|
This Is Green’s Terms of Use Agreement
By using the This Is Green.com web site ("This Is Green"), a service of This Is
Green, Inc., you are agreeing to be bound by the following terms and conditions
(the “Terms of Use” or the "Agreement").
GENERAL TERMS
- You are responsible for any activity that occurs under your username.
- You
are responsible for keeping your password secure.
- You must not abuse, harass,
threaten, impersonate or intimidate other This Is Green users.
- You may not use
the This Is Green service for any illegal or unauthorized purpose. Users agree to
comply with all local laws regarding online conduct and acceptable content.
-
You are solely responsible for your conduct and any data, text, information, screen
names, graphics, photos, profiles, audio and video clips, links (“Content”) that
you submit, post and display on the This Is Green service.
- You must not modify,
adapt or hack This Is Green.com or modify another website so as to falsely imply
that it is associated with This Is Green.
.
- You must not create or submit unwanted email or Conversations ("Convos") to any
This Is Green members ("Spam").
- You must not transmit any worms or viruses or
any code of a destructive nature.
- You must not, in the use of This Is Green,
violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your This
Is Green account. While This Is Green prohibits such conduct and content on its
site, you understand and agree that This Is Green is a venue and as such is not
responsible for the Content posted on its web site and you nonetheless may be exposed
to such materials and that you use the This Is Green service at your own risk.
GENERAL CONDITIONS
- This Is Green reserves the right to modify or terminate the This Is Green service
for any reason, without notice at any time.
- This Is Green reserves the right
to alter these Terms of Use at any time. If the alterations constitute a material
change to the Terms of Use, This Is Green will notify you via Internet mail according
to the preference expressed on your account. What constitutes a "material change"
will be determined at This Is Green's sole discretion, in good faith and using common
sense and reasonable judgment.
- This Is Green reserves the right to refuse service
to anyone for any reason at any time.
- This Is Green may, but has no obligation
to, remove content ("content" includes, for example, items, item descriptions, and
information submitted in the forums) and accounts containing content that This Is
Green determine in This Is Green's sole discretion are unlawful, offensive, threatening,
libelous, defamatory, obscene or otherwise objectionable or violates any party's
intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community
guidelines as posted on This Is Green.
- The This Is Green service makes it possible
to post images hosted on This Is Green to outside websites. This use is accepted.
However, pages on other websites, which display images hosted on This Is Green,
must provide a link back to This Is Green from each photo to its photo page on This
Is Green.
- Your account will be terminated, without prior notice, if your account
is used for hosting graphic elements of web page designs, icons, smiley icons, buddy
icons, forum avatars, badges, and other non-photographic elements on external websites.
-
You can remove your profile at any time by deleting your account. This will also
remove any private images you have stored in the system. By uploading images and
item description content to This Is Green, you agree to allow other This Is Green
users to view them and you agree to allow This Is Green to display the images and
content on This Is Green (for example, in your shop, on This Is Green's Homepage
and in Treasuries) and store the images, item description, profile and other content.
You must agree with and accept all of the terms and conditions contained the Terms
of Use, the Privacy
Policyand other policy documents and community guidelines as posted on This
Is Green before you may become a member of This Is Green. These policy documents
and community guidelines include those terms and conditions expressly set in this
Agreement and those incorporated by reference.
This Is Green may amend the Terms of Use and any other policy documents and community
guidelines, at any time by posting the amended terms on This Is Green. The Terms
of Use is effective upon acceptance in registration for new registering users, and
is otherwise effective on June 10, 2005 for all users.
MEMBERSHIP ELIGIBILITY
This Is Green's services are available only to, and may only be used by individuals
who can form legally binding contracts under applicable law. This Is Green's services
are not available to children (persons under the age of 18) or to temporarily or
indefinitely suspended This Is Green members. If you are a under the age of 18,
you can use this service only in conjunction with, and under the supervision of
your parents or guardians. If you do not qualify, please do not use This Is Green.
Further, your This Is Green account (including feedback) and User ID may not be
transferred or sold to another party. If you are registering as a business entity,
you personally guarantee that you have the authority to bind the entity to this
Agreement.
FEES AND SERVICES
Joining and setting up your products on This Is Green, is free. This Is Green charges
a sales commission for listing items for sale through This Is Green. When you list
an item you have an opportunity to review and accept the commission that you will
be charged. This Is Green's Fees and Credits Policy is available and is incorporated
into this Agreement by reference. This Is Green's Fees and Credits Policy and the
fees for This Is Green's services are subject to change. Changes to the Fees and
Credits Policy and the fees for our services are effective after This Is Green provides
you with at least fourteen (14) days' notice of the changes by posting the changes
on This Is Green. However, This Is Green may choose to temporarily change This Is
Green's Fees and Credits Policy and the fees for This Is Green's services for promotional
events (for example, free listing days) and such changes are effective when This
Is Green posts the temporary promotional event on This Is Green. This Is Green may,
at This Is Green's sole discretion, change some or all of This Is Green's services
at any time. In the event This Is Green introduces a new service, the fees for that
service are effective at the launch of the service. Unless otherwise stated, all
fees are quoted in U.S. Dollars (USD).
Fees for our services are described here.
THIS IS GREEN IS A VENUE
This Is Green is not a retailer. Although This Is Green is commonly referred to
as an online marketplace, it is important to realize that This Is Green is not a
traditional "retailer." Instead, This Is Green acts as a venue to allow an individual
to offer, sell, and buy certain eco-friendly goods within a fixed price format.
This Is Green is not involved in the actual transaction between buyers and sellers.
As a result, This Is Green has no control over the quality, safety or legality of
the items advertised, the truth or accuracy of the listings, the ability of sellers
to sell items or the ability of buyers to pay for items. This Is Green cannot ensure
that a buyer or seller will actually complete a transaction. Consequently, This
Is Green does not transfer legal ownership of items from the seller to the buyer.
IDENTITY VERIFICATION
This Is Green uses many techniques to verify the accuracy of the information This
Is Green's users provide to This Is Green when they register on This Is Green. However,
because user verification on the Internet is difficult, This Is Green cannot and
does not confirm each user's purported identity. Thus, This Is Green has established
a user-initiated feedback system to help you evaluate with whom you are dealing.
This Is Green also encourages you to communicate directly with potential transaction
partners through the tools available on This Is Green.
RELEASE
Since This Is Green is a venue, in the event that you have a dispute with one or
more users, you release This Is Green (and This Is Green's officers, directors,
agents, subsidiaries, joint ventures and employees) from any and all 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.
INFORMATION CONTROL
This Is Green does not control the information provided by other users that is made
available through our system. You may find other users' information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense, and practice
safe trading when using This Is Green. Please note that there are also risks of
dealing with underage persons or people acting under false pretense. By using This
Is Green, you agree to accept such risks and that This Is Green (and our officers,
directors, agents, subsidiaries, joint ventures and employees) is not responsible
for any and all acts or omissions of users on This Is Green.
LISTING AND SELLING
Listing Description: You must be legally able to sell the item(s) you list for sale
on the Site. You must describe your item and all terms of sale on the listing page
of the Site. Your listings may only include text descriptions, graphics, pictures
and other content relevant to the sale of that item. All listed items must be listed
in an appropriate category. Each listing must accurately and completely describe
the item/items for sale in that listing. If the "in stock" quantity is more than
one, all items in that listing must be identical. Each unique item must have its
own listing.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request
(order) you are obligated to complete the transaction with the buyer in a prompt
manner, unless there is an exceptional circumstance, such as: (a) the buyer fails
to meet the terms of your listing (such as payment method), or (b) you cannot authenticate
the buyer's identity.
Termination: Without limiting any other remedies, This Is Green, without notice,
may suspend or terminate your account if This Is Green suspects, in its sole discretion,
that you (by information, investigation, conviction, settlement, insurance or escrow
investigation, or otherwise) have violated any of This Is Green's policies set out
in this Agreement, the Privacy Policy, or any other policy documents or community
guidelines, or you have engaged in an improper or fraudulent activity in connection
with This Is Green.
Manipulation: The price stated in each This Is Green Item Description must be an
accurate representation of the sale. ‘Manipulation’ refers to activities whereby
the price no longer accurately represents the monetary value of the transaction.
For example: manipulative activities include, but are not limited to, intentionally
stating one price in the Item Description but charging a higher price to the buyer,
altering the item's price prior to a sale for the purpose of avoiding This Is Green
transaction fees, and hacking into another’s account and altering prices. Neither
buyer nor seller may manipulate the price of any item for any reason. Further, neither
buyer nor seller may interfere with any other member's listings or transactions.
PROHIBITED, QUESTIONABLE, AND INFRINGING ITEMS
Definition: "Your Information" is defined as any information you provide to This
Is Green or other users in the registration, in the listing process (which includes
photographs and descriptions), in any public message area (including the Forums
or the feedback area) or through any email feature. You are solely responsible for
Your Information, and This Is Green acts as a passive conduit for your online distribution
and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public
message area (including the Forums or the feedback area), Convos, and email.
Restricted Activities: Your Activities that result in Your Information (or any items
listed) on This Is Green shall not:
(a) Be false, inaccurate or misleading; (b) be fraudulent or involve the sale of
illegal, counterfeit, stolen items or items; (c) infringe upon any third party's
copyright, patent, trademark, trade secret or other proprietary or intellectual
property rights or rights of publicity or privacy; (d) violate any law, statute,
ordinance or regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography, or otherwise shall be subject to the
Mature Content rules; (g) contain any viruses, Trojan horses, worms, time bombs,
cancel bots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) create liability for us or cause us to lose (in
whole or in part) the services of our ISPs or other suppliers; and (i) link directly
or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community
guidelines as posted on This Is Green or; (bb) are identical to other items you
have for sale but are priced lower; (cc) are concurrently listed for sale on a web
site other than This Is Green's (this does not prevent linking to or advertising
an This Is Green item from another web site); or (dd) you do not have a right to
link to or include.
Furthermore, you may not list any item on This Is Green (or consummate any transaction
that was initiated using our service) that could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates the Terms of Use.
License: Solely to enable This Is Green to use the information you supply us with,
so that This Is Green is not violating any rights you might have in that Your Information,
you agree to grant This Is Green a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in Your Information,
in any media now known or not currently known, with respect to Your Information.
This Is Green will only use Your Information in accordance with This Is Green's.
Privacy Policy.
ACCESS AND INTERFERENCE
This Is Green may contain robot exclusion headers. Much of the information on This
Is Green is updated on a real time basis and is proprietary or is licensed to This
Is Green by This Is Green's users or third parties. You agree that you will not
use any robot, spider, scraper or other automated means to access This Is Green
for any purpose without our prior express written permission. Additionally, you
agree that you will not:
(i) Take any action that imposes, or may impose, in our sole discretion, an unreasonable
or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify,
create derivative works from, distribute or publicly display any content (except
for Your Information) from the Site without the prior expressed written permission
of This Is Green and the appropriate third party, as applicable; (iii) interfere
or attempt to interfere with the proper working of the Site or any activities conducted
on the Site; or (iv) bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to This Is Green
FEEDBACK
Integrity: You may not take any actions that may undermine the integrity of the
feedback system. This Is Green may, without prior notice, limit the number of purchases
and listings, which you may place on This Is Green based upon the level of your
feedback. If you earn a low percentage feedback rating, your account will automatically
be flagged for staff review, at which time your membership may be fully or partially
suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users
and a composite feedback number compiled by This Is Green. Further, you acknowledge
that the composite number, without the feedback comments, does not convey your full
user reputation. Because feedback ratings are not designed for any purpose other
than for facilitating transactions between This Is Green users, you agree that you
shall not market or export your This Is Green feedback rating in any venue other
than an This Is Green operated website.
Import: This Is Green does not provide you with the technical ability to import
feedback from other (non-This Is Green operated) websites to This Is Green because
a composite number, without the corresponding feedback does not reflect your true
online reputation within our community.
BREACH
Without limiting other remedies available, This Is Green may, without prior notice,
limit your activity, immediately remove your item listings, warn This Is Green's
community of your actions, issue a warning, temporarily suspend, indefinitely suspend
or terminate your membership (without refunding any fees) and refuse to provide
our services to you if:
(a) You breach this Agreement, the Privacy Policy or other policy documents and community guidelines
this Terms of Use incorporates by reference; (b) This Is Green is unable to verify
or authenticate any of Your Information; or (c) This Is Green believes that your
actions may cause financial loss or legal liability for you, This Is Green's users
or This Is Green.
PRIVACY
This Is Green does not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent and This Is Green only uses
your information as described in the Privacy Policy.This Is Green views protection of users'
privacy as a very important community principle. This Is Green understands clearly
that you and Your Information is one of This Is Green's most important assets. This
Is Green stores and processes your information on computers located in the United
States that are protected by physical as well as technological security devices.
If you object to Your Information being transferred or used in this way please do
not use This Is Green's services.
NO WARRANTY
THIS IS GREEN, THIS IS GREEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND
THIS IS GREEN’S SUPPLIERS PROVIDE THIS IS GREEN’S WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THIS IS GREEN,
THIS IS GREEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND THIS IS GREEN’S
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIABILITY LIMIT
IN NO EVENT SHALL THIS IS GREEN, AND (AS APPLICABLE) THIS IS GREEN’S SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES OR THIS IS GREEN’S SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
THIS IS GREEN’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THIS IS GREEN’S
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES
YOU PAY TO THIS IS GREEN IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD THIS IS GREEN AND (AS APPLICABLE) THIS IS GREEN’S
PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD
PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT
INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD
PARTY.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your listing, purchase,
solicitation of offers to purchase, and sale of items.
SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will
be modified to reflect the parties' intention. All remaining provisions of this
Agreement shall remain in full force and effect.
NO AGENCY
You and This Is Green are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail
to This Is Green Attn: Legal Department; 1825 Ponce de Leon Blvd., #292, Coral Gables,
FL 33134 (in the case of This Is Green) or to the email address you provide to This
Is Green during the registration process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, This Is Green may give you notice by certified
mail, postage prepaid and return receipt requested, to the address provided to This
Is Green during the registration process. In such case, notice shall be deemed given
3 days after the date of mailing.
RESOLUTION OF DISPUTES
This Is Green's goal is to make you happy. In the event a dispute arises between
you and This Is Green, please email This Is Green at
dFgKOWA@qfSDInsC4uF.com
and we will work quickly towards a solution. We encourage you to report all user-to-user
disputes to your local law enforcement, postmaster general, or a certified mediation
or arbitration entity.
Disputes between you and This Is Green regarding This Is Green's services may be
reported to Customer Support by emailing
dFgKOWA@qfSDInsC4uF.com.
DISCLOSURES
The services here under are offered by This Is Green Inc., located at 1825 Ponce
de Leon Blvd., #292, Coral Gables, FL 33134. If you are a Florida resident, you
may have this same information emailed to you by sending a letter to the foregoing
address with your email address and a request for this information.
|