The StateOfPlanet service (“Service”) includes the web site at www.StateOfPlanet.org (“Site”), and is organized primarily to help businesses and individuals associated with progressive, independent business ("Members") network with other like-minded individuals and businesses.
1. Acceptance Triggered By Use
Please note that this Service Agreement limits our liability and we do not provide warranties for the Service. This Service Agreement also limits your remedies.
We may modify these terms from time to time at our sole discretion, as set forth in Section 9. You agree to check these terms regularly and accept all modified terms. .
2. Registration as a Member and Real-Names Policy
By registering as a Member, you confirm your acceptance of this agreement and warrant that you are at least 18 years old. Members are required to provide their real first and last names in their profile for identification purposes. You may not impersonate any person or entity or otherwise misrepresent your identity in your profile. Furthermore, you may not misrepresent your age or your affiliation with any person or entity. Limited exceptions may be allowed by StateOfPlanet under special circumstances (e.g. stage names or assumed names that are critical to identifying you with your business). Such exceptions are made entirely at the discretion of StateOfPlanet.
Your membership is solely for your individual use and you will not authorize others to use your account, profile, or messages. You are solely responsible for all use of your account including, but not limited to, content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to maintain the accuracy of your registration information and to keep account information confidential. You must tell us right away in writing about anyone besides you using your account, or any security breach that relates to the Service. You understand and agree that we have no obligation to prescreen, manage, or edit content made available through the service. You agree to bear all risk associated with content you or others provide using your account. Membership in the Service is void where prohibited.
If you provide any information that is untrue, inaccurate, or not current, or StateOfPlanet has reasonable grounds to suspect that such information is untrue, inaccurate or not current, StateOfPlanet has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof) to you.
3. Monitoring and Disclosure
We may monitor your communications and may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this Service Agreement including maintaining this Service and the Code of Conduct; or (3) protect the rights, property, personal safety or interests of StateOfPlanet, its employees, its customers, or the public.
4. Code of Conduct
We will monitor registration for participation that we feel is harmful to the StateOfPlanet community, and remove profiles and all incidences of such participation at our discretion. Although we may tell you what meets our definition of harmful use before we remove you as a Member, we have no duty to do so.
As a rule, any person that represents a business that recruits resellers, distributors or memberships for products or services that do not originate with that person is prohibited from participating in StateOfPlanet; (these businesses are sometimes known as network marketing or multi-level marketing organizations.)
You will not use the Service in a way that is against the law or harms StateOfPlanet, our members, partners, affiliates, service providers, partners or suppliers. We may tell you about harmful uses but have no duty to do so. You will comply with the Code of Conduct and other notices we provide. You may review the Code of Conduct at any time online. Violations of the Code of Conduct may result in the termination of access or deletion of content without notice. We reserve the right to cancel, suspend, or block access to the Service in whole or part at any time.
5. User Contributions to the Site
5.1 Sole Responsibility for User Content. StateOfPlanet provides users with the opportunity to contribute to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site or otherwise submitted to StateOfPlanet (collectively, “User Content”), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not StateOfPlanet, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. You must ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site.
5.2 No Obligation to Pre-Screen. StateOfPlanet is under no obligation to and does not pre-screen any User Content posted via the Site or sent to another user. As such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of StateOfPlanet and under no circumstances will StateOfPlanet be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. StateOfPlanet may remove any User Content at any time at its sole discretion.
6. License To User Content
6.1 StateOfPlanet’s Rights to Content. StateOfPlanet does not claim ownership of User Content. However, with respect to User Content that you elect to post or transmit for inclusion in or on the Site or that you otherwise submit to us (excluding any work commissioned and paid for by StateOfPlanet under a separate agreement), you grant StateOfPlanet, its affiliates and partners, a perpetual, world- wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on StateOfPlanet and on the sites of our affiliates, partners and others with whom StateOfPlanet may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that StateOfPlanet is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
6.2 StateOfPlanet’s Obligations to Content. We have no obligation to maintain or store your content. StateOfPlanet may, at any time in its sole discretion, delete, modify or prevent from displaying to any other users, any User Content, for any reason, including, but not limited to, service cancellation, violation of the Service Agreement, violation of the Code of Conduct or inconsistent with the Manifesto. Once deleted, any content you have stored on the service cannot be retrieved.
You acknowledge that we may establish limits concerning use of the Service, including the length, number or size of photos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Service. We may also limit the frequency with which you may access the Service if it appears excessive or automated. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time, with or without notice.
8. Access to the Service
We authorize an exception for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This exception excludes web sites or search engines that specialize in listings, postings, profiles, discussion groups or subsets such as jobs, housing, for sale, or services, or are in the business of providing ad listing services.
9. Changes to this Service Agreement
If we change this Service Agreement, then we will notify you of the change online through a post in StateOfPlanet. If you do not agree with the changed Service Agreement, then you must stop using the Service within two weeks of notification. You agree that you are solely responsible for reviewing the terms of this Service Agreement from time to time. If you choose not to accept the terms as revised and posted, you have a single two-week grace period from the date that you first visited the Service (with the revised terms posted), during which your use will be governed under the then-prior version of this Service Agreement and after which you agree not to use the Service.
You may cancel the Service at any time for any reason. We may cancel, suspend, or block your access to the Service at any time, with immediate effect. This may be without cause and without notice. Once the Service is cancelled, you will no longer be able to access or retrieve any data you had stored on the Service.
11. Proprietary Rights
StateOfPlanet owns and retains, to the fullest extent of the law, all intellectual property and rights in the Service including, but not limited to, copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify StateOfPlanet at info (at) StateOfPlanet.org. Provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that we may locate it; provide 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; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit StateOfPlanet to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, StateOfPlanet will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
13. Advertising and Sponsorships
You understand and agree that the Service may include advertisements and commercial listings and that these are necessary for us to provide the Service. You will not obscure these from general view via HTML/CSS or any other means.
Members agree to indemnify and hold StateOfPlanet and its affiliates, officers, agents, subsidiaries, co-branders, or other 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 (i) User Content you submit, post, transmit, or make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, including your use of the Service to provide a link to another site or to upload content or other information to the Site, or (iv) your violation of the Terms of Service or Code of Conduct, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
15. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
Except for infringement notice as set forth in Section 12, any notice from you to StateOfPlanet must be addressed to info@StateOfPlanet.org. This Service Agreement is in electronic form. There may be other information regarding the Service that the law requires us to send you. You consent to StateOfPlanet's sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using this Service. We may provide required information to you by email at the your registered address or by access to www.StateOfPlanet.org or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.