Earth Reviews

User Agreement

  1. Terms Of Services:

    This Earth Reviews User Agreement (the "User Agreement"), between Earth Reviews LLC (doing business as "Earth Reviews") and users of the Earth Reviews Web site (http://www.earthreviews.com), sets forth the terms and conditions which apply to your use of the Earth Reviews web site (the "Services"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. If you do not agree to be bound by this User Agreement, please discontinue your use of the Services.

    Earth Reviews reserves the right to modify or amend this User Agreement at any time without prior notice. By accessing the Services and/or submitting any text, pictures or other content ("Content"), including without limitation, viewing web pages and posting to message boards, you signify your agreement to this User Agreement as it has been modified or amended.

  2. Conduct Required for Use of the Services:

    It is a condition of your use of the Services that you do not: (i) restrict or inhibit any other user from using and enjoying the Services; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent (including any nudity) information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork or use viruses, bots, worms or trojan horses; (iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or (xi) use the Services to collect personally identifying information about users of the Services in violation of our Privacy Policy; or (xii) post or transmit comments of a purely political or religious nature or designed to further ones political or religious view over another.

    You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Earth Reviews LLC, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

  3. Age Limitation:

    Earth Reviews does not permit children under the age of 13 to become members.

    Child Online Protection Act Notification:

    Pursuant to 47 U.S.C. Section 230(d), as amended, Earth Reviews hereby notifies you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in limiting access to material that is harmful to minors.

  4. Discussion Forums & "Cookies":

    Earth Reviews invites users to become members in order to participate in Discussion Forums to share fitness and food comments, original recipes, and diet and product experiences.

    To become a member in order to post a comment in these Discussion Forums, users must provide a username, password and e-mail address.

    These Forums use cookies to store the following information: the last time you logged in, your Username, your Encrypted Password, and your viewing options. These cookies are stored on your hard drive. Cookies are not used to track your movement or perform any function other than to enhance your use of these forums. If you have not enabled cookies in your browser, many of these time-saving features will not work properly. Also, you need to have cookies enabled if you want to enter a private forum or post a topic/reply.

    You may delete all cookies set by these Discussion Forums in selecting the "logout" button at the top of any page.

  5. You grant Earth Reviews a license to the Content you submit:

    Anything contained herein to the contrary notwithstanding, by submitting Content to Earth Reviews, through message boards, you grant Earth Reviews and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. In addition by submitting content to Earth Reviews, you represent and warrant that the content is your original work, or if any part is not your original work, you represent and warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit anyone to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on Earth Reviews retains any and all rights that may exist in such Content. A back-up or residual copy of the Content posted by you may remain on the Earth Reviews servers after you have removed the Content and Earth Reviews retains the right to those copies.

  6. Investigation of Complaints:

    We reserve the right to monitor and to investigate any complaints regarding any Content of Earth Reviews message-board postings and to take the appropriate action if Earth Reviews finds any violation of this User Agreement. In the case of any such complaint, Earth Reviews reserves the right to remove the Content complained of while the Earth Reviews member and the complaining party attempt to resolve their dispute.

  7. Termination of Membership:

    Earth Reviews is the final arbiter of what IS and IS NOT allowed on our site. Further, Earth Reviews reserves the right to modify or remove anything submitted to Earth Reviews, and to cancel any membership, at any time for any reason without prior notice. Earth Reviews is not obliged to maintain back-up copies of any material submitted or posted on our site.

  8. We are not responsible for Content posted by members:

    Earth Reviews is not responsible for the Content posted by Earth Reviews members or visitors on any area of our site including without limitation, message boards. The opinions and views expressed by Earth Reviews's members or visitors do not necessarily represent those of Earth Reviews and Earth Reviews does not verify, endorse, or vouch for the Content of such page(s).

    If you believe that any of the Content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified below.

  9. Monitoring:

    You are solely and fully responsible for any Content that you post on any area of our site. You understand that Earth Reviews has no obligation to monitor the Services, or any other use by members of the Services. However, Earth Reviews reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Earth Reviews's sole and absolute discretion are objectionable or in violation of this User Agreement. You acknowledge that Earth Reviews reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring.

  10. Infringement Policy and the Digital Millennium Copyright Act of 1998:

    As noted above, Earth Reviews does not allow any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. If you don't own the copyright or have express authorization and documented permission to use it, don't put it on your site at Earth Reviews (if you do have express permission you must say so clearly on each page where such content is displayed). Earth Reviews will terminate the memberships of, and remove the Content of, repeat infringers.

    Earth Reviews complies with the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you have a concern regarding the use of copyrighted material on the Earth Reviews website, please contact Earth Reviews's agent, designated below, to respond to reports alleging copyright infringement.

    As such, Earth Reviews, pursuant to 17 U.S.C. Section 512 as amended by Title II of the DMCA, reserves the right, but not the obligation, to terminate your license to use the Earth Reviews websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Earth Reviews accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Earth Reviews has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Our designated agent to receive notification of claimed infringement is:

    contactus@earthreviews.com

    The DMCA specifies that all infringement claims regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must be in writing (either electronic mail or paper letter) and must include the following elements:

    A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.

    Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

    Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

    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 or other proprietary right owner, its agent, or the law.

    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 or on behalf of the person defamed.

    To learn more about the Digital Millennium Copyright Act of 1998, visit http://lcweb.loc.gov/copyright/onlinesp/.

  11. Links to Third-Party Sites:

    This Web site may contain hyperlinks to Web sites operated by parties other than Earth Reviews. Such hyperlinks are provided for your reference only. Earth Reviews does not control such Web sites and is not responsible for their contents. Earth Reviews's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

  12. Disclaimer of Warranties:

    Your uses of Earth Reviews Services are at your sole risk. All Earth Reviews Services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

  13. Limitation of Liability:

    Earth Reviews makes no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the Services. IN NO EVENT WILL Earth Reviews BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Earth Reviews SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, Earth Reviews'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON Earth Reviews SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

  14. Indemnification:

    You agree to defend, indemnify and hold harmless , Earth Reviews, and its affiliates, partners, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.

  15. Trademarks:

    Trademarks, Services marks and trade names used on the Services are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Earth Reviews, or the owner of such trademark, service mark or trade name.

  16. Export Control Information:

    Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote Earth Reviews Services and other products available in the United States, its territories, possessions and protectorates. These Services are controlled and operated by Earth Reviews from its offices within the state of California, United States of America. Earth Reviews makes no representation that materials on these Services are appropriate or available for use outside the United States. Those who choose to access these Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  17. Miscellaneous:

    The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of California, U.S.A., as such law applies to agreements between California residents entered into and to be performed within California. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. Any dispute relating to this User Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

    The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.