Earthinks Terms and Conditions
Thank you for becoming a contributor to Earthinks. By using the Earthinks app and using our services, you agree to the terms and conditions as follows in this document. The following terms regard the services provided by Earthinks®, (www.earthinks.nl) which is located at 10 Hydeparklaan, Doorn, 3941ZJ, The Netherlands. You can contact us by sending an email to firstname.lastname@example.org. All references to Earthinks in this text refer and protect the ownership rights of Origame, B.V. By using our Services, you are agreeing to these Terms and Conditions, User Code of Conduct (section 2 see also sections 4 and 5), and Statement of Rights and Responsibilities. Details of the agreement are included in sections 1 through 13 and related subsections. Please read them carefully. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
A. Services, Statement of Rights and Responsibilities
You must follow any policies made available to you within the Services. This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") and is Earthinks terms of service that governs our relationship with users and others who interact with Earthinks. By using or accessing Earthinks, you agree to this Statement, as updated from time to time in accordance with Section 10 in this statement. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: April 10, 2013
B. Detailed Agreement Terms and Conditions
- Sharing Your Content and Information
You own all of the content and information you post on Earthinks and you can control how it is shared through your privacy. In addition:
- For content that is covered by intellectual property rights, like photos (IP content), you specifically give us the following permission, subject to your privacy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Earthinks (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information or photos, it means that you are allowing everyone, including people not members of Earthinks, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Earthinks, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- User Conduct Agreement
We do our best to keep Earthinks safe, but we cannot guarantee it. We need your help to keep Earthinks safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Earthinks.
- You will not collect users' content or information, or otherwise access Earthinks, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing on Earthinks
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Earthinks to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Earthinks, such as a denial of service attack or interference with page rendering or other Earthinks functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
Earthinks users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Earthinks, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Submitted User Content
- We welcome and encourage you to submit your photos and post comments to the Earthinks website.
- Keep it respectful. Don’t be abusive towards others. We encourage open and candid discussions and debates, however, all communications should be civil. Differences of opinion are okay, personal attacks are not.
- We cannot accept libellous, obscene or otherwise illegal material. And submissions may mention but should not promote a particular product or service.
- Stay on topic. Comments and contributions to the Website or social media channels should be relevant to the topic being discussed. Off-topic posts or those that do not provide substantive purpose or relevance will be removed.
- Any activity (photos posted or discussion) which does not meet our user conduct standard (Earthinks) will be removed. In cases of more than one abuse, the participant can be banned from the site. Decisions on User Conduct are made by the Earthinks Administrator.
- Protecting Other People's Rights
- We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Earthinks that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Earthinks if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.
- Mobile and Other Devices
- We currently provide our App, photo upload and other services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. (*Apple Store costs are not ours, and are not included in this statement).
Please be aware that as a member of Earthinks you are offered services which are currently offered and available free of charge. *(3rd party distribution costs are not ours). Also the Earthinks App is available without charge at this time. This is a condition which could change in the future. You will be notified at least one month in advance of a change in service and given the option to end your account if the cost model, business model and or service charges are changed by our organization, Earthinks.
- Special Provisions Applicable to Moderators
If you are made a moderator by creating a Thinkspot, you agree to the following
- Only authorized members may function as Moderator for a Thinkspot.
- Thinkspots and their moderators are approved by the Earthinks administrator.
- Content posted to the Thinkspot is public and viewable by everyone who views the Thinkspot
- As moderator, you can invite members to the Thinkspot. You can also choose not to accept an individual’s request to join your Thinkspot, but denial to membership cannot be for discriminatory reasons.
- You understand that being a moderator has privileges and responsibilities, which can be removed if you do not fulfill your responsibilities.
- You agree to review and publish only photos which comply with the User Conduct of Earthinks (see section 4. User Conduct).
- You agree to alert the Earthinks website administrator of abuse or illegal postings on your Thinkspot.
- You understand that you can be removed as moderator if you fail to complete comply with these provisions.
- You agree to use proper language in your posting as moderator.
- You agree not to download other members’ intellectual property, photos, etc. without the member’s permission.
- If you collect content and information directly from users, you will make it clear that you (and not Earthinks) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.
- Special Provisions Applicable to Software
- If you download our software (app), such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with fourteen 14 days notice (for example, by posting the change on the Earthinks and an opportunity to comment on changes to this Statement). If we make changes to policies referenced in or incorporated by this Statement, we may provide notice. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. Your continued use of Earthinks following changes to our terms constitutes your acceptance of our amended terms.
- About these Terms
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Earthinks and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms listed in this agreement.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Earthinks services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but your responsibilities as described in this agreement will still apply.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Earthinks