Terms of Service
Welcome to Litterati. The following terms and conditions (the "Agreement") form a binding agreement between You and us. Please review the following terms carefully. By using the Litterati website (http://www.litterati.org), application or service (hereafter the "Service", "Services" or "Litterati Services"), you are agreeing to these terms, and these terms will govern your use of the Services. If you do not agree to these terms, you must cease use of the Services. The terms "Litterati" or "us" or "we" or "our" refers to Litterati, LLC., the owner and operator of the Services. The term "You" refers to the person accessing or using the Services, or the company or organization on whose behalf that person accesses the Services.
Litterati is an online community for people to contribute to environmental and recycling efforts by properly collecting and disposing of litter and measuring their impact and that of the larger Litterati community through our Services. Litterati collects electronic data for business purposes in the fields of litter, environmental and recycling efforts and litter, environmental and recycling programs; manages marketing campaigns for the brands of others in the fields of litter, environmental and recycling efforts and litter, environmental and recycling programs; promotes public awareness of litter, environmental and recycling issues and initiatives; promotes public awareness of litter, environmental and recycling issues and initiatives via third-party social media platforms; provides consulting services to businesses and organizations with data that we collect through our Services. Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Services, including any content, information, products or services therein.
By just visiting our website and using the Services, you accept our Terms of Service. If you do not agree to any of these terms or conditions then you may not use Litterati.
We don't have control over websites that Litterati may link to. Litterati may contain links to third party websites that are not owned, operated, or controlled by Litterati. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Litterati you expressly relieve us from any and all liability arising from your use of any third party website.
You are permitted to use Litterati, only if You: (1) Are 13 years of age or older; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of Litterati in any medium without Litterati's prior written authorization; (4) Do not change any part of Litterati other than in ways that may be reasonably necessary for you to use Litterati for its intended purposes; (5) Don't collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes; (6) Do not use the communication systems provided by or contacts made on Litterati for any commercial solicitation purposes; (7) Acknowledge your sole responsibility for your content submissions, including posts, comments and actions, profile information and links, pictures, and other such content; (8) Affirm that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Litterati to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across Litterati; (8) Grant each Litterati user, whether using Litterati or an application developed via a third-party developer, a non-exclusive license to access your submissions through Litterati and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through Litterati's functionality and under these Terms of Service; (9) Affirm we have the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
TERMS OF SERVICE
Rules Regarding Information and other Content
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect and defend our rights or property, you, or third parties, or (c) prevent or investigate any illegal activity. You hereby consent to us sharing your Personal Information under the circumstances described herein.
Though we strive to enforce these rules with all of our users, You may be exposed through the Litterati Services to Content that violates our policies or is otherwise offensive. You use the Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Services if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Services whether it violates our content policies or not.
General Rules of User Conduct
It is our goal to make the use of our Services a good experience for all of our users, so You agree not to do any of the following:
- Conduct or promote any illegal activities while using the Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
- Attempt to gain access to secured portions of the Services to which You do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Services to generate unsolicited email advertisements or spam;
- Use any automatic or manual process to search or harvest information from the Services, or to interfere in any way with the proper functioning of the Services; or
- Impersonate another user.
Non-Confidentiality and Security
Litterati will use reasonable efforts to maintain the security and integrity of information You provide to us. However, You acknowledge and agree that Litterati cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information will never occur.
We may change or discontinue any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth below. In the event of any termination, You will immediately cease access to the Services.
We may also allow access to, or advertise, certain third parties from which You may purchase certain goods or services from these third parties ("Merchants"). You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between You and Merchants. Merchants and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Services are accurate and comply with applicable laws.
Disclaimers of Warranty
You agree that your use of Litterati shall be at your sole risk. To the fullest extent permitted by law Litterati, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof and access is provided on an “as is” basis. Litterati makes no warranties or representations about the accuracy or completeness of this service’s content or the content of any services linked to this service and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever resulting from your access to and use of our services, (III) any unauthorized access to or use of our secure servers and/or all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our services, (V) any bugs, viruses trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Litterati. Litterati does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Litterati or any hyperlinked service or featured in any banner or other advertising, and Litterati will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
You agree to defend, indemnify and hold harmless Litterati, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Litterati; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Litterati.
Litterati reserves the right, but has no obligation, to monitor, or take any action Litterati deems appropriate regarding disputes that You may have with other users of ours. To the extent the law permits, You release us from any claims or liability related to any Content posted on the Services and from claims related to the conduct of any other customers of ours. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) 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."
These limitations of liability apply regardless of the nature of any claim, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not LItterati is advised of the possibility of such damages.
You agree that your sole remedy for any claims arising in connection with this agreement is to discontinue using the services. In the event that a court determines that the preceding sentence is unenforceable, the aggregate liability of Litterati to your for all claims arising in connection with this agreement will not exceed the greater of (a), all amounts paid by you under this agreement within the last twelve (12) months, and (b) one hundred dollars (U.S. $100.00).
Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement. "Litterati" is our trademark. Other product and company names that are mentioned on the Services or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You in this Agreement.
The content on Litterati, excluding all intellectual property of other services obtained by way of API and linking, are owned by Litterati. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). They are owned or licensed to Litterati, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content not owned by Litterati is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to Litterati and the content.
As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Services. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of Your intellectual property rights related to the Content in any manner we choose. If You have any rights to the Content that cannot be licensed to Us (such as moral rights in some countries), You unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Us or related to Our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask You to do the same. If you're a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online service are covered by a single notification, a representative list of such works at that service; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) 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 (6) 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. Litterati's designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The communications between You and Litterati use electronic means, whether You visit the website or send us emails, or whether Litterati posts notices on the Services or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Litterati in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Litterati provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights. You may also receive a copy of this Agreement by accessing this website.
Changes to this Agreement
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the website. It is Your sole responsibility to check the website from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the Services. Your use of the Services after any modifications to the Agreement indicates that You agree to such modified Agreement.
You and we are independent contracts, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
These Terms of Service shall be governed by the internal substantive laws of the State of California. Any claim or dispute between you and Litterati that arises in whole or in part from Litterati shall be decided exclusively by a court of competent jurisdiction located in California.
These Terms of Service, and any other legal notices published by Litterati on the Services, shall constitute the entire agreement between you and Litterati concerning Litterati.
You and Litterati agree that any cause of action arising out of or related to Litterati must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the first point of Section 3, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of the Litterati Services.
Last Updated: June 11th, 2015