(Revised 05/16/09)
Terms of Service
Greening Point, Inc. ("Greening Point", "we", "us", "our", etc.)
provides this website, email messaging, other electronic communication services, and
related websites or services (individually or collectively, the "Service") for
the use of registered individuals and/or the general public under these terms and conditions ("Terms of Service"
or "Agreement") as amended
from time to time. In this Agreement words such as "you", "your", etc.
refer to you as a user of any aspect of the Service. Reference herein to any particular service capability
does not imply that Greening Point currently offers or plans to offer such a
capability.
By accessing or using the Service or by posting a link to the Service on any
website(s) owned or operated by you or operated on your behalf, you signify that you
have read, understand and agree to be bound by this Agreement whether or not you are a registered
user of the Service. You are only authorized to use the Service (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and this Agreement. We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms of Service at any time
without further notice. If we do this, we will post the changes to these Terms
of Service on the Service. Your continued use of any aspect of the Service after any such
changes are posted constitutes your acceptance of the revised Terms of Service.
If you do not comply with this Agreement at any time, we reserve the right to
cancel or terminate your access to the Service (or any part thereof) and/or your
user account, if any. In Greening Point’s sole discretion and without prior
notice or liability, we may discontinue, modify or alter any aspect of the
Service including, but not limited to, (i) restricting the time the Service is
available, (ii) restricting the amount of use permitted, and (iii) restricting
or terminating any user’s right to use the Service. You agree that any
termination or cancellation of your access to, or use of, the Service may be
effected without prior notice. If you do not abide by the terms of this
Agreement, you agree that we may immediately deactivate or delete your user
account, if any, and all related information and/or files in your user account
and/or bar any further access to such information and/or files and/or the
Service (or part thereof). Further, you agree that we shall not be liable to you
or any third-party for any termination or cancellation of your access to, or use
of, the Service. You acknowledge that your only right with respect to any
dissatisfaction with any modification or discontinuation of or to the Service,
or any policies or practices by Greening Point in providing the Service,
including without limitation any change in content, is to cease using the
Service and cancel or terminate your subscription or registered user account, as
applicable. Although Greening Point does not constantly monitor the Service, it
nevertheless expressly reserves the right to do so.
From time to time, we may supplement this Agreement with additional terms and
conditions pertaining to specific content, activities or events (”Additional
Terms”). Such Additional Terms may be placed on the Service to be viewed in
connection with the specific content, activities, features or events and shall
be identified as such. You understand and agree that such Additional Terms are
hereby incorporated by reference into this Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE
VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS
HOW DISPUTES WILL BE RESOLVED. IT IS ALSO IMPORTANT THAT YOU BE AWARE THAT
ADDITIONAL TERMS OF SERVICE ARE APPLICABLE TO EXTERNAL SERVICES AS NOTED BELOW.
Greening Point controls the Service from its offices within the State of
California in the United States. The Service can be accessed from various
locations in the United States and worldwide. As various jurisdictions have laws that may differ from
those of California, by accessing the Service, you agree that all matters
relating to access to, or use of, the Service
shall be governed by the laws of California without reference to its conflicts
of law principles. You also agree and hereby submit to
the non-exclusive personal jurisdiction and venue of the courts of California and you acknowledge that
you do so voluntarily. You acknowledge that you are also responsible for
complying with all local laws that may apply to you.
Registered Users
Certain portions, components, content and features of the Service are only
available to individuals who register with Greening Point and create a user
account on the Service (each, a “Registered User”). If you are a Registered User
then you agree to the following:
(i) In consideration of your use of the Service, you represent that you are at
least thirteen years of age (13) or older and are not a person barred from
receiving services under any applicable law. You also agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
any registration form(s) on the Service (the “Registration Data”) and (b)
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, Greening Point has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
portion thereof).
(ii) The Service may provide means for you to post or otherwise provide
information that is communicated to other users or that is available to the
general public. Please choose carefully the information you post on the Service
and that you provide to others via the Service. Your shared user profile (if
any) may not include the following items: telephone numbers, street addresses,
any photographs containing nudity, or any obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other users may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services,
and Greening Point assumes no responsibility or liability for this material. You
are solely responsible for your interactions with other users of the Service.
(iii) Registered Users will receive a password and account designation upon
completing the Service registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Greening Point of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session.
Acceptable Use Policy
You must comply with all policies regarding permitted and prohibited uses of the
Service that may be posted by Greening Point on the Service from time to time
and in accordance with Greening Point’s privacy policy (the “Privacy Policy”). You agree that
you will
regularly read and familiarize yourself with the all such appropriate use
postings and the Privacy Policy.
For the purposes of this Agreement, the term “Greening Point Community” means
any chat room, message board, blog, bulletin board, book review exchange or
similar activity where you and other users of the Service can communicate.
Your privilege to use the Service (including the Greening Point Community) and
contribute to discussions on the Greening Point Community depends on your
compliance with the community standards and any acceptable use postings. We may
revoke Your privileges to use all or a portion of the Service and/or take any
other appropriate measures to enforce community standards and any acceptable use
postings if violations are brought to our attention. Further, if you fail to
adhere to the community standards and any acceptable use postings, We may
terminate, in Greening Point’s sole discretion, your use of, or participation
in, the Greening Point Community. All Greening Point Community communications,
including, but not limited to, chat and message board communications, are public
and not private communications. We reserve the right to monitor some, all, or no
areas of the Service (including any Greening Point Community) for adherence to
the community standards and any acceptable use postings or for any other
purpose. You acknowledge that by providing you with the ability to distribute
Submissions (as defined below) in the Greening Point Community, we are acting as
a passive conduit for such distribution and we are not undertaking any
obligation or liability relating to any Submissions or activities in the
Greening Point Community. Although we reserve the right to remove, without
notice, any Greening Point Community posting for any reason, we have no
obligation to delete Submissions that you may find objectionable or offensive.
If there is any conflict or inconsistency between these Terms of Service, any
acceptable use postings and any other rules, policies or guidelines posted on
the Service, these Terms of Service will prevail.
With respect to any content, e-mails, postings, news articles, events,
marketplace listings, tips, offers, software, videos, photos, text, graphics,
music, sounds, questions, creative suggestions, messages, feedback, ideas,
recipes, notes, drawings, articles, stories or other information, data,
materials and opinions (including, without limitation any postings on community
forums) (”Submissions”) that you may provide, e-mail, post, upload or otherwise
transmit to the Service, you acknowledge and agree that all or any portion of
the Submissions may be used, edited, reproduced, published, translated,
sublicensed, copied and distributed and/or incorporated into other works in any
form, media, or technology now known or hereafter developed for the full term of
any copyright that may exist in such Submissions, without compensation of any
kind to you. You authorize and direct Greening Point to make such copies of such
Submissions as we deem necessary in order to facilitate the posting and storage
of the Submissions on the Service. By posting Submissions to any part of the
Service, you automatically grant, and you represent and warrant that you have
the right to grant, to Greening Point an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such Submissions for any purpose, to prepare
derivative works of, or incorporate into other works, such Submissions, and to
grant and authorize sublicenses of the foregoing. You waive in favor of
Greening Point any and all moral rights in such Submissions. Except as provided
in the Privacy Policy, none of the Submissions shall be subject to any
obligation of confidence on Greening Point’s part. We shall not be liable for
any use or disclosure of any Submissions. Without limitation of the foregoing,
you agree to defend, indemnify and hold Greening Point, its subsidiaries and
affiliates, and each of their directors, officers, agents, contractors, partners
and employees, harmless from and against any loss, liability, threatened or
actual claim, demand, damages, costs and expenses, including reasonable legal
fees, arising out of or in connection with any of your Submissions.
All content on the Service, including but not limited to designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the “Site Content”), are the
proprietary property of Greening Point or its licensors with all rights
reserved. No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without Greening Point’s prior
written permission. Provided that you are eligible for use of the Service and
subject to these Terms of Service, you are granted a limited license to access
the Service and the Site Content and to download or print a copy of any portion
of the Site Content to which you have properly gained access solely for your
personal, non-commercial use, provided that you keep all copyright and other
proprietary notices intact. Except for your own Submissions, you may not upload
or republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. The foregoing license is subject
to these Terms of Service and does not include use of any data mining, robots or
similar data gathering or extraction methods. Any use of the Service or the Site
Content other than as specifically authorized herein, without the prior written
permission of Greening Point, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws
including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Terms of Service shall be construed as conferring any license
to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
Our Trademark Notice applies to all Greening Point and related words, domain names and logos are trademarks
and the property of Greening Point, Inc. Other trademarks, service marks, product names,
logos and company names are the property of their respective owners.,
All portions of the Service, content, site design, text, graphics, and
the selection and arrangement thereof are Copyright © Greening Point, Inc. ALL
RIGHTS RESERVED. Our Trademark Notice also
applies to all portions of the Service.
External Sites and External Services
The Service contains (or you may be sent through the Service) links to other
websites (”External Sites”) as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software and
other content or items belonging to or originating from third parties (the
“Third Party Applications, Software or Content”). Such External Sites and Third
Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by Greening Point, and we
are not responsible for any External Sites accessed through the Service or any
Third Party Applications, Software or Content posted on, available through or
installed from the Service, including without limitation the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or
contained in the External Sites or the Third Party Applications, Software or
Content. Inclusion of, linking to or permitting the use or installation of any
External Site or any Third Party Applications, Software or Content does not
imply approval or endorsement thereof by us. If you decide to leave the Service
and access the External Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which
you navigate from the Service or relating to any applications you use or install
from the Service.
In some cases Greening Point may provide a portal
or link to other services where our role was to conclude the sale of the service
acting as a sales agent or authorized reseller ("External Services")
or to External Sites which may have a business relationship with Greening Point. Examples include links to
third-party sites that may offer Greening Point items for sale, links to
discussion groups, blogs or social networks operated by third parties, and other
services operated by third parties. These External Services are
independently operated and are not under the control of Greening Point. When
you use the External Services, you agree to abide by any terms of service,
acceptable use and privacy policies established by such External Services.
The External Services policies do not in any way relieve you of your obligation
to abide by this Agreement in connection with our Service.
The External Services operate according to their own policies. Consistent
with these External Service policies, Greening Point may receive information about
sales of products, services or customer usage of the External Services. We
will use this information in accordance with our own Privacy Policy and we will
also abide by any agreements we may have with the External Services regarding
protection of information. We encourage you to be aware when you leave our
Service to read the privacy statements of each and every website that collects
personally identifiable information.
If you post links to the Service on External Sites or External Services you must ensure they do
not contain any web content that if shared or posted by a you on the Service would be a
violation of this Agreement. (For example, it would be a violation of this
Agreement to post a link to the Service on a pornographic website.) Without
limiting the forgoing, you agree not to post a link on the Service on any
website that contains, or does not represent and
warrant that such website does not and will not contain, any content that is
infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory,
harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or
publicity rights or that may expose Greening Point or its Service users to any
harm or liability of any type. Upon including of a link, you agree to defend,
indemnify and hold Greening Point, its subsidiaries and affiliates, and each of
their directors, officers, agents, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable legal fees, arising out of or in connection with
any links, content, or other items or materials which may be shared or posted
through links, or any breach or alleged breach of the foregoing representations
and warranties.
Limitation of Liability
(i)
THE SERVICE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS,
WHERE IS” BASIS. GREENING POINT MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE,
CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SERVICE OR THE SITE
CONTENT. GREENING POINT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE SERVICE, THE USER
EXPRESSLY ACKNOWLEDGES THAT GREENING POINT MAKES NO WARRANTIES, REPRESENTATIONS
OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY,
ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE SERVICE GREENING
POINT INCLUDES LINKS TO EXTERNAL SITES OVER WHICH GREENING POINT HAS NO
CONTROL. GREENING POINT PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND
REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH
EXTERNAL SITES, AND YOU HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST
GREENING POINT WITH RESPECT TO SUCH EXTERNAL SITES.
EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF SERVICE, NONE OF GREENING POINT
OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE
LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE,
OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT
APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY,
DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS
OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY
OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL
NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED
PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN UNITED STATES DOLLARS
UNLESS OTHERWISE NOTED. WE RESERVE THE RIGHT TO LIMIT QUANTITIES.
General Provisions
Except where prohibited by applicable law, any claim, dispute or controversy
(whether in contract or tort, pursuant to statute or regulation, or otherwise,
and whether pre-existing, present or future) arising out of or relating to: (a)
these Terms of Service; or (b) the relationships which result from these Terms
of Service (collectively, the “Claim”) will be referred to and determined by a
sole arbitrator (to the exclusion of the courts). Except where prohibited by
California law, you waive any right you may have to commence or participate in
any class action against us related to any Claim and, where applicable, you also
agree to opt out of any class proceedings against us.
In any action against us arising from the use of the Service, the prevailing
party shall be entitled to recover all legal expenses incurred in connection
with the action, including but not limited to its costs, both taxable and
non-taxable, and reasonable legal fees.
If any provision of these Terms of Service shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. This Agreement, together with any acceptable use postings, Privacy
Policy and any Additional Terms, is the entire agreement between You and
Greening Point relating to the subject matter herein.
We may assign our rights and obligations under this Agreement. This Agreement
will inure to the benefit of our successors, assigns and licensees. The failure
of either party to insist upon or enforce the strict performance of the other
party with respect to any provision of this Agreement, or to exercise any right
under this Agreement, will not be construed as a waiver or relinquishment to any
extent of such party’s right to assert or rely upon any such provision or right
in that or any other instance; rather, the same will be and will remain in full
force and effect.
Notifications or Requests
To make any notifications or requests
pursuant to these Terms of Service, use this link to find our contact information.
Terms of Service Updates
Our Terms of Service may be updated or revised from time to time. The
current version of this policy is always available at our main website.