arbitration
For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims
All Claims you bring against Green For All must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, GREEN FOR ALL may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that GREEN FOR ALL has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Releases, Disclaimer of Warranty, Further Limitations of Liability
- No Liability for Accumulated Content
When using the Site, you may accumulate Content (including User Content) that resides as data on Green For All’s servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON GREEN FOR ALL’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN GREEN FOR ALL’S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING THE GREEN FOR ALL SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, GREEN FOR ALL DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON GREEN FOR ALL’S SERVERS.
YOU UNDERSTAND AND AGREE THAT GREEN FOR ALL HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
- The Green For All Site Is Provided “As Is”
GREEN FOR ALL PROVIDES THE SITE, YOUR MEMBERSHIP AND ALL OTHER SERVICES (INCLUDING BUT NOT LIMITED TO THE I’M READY ICON SERVICE) STRICTLY ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Green For All does not ensure continuous, error-free, secure or virus-free operation of the Site or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on Green For All’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
- Further Limitations of Liability
IN NO EVENT SHALL GREEN FOR ALL OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE I’M READY ICON SERVICE, (INCLUDING THE MODIFICATION OR TERMINATION OF THE SITE OR SERVICE), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT DHF MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL GREEN FOR ALL’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Green For All cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site.
At Green For All’s request, you agree to defend, indemnify and hold harmless Green For All its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Site. You agree to defend, indemnify and hold harmless Green For All, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as otherwise explicitly stated in this agreement, legal notices to Green For All shall be faxed to Green For All Legal Department, Attn: Dispute Resolution, at 510.663.6510; or mailed to us at Green For All Legal Department, Attn: Dispute Resolution, 1611 Telegraph Avenue, Suite 600, Oakland, CA 94612 and shall be served on you at the email address you provided when registering with Green For All. Notice shall be deemed given 24 hours after the email is sent, unless the sending party receives a notification that the email address is invalid. In the alternative, Green For All may give you legal notice by mail to the address which you provided during registration, in which case notice shall be deemed given three (3) days after mailing.
Green For All is located at 1611 Telegraph Avenue, Suite 600, in Oakland, California. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Services, contains the entire agreement between you and Green For All regarding the use of the Site and/or the Services.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement may not be amended except by a writing signed by both you and Green For All. The following sections will survive any termination of this Agreement: Fees; License; Indemnity; Disclaimer, Damages and Liability; Claims or Disputes. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect. In Green For All’s sole discretion, Green For All may assign this Agreement in accordance with the Notices section. Section headings are for references purposes and do not limit the scope or extent of any section. Green For All’s 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. Green For All does not guarantee that we will take action against all breaches of this Agreement.
The Site is controlled and operated by Green For All from its offices within the State of California, United States of America. We make no representation that any aspect of the Site or our Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Site from other locations are responsible for compliance with applicable local laws.