Terms and conditions
Greenwala.com, The Green Social Network is a website (the “Website”) for sharing green facts, engage in a community, view photos & videos and participate in marketing campaigns with other green lovers. It is operated by Greenwala, Inc., a privately held company in Irvine, CA, USA.
IMPORTANT - PLEASE READ CAREFULLY. THESE TERMS OF SERVICE ARE A LEGALLY BINDING AGREEMENT BETWEEN GREENWALA AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY). THE TERMS OF SERVICE ALONG WITH ANY POLICIES THAT MAY BE POSTED ON THE WEBSITE (COLLECTIVELY THE “TERMS OF SERVICE”) SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE WEBSITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.
ACCEPTANCE
You acknowledge and agree that by opening, accessing, using, downloading or browsing the Website including all content available on or through the Website, you consent to these Terms of Service.
ELIGIBILITY
In order to use the Website, you must be 18 or over, or of the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. Children under 13 are not permitted to use the Website.
MODIFICATIONS
We reserve the right to modify or terminate the Greenwala.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. By continuing to use the Website or Service following any such modification, You accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE OR SERVICE.
REGISTRATION
In order to use certain features of the Website, You will have to register with a username and create a unique, password-protected account with a username (“Your Account”). We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Greenwala reserves the right to delete Your Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and e-mail address. You agree to (a) immediately notify Greenwala 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. You will be solely responsible for safeguarding your password and also for any actions under Your Account, whether authorized by you or not. Greenwala cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
GREENWALA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Website uses and contains proprietary and confidential technology and information owned by or licensed to Greenwala, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through the Website, including without limitation all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, “Greenwala Content”) is copyrighted by Greenwala and its licensors under United States and international copyright laws. Other than with respect to Your Materials, and as expressly set forth in this Agreement, the Greenwala Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Greenwala. You must abide by all copyright notices, information, or restrictions contained in or attached to any Greenwala Content. “Greenwala,” the Greenwala logo, “greenwala.com,” “The Green Social Network,” “treewala”, the people in the A as part of the logo and "Live Life Greener" are trademarks (collectively, the “Marks”) of Greenwala, Inc. Ownership of all Marks and the goodwill associated therewith remains with Greenwala and you are not authorized to use any such Marks.
APPROPRIATE CONDUCT AND CONTENT
You may not use the Website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (”Materials”) that you submit, post, and display on the Website (“Your Materials”). We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
YOUR PERMISSION
Subject to your acceptance and compliance with these Terms of Service, Greenwala hereby grants you permission to access and use the Website, provided that you shall not (and not allow third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iv) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews; (v) collect or harvest any information about other users or members (including usernames and/or e-mail addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Website; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or store any content offered on the Website for other than your own personal, non-commercial use; (xii) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
While Greenwala prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Website at your own risk.
YOUR MATERIALS
Ownership. Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Materials unless you are a member of the Greenwala team as an employee, contractor/blogger. Greenwala shall not acquire any right, title or interest in or to Your Materials, except as provided herein.
License. By submitting, posting or displaying Your Materials on or through the Website, you automatically grant to us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Materials or any part thereof. You hereby expressly waive any and all so-called moral rights You may have in Your Materials.
Points. You agree that as you earn points on Greenwala you will not receive compensation for points earned. At different levels you will have the opportunity to donate the monetary value of points earned to a pre-approved Greenwala non-profit partner.
Authority. You hereby represent and warrant to Greenwala that: (i) you are the owner - or the authorized agent of the owner - of Your Materials; (ii) you have the right to grant the licenses granted under this Agreement; (iii) your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (iv) your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign. In addition, you hereby represent and warrant that Your Materials, (i) and Greenwala’s use thereof pursuant to this Agreement do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right, (ii) do not contain any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts, (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene, (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Website, (v) do not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances, (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Materials are created, displayed or accessed, (vii) do not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, permit unauthorized access to the Website or any part thereof or disable, damage or erase any portion of the content or advertisements processed or stored therein; or (viii) do not constitute unsolicited bulk e-mail, junk mail, spam or chain letters.
POLICIES
Your use of the Website is subject to all applicable technical and non-technical specifications, guidelines and policies which Greenwala may provide from time to time including but not limited to the Privacy Policy located at [Link Here] (hereinafter collectively referred to as “the Policies”). You agree and undertake to comply with the Policies to enable, as applicable, proper distribution, delivery and display of Your Materials. In addition, certain services, contests and events offered on the Website shall be subject to specific rules and conditions that may apply to these services. Your participation in such services, contests and online events shall be subject to your compliance with such rules for which you shall be solely responsible.
COPYRIGHT POLICY
Policy. It is Greenwala’s policy to comply with the DMCA or any equivalent law in other countries where the Website is made accessible. Greenwala shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
Copyright Notice. Copyright owners or any agents thereof who believe that any Content infringes upon their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. Such written notice should be sent to our designated agent as follows:
______________
Greenwala, Inc.
3943 Irvine Blvd.
Irvine, CA 92602.
E-mail: info@greenwala.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
INDEMNITY
You will indemnify, defend and hold Greenwala and its sponsors, officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Greenwala Entities”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) Your Materials or any other information or material you submit; (iii) your conduct, including your use of the Website; (iv) any violation or breach of this Agreement; or (v) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Website (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Greenwala Entities. Greenwala shall have the right, in its sole discretion, to select its own legal counsel to defend Greenwala from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by Greenwala in connection therewith. You shall notify Greenwala immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Greenwala’s ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of Greenwala, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Greenwala.
DISCLAIMER OF WARRANTIES
Greenwala Entities disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Website. Greenwala Entities disclaim any and all responsibility and liability for the conduct of any user of the Website.
THE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WEBSITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GREENWALA ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE WEBSITE OR ANY SERVICE OFFERED ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR, AND RELEASE GREENWALA ENTITIES FROM, ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISE FROM (i) ANY INTERACTIONS WITH OTHER USERS OF THE WEBSITE, AND (ii) YOUR PARTICIPATION IN ANY CONTEST OR OTHER ONLINE EVENT OFFERED ON THE WEBSITE.
LIMITATION OF LIABILITY
GREENWALA ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEBSITE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GREENWALA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. LIABILITY OF GREENWALA ENTITIES TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GREENWALA FOR THE WEBSITE, BUT IN NO CASE WILL .
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.
THIRD PARTY CONTENT
The Website may contain third party content, advertisements and links to other websites. Greenwala is not responsible for the third party content, accuracy or opinions expressed on third party websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Greenwala. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Greenwala. When you access these third-party websites, you do so at your own risk. Greenwala takes no responsibility for third party content and/ or advertisements which are posted on the Website nor does it take any responsibility for the goods or services provided by its advertisers.
TERM AND TERMINATION
These Terms of Service will apply to your use of the Website. We may terminate your account/membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
NOTICES
Greenwala may provide you with notices regarding the services made available on the Website or these Terms of Service by regular mail, e-mail, or postings to the Website.
MISCELLANEOUS PROVISIONS
Governing Law; Venue and Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Orange County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Orange County, California.
Dispute Resolution. Any dispute arising in connection with these Terms of Service shall be finally settled by arbitration. The arbitration shall be held in Orange County, California, and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Orange County, California. The arbitration shall be conducted in the English language, and judgment upon the award rendered may be entered in any court having jurisdiction. Each party shall bear its own expenses, but the arbitrator’s fees and costs shall be borne equally between the parties participating in the arbitration.
Severability. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Assignment. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Force Majeure. Without limiting the foregoing, under no circumstances shall Greenwala be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Entire Agreement. These Terms of Service constitute the entire agreement between you and Greenwala with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
