SuperGreenMe.com Terms and Conditions of Service
Welcome to SuperGreenMe.com.
Please read these Terms; by using this website, you accept these terms.
Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SUPERGREENME governing your use of this site www.supergreenme.com (the "Site").
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify SuperGreenMe of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless SuperGreenMe from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by SuperGreenMe and processing of such data by SuperGreenMe in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to SuperGreenMe in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
SUPERGREENME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You agree that SuperGreenMe's sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL SUPERGREENME, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TRAVEL AND TOURS.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
Although SuperGreenMe does not routinely monitor the postings to the Site, SuperGreenMe reserves the right (but assumes no obligation) to delete, move, or edit any User Content that comes to its attention that SuperGreenMe considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of SuperGreenMe, restricts or inhibits any other user from using or enjoying the Site will not be permitted. SuperGreenMe reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any copyright or trademark laws.
The Site may provide, or third parties may provide, links to other sites or resources. Because SuperGreenMe has no control over such sites and resources, you acknowledge and agree that SuperGreenMe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SuperGreenMe shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
User Conduct - Community and social media sites, chat rooms, forums, and blogs
SuperGreenMe wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than SuperGreenMe. SuperGreenMe neither endorses nor guarantees the accuracy of any User Content. SuperGreenMe does not always preview, censor, approve, edit, or endorse User Content and therefore, cannot guarantee that inappropriate material will not be posted. SuperGreenMe may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, it engages in no routine monitoring of the Site. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:
1. Abide by the Community and SuperGreenMe Rules for Members (which are fully incorporated into these Terms);
2. Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports SuperGreenMe's mission of inspiring people to care about the earth.
3. Represent that you are the owner of the User Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for use of any User Content that you post, and nothing you post will infringe on the rights of others;
4. Neither post nor transmit any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other User Content that infringes on the ability of others to enjoy the Site, or is otherwise inappropriate;
5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user.
6. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service;
7. Not post anonymously or impersonate any other person; and
8. (a) Make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, (b) make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and (c) neither circumvent nor disable any security or data-protection measures implemented by SuperGreenMe.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SUPERGREENME RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Responsibility for what is posted on SuperGreenMe's community and social media sites, or in chat rooms, forums, blogs and other public posting areas on SuperGreenMe.com lies with each user -- you alone are responsible for material you post. SuperGreenMe does not control the messages, information or other content that you or others may provide through SuperGreenMe.com. You may use SuperGreenMe.com for lawful purposes only.
By using SuperGreenMe.com, you agree not to submit, post or transmit through SuperGreenMe.com any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to SuperGreenMe.com, or any account, computer system, or network connected to SuperGreenMe.com, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of SuperGreenMe.com.
- Impersonates any person, business or entity, including SuperGreenMe and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including SuperGreenMe;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of SuperGreenMe.com that may require registration;
- Results in a single message being posted to more than five areas of any SuperGreenMe Site, results in any message being posted to any area of SuperGreenMe.com if that message is, in our view, off-topic or in violation of these Terms; or
SuperGreenMe requires you not to use SuperGreenMe.com to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to SuperGreenMe.com, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
You agree to indemnify, defend, and hold harmless SuperGreenMe; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any SuperGreenMe Site using your account.
SuperGreenMe reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with SuperGreenMe in asserting any available defenses.
User Generated Video
In submitting user-generated video to SuperGreenMe.com, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant SuperGreenMe, SuperGreenMe's joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "SGM Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Video Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the SGM Parties may or may not earn or generate through its use of your Video Submission.
SGM Parties' Right to Use Your Video Submission. You grant the SGM Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the SGM Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the SGM Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for the SGM Parties' Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the SGM Parties' use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the SGM Parties' use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the SGM Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that the SGM Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the SGM Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
Use of Materials
With the exception of any and all Video Submissions (SuperGreenMe's permitted use of which is discussed above) and any material posted on SuperGreenMe's community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of SuperGreenMe and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on SuperGreenMe's community and social media sites, you are granting to SuperGreenMe, and to anyone authorized by SuperGreenMe, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on SuperGreenMe's community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant SuperGreenMe, and anyone authorized by SuperGreenMe, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as SuperGreenMe deems appropriate.
The materials available through SuperGreenMe.com are the property of SuperGreenMe or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through SuperGreenMe.com. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on SuperGreenMe.com in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on SuperGreenMe.com, and to tell them how to find it.
We welcome links to SuperGreenMe.com. You are usually free to establish a hypertext link to SuperGreenMe.com so long as the link does not state or imply any sponsorship or endorsement of your site by SuperGreenMe.com or by SuperGreenMe. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on SuperGreenMe.com.
You agree not to use SuperGreenMe.com to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
No Spamming or Spimming
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
Without the prior written permission of SuperGreenMe, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of SuperGreenMe.com, or incorporate any intellectual property of SuperGreenMe.com, SuperGreenMe or any of their licensors into another website or other service.
Disclaimer of Warranties and Liability
We work hard to make SuperGreenMe.com an interesting and enjoyable place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of SuperGreenMe.com.
YOU AGREE THAT YOUR USE OF SUPERGREENME.COM IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH SUPERGREENME.COM, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON SUPERGREENME.COM OR ANY MATERIAL AVAILABLE THROUGH SUPERGREENME.COM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH SUPERGREENME.COM.
SUPERGREENME.COM IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. SUPERGREENME.COM AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH SUPERGREENME.COM, NOR DO THEY GUARANTEE THAT SUPERGREENME.COM WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT SUPERGREENME.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL SUPERGREENME.COM, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF SUPERGREENME.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SUPERGREENME.COM, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF SUPERGREENME.COM, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO SUPERGREENME.COM WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO SUPERGREENME FOR THE USE OF SUPERGREENME.COM.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Brisbane, Queensland, Australia. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of Brisbane, Queensland, Australia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-Australian company but operate in a place of business in Australia, you expressly agree that any dispute regarding this contract shall be adjudicated within Australia in the manner described here. If SuperGreenMe is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse SuperGreenMe for its respective legal fees, costs, and disbursements if SuperGreenMe is successful.
If you disagree with any material you find on SuperGreenMe.com, or if you want to bring to our attention any material you believe to be factually inaccurate, please Contact Us.
The material that appears on SuperGreenMe.com is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on SuperGreenMe.com, you should confirm any facts that are important to your decision. SuperGreenMe and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on SuperGreenMe.com. SuperGreenMe is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by SuperGreenMe or its licensors.
SuperGreenMe staff works hard to ensure that information we post to SuperGreenMe.com is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don't go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you're not looking at an out-of-date report.
In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms.
Use of Health Information from SuperGreenMe.com
Health information that appears on SuperGreenMe.com is presented in summary form only and is intended to provide general consumer understanding of health care topics. The information should not be used in place of a visit, call or consultation with a physician or other health care provider. SuperGreenMe.com does not recommend the self-management of health or medical problems, nor does SuperGreenMe.com promote or recommend any particular form of medical or alternative treatment. People using information accessed through SuperGreenMe.com should also research original sources of authority, including with your physician or other health care provider. Information obtained by using SuperGreenMe.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or visit your physician or other health care provider. You should never disregard medical advice -- or delay in seeking it -- because of something you have read on SuperGreenMe.com. You should always seek prompt medical care for any specific health issue and consult a physician before starting a fitness regimen.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between SuperGreenMe and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of SuperGreenMe may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.
We hope you enjoy using the Site, and we welcome suggestions for improvements. Thanks for making SuperGreenMe a part of your online green adventure!