Earth Peace Treaty Terms Of Use
Last Updated: March 2, 2007
Acceptance
Welcome to Earth Peace Treaty's Web site. These Terms of Use govern your use of www.earthpeacetreaty.org,
developer.earthpeacetreaty.org, and download.earthpeacetreaty.org (collectively, the “Site”)
and the services made available on the Site (the “Services”). By using the Services
or visiting or browsing the Site, you acknowledge that you have read, understood,
and agreed to be bound by these Terms of Use and any modifications that may be made
to these Terms of Use from time to time. If you do not agree to these Terms of Use,
you should not use the Services or visit or browse the Site.
These Terms of Use constitute a binding legal agreement between you and Earth Peace Treaty.
(“Earth Peace Treaty” “we,” “us,” and “our”). Please read them carefully before accessing
or using the Site or the Services.
Modifications
We reserve the right to modify these Terms of Use at any time and in any manner
at our sole discretion. Notice of any modification of these Terms of Use will be
posted in this section of the Site, and any such modifications will be effective
upon the posting of such notice. Your continued use of the Site or the Services
constitutes your binding acceptance of such modifications. Please check this section
of the Site before using the Site or the Services to determine whether a change
has been made to these Terms of Use. If you do not agree to any changes in the Terms
of Use as they may occur, please arrange to terminate your registration with the
Site immediately and discontinue your use of the Service and the Site. You agree
that we are not liable to you or to any third party for any modification of the
Terms of Use.
Registration
Before you can use certain parts of the Services, you may be required to register
as a member through the Site. You must be 18 years of age or older to register as
a member and use the Services. You agree to provide true, accurate, current, and
complete information about yourself as prompted by the Site’s registration form
(such information, being the “Registration Data”), and you agree to maintain and
promptly update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
or we have any reasonable grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete, we may suspend or terminate your account and refuse
to offer you any and all current or future use of the Services and the Site. You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer. You are solely responsible for any
activity related to your account. If you suspect any unauthorized use of your account,
notify us immediately. You acknowledge and agree that we may preserve user information
and may also disclose user information, if required to do so by law or if we believe,
in good faith, that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims
that any Content violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Earth Peace Treaty, its users, or the public.
Content
The Site and the Services may allow you and other third parties to post data, text,
code, messages, opinions, advice, statements, reviews, comments, and other materials
and information (collectively, “Content”). All Content, whether publicly posted
on or privately transmitted via the Site or the Services, is the sole responsibility
of the person from whom the Content originated and not of Earth Peace Treaty, or its shareholders,
directors, officers, or employees. Earth Peace Treaty may review and delete any Content,
in whole or in part, that in the sole judgment of Earth Peace Treaty violates these Terms
of Use or that might be offensive, illegal, or that might violate the rights of
or harm any third parties. Nonetheless, under no circumstances will Earth Peace Treaty
or its stockholders, directors, officers, employees, agents, representatives, partners,
or affiliates be held liable for any loss or damage caused by your reliance on Content
obtained through the Site or the Services. It is your responsibility to evaluate
the Content available through the Services or the Site. Although Content will not
be pre-screened or reviewed, we reserve the right to refuse or delete any Content.
Licenses
When you post Content, you hereby grant (or warrant that the owner of the Content
grants) us and each user of the Site or the Services a royalty-free, perpetual,
irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce,
modify, translate, adapt, publish, create derivative works of, transmit, distribute,
perform, display, delete (in whole or in part), and incorporate the Content for
any purpose and without acknowledgement to you. By posting or providing Content,
you represent and warrant that public posting and use of your Content by us and
any of our users will not infringe on or violate the rights of any third party.
Usage Guidelines and Restrictions
You agree not to use the Site or the Services to:
- 1. upload, post, e-mail, or otherwise transmit any Content that contains personally
identifying information (such as actual names, phone numbers, mailing addresses,
e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethnically, or otherwise objectionable;
- 2. harm minors in any way or write comments that in any way refer to person(s) under
18 years of age;
- 3. impersonate any person or entity, or otherwise misrepresent your affiliation
with a person or entity;
- 4. upload, post, e-mail, or otherwise transmit Content that you do not have a right
to transmit 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);
- 5. upload, post, e-mail, or otherwise transmit Content that infringes any patent,
trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any
party;
- 6. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”
or any other forms of solicitation;
- 7. upload, post, e-mail, or otherwise transmit any material that contains software
viruses or any other computer code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- 8. interfere with or disrupt the Services, the Site, or servers or networks connected
to the Site, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Site;
- 9. intentionally or unintentionally violate any applicable local, state, national,
or international law, “stalk” or otherwise harass another, or collect or store personal
data about other users;
- 10. use any automated means to access the Site or the Services or collect any information
from the Site or the Services (including, without limitation, robots, spiders, or
scripts); or
- 11. frame the Site or the Services, utilize framing techniques to enclose any service
mark, logo, or other proprietary information, place pop-up windows over its pages,
or otherwise affect the display of its pages. This means, among other activities,
that you must not engage in the practices of “screen scraping,” “database scraping,”
or any other activity with the purpose of obtaining lists of users or other information.
Termination
You agree that Earth Peace Treaty, in its sole discretion, may terminate your password,
account (or any part thereof), and use of the Site and the Services, and remove
and discard any Content within the Site, for any reason, including, without limitation,
for lack of use or if Earth Peace Treaty believes that you have violated or acted inconsistently
with the letter or spirit of these Terms of Use. Earth Peace Treaty may also in its sole
discretion and at any time modify or discontinue providing the Site or the Services,
or any part thereof, with or without notice. You agree that any modification or
termination of your access to the Site or the Services may be effected without prior
notice, and you acknowledge and agree that Earth Peace Treaty may immediately deactivate
or delete your account and all related information and Content in your account and
bar any further access to such information or to the Site or the Services. Further,
you agree that Earth Peace Treaty shall not be liable to you or any third party for any
modification or termination of your access to the Site or the Services.
Privacy
Any information submitted on the Site or the Services is subject to our Privacy
Policy, the terms of which are incorporated into these Terms of Use. Our Privacy
Policy may be found by clicking here. Please review our Privacy Policy carefully.
Disclaimers of Warranties; Limitations on Liability
The Site and the Services (including all Content) are provided “as is”; Earth Peace Treaty
makes no representations or warranties of any kind with respect to the Services,
the Content, the Site, or any contents therein. Earth Peace Treaty assumes no liability
or responsibility for any errors or omissions in providing the Services, the Site,
or the Content, any losses or damages arising from the use of the Content, or any
conduct by users of the Site. PSIDA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES RELATING TO THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Earth Peace Treaty
does not represent or warrant that the information on or accessible via the Site
or through the Services is complete or current.
PSIDA’S AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’,
STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS
OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. PSIDA AND ITS
AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES,
AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE
DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND
SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS,
LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE
NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. PSIDA’S AND ITS AFFILATES’,
SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’,
AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF
OR RELATING TO THE SERVICES, THE CONTENT, THE SITE OR THESE TERMS OF USE, WHETHER
IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF
USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION
OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES.
THIS ALLOCATION IS REFLECTED IN THE NO-CHARGE ACCESS YOU ARE GIVEN TO THE SITE AND
THE SERVICES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE
PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS
OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE.
Some states do not allow the foregoing limitations of liability, so they may not
apply to you.
Idemnity
You agree to indemnify and hold Earth Peace Treaty or its stockholders, directors, officers,
employees, agents, representatives, partners, or affiliatesharmless from any loss,
liability, claim, or demand, including reasonable attorneys’ fees, arising out of,
resulting from or connected with the use, modification, misinterpretation, misuse,
or reuse by you of the Site, the Services, or Content, including without limitation
these Terms of Use.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources
that are beyond our control. We make no representations as to the quality, suitability,
functionality, or legality of any sites to which links may be provided, and you
hereby waive any claim you might have against us, with respect to such sites. PSIDA
IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED
OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of,
other users, advertisers, or partners found on or through the Site or the Services,
and any other terms, conditions, warranties, or representations associated with
such dealings, are solely between you and such user, advertiser, or partner. You
agree that we are not responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers
or partners on the Site or the Services.
Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of Utah,
as such laws are applied to agreements entered into and to be performed entirely
within Utah between Utah residents. Any controversy or claim arising
out of or relating to these Terms of Use, the Services, the Products, or the Site
will be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim will
be arbitrated on an individual basis, and will not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration will be conducted
in Salt Lake County, Utah, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. The award of the arbitrator will be
final and binding upon the parties without appeal or review except as permitted
by Utah law. Notwithstanding the foregoing, either party may seek any interim
or preliminary injunctive relief from any court of competent jurisdiction, as necessary
to protect the party’s rights or property pending the completion of arbitration.
By using the Site or the Services, you consent and submit to the exclusive jurisdiction
and venue of the state and federal courts located in Salt Lake County, Utah.
Release
In the event that you have a dispute with one or more users of the Site or the Services,
you release Earth Peace Treaty and its stockholders, directors, officers, employees, agents,
representatives, partners, and affiliatesfrom 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.
If you are a California resident, you waive California Civil Code §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.”
Claims of Copyright Infrigement
Earth Peace Treaty respects the intellectual property rights of others, and requires that
the people who use the Site and the Services do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on the Site or the
Services in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent with the following information in writing:
- 1. the electronic or physical signature of the owner of the copyright or the person
authorized to act on the owner’s behalf;
- 2. identification of the copyrighted work that you claim has been infringed;
- 3. identification of the material that is claimed to be infringing and information
reasonably sufficient to permit us to locate the material;
- 4. your name, address, telephone number, and e-mail address;
- 5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
- 6. a statement made under penalty of perjury that the above information in your
notice is accurate and that you are the copyright owner or are authorized to act
on the copyright owner’s behalf.
If we receive such a claim, we reserve the right to refuse or delete Content as
described under these Terms of Use and to terminate a user’s account.
Our designated agent to receive notification of claimed infringement under the Digital
Millennium Copyright Act OF 1998 (“DMCA”) is:
Earth Peace Treaty, LLC
10231 Snow Iris Way
Sandy, Utah 84092
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices
of alleged infringement and will take appropriate actions under the DMCA and other
applicable intellectual property laws. Upon receipt of notices complying or substantially
complying with the DMCA, we will act expeditiously to remove or disable access to
any material claimed to be infringing or claimed to be the subject of infringing
activity, and will act expeditiously to remove or disable access to any reference
or link to material or activity that is claimed to be infringing. We will take reasonable
steps promptly to notify the user that we have removed or disabled access to such
material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide
the person who provided the initial notification of claimed infringement with a
copy of the counter notification and inform that person that we will replace the
removed material or cease disabling access to it in 10 business days.
Unless our designated agent first receives notice from the person who submitted
the initial notification that such person has filed an action seeking a court order
to restrain the user from engaging in infringing activity relating to the material
on the Site or the Services, we will replace the removed material and cease disabling
access to it.
You may provide us with a counter notification by providing our copyright agent
the following information in writing:
- 1. your physical or electronic signature;
- 2. identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled;
- 3. a statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled;
- 4. your name, address, and telephone number, and a statement that you consent to
the jurisdiction of Federal District Court for the judicial district in which your
address is located, or if your address is outside of the United States, for any
judicial district in which we may be found and that you will accept service of process
from the person who provided the initial notification of infringement.
General
Earth Peace Treaty’s failure to act in a particular circumstance does not waive its ability
to act with respect to that circumstance or similar circumstances. By using the
Site or the Services, you consent to receiving electronic communications from Earth Peace Treaty.
These communications will include notices about your account and information concerning
or related to the Services. You agree that any notice, agreements, disclosure, or
other communications that we send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing. Earth Peace Treaty is excused
for any failure to perform to the extent that its performance is prevented by any
reason outside of its control. These Terms of Use, together with our Privacy Policy,
comprise the entire agreement between you and Earth Peace Treaty and supersede all prior
agreements between the parties regarding the subject matter contained herein.
Questions
Please direct any questions regarding these Terms of Use to:
info@earthpeacetreaty.org.