Terms and Conditions
- Introduction
1.1. Unity Earth, Inc. offers the information and services (individually and collectively the Services) available through www.purposeearth.org (the "Website") upon your acceptance of these Terms and Conditions, our Privacy Policy, and other posted notices and agreements.
1.2. Use of the Services indicates acknowledgment and agreement with these Terms and Conditions, our Privacy Policy, and other posted notices and agreements. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the Website.
1.3. Unity Earth shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms and Conditions without notice or liability to you, but has no obligation to do so.
1.4. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES AND WEBSITE ARE AT YOUR SOLE RISK. UNITY EARTH RESERVES THE RIGHT TO DELETE UPLOADED CONTENT AND TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER UNITY EARTH DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS AND CONDITIONS.
- Access to Website
2.1. Unity Earth makes no claims that the Website may be lawfully accessed in any specific location. Access to the Website may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration.
2.2. Any users accessing the Website or purchasing Services must be at least fourteen (14) years of age.
2.3. If users are under 13 years of age, then they must have the consent of a parent or guardian to use the Website.
2.4. By approving registration of users under the age of 13 years, any parent or legal guardian expressly consents to such use of the Website and agrees to be bound by these terms and conditions, including liability for the under 13 years of age student.
2.5. In order to remove your child's information please contact the Company at the following email address: ________________________________.
2.6. The Company adheres to the following COPPA tenets:
2.6.1. The Company will not require a child to disclose more information than is reasonably necessary to participate in an activity.
2.6.2. Parents can review their child's personal information, direct the Company to delete it, and refuse to allow any further collection or use of the child's information.
2.6.3. Parents can agree to the collection and use of their child's information, but still NOT allow disclosure to third parties unless that such disclosure is part of the Company's services.
2.6.4. Parents can review, delete, manage or refuse with whom their child's information is shared through account settings on the website, through emailing Company's support staff or contacting the Company directly.
2.6.5. The Company will notify parents directly before collecting personally identifying information from their child.
2.6.6. Parents can give consent by signing a consent form and send it back to the Company via fax, mail, or electronic scan or contacting us directly.
- Your Conduct
3.1. Unity Earth specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by Unity Earth.
3.2. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
3.2.1. Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
3.2.2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3.2.3. Attempting to interfere with service to any user, host or network.
3.2.4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
3.2.5. Scraping or harvesting data.
3.3. Violations of system or network security or inappropriate conduct may result in civil or criminal liability.
- User Information
4.1. You are solely responsible for the information you input or upload to the Website and warrant and represent you have the right and authorization to input or upload all such information.
4.2. If you register on the Website or obtain information, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.
- Username and Password
5.1 You are responsible for maintaining the confidentiality of your username and password and are responsible for all uses of your username and password.
5.2. You are not authorized to share your username and password with any third party.
5.3. You agree to immediately notify Unity Earth of any unauthorized use of your username or password.
- Use of Services
6.1. The Services are offered with the understanding that Unity Earth assumes no responsibility or liability whatsoever on the behalf of users. Any use of the Services is solely at your own risk.
6.2. Each user is solely responsible for deciding whether the Services are suitable for their own purposes and whether the Services match their needs.
6.3. Under no circumstances is Unity Earth providing advice or consultation. Users are encouraged to undertake independent research and/or seek appropriate professional advice as relates to their use of the Services.
- User Submissions
7.1. Each user acknowledges and agrees that they are solely responsible for the form, content and accuracy of any information submitted to the Website, and shall retain the ownership and copyright to such information.
- User Comments and Suggestions
8.1. While Unity Earth values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
8.2. If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of Unity Earth in whole or in part.
8.3. No part of the submissions shall be subject to any obligation of confidence and Unity Earth shall not be liable for any use or disclosure.
- Intellectual Property
9.1. "Unity Earth" and "Purpose Earth" and any other Unity Earth trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Unity Earth.
9.2. The Website is the sole and exclusive property of Unity Earth and is protected by copyright, trademark, and other laws of the United States and other countries.
9.3. You may not sell or modify the Website content, or reproduce, display, publicly perform, distribute, or otherwise use the Website content or Services in any manner or for any purpose.
- Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
10.1. If you believe that any copyrighted work is accessible on or through these Services in a way that constitutes copyright infringement, please notify Unity Earth by providing our designated copyright agent with the following information:
10.1.1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
10.1.2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
10.1.3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring;
10.1.4. Your name, address, telephone number, and e-mail address;
10.1.5. A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law;
10.1.6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
10.2. Upon receipt of notification of a Notice of copyright infringement, Unity Earth may remove or disable access to the alleged infringing material, or terminate the alleged infringer's access to its account.
10.3. The alleged infringer may provide a written Counter Notification meeting the following criteria:
10.3.1. 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;
10.3.2. A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
10.3.3. Your name, address, telephone number, and e-mail address;
10.3.4. Consent to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer's address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
10.3.5. A statement, under penalty of perjury, that the alleged infringer 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.
10.4. We have designated _______________________ as our agent to receive notices of claims of copyright infringement on our website.
- WARRANTY DISCLAIMERS
11.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, UNITY EARTH DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED.
11.2. UNITY EARTH HAS NO FIDUCIARY OBLIGATIONS AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH OCCURRENCES AS THE WEBSITE NOT OPERATING ERROR-FREE OR OPERATING WITH COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
- LIMITATION OF LIABILITY
12.1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USERS UNDERSTAND AND AGREE THAT NEITHER UNITY EARTH NOR ITS SUBSIDIARIES, AFFILIATES, NOR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
12.2. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR INFORMATION, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO UNITY EARTH.
- INDEMNITY
13.1. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS UNITY EARTH, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND.
- ADDITIONAL TERMS AND CONDITIONS
14.1. Nothing in these Terms and Conditions is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal/agent relationship between Users and Unity Earth.
14.2. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York.
14.3. Users are responsible for complying with United States export controls and for any violation of such controls.
14.4. If any court having competent jurisdiction holds any provision of this Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law.
14.5. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim.
14.6. Users consent to the use of electronic means to deliver any notices pursuant to these Terms and Conditions.
14.7. Users may not assign these Terms and Conditions or any of its rights or obligations hereunder.
14.8. This Agreement shall create rights and obligations only between Unity Earth and each individual user and does not create any rights for any other parties.
14.9. These Terms and Conditions constitute the entire agreement between and among users and Unity Earth pertaining to the subject matters hereof, and supersede all negotiations and understandings.
14.10. Any questions about these Terms and Conditions may be directed to: hello@purposeearth.com