Terms of Use
As you know, we're committed to creating a unique place on the web. A place that's committed to inspiring and empowering people to live at their highest potential. As such, we have a unique Terms of Use.
Imagine walking into a yoga studio or a meditation room or a temple. Whatever stress you bring to the door dissolves as you breathe in the uplifting energy of that space.
We intend to provide our members with this same inspiring and empowering energy.
By accepting this agreement, you acknowledge that you are entering this community with reverence, compassion, respect for yourself, your fellow members, and the law, and a desire to grow and to give to the world.
So while you're here, instead of criticizing, create something new! Instead of trying to get someone to adopt your beliefs, try exploring a different perspective that incorporates both your views. Instead of resisting a challenging opinion, try to learn something either from the person or about yourself. Pay attention to what's best in others, and encourage it... and assume that others will do the same for you. :)
Finally, if you need more clarification, our community guidelines are as follows:
_________________
Gaia Community Guidelines
They're actually pretty simple.
1. Be yourself.
Seriously. We don't mean this in a superficial sense. Gaia Community provides the space for you to show up as your deepest, truest, most authentic self, so that you can see and encourage that spirit in others. So be that self! When you post, speak from your heart. When you respond to others, check in with yourself first, and commit to understanding your own reactions so that you can take responsibility for them. While you're here, work on being the most amazing 'you' that you can. And keep showing up from a place of reverence, compassion, and respect.2. Don't be anyone else.
In short, don't steal other people's stuff. Don't take credit for words or videos or images that aren't your own. Don't go around creating multiple profiles, or using other names. Don't be a jerk. And please, don't be your own evil twin. :)And one more reminder:
This should go without saying, but remember the Golden Rule? In case you've forgotten, it's "Treat others as you would like to be treated." Or as Jesus put it, "Do unto others as you would have them do unto you." Or in the words of Hillel, "What is hateful to do, do not to your fellow man." Muhammad's take? "Hurt no one so that no one may hurt you." And even Confucius say, "What you do not want others to do to you, do not do to others." We think those guys know what they're talking about.(This goes for spam, too. You don't like to be spammed, right? Right. So no spamming.)
_________________
To protect our little our oasis, should you choose to act in a manner inconsistent with these ideals, we reserve the right to terminate your account. (Meaning... we'll boot you out real quick-like :).
- The Team
And now for the legalese (no, we're not big fans of this language either):
GAIA COMMUNITY TERMS AND CONDITIONS OF USE
We welcome you to the Gaia Community websites, including Gaia.com and the other websites within the Gaia Community that display these Terms and Conditions of Use (collectively, the “Websites” or the “Community”). The Websites are designed to provide information about health, wellness and sustainability and to create a community of like-minded people interested in the topics we discuss (the “Service”). The Websites within the Gaia Community are owned by Gaiam, Inc. (“Gaiam”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITES.
1. Acceptance of Terms. This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of the Websites. By using any of our Websites, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Websites) or you are a "Member" (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Websites and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Websites. You agree to be bound by any modification to this Agreement when you use any of our Websites after any such modification is posted; it is therefore important that you review this Agreement regularly. If you are a Member, we will attempt to notify you when we update the terms of this Agreement.
2. General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Websites (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gaiam reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on our Websites is void where prohibited.
3. Children. Due to the nature of the internet, we cannot prohibit minors from visiting our Websites. Our Websites are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Websites. If you believe that a child has provided information to us through the Websites, please contact us by email at support@gaia.com or by writing us at Gaiam, INC, PO Box 3095, Boulder, CO, 80307-3095 Attn. Privacy Officer. We will use our best efforts to remove all of the information provided by the child from our system.
4. Member Account, Password and Security. If you register on one of our Websites, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gaiam (email: support@gaia.com) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Gaiam will not be liable for any loss or damage arising from your failure to comply with this paragraph.
5. Prohibited Conduct. You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
contains a virus or other harmful component.
6. Responsibility for Content. You, and not Gaiam, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Gaiam does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Gaiam be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content. You acknowledge that Gaiam may or may not pre-screen Content posted on our Websites, but that Gaiam shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Gaiam shall have the right to remove from our Websites any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Gaiam, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Gaiam (email: support@gaia.com).
8. Preservation/Disclosure. You acknowledge, consent and agree that Gaiam may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Gaiam, its Members and the public. Under no other circumstances will Gaiam intentionally disclose your account information to any third party.
9. Security Components. You understand that our Websites and software embodied within our Websites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gaiam and/or content providers who provide content to Gaiam. You may not attempt to override or circumvent any such security components and usage rules embedded into our Websites.
10. Non-commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved by Gaiam. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
11. Ownership of Content. Gaiam does not claim ownership rights in any Content you post on the Websites. Subject to the non-exclusive license contained in the following paragraph, as between Gaiam and you, you will retain all intellectual property rights that you may have in any Content that you post on the Websites.
12. License to Your Content. In order to be able to offer you the use of our Websites and the Service, you are required to grant a license to Gaiam to use and distribute your Content. This enables us to permit other visitors to the site to view and share your Content, and to display your Content in other places within the Websites. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Websites or the Service, you hereby grant to Gaiam a non-exclusive (meaning you can license the Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Websites, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your Content to create commercial products such as books. For purposes of this Section, “commercial products” does not include use on our Websites in any manner or any promotional materials we may create, whether online or otherwise. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at support@gaia.com to request the removal of certain Content you have posted, but Gaiam has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on Gaiam's servers after the Content appears to have been removed from our Websites, and Gaiam retains all rights granted in this paragraph to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Websites or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Websites or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
13. Gaiam and Third Party Content. Our Websites contain Content of Gaiam ("Gaiam Content"), and Content of third party licensors to Gaiam (including content provided by you and other users of our Websites, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Gaiam owns and retains all rights, title and interest in the Gaiam Content. Gaiam hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Gaiam Content and any third party Content located on or available through our Websites or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Websites and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Websites or Service.
14. Other Sites. Our Websites may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Gaiam does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply Gaiam’s endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.
15. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. Privacy Policy. Gaiam respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
17. Copyright Policy. Gaiam has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Websites or with the Service. Gaiam reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Websites by any user who is alleged to have infringed on the intellectual property rights of Gaiam or of a third party, or otherwise violated any intellectual property laws or regulations. Gaiam’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Gaiam to delete, edit, or disable the material in question, you must provide Gaiam with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Gaiam to locate the material; (d) information reasonably sufficient to permit Gaiam to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Gaiam either by e-mail at: support@gaia.com, or by U.S. mail to our designated agent for notification of infringement, John Jackson, at the address below.
18. Member Disputes. You are solely responsible for your interactions with other Members. Gaiam reserves the right, but has no obligation, to monitor disputes between you and other Members.
19. Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on any of our Websites. You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. Gaiam reserves the right to terminate your account or your access to our Websites immediately, with or without notice to you, and without liability to you, if Gaiam believes that you have breached any of the terms of this Agreement, furnished Gaiam with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 5, 6, 7, 8, 12, 14, and 18-29 shall survive termination of your use of the Service.
20. Disclaimer of Warranties. You expressly understand and agree that:
Your use of the Websites and the Service is at your sole risk. The Websites and the Service are provided on an "as is" and "as available" basis. Gaiam and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
Gaiam and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Websites or the Service will meet your requirements; (ii) the Websites or Service will be uninterrupted, timely, secure, error-free, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (iii) the results that may be obtained from the use of the Websites or Service will be accurate or reliable; and (iv) the quality of any Content, products, services, information or other material purchased or obtained by you through the Websites or Service will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
Any material downloaded or otherwise obtained through the use of our Websites or the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
21. Limitation on Liability. To the fullest extent permitted by applicable laws In no event WILL Gaiam, ITS AFFILIATES, SUBSIDIARIES, employees, agents, suppliers, OR contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the SERVICE, THE WEBSites or any website with which THEY ARE linked, even if Gaiam has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Gaiam's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Gaiam for the Services.
22. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
23. Indemnity. You agree to indemnify, defend, and hold harmless Gaiam, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Gaiam will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
24. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Websites, to obtain certain premium Content through our Websites, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our various Websites. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
25. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Websites (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Websites.
26. Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Gaiam and governs your use of the Websites and Service, superseding any prior agreements between you and Gaiam with respect to the Websites and Service.
27. Choice of Law and Forum. This Agreement and the relationship between you and Gaiam shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Gaiam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado.
28. Waiver and Severability of Terms. The failure of Gaiam to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
29. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. Questions. If you have any questions regarding this Agreement, please contact us by email at support@gaia.com, or by mail at Gaiam, INC, PO Box 3095, Boulder, CO, 80307-3095.
These terms of service were last updated on August 26, 2008.
GAIA COMMUNITY PRIVACY POLICY
This Gaia Community Privacy Policy (“Privacy Policy”) governs your use of the Gaia Community websites, including Lime.com, Zaadz.com (collectively, the “Websites”), which are owned by Gaiam, Inc. (“Gaiam”). We know how visitors like you value your privacy, and we have created this Privacy Policy to ensure that you understand our policies and procedures, what personal information you must provide if you wish to use certain portions of our Websites and, ultimately, just how we use such personal information. This Privacy Policy is a part of and is incorporated into our Gaia Community Terms and Conditions of Use. By accessing or using any of our Websites, you accept, without limitation or qualification, the terms of this Privacy Policy.
1. Information Collected By Our Websites
We collect two types of information from users of our Websites: personal information described below; and non-personal information such as information about traffic patterns on our Websites.
2. Personal Information
To access certain portions of our Websites, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.
When you make a purchase on one of our Websites, or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Websites.
3. How We Use Your Personal Information
We use the information collected on our Websites for a variety of purposes, including, but not limited to, running the Websites and contacting users. Our Websites may also make available to other registered users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize our Websites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of our Websites, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the “Opt Out Procedures” section below or by clicking on the “unsubscribe” link in every Gaiam e-mail. In addition, you can modify your information or change your preferences, as set forth in the “Reviewing or Changing Your Information” section below.
Information obtained through our Websites may be intermingled with and used in conjunction with information obtained through sources other than our Websites, including both offline and online sources.
4. Discussions and Community Tools
Our Websites may make chat rooms, forums, bulletin boards, news groups and other community tools available to registered users and/or visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for Gaiam to use. Please do not disclose any personally identifiable information in these publicly accessible areas of our Websites. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
5. Non-Personal Data
In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Websites, enhance our Websites and sell and deliver advertising.
6. Cookies
Certain features on our Websites utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you've visited. We may use cookies to enhance your experience on our Websites, to determine user traffic patterns and for other purposes.
Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of our Websites.
7. Opt Out Procedures
You have the option to opt out of receiving information from Gaiam and our Websites. This opt out messaging will appear at the bottom of every email that is sent out. If you no longer wish to take advantage of our Websites or receive any form of direct contact from Gaiam or our Websites, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: support@gaia.com.
8. Reviewing or Changing Your Information
In order to ensure that the information we maintain is accurate, Gaiam gives users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the "My Account" link on our various Websites or email us at support@gaia.com.
9. Sharing of Your Information
Gaiam may share your personal information: (i) with third parties who are under obligations of confidentiality with Gaiam or with Gaiam’s affiliates or subsidiaries, (ii) if Gaiam is required by law to do so, (iii) in the event of a transfer of ownership of Gaiam, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties:
We may employ other third parties to perform services or functions on our behalf in order to improve our Websites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us (collectively, "agents"). They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving Gaiam’s services and offerings.
We may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may serve other cookies. Our advertising partners may use the non-personal information they collect from our Websites, in the aggregate, to help us better market and serve our customers.
This Privacy Policy applies only to Gaiam’s Websites and does not address the practices of third parties who may collect your personal information. You may visit other websites, through links on our Websites, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others.
In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our affiliates or subsidiaries, or third party agents acting on their behalf.
Gaiam may be obligated to cooperate with various law enforcement inquiries. Gaiam reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Websites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Gaiam Community Terms and Conditions of Use or other rules or policies of our Websites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which Gaiam in its sole discretion deems improper.
10. Security
Providing a secure site is essential for your peace of mind and trust in Gaiam. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at support@gaia.com.
11. Protection for Children
Our Websites are not intended for users under the age of 18. Furthermore, we have no intention of collecting personally identifiable information from children (i.e., individuals under the age of 13). Where appropriate, we take reasonable measures to inform children not to submit such information to our Websites or in response to advertisements.
12. Privacy Precaution Warning
Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
13. Your Consent
You may have certain rights under various state and federal statutes that may apply to the personal and non-personal information collected by Gaiam online. By accepting the terms of this Privacy Policy and using our Websites, you are waiving all of such rights as to collection, use, disclosure and storage of your personally identifiable and non-personal information as described herein. You recognize that we are able to offer our Websites and services to you at our rates based upon these terms, which are an integral part of our contract for the provision of services.
By using our Websites and providing your personal information to us, you also authorize the export of your personal information to the USA, as well as its storage and use as specified herein. Our headquarters is located in the state of Colorado, in the USA. This Privacy Policy and our legal obligations are subject to the laws of Colorado and the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the State of Colorado.
We may amend our Privacy Policy at any time, without notice to you, by posting such revised Privacy Policy on this page, so you are always aware of what information we collect, how we use it and under what circumstances we may disclose it. Any changes will only apply to information collected after the change is posted.
This Privacy Policy was last updated on October 11, 2007.
GAIA PLUS TERMS OF SERVICE
Welcome! These are the Gaia Plus Terms of Service (“Gaia Plus Terms”). These Gaia Plus Terms are Additional Terms as set forth in the Gaia Community Terms of Use, and form a legal agreement between you (together with any business, entity or organization you are representing, “Member,” or “you”) and Gaiam, Inc. (“Gaia”) (collectively, the “parties”). They govern your access to and use of the Gaia Plus™ services, including all tools, resources, products and services (collectively, the “Services” or “Gaia Plus”).
1. Acknowledgments and Acceptance of Gaia Plus Terms
The Services are offered to you conditioned upon your acceptance without modification of these Gaia Plus Terms, the Gaia Community Terms of Use (“Terms of Use”), Gaia’s Privacy Policy, as well as any other guidelines, rules or operating policies that Gaia may establish and post from time to time, all of which are which are hereby incorporated by reference. By clicking the 'I accept these terms and conditions' button upon your registration for Gaia Plus, and each time you access Gaia Plus, you accept these terms and conditions. If you do not agree to the terms of these Gaia Plus Terms, you may not purchase, use or access the Services.
You represent that you have attained the age of majority in the province, state or country in which you reside, and that you are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
You are required to complete the registration form on the Sign Up page in order to use the Services. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in the registration form. You are responsible for maintaining the security of your Account, passwords, and files.
You acknowledge that, from time to time, it may be necessary for Gaia to update or revise certain provisions of these Gaia Plus Terms. Gaia reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion, and Gaia shall not be liable to you or any third party for any such modification, suspension or discontinuation of the Services. Any such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions, and notices, and any new terms posted. The most current version of these Gaia Plus Terms may be reviewed at any time at http://www.gaia.com/terms_of_use.
If you do not agree to any terms of these Gaia Plus Terms, or any future changes made by Gaia, your exclusive remedy is to cancel your Gaia Plus Services account (your “Account”). Except as otherwise expressly provided herein, any new features, tools or products that change, augment, enhance or upgrade the current Services shall be subject to these Gaia Plus Terms.
2. Description of Services
The Gaia Plus™ service is similar to the services available at Gaia.com, except that there are no advertisements on a Gaia Plus user’s profile page. In addition, users of the Gaia Plus service have access to our Resonance™ Engine, a service that connects members with other members who share their interests and reasons for being on the site. Use of Gaia Plus is subject to a monthly or annual subscription fee.
3. Free Trial, Fees and Payment
3a. Subscription fees (“Fees”) will be billed monthly or annually, or your pre-paid account will be debited monthly or annually, for Services. Gaia reserves the right to change or modify the fee schedule (including, without limitation, increasing prices and charging a fee for upgrades or a Service for which Gaia does not currently charge a fee) at any time. Gaia will strive to provide you with reasonable notice prior to making any fee changes or modifications.
3b. Payment for Services will be made by a valid credit card accepted by Gaia. If the monthly or annual payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Gaia to charge your credit card for such amounts on a regular monthly (or annual) basis beginning at the end of your free trial period. If Gaia is for any reason unable to effect automatic payment via your credit card, Gaia will attempt to notify you via email and your Account will be disabled until payment is received. Amounts paid for the Services are not refundable. You are responsible to notify Gaia of any changes to your credit card information and to update your information if your credit card has expired. Gaia may discontinue or otherwise interrupt your access to the Services if you fail to so notify Gaia. All fees shall be payable in U.S. dollars.
3c. All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Gaia's net income. You are responsible for obtaining and providing to Gaia any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
3d. You agree to pay your Account balance on time. You are responsible and liable for any fees, including attorney and collection fees, that Gaia may incur in its efforts to collect any remaining balances due from you. This paragraph shall in no way limit any other remedies available to Gaia. You are required to notify Gaia of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not so notify Gaia, you waive any right to dispute such problems or discrepancies.
4. Termination
4a. You may terminate these Gaia Plus Terms at any time, with or without cause, by notifying Gaia by email at support@gaia.com. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Gaia. Gaia will not be obligated to refund any pre-paid fees if you cancel your Account for any reason.
4b. Gaia may terminate these Gaia Plus Terms, disable or suspend your Account or your access to the Services, and/or put your Account on inactive status at any time, in its sole and absolute discretion, and with or without prior notice. If Gaia terminates your Account because you breach these Gaia Plus Terms or any related agreements or guidelines, Gaia shall have no liability to you or any third party because of such termination or action.
4c. Gaia has no obligation to save your Content in the event it terminates your Account as provided in these Gaia Plus Terms and will have the right to delete any of your Content within 30 days after the date of termination.
4d. If your account is classified as inactive for over 120 consecutive days by Gaia in its sole discretion, then Gaia shall have the right to deactivate your account and permanently delete all data and Content in your account, with or without notice and without liability to you. Gaia will not refund any amounts paid by you under these Gaia Plus Terms as a result of such deletion or any termination permitted under these Gaia Plus Terms. Gaia will attempt to contact you via email prior to taking any permanent removal actions.
GAIA PRO TERMS OF SERVICE
Welcome! This Zaadz zPro Terms of Service is a legal agreement (the “Agreement”) between you (together with any business, entity or organization you are representing, “Member,” or “you”) and Zaadz, Inc. (“Zaadz”) (collectively, the “parties”). It governs your access to and use of all Zaadz zPro tools, resources, products and services (collectively, the “Services” or “zPro”).
1. Acknowledgments and Acceptance of Terms
The Services are offered to you conditioned upon your acceptance without modification of this Agreement. By clicking the 'I accept these terms and conditions' button on the sign-up page and/or by logging in to Zaadz, you accept these terms and conditions. If you do not agree to the terms of this Agreement, you may not purchase, use or access the Services.
Subject to and in compliance with the terms more fully set forth in the remainder of this Agreement, you hereby acknowledge and agree that:
- Zaadz will not use your customer list/contact list or any other customer information for any purpose other than those intended with the Services.
- zPro may not be used for the sending of unsolicited email (sometimes called "spam").
- zPro may only be used for lawful purposes.
- Use of the Services is subject to the Prohibited Content and Commerce Statement.
- You will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
- You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
- Every email message sent in connection with the Services must contain the Zaadz "unsubscribe" link that allows contacts to remove themselves from your mailing list.
- You agree to process unsubscribe requests within a 10 day timeframe.
- You will adopt and maintain the Email Privacy Policy, which may be modified by Zaadz from time to time.
- Once you have completed your free trial period or have exceeded the free contact limit, the Services will be subject to monthly subscription fees ("Paid Services").
You represent that you have attained the age of majority in the province, state or country in which you reside, and that you are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
You must complete the registration form on the Sign Up page in order to use the Services. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in the registration form. You are responsible for maintaining the security of your Account, passwords, and files.
The Services are provided subject to this Agreement and any guidelines, rules or operating policies that Zaadz may establish and post from time to time, including without limitation Zaadz’s Email Privacy Policy, as linked from all email generated from Zaadz or otherwise furnished to you (the “Policy”). Unless otherwise stated, all references to the Agreement shall include the Policy. You should review the entire Privacy Policy at http://www.zaadz.com/terms_of_use, which is hereby incorporated by reference.
You acknowledge that, from time to time, it may be necessary for Zaadz to update or revise certain provisions of this Agreement. Zaadz reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion, and Zaadz shall not be liable to you or any third party for any such modification, suspension or discontinuation of the Services. Any such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions, and notices, and any new terms posted. The most current version of this Agreement may be reviewed at any time at http://www.zaadz.com/terms_of_use.
If you do not agree to any terms of this Agreement, or any future changes made by Zaadz, your exclusive remedy is to cancel your zPro Services (your “Account”). Except as otherwise expressly provided herein, any new features, tools or products that change, augment, enhance or upgrade the current Services shall be subject to this Agreement.
2. Description of Services
Zaadz’s professional suite (zPro) provides its users with access to a variety of tools and resources to collect visitor email addresses, create, launch, and manage online emails, and create a business profile around which to develop micro-communities hosted by Zaadz. You understand and agree that the Services may include advertisements and that these advertisements are necessary for Zaadz to provide the Services. You also understand and agree that the Service may include certain communications from Zaadz, such as service announcements, administrative messages and Zaadz newsletters, and that these communications are considered part of the zPro Services. However, you will be able to opt-out of receiving Zaadz newsletters. You understand and agree that the Services are provided “As-Is” and that Zaadz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, personalization settings, or web content.
3. Member Account, Password, and Security
3a. In order to access the Services, you will be required to provide specific registration information about yourself and/or your business. As part of the registration process, you will select a user name and password for your Account. You will not (1) select or use a user name of another person with the intent to impersonate that person; (2) use a name subject to the rights of any other person without authorization; or (3) use a user name that Zaadz determines in its sole discretion to be offensive or inappropriate. You agree to (1) provide true, accurate, current and complete information as prompted by the Services’ registration form and (2) maintain and promptly update the registration data to keep it true, accurate, current and complete. You shall maintain a valid email address at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zaadz has reasonable grounds to suspect that you have done so, Zaadz has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
3b. You are responsible for maintaining the confidentiality of your user name, password and Account, and are fully responsible for all activities that occur under your Account. You agree to (1) immediately notify Zaadz of any unauthorized use of your user name, password or Account, or any other breach of security; and (2) ensure that you exit from your Account at the end of each session. You understand and agree that you shall be liable for any activity performed by any persons or entities using the Services under your user name and password. Zaadz is not liable for any loss or damage arising from your failure to comply with this Section.
4. Free Trial, Fees and Payment
4a. Once you have completed your free trial period for the Services or have exceeded the free contact limit, you will be subject to monthly subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received.
4b. Fees will be billed monthly or your pre-paid account will be debited monthly for Services. The Fees are based on the highest number of contacts in your account at any time during the previous month. If selected by you, you will also be billed for premium image hosting services. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Zaadz. The Fee Schedule, including contact levels and prices, is subject to change at any time in Zaadz's discretion. Zaadz will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
4c. Payment for Services will be made by a valid credit card accepted by Zaadz. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Zaadz to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If Zaadz is for any reason unable to effect automatic payment via your credit card, Zaadz will attempt to notify you via email and your Zaadz account will be disabled until payment is received. Amounts paid for the Services are not refundable. You are responsible to notify Zaadz of any changes to your credit card information and to update your information if your credit card has expired. Zaadz may discontinue or otherwise interrupt your access to the Services if you fail to so notify Zaadz. All fees shall be payable in U.S. dollars.
4d. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through Zaadz using the zPro tools, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
4e. You are responsible for obtaining access to the Services, and you acknowledge and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
4f. Zaadz reserves the right to change or modify the fee schedule (including, without limitation, increasing prices and charging a fee for upgrades or a Service for which Zaadz does not currently charge a fee) at any time; provided, however, that Zaadz will provide you with reasonable notice prior to making any fee changes or modifications.
4g. All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes must be paid by you except for taxes based on Zaadz's net income. You are responsible for obtaining and providing to Zaadz any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
4h. You agree to pay your Account balance on time. You are responsible and liable for any fees, including attorney and collection fees, that Zaadz may incur in its efforts to collect any remaining balances due from you. This paragraph shall in no way limit any other remedies available to Zaadz. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated due to your breach of this Agreement. You must notify Zaadz of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not so notify Zaadz, you waive any right to dispute such problems or discrepancies.
4i. If you have registered for a limited-time trial of the Services (“Trial Period”), you will have the entire Trial Period within which to purchase the Services you are using in order to retain any Member content (as defined below) built during the trial period. If you have not purchased the Services by the end of the Trial Period, all of the Member content will be deleted. Zaadz is not responsible for any damages to you if you decide not to purchase the Services and Zaadz deletes the Member content after the Trial Period expires.
5. Restrictions and Responsibilities
5a. Zaadz will not use your customer list/contact list or any other customer information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties unless required by law.
5b. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. Furthermore, the Services must not be used for purposes outlined in Zaadz's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
5c. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your user name and password), use of the Services, or access to the Services.
5d. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
5e. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
5f. You may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by Zaadz in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
5g. The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5h. You acknowledge and agree that the Services and the Zaadz company names and logos and all related product and service names, design marks and slogans, are the property of Zaadz or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Zaadz. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5i. You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify, defend and hold harmless Zaadz and its business partners, third-party suppliers and providers, licensors, shareholders, parents, subsidiaries, affiliates, officers, directors, employees, distributors, agents and advisors from and against any losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, settlements, damages, costs, expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to, arising out of, or in connection with (1) an alleged violation of the foregoing, (2) your use of the Services including any member content, (3) your breach of this Agreement or your violation of the rights of any third party, (4) your acts and omissions and/or negligence. In addition, you acknowledge and agree that Zaadz has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although Zaadz has no obligation to monitor the content provided by you or your use of the Services, Zaadz may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5j. Zaadz reserves the right, at its own discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however, that you shall use best efforts to cooperate with Zaadz in such defense. These obligations will survive any termination of your relationship with Zaadz or your use of the Services. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Zaadz and/or its suppliers, affiliates, partners, subsidiaries and employees.
5k. For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by Zaadz" or a similar message. You agree to cooperate with and provide reasonable assistance to Zaadz in promoting and advertising the Services.
5l. In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Zaadz. Zaadz may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Zaadz, Zaadz may share your information with the Marketing Partner and the Marketing Partner may share information with Zaadz. Zaadz will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from Zaadz due to unsolicited commercial email being sent from your Zaadz account.
5m. If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case Zaadz's standard rates will apply. The Marketing Partner may notify Zaadz of any change in your status.
6. Email, Image Hosting & Permission Practices
6a. Every email message sent in connection with the Services must contain an "unsubscribe" link that allows contacts to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Zaadz. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
6b. You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Zaadz if you have questions).
6c. If you have used the zPro feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.
6d. You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a Zaadz template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
6e. You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Zaadz account.
6f. Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Zaadz cannot share with you the email addresses of those who complain about your email. You are responsible for ensuring that your emails do not generate a number of abuse complaints in excess of industry norms. Zaadz, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
6g. Images hosted by Zaadz may only be used in connection with the Service and for no other purpose whatsoever.
6h. You are responsible for complying at all times with the Zaadz Prohibited Content and Commerce Policy. Zaadz, in its sole discretion, may immediately disable your access without refund to the Services if Zaadz believes that you have violated any of the email and permission practices listed above, or the Zaadz Prohibited Content and Commerce Policy.
7. Content
7a. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (collectively, “Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Zaadz, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service (“Member Content”). Zaadz does not control the Content posted by you or other Members via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zaadz be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Zaadz or submitted to Zaadz.
7b. Although Zaadz firmly believes in the value of free and open expression of ideas, Zaadz reserves the right (without the obligation) to monitor, pre-screen, refuse, remove, or edit any Content stored on its servers in its sole discretion and without notice. You acknowledge, consent and agree that Zaadz may access, preserve, and disclose your Registration Data and Member Content if required to do so by law or as necessary to (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce this Agreement; (3) respond to claims that any Member Content violates the rights of a third-party; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of Zaadz, its Members, or the public.
7c. You understand that the technical processing and transmission of the Services, including your Member Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Services and the Software may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Zaadz and/or content providers who provide Content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content provided on the Services, in whole or in part, is strictly prohibited.
8. Copyright Infringement
Zaadz respects the intellectual property of others, and asks its Members to do the same. Zaadz may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Members who repeatedly post infringing material.
9. Member Conduct
9a. Your right to use the Services is personal to you and any authorized users from your business (if applicable). You, and not Zaadz, are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law or regulation. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Services. If the Services do not provide adequate facility or features for you to satisfy such obligations, then you shall not use the Services. You acknowledge that you should always use caution when posting any personally identifying information about yourself or your business or employees via the Services.
9b. If Zaadz believes, in its sole and absolute discretion, that any Member Content that you post is offensive or otherwise not appropriate (whether or not such Member Content violates a provision of this Agreement), Zaadz may (1) demand that you restrict access to such Member Content in any manner Zaadz deems appropriate; or (2) exclude such Member Content from any public areas of the Zaadz website or otherwise prohibit its display through the Services.
10. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country
11. Termination
11a. You may terminate this Agreement at any time, with or without cause, by notifying Zaadz in writing [through what mechanism?]. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Zaadz. Zaadz will not be obligated to refund any pre-paid fees if you cancel your Account for any reason.
11b. Zaadz may terminate this Agreement, disable or suspend your Account or your access to the Services, and/or put your Account on inactive status at any time, in its sole and absolute discretion, and with or without prior notice. If Zaadz terminates your Account because you breach this Agreement or any related agreements or guidelines, Zaadz shall have no liability to you or any third party because of such termination or action, and shall have no obligation to refund any credit balance or pre-paid fees to you.
11c. Zaadz will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email. Upon request, Zaadz will provide the list of unsubscribe requests from your last email. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
11d. If your account is classified as inactive for over 120 consecutive days by Zaadz in its sole discretion, then Zaadz shall have the right to permanently delete all contact and other data in your account, with or without notice and without liability to you. You shall not have any right to refund of any amounts paid to Zaadz under this Agreement as a result of such deletion or any termination permitted under this Agreement. Zaadz will attempt to contact you via email prior to taking any permanent removal actions.
12. Zaadzs’ Proprietary Rights
You acknowledge and agree that the Services and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. As between Zaadz and you, the following are and shall remain the sole property of Zaadz: (1) all rights, title and interest in and to the products and services delivered via the Services and any Content delivered in connection with the Services; and (2) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to the Services and such Content. Except as expressly authorized by Zaadz or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Zaadz for use in accessing the Services.
13. Disclaimer of Warranties
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. ZAADZ MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ZAADZ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ZAADZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, CONTRACT, TORT, OR OTHERWISE, SHALL ZAADZ OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "ZAADZ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, COMPENSATORY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR RELIANCE DAMAGES, EVEN IF ZAADZ SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ZAADZ IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), ZAADZ’S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ZAADZ FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE. JURISDICTIONS VARY IN THEIR ALLOWANCE OF EXCLUSION OR LIMITATION ON DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, Zaadz is not responsible for any of your data residing on Zaadz’s servers. You are responsible for backing-up your data and information that may reside on Zaadz’s servers, whether or not such data or information is produced through the use of the Services.
15. Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT, AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPLESSLY SET FORTH IN THIS AGREEMENT.
16. Notice
Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Zaadz website, or other reasonable means. You shall be solely responsible for keeping your email and postal addresses updated on your Account. Zaadz shall not be responsible for any undelivered notices caused by your failure to update such information.
17. No Agency
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Zaadz in any respect whatsoever.
18. Entire Agreement
The parties represent and agree that the Agreement is the complete and exclusive statement of their mutual understanding and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. Except as otherwise expressly provided herein, no delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
19. Severability
If any part of this Agreement is found to be invalid or unenforceable pursuant to applicable law, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
20. Choice of Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of California, USA without regard to its choice or law or conflict of laws principles. You expressly consent to the exclusive jurisdiction of federal and/or state courts located in Los Angeles County, California, USA to enforce this Agreement or for any other purpose in connection with the Services, and hereby waive all venue, jurisdiction and choice of law challenges or defenses.
21. Assignment
Zaadz may assign this Agreement, in whole or in part, at any time with or without notice to you. You shall not assign this Agreement, by operation of law or otherwise, without prior written approval by Zaadz. Any attempt to assign without prior written approval by Zaadz shall be void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT MAY BE ENTERED INTO ELECTRONICALLY, AND WITHOUT THE NECESSITY OF WRITTEN SIGNATURES.
