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GreenVybe.com
Terms of Use
This Terms of Use Agreement (the "Terms of Use") sets forth the legally binding terms and conditions for your use of the service owned and operated by Greenvybe LLC., a New York limited liability company ("GreenVybe"), including, without limitation, the www.GreenVybe.com website and domain name (the "Website"), mobile applications and any other linked pages, features, content, or application services offered from time to time by GreenVybe in connection therewith (collectively, the "Service").
Please read these Terms of Use carefully before using the Service offered by GreenVybe.
BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ACCESSING, VISITING, BROWSING, SCRAPING OR CRAWLING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF IMAGES, VIDEOS, INFORMATION, CONTENT AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
1. Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained herein "as is" and all other operating rules, policies and procedures that may be published from time to time on the Website by GreenVybe. In addition, some features of the Service may be subject to additional terms and conditions promulgated by GreenVybe from time to time; your use of such features is subject to those additional terms and conditions, such as the Privacy Policy, which are incorporated into these Terms of Use by this reference. By accepting this Terms of Use, you agree to abide by the terms of the Privacy Policy.
2. Eligibility
The Service is available only to individuals who are at least 16 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old or if you are between the ages of 16 and 18, you have parental permission to enter into an agreement to accept these Terms of Use and to use the Service; (ii) that all registration information you submit is accurate and truthful; and (iii) that your use of the Service does not violate any applicable law or regulation. GreenVybe may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. Modification of Terms of Use and Services
GreenVybe reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an email. GreenVybe may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that GreenVybe has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
4. Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content (as hereinafter defined), or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, messages, information, data, text, photographs, software, scripts, images, graphics, the "look and feel" of the Website, multimedia combinations and other content interactive features generated, provided, posted or otherwise made accessible on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Service, that:
GreenVybe reserves the right to remove any Content (which includes User Submissions) from the Website or from another feature of the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if GreenVybe is concerned that you may have violated the Terms of Use), or for no reason at all.
5. Registration
As a condition to using certain aspects of the Service, you will be required to register with GreenVybe and select a password and screen name ("GreenVybe Username"). You shall provide GreenVybe with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your GreenVybe account. You shall not (i) select or use as a GreenVybe Username a name of another person with the intent to impersonate that person; (ii) use as a GreenVybe Username a name subject to any rights of a person or entity other than you without appropriate authorization; or (iii) use as a GreenVybe Username a name that is otherwise offensive, vulgar or obscene. GreenVybe reserves the right to refuse registration of, or cancel a GreenVybe Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your GreenVybe password. You shall never use another user's account without such other users express permission. You will immediately notify GreenVybe in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
In the event that you are registering with GreenVybe on behalf of an entity, group or business, in addition to the above terms, you (i) must be an authorized representative of the business in question; (ii) must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your business account; and (iii) you may not provide an email address that is not your own or create multiple business accounts for the same business location.
6. Mobile Services
Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your GreenVybe account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
7. Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under GreenVybe's control, and you acknowledge that GreenVybe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GreenVybe or any association with its operators. You further acknowledge and agree that GreenVybe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
8. GreenVybe and Website Content
You agree that the Service contains Content specifically provided by GreenVybe, its partners and other users and that such Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Website expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from GreenVybe, or from the copyright holder identified in such Content's copyright notice.
9. User Submissions and Content from Third Party Sites
Through your account with GreenVybe ("GreenVybe Account"), you may be able to access, link to and display Content on or from your GreenVybe Account and your accounts or profiles to third party sites ("User Content"); you represent, warrant and agree that with respect to User Content on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site and User Content. The Service may allow you to specify the User Content that will be accessed, linked to and displayed on or through your GreenVybe Account.
The Service will also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content to the Services (the "User Submissions"). By posting User Submissions on the Website or otherwise through the Service:
GreenVybe may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by visiting the Profile page of the Website. If you close your account, we may continue to display your Content where it implicates other users (e.g. compliments that you have sent to other users and comments that you have posted to the Website.) All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Warranty Disclaimer
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GREENVYBE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON THE SITE; OR (D) THE RESULTS OF USING THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GREENVYBE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GREENVYBE SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): GREENVYBE MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE. GreenVybe will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on GreenVybe's equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.
12. Indemnification
You shall defend, indemnify, and hold harmless GreenVybe, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees plus legal rate of interests, that arise from or relate to (A) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the Service, (B) any fraud, manipulation or other breach of these Terms of Use by you, or (C) third party claims, actions or allegations brought agaist GreenVybe arising out of your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Submissions. GreenVybe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GreenVybe in asserting any available defenses.
13. General Content Disclaimer
The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. GreenVybe makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that GreenVybe shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.
GreenVybe has no special relationship with or fiduciary duty to you. You acknowledge that GreenVybe has no control over, and no duty to take any action regarding: which users gains access to the Service; the authenticity of any User Submissions, what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GreenVybe from all liability for you having acquired or not acquired Content through the Website or otherwise through the Service. The Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GreenVybe makes no representations concerning any content contained in or accessed through the Service, and GreenVybe will not be responsible or liable for copyright compliance, legality or decency of material contained in or accessed through the Service.
GreenVybe has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions.
14. Interactions With Other Participants of the Website
GreenVybe shall not be liable for your interactions with any organizations and/or individuals found on the Website or linked through the Service. These dealings are solely between you and such organizations and/or individuals. You agree that GreenVybe is not responsible for any damage or loss incurred as a result of any such dealings. GreenVybe is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release GreenVybe, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. Limitation of Liability
IN NO EVENT SHALL GREENVYBE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OR SUBSTITUTION OF GOODS OR SERVICES, OR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE (IV) FOR YOUR RELIANCE ON THE SERVICE OR (V) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GREENVYBE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY GREENVYBE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY GREENVYBE WEB SITE, SERVICES, CONTENT, PRODUCT, PROGRAM, MUSIC, OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
16. Interstate Nature of Communications
When you register with GreenVybe, you acknowledge that in using the Service to send electronic communications (including but not limited to email, search queries, uploading photos and files to Website and other Internet activities), you will be causing communications to be sent through GreenVybe's computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of GreenVybe's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the service results in interstate data transmissions.
17. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
19. Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and GreenVybe agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Any controversy or claim, with the exception of copyright claims, relating to the subject matter of these Terms of Use not otherwise resolved between you and GreenVybe will be resolved in a cost effective manner through binding non-appearance-based arbitration conducted in New York, New York. Party shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitrator shall have substantial experience in resolving intellectual property and e-commerce disputes; ii) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; iii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iv) any judgment on the award rendered by the arbitrator may be entered in the highest court of forum, state or federal, having competent jurisdiction. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Copyright claims shall be brought in the federal court having jurisdiction. Notwithstanding anything to the contrary, any action or proceeding by GreenVybe relating to the subject matter of these Terms of Use may be instituted by GreenVybe in state or federal court in New York County, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. In the event GreenVybe seeks injunctive relief, GreenVybe shall be able to seek such injunctive relief in a court of proper jurisdiction without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees plus legal rate of interest) incurred in connection with the enforcement of the foregoing right.
20. Integration and Severability
These Terms of Use are the entire agreement between you and GreenVybe with respect to the Service including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GreenVybe with respect to the Website. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
21. Miscellaneous
GreenVybe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GreenVybe's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with GreenVybe's prior written consent. GreenVybe may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. You agree that these Terms of Use will not be construed against GreenVybe by virtue of having drafted these Terms of Use. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and reasonable attorneys' fees plus legal rate of interests. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when transmission is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
22. Trademark Notices
"GreenVybe", "GreenVybe.com," and GreenVybe logos, icons and other marks identifying GreenVybe services or products are either trademarks or registered trademarks of GreenVybe and may not be used without prior written permission. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.
23. Copyright Infringement Policy
BY USING THE GREENVYBE SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Effective Date: April 19, 2010
Terms of Use
This Terms of Use Agreement (the "Terms of Use") sets forth the legally binding terms and conditions for your use of the service owned and operated by Greenvybe LLC., a New York limited liability company ("GreenVybe"), including, without limitation, the www.GreenVybe.com website and domain name (the "Website"), mobile applications and any other linked pages, features, content, or application services offered from time to time by GreenVybe in connection therewith (collectively, the "Service").
Please read these Terms of Use carefully before using the Service offered by GreenVybe.
BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ACCESSING, VISITING, BROWSING, SCRAPING OR CRAWLING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF IMAGES, VIDEOS, INFORMATION, CONTENT AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
1. Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained herein "as is" and all other operating rules, policies and procedures that may be published from time to time on the Website by GreenVybe. In addition, some features of the Service may be subject to additional terms and conditions promulgated by GreenVybe from time to time; your use of such features is subject to those additional terms and conditions, such as the Privacy Policy, which are incorporated into these Terms of Use by this reference. By accepting this Terms of Use, you agree to abide by the terms of the Privacy Policy.
2. Eligibility
The Service is available only to individuals who are at least 16 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old or if you are between the ages of 16 and 18, you have parental permission to enter into an agreement to accept these Terms of Use and to use the Service; (ii) that all registration information you submit is accurate and truthful; and (iii) that your use of the Service does not violate any applicable law or regulation. GreenVybe may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. Modification of Terms of Use and Services
GreenVybe reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an email. GreenVybe may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that GreenVybe has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
4. Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content (as hereinafter defined), or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, messages, information, data, text, photographs, software, scripts, images, graphics, the "look and feel" of the Website, multimedia combinations and other content interactive features generated, provided, posted or otherwise made accessible on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
- impersonates any person or entity, including any employee or representative of GreenVybe.
- involves endorsements without disclosing material connections you share with the seller of the product or services, or violates other rules and laws as promulgated by the FTC, local, state and federal agencies from time to time.
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities and/or sales without GreenVybe's prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes or any activities which, GreenVybe finds, in its sole discretion, uses GreenVybe's resources or Services with the effect of competing with or displacing the market for GreenVybe's Website;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GreenVybe or any third party; or
GreenVybe reserves the right to remove any Content (which includes User Submissions) from the Website or from another feature of the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if GreenVybe is concerned that you may have violated the Terms of Use), or for no reason at all.
5. Registration
As a condition to using certain aspects of the Service, you will be required to register with GreenVybe and select a password and screen name ("GreenVybe Username"). You shall provide GreenVybe with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your GreenVybe account. You shall not (i) select or use as a GreenVybe Username a name of another person with the intent to impersonate that person; (ii) use as a GreenVybe Username a name subject to any rights of a person or entity other than you without appropriate authorization; or (iii) use as a GreenVybe Username a name that is otherwise offensive, vulgar or obscene. GreenVybe reserves the right to refuse registration of, or cancel a GreenVybe Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your GreenVybe password. You shall never use another user's account without such other users express permission. You will immediately notify GreenVybe in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
In the event that you are registering with GreenVybe on behalf of an entity, group or business, in addition to the above terms, you (i) must be an authorized representative of the business in question; (ii) must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your business account; and (iii) you may not provide an email address that is not your own or create multiple business accounts for the same business location.
6. Mobile Services
Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your GreenVybe account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
7. Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under GreenVybe's control, and you acknowledge that GreenVybe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GreenVybe or any association with its operators. You further acknowledge and agree that GreenVybe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
8. GreenVybe and Website Content
You agree that the Service contains Content specifically provided by GreenVybe, its partners and other users and that such Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Website expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from GreenVybe, or from the copyright holder identified in such Content's copyright notice.
9. User Submissions and Content from Third Party Sites
Through your account with GreenVybe ("GreenVybe Account"), you may be able to access, link to and display Content on or from your GreenVybe Account and your accounts or profiles to third party sites ("User Content"); you represent, warrant and agree that with respect to User Content on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site and User Content. The Service may allow you to specify the User Content that will be accessed, linked to and displayed on or through your GreenVybe Account.
The Service will also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content to the Services (the "User Submissions"). By posting User Submissions on the Website or otherwise through the Service:
- You hereby do and shall grant GreenVybe a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit ("Use") the User Submissions in connection with the Website, the Service and GreenVybe's (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also grant GreenVybe the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
- You represent and warrant (and will promptly demonstrate to GreenVybe's satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by GreenVybe (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that you have the permission to Use the name, logo, brand service or trademark, voice, likeness or image of any person, firm or enterprise incorporated in the User Submissions; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to GreenVybe and all users of the Service;
- You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
- You understand that GreenVybe shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website or otherwise through the Service is the sole responsibility of the person from which such content originated and that GreenVybe will not be liable for any errors or omissions in any content; and that GreenVybe cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
GreenVybe may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by visiting the Profile page of the Website. If you close your account, we may continue to display your Content where it implicates other users (e.g. compliments that you have sent to other users and comments that you have posted to the Website.) All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Warranty Disclaimer
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GREENVYBE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON THE SITE; OR (D) THE RESULTS OF USING THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GREENVYBE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GREENVYBE SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): GREENVYBE MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE. GreenVybe will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on GreenVybe's equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.
12. Indemnification
You shall defend, indemnify, and hold harmless GreenVybe, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees plus legal rate of interests, that arise from or relate to (A) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the Service, (B) any fraud, manipulation or other breach of these Terms of Use by you, or (C) third party claims, actions or allegations brought agaist GreenVybe arising out of your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Submissions. GreenVybe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GreenVybe in asserting any available defenses.
13. General Content Disclaimer
The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. GreenVybe makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that GreenVybe shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.
GreenVybe has no special relationship with or fiduciary duty to you. You acknowledge that GreenVybe has no control over, and no duty to take any action regarding: which users gains access to the Service; the authenticity of any User Submissions, what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GreenVybe from all liability for you having acquired or not acquired Content through the Website or otherwise through the Service. The Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GreenVybe makes no representations concerning any content contained in or accessed through the Service, and GreenVybe will not be responsible or liable for copyright compliance, legality or decency of material contained in or accessed through the Service.
GreenVybe has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions.
14. Interactions With Other Participants of the Website
GreenVybe shall not be liable for your interactions with any organizations and/or individuals found on the Website or linked through the Service. These dealings are solely between you and such organizations and/or individuals. You agree that GreenVybe is not responsible for any damage or loss incurred as a result of any such dealings. GreenVybe is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release GreenVybe, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. Limitation of Liability
IN NO EVENT SHALL GREENVYBE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OR SUBSTITUTION OF GOODS OR SERVICES, OR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE (IV) FOR YOUR RELIANCE ON THE SERVICE OR (V) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GREENVYBE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY GREENVYBE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY GREENVYBE WEB SITE, SERVICES, CONTENT, PRODUCT, PROGRAM, MUSIC, OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
16. Interstate Nature of Communications
When you register with GreenVybe, you acknowledge that in using the Service to send electronic communications (including but not limited to email, search queries, uploading photos and files to Website and other Internet activities), you will be causing communications to be sent through GreenVybe's computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of GreenVybe's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the service results in interstate data transmissions.
17. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on GreenVybe (such as advertising or payments) or operate an application or website on our Website.
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
19. Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and GreenVybe agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Any controversy or claim, with the exception of copyright claims, relating to the subject matter of these Terms of Use not otherwise resolved between you and GreenVybe will be resolved in a cost effective manner through binding non-appearance-based arbitration conducted in New York, New York. Party shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitrator shall have substantial experience in resolving intellectual property and e-commerce disputes; ii) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; iii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iv) any judgment on the award rendered by the arbitrator may be entered in the highest court of forum, state or federal, having competent jurisdiction. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Copyright claims shall be brought in the federal court having jurisdiction. Notwithstanding anything to the contrary, any action or proceeding by GreenVybe relating to the subject matter of these Terms of Use may be instituted by GreenVybe in state or federal court in New York County, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. In the event GreenVybe seeks injunctive relief, GreenVybe shall be able to seek such injunctive relief in a court of proper jurisdiction without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees plus legal rate of interest) incurred in connection with the enforcement of the foregoing right.
20. Integration and Severability
These Terms of Use are the entire agreement between you and GreenVybe with respect to the Service including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GreenVybe with respect to the Website. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
21. Miscellaneous
GreenVybe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GreenVybe's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with GreenVybe's prior written consent. GreenVybe may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. You agree that these Terms of Use will not be construed against GreenVybe by virtue of having drafted these Terms of Use. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and reasonable attorneys' fees plus legal rate of interests. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when transmission is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
22. Trademark Notices
"GreenVybe", "GreenVybe.com," and GreenVybe logos, icons and other marks identifying GreenVybe services or products are either trademarks or registered trademarks of GreenVybe and may not be used without prior written permission. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.
23. Copyright Infringement Policy
- Notifying GreenVybe.
If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see http://lcweb.loc.gov/copyright/legislation/dmca.pdf for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the material that is claimed to be infringing 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 GreenVybe to locate the material;
- Information reasonably sufficient to permit GreenVybe to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
GreenVybe's designated Copyright Agent to receive notifications of claimed infringement is:
David Letourneau
GreenVybe LLC
420 South Riverside Avenue, #136
Croton on Hudson, NY 10520
Phone: (914) 338-8088
E-Mail: Copyright@GreenVybe.com
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Help@GreenVybe.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. - Once Proper Bona Fide Infringement Notification is received by the Copyright Agent:
It is GreenVybe's policy:
- to remove or disable access to the infringing content;
- to notify the content provider, member or user that it has removed or disabled access to the content; and
- that repeat offenders will have the infringing content removed from the system and that GreenVybe will terminate such content provider's, member's or user's access to the service.
- Counter-Notice.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, U.S.A and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
BY USING THE GREENVYBE SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Effective Date: April 19, 2010
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