ACCEPTANCE OF TERMS OF USE
The Echoing Green website is provided free of charge to you by Echoing Green and its subsidiaries and affiliates (“Echoing Green”).
By visiting and/or using the Echoing Green website, you are indicating your agreement to be bound by these terms of use as such terms may be modified from time to time.
These Terms of Use, together with the Privacy Policy, Content Rights and License, Code of Conduct, and any applicable additional Terms of Use posted in connection with a particular service, product, digital product, or other media which are incorporated herein by reference, govern your use of the Echoing Green website and all services, products, digital products, and other media provided in connection with the Echoing Green website, including but not limited to any service, product, digital product, or other media provided to you by Echoing Green.
Echoing Green shall not be liable to you for any breach of these Terms of Use. If you do not agree to these Terms of Use, please do not visit or use this site. Your continued use of the Echoing Green website signifies your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Echoing Green website, including but not limited to all content, services, products, digital products, tools or other media is hereby expressly prohibited. Click here to read Echoing Green’s Content Rights and License.
PRIVACY POLICY
Any information provided by you or gathered by Echoing Green during any visit to the Echoing Green website shall be subject to the terms of Echoing Green’s Privacy Policy, which are incorporated herein by reference. Click here to read Echoing Green’s Privacy Policy.
MODIFICATIONS OF THESE TERMS OF USE
Echoing Green may modify these Terms of Use from time to time in its sole discretion. Each time you visit, use, or log on to the Echoing Green website, you will be deemed to have accepted any such changes. In the event we modify these Terms of Use, we reserve the right (at Echoing Green’s discretion) to provide you notice of such changes to any e-mail address you have provided to Echoing Green, if any. If you do not agree to these changes, please discontinue your use of the Echoing Green website.
MODIFICATIONS OF THE ECHOING GREEN WEBSITE
Echoing Green may modify or discontinue the Echoing Green website, or any portion thereof, or any content, services, digital products, products, tools, or other media related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
CONTENT OF MESSAGES
You alone are responsible for the content of your messages, and any consequences of such messages. Echoing Green reserves the right to terminate your access if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
You agree not to post to or use the Echoing Green website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Echoing Green monitors all comment sections of the website. Echoing Green reserves the right to refuse to post any comments for any reason. Echoing Green may or may not notify the user that her comment was not posted and may or may not provide a reason. Click here to read Echoing Green’s Code of Conduct.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Echoing Green, its partners, or affiliates. You further agree not to use an inappropriate username of any kind.
You acknowledge that (i) Echoing Green permits access to content that is protected by copyrights, trademarks, and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Echoing Green website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to Rights. The burden of determining that any information, software, images or any other content on the Echoing Green website is not protected by Rights rests with you. You acknowledge that Echoing Green may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content to the comments section of any pages on the Echoing Green website, you grant Echoing Green a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights, in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Echoing Green website retains any and all Rights that may exist in such content.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY AREA ON THE ECHOING GREEN WEBSITE, YOU HEREBY EXPRESSLY PERMIT ECHOING GREEN TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT ON THE ECHOING GREEN WEBSITE.
NOTIFICATION OF ANY POSSIBLE COPYRIGHT INFRINGEMENT
In the event you believe that material or content published on the Echoing Green website may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Echoing Green, 462 Seventh Avenue Thirteenth Floor, New York, NY 10018 and send a detailed email message to info@echoinggreen.org
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE ECHOING GREEN WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, TOOLS, PRODUCTS, AND OTHER MEDIA, IS AT YOUR SOLE RISK. THE ECHOING GREEN WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECHOING GREEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ECHOING GREEN MAKES NO WARRANTY THAT THE ECHOING GREEN WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ECHOING GREEN MAKE ANY WARRANTY AS TO THE RESULTS OF SUCH USE OF THE ECHOING GREEN WEBSITE. ECHOING GREEN WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE ECHOING GREEN WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ECHOING GREEN WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT ECHOING GREEN DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE ECHOING GREEN WEBSITE. ECHOING GREEN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OF THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT ECHOING GREEN IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ECHOING GREEN ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
ECHOING GREEN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED ON THE ECHOING GREEN WEBSITE. YOUR PARTICIPATION IN AND CONTRIBUTIONS TO THE ECHOING GREEN WEBSITE ARE SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE ECHOING GREEN WEBSITE OR FROM ECHOING GREEN, ITS EMPLOYEES, CONSULTANTS, AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ECHOING GREEN MAKES NO WARRANTY REGARDING ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, CONTENT, OR TOOLS PURCHASED OR OBTAINED THROUGH THE ECHOING GREEN WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ECHOING GREEN WEBSITE.
ECHOING GREEN IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE ECHOING GREEN WEBSITE. ECHOING GREEN MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH ECHOING GREEN MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST ECHOING GREEN WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
ECHOING GREEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE ECHOING GREEN WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE ECHOING GREEN WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES EVEN IF ECHOING GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold each of Echoing Green, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Echoing Green website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
APPLICABLE LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By visiting the Echoing Green website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
REMEDIES FOR BREACH OF THESE TERMS BY YOU
In the event that Echoing Green determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Echoing Green website, Echoing Green reserves the right to (i) warn you via email (to any email address you have provided to Echoing Green) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the Echoing Green website; (iii) discontinue your ability to access the Echoing Green website; (iv) discontinue your subscription to any digital product, product, content, tool, or service accessed or obtained through the Echoing Green website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action which Echoing Green deems to be appropriate.
If your ability to access the Echoing Green website, any other Echoing Green community, and/or any service, product, content, tool, or digital product provided to you by Echoing Green is discontinued due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of the Echoing Green website, then you agree that you shall not attempt to access the Echoing Green website, any other Echoing Green community, and/or any service, product, content, tool, or digital product provided by Echoing Green, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Echoing Green reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i) through (vi) of this provision without any notice or warning to you.
MISCELLANEOUS
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use 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 remain in full force and effect.
Echoing Green may assign its rights and obligations under these Terms of Use and upon such assignment Echoing Green may be relieved of any further obligation hereunder.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Echoing Green website) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Echoing Green, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
Echoing Green reserves the right to terminate free access to the Echoing Green website including any or all content, services, digital products, products, or tools with or without notice to you. Echoing Green reserves the right (at its sole discretion) to provide you with notice of such change by prominently posting a notice on the Echoing Green website and/or sending written notice to you at any email address you have provided to Echoing Green.
