Earth.com provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using particular Earth.com services, you and Earth.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Earth.com also may offer other services from time to time, such as Earth.com Store and Earth.com Sites that are governed by different Terms of Services.
Section 1 Use of Material -Earth.com authorizes you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images, audio, video and other material (“Material”),are protected by copyright under both United States and foreign laws, and are owned or controlled by Earth.com or by third parties that have licensed their Material to Earth.com.
Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Earth.com.
The trademarks, logos and service marks (the “Marks”) displayed on the Web Site are owned by Earth.com or third parties. You are prohibited from use of those Marks without the express, written permission of Earth.com or such third party. If you would like information about obtaining Earth.com’s permission to use the Material on your Web site, email us.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2 Earth.com’s Liability – The Material may contain inaccuracies or typographical errors. Earth.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site is provided by third parties and Earth.com shall not be held responsible for any such Material provided by third parties.
Earth.com DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Earth.com IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Earth.com AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Earth.com AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3 Disclaimer of Certain Damages – IN NO EVENT SHALL Earth.com, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Earth.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4 User Submissions – Generally, any communication which you post to the Web Site (whether in chat rooms, on message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Earth.com as confidential, that fact will be stated on those pages. By posting communications to the Web Site, you automatically grant Earth.com a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Earth.com does not control the information delivered to the chat rooms or message boards, and Earth.com has no obligation to monitor any such information. As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
You must not do any of the following things while accessing the Web Site or using the Materials:
Post or transmit material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity;
Post sexually-explicit language or images;
Post advertisements or solicitations of business;
Post or transmit any chain letters or pyramid schemes;
Impersonate another person or entity;
Intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Materials;
harm minors in any way;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
Post or transmit any information containing a virus or other harmful component.
Violation of any of the above rules is grounds for immediate loss of membership to Earth.com and it’s services as well as possible legal action.
Earth.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Earth.com does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to any term of this Agreement, Earth.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Earth.com has no liability or responsibility to Users for performance or non-performance of such activities. Earth.com reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5 Links to Other Sites – This Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by Earth.com of the contents on such third-party Web sites. Earth.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6 Licenses – All software that is made available for downloading from the Web Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on agreement to be bound by the terms of the License Agreement. Subject to the foregoing paragraph or as otherwise expressly provided, nothing within the Web Site shall be construed as conferring any license under any of Earth.com’s or any third party’s intellectual property rights, whether by implication or otherwise.
Section 7 Limitation of Liability – Your use of this Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site.
UNDER NO CIRCUMSTANCES SHALL Earth.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section 8 Indemnity – You agree to defend, indemnify, and hold harmless Earth.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. Earth.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9 Export Control – The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 10 User Information – Earth.com may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 11 General – Earth.com makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Web Site is based in Dallas, Texas. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Texas applicable to contracts entered into and performed within the State of Texas without respect to its conflict of laws principles. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the United States District Court for the Northeastern District of Texas, or any Texas State court sitting in Dallas County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in a particular “Legal Notice” for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and Earth.com with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Earth.com.