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SustainabLife2.com
SustainabLife2.com is a social networking service based on open source software that allows Members to collaborate on the topic of sustainability. The services offered by SustainabLife2.com ("SustainabLife2.com" or "we") include the SustainabLife2.com website (the "SustainabLife2.0 Website"), and any other features, content, or applications offered from time to time by SustainabLife2.com in connection with the SustainabLife2.0 Website (collectively, the "SustainabLife2.0 Services"). The SustainabLife2.0 Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the SustainabLife2.0 Services. By using the SustainabLife2.0 Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the SustainabLife2.0 Website) or you are a "Member" (which means that you have registered with SustainabLife2.0.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the SustainabLife2.0 Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the SustainabLife2.0 Website and discontinue use of the SustainabLife2.0 Services immediately. If you wish to become a Member, communicate with other Members and make use of the SustainabLife2.0 Services, you must read this Agreement before registering as a member. Once registering as a Member, it will deem your acceptance of this Agreement.
This Agreement includes SustainabLife2.0.com's policy for acceptable use of the SustainabLife2.0 Services and Content posted on the SustainabLife2.0 Website, your rights, obligations and restrictions regarding your use of the SustainabLife2.0 Services and SustainabLife2.0.com's Privacy Policy. Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations.
SustainabLife2.0.com may modify this Agreement from time to time and such modification shall be effective upon posting by SustainabLife2.0.com on the SustainabLife2.0 Website. You agree to be bound to any changes to this Agreement when you use the SustainabLife2.0 Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on SustainabLife2.0.com and that you provide to other Users. Your SustainabLife2.0.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other SustainabLife2.0.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SustainabLife2.0.com assumes no responsibility or liability for this material. If you become aware of misuse of the SustainabLife2.0 Services by any person, please contact
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SustainabLife2.0.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SustainabLife2.0 Services at any time, for any or no reason, with or without prior notice, and without liability. SustainabLife2.0 expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of SustainabLife2.0 Services if SustainabLife2.0 determines, in its sole discretion, that you pose a threat to SustainabLife2.0 and/or its Users.
- 1. Eligibility. Use of and Membership in the SustainabLife2.0 Services is void where prohibited. By using the SustainabLife2.0 Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the SustainabLife2.0 Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 14 years of age.
- 2. Account and Password Security. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your account and password information. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SustainabLife2.0.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- 3. Non-commercial Use by Members. The SustainabLife2.0 Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SustainabLife2.0.com. Illegal and/or unauthorized use of the SustainabLife2.0 Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SustainabLife2.0 Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SustainabLife2.0 Services.
- 4. Proprietary Rights in Content on SustainabLife2.0.com.
- 1. After posting your Content to the SustainabLife2.0 Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the SustainabLife2.0 Services, you hereby grant to SustainabLife2.0.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the SustainabLife2.0 Services.
- 2. You represent and warrant that: (i) you own the Content posted by you on or through the SustainabLife2.0 Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the SustainabLife2.0 Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the SustainabLife2.0 Services.
- 3. The SustainabLife2.0 Services contain Content of SustainabLife2.0.com ("SustainabLife2.0.com Content"). SustainabLife2.0.com Content is protected by copyright, trademark, patent, trade secret and other laws, and SustainabLife2.0.com owns and retains all rights in the SustainabLife2.0.com Content and the SustainabLife2.0 Services. SustainabLife2.0.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SustainabLife2.0.com Content (excluding any software code) solely for your personal use in connection with viewing the SustainabLife2.0 Website and using the SustainabLife2.0 Services.
- 4. The SustainabLife2.0 Services contain Content of Users and other SustainabLife2.0.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SustainabLife2.0 Services.
- 5. Content Posted.
- 1. SustainabLife2.0.com may delete any Content that in the sole judgment of SustainabLife2.0.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SustainabLife2.0.com assumes no responsibility for monitoring the SustainabLife2.0 Services for inappropriate Content or conduct. If at any time SustainabLife2.0.com chooses, in its sole discretion, to monitor the SustainabLife2.0 Services, SustainabLife2.0.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- 2. You are solely responsible for the Content that you post on or through any of the SustainabLife2.0 Services, and any material or information that you transmit to other Members and for your interactions with other Users. SustainabLife2.0.com does not endorse and has no control over the Content. Content is not necessarily reviewed by SustainabLife2.0.com prior to posting and does not necessarily reflect the opinions or policies of SustainabLife2.0.com. SustainabLife2.0.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- 6. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the SustainabLife2.0 Services. SustainabLife2.0.com reserves the right to investigate and take appropriate legal action against anyone who, in SustainabLife2.0.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the SustainabLife2.0 Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SustainabLife2.0.com:
- 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- 2. harasses or advocates harassment of another person;
- 3. exploits people in a sexual or violent manner;
- 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- 5. solicits personal information from anyone under 18;
- 6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- 8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- 9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- 11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- 12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- 13. includes a photograph of another person that you have posted without that person's consent; or
- 14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the SustainabLife2.0 Website and through your use of the SustainabLife2.0 Services. SustainabLife2.0.com reserves the right to investigate and take appropriate legal action against anyone who, in SustainabLife2.0.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- 15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- 16. covering or obscuring the banner advertisements on your personal profile page, or any SustainabLife2.0.com page via HTML/CSS or any other means;
- 17. any automated use of the system, such as using scripts to add content;
- 18. interfering with, disrupting, or creating an undue burden on the SustainabLife2.0 Services or the networks or services connected to the SustainabLife2.0 Services;
- 19. attempting to impersonate another Member or person;
- 20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- 21. selling or otherwise transferring your profile;
- 22. using any information obtained from the SustainabLife2.0 Services in order to harass, abuse, or harm another person;
- 23. using the SustainabLife2.0 Services in a manner inconsistent with any and all applicable laws and regulations.
- 7. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SustainabLife2.0.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to SustainabLife2.0.com by the copyright owner or the copyright owner's legal agent.
- 8. Member Disputes. You are solely responsible for your interactions with other SustainabLife2.0.com Members. SustainabLife2.0.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- 9. Privacy. Use of the SustainabLife2.0 Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
- 10. Disclaimers. SustainabLife2.0.com is not responsible for any incorrect or inaccurate Content posted on the SustainabLife2.0 Website or in connection with the SustainabLife2.0 Services, whether caused by Users of the SustainabLife2.0 Services or by any of the equipment or programming associated with or utilized in the SustainabLife2.0 Services. Profiles created and posted by Members on the SustainabLife2.0 Website may contain links to other websites. SustainabLife2.0.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SustainabLife2.0.com. Inclusion of any linked website on the SustainabLife2.0 Services does not imply approval or endorsement of the linked website by SustainabLife2.0.com. When you access these third-party sites, you do so at your own risk. SustainabLife2.0.com takes no responsibility for third party advertisements which are posted on this SustainabLife2.0 Website or through the SustainabLife2.0 Services, nor does it take any responsibility for the goods or services provided by its advertisers. SustainabLife2.0.com is not responsible for the conduct, whether online or offline, of any User of the SustainabLife2.0 Services. SustainabLife2.0.com 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, any User or Member communication. SustainabLife2.0.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SustainabLife2.0 Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SustainabLife2.0 Services. Under no circumstances shall SustainabLife2.0.com be responsible for any loss or damage, including personal injury or death, resulting from use of the SustainabLife2.0 Services, attendance at a SustainabLife2.0.com event, from any Content posted on or through the SustainabLife2.0 Services, or from the conduct of any Users of the SustainabLife2.0 Services, whether online or offline. The SustainabLife2.0 Services are provided "AS-IS" and as available and SustainabLife2.0.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SustainabLife2.0.com cannot guarantee and does not promise any specific results from use of the SustainabLife2.0 Services.
- 11. Limitation on Liability. In no event shall sustainablife2.0.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if sustainablife2.0.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, sustainablife2.0.com'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 sustainablife2.0.com for the sustainablife2.0 services during the term of membership.
- 12. Indemnity. You agree to indemnify and hold SustainabLife2.0.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SustainabLife2.0 Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the SustainabLife2.0 Website or through the SustainabLife2.0 Services causes SustainabLife2.0.com to be liable to another.
- 13. Open Source Software. SustainabLife2.0.com promotes open source software and only uses open source components to provide the services. The use of the open source components is governed by the respective terms and conditions of the component provider. In particular, GNU GPL is the most often seen license agreement in those software components. SustainabLife2.0.com will not pay any license fee to those component providers. The ownership and all the rights such as copyright and trademarks of the components stay with the component provider. As a user, you are also bound to the respective license agreement of the respective component provider.
- 14. Other. This Agreement is accepted upon your use of the SustainabLife2.0 Website or any of the SustainabLife2.0 Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SustainabLife2.0.com regarding the use of the SustainabLife2.0 Services. The failure of SustainabLife2.0.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SustainabLife2.0.com is a trademark of SustainabLife2.0, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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