Terms of Service
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our websites and all Content and software located on the site shall remain the sole property of Earth.org unless otherwise stated. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Earth.org. You must not:
Sell or rent material from our website. Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose. Redistribute any content from our website, including onto another website. By submitting any Content you grant to Earth.org a royalty-free, non-exclusive, transferable and non-revocable right and license to use, reproduce, display, publicly, modify, adapt, edit, publish, translate, distribute, perform, play, create derivative works from, exercise and sub-license all associated and relevant rights (including intellectual property rights and publicity rights) with respect to your Content in any media whatsoever, whether now known, or developed in the future (the foregoing license is granted for the entire respective terms of the relevant rights); and to the extent permitted by law, unconditionally and irrevocably waive all moral rights which you may have in your Content. You retain ownership of the copyright in the Content you submitted to Earth.org. Furthermore by submitting your Content, you warrant that it: is your own original work and you have the right to grant the rights described above to Earth.org; was not produced by you in the course of your employment; does not infringe upon any statutory copyright or upon any common law right, proprietary right, or any other similar right of any third party; does not violate any law, including by the manner in which it was obtained or created; is not libelous, defamatory or obscene; was not taken by any hidden, surreptitious or illegal means or any other method that violates another person's privacy or publicity rights; is accurate, genuine and does not depict any event staged for the purpose of making the submission; and is not subject to any other contract, agreement or license.
Investigation of Complaints
We reserve the right to monitor and to investigate any complaints regarding any Content on our websites and to take the appropriate action if Earth.org finds any violation of this User Agreement. In the case of any such complaint, Earth.org reserves the right to remove the Content complained of. This could result in your Content being removed from our websites for as long as it takes to resolve the dispute.
Termination of Membership
You may terminate your membership at any time by sending us your termination request via Contact Us form. Further, Earth.org reserves the right to modify or remove anything submitted to Earth.org, and to cancel any membership, at any time for any reason without prior notice. Earth.org is not obliged to maintain back-up copies of any material submitted or posted on our site. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to: posting or providing links to any Content which violates this User Agreement; conducting or providing links to any raffle, contest, or game which violates any local, state or national laws; sending any unsolicited advertisement to other users; or using in the registration of your Earth.org membership an email account that is not your own or that is or becomes inactive. Earth.org is the final arbiter of what is and is not allowed on our site.
Earth.org is not responsible for the Content posted by any Earth.org member or visitors on any area of our site. The opinions and views expressed by Earth.org members or visitors do not necessarily represent those of Earth.org and Earth.org does not verify, endorse, or vouch for the intent or accuracy of such information. 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.
As noted above, Earth.org 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 do not own the copyright or have express authorization and documented permission to use, adapt or excerpt another person's writing or images in whole or in part, do not post it on Earth.org. If you have a concern regarding your use of copyrighted material on the Earth.org website, please contact Earth.org's agent, designated below, to respond to reports alleging copyright infringement. Earth.org reserves the right, but not the obligation, to terminate your license to use the Earth.org 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. Our designated agent to receive notification of claimed infringement is: Mathias Stricker Nymphenburger Str. 155 80634 München 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 infringed materials, a list of such materials. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or to be defamatory; and that is to be removed or made inaccessible; as well as information reasonably sufficient to permit us to locate the material. Sufficient information to allow us to contact you, such as your address, telephone number, and/ or valid electronic mail address. A statement of your 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.
Links to Third-Party Sites
This Web site may contain hyperlinks to Web sites operated by parties other than Earth.org. Such hyperlinks are provided for your reference only. Earth.org does not control such Web sites and is not responsible for their contents. Earth.org'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.
Disclaimer of Warranties
Your use of Earth.org Services and any content is at your sole risk. All Earth.org 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, personal injury 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.
Limitation of Liability
Earth.org makes no guarantee of availability of Services and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Earth.org Services. In no event will Earth.org be liable for any damages. Any advice or information that you get from us in any form is without any warranty or guarantee as long as a warranty is not explicitly declared in written form.
You agree to defend, indemnify and hold harmless Earth.org, their affiliates and their respective directors, officers, employees, consultants 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 non-compliance by you with the User Agreement; (c) any misrepresentation made by you in connection with your use of the Services 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.
You agree that all Earth.org websites shall be deemed solely based in Germany. By visiting any website of Earth.org you agree that the laws of the Federal Republic of Germany, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Earth.org or its affiliates. Earth.org makes no representation that materials on these Services are appropriate or available for use outside of Germany. Those who choose to access these Services from outside of Germany do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Any dispute relating in any way to your visit to Earth.org shall be submitted to confidential arbitration and jurisdiction in Munich, Germany, except that, to the extent you have in any manner violated or threatened to violate Earth.org's rights, Earth.org may seek injunctive or other appropriate relief in any other country, and you consent to exclusive jurisdiction and venue in such courts.
Earth.org may change this User Agreement from time to time without notice, so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. 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. If any one or more of the provisions of this Agreement should be or become invalid, then all other provisions shall remain effective. The invalid provision or provisions shall be replaced by an analogous amendment to the Agreement which comes closest to the intentions of this agreement. No warranty whatsoever is made that any of the Content we publish on our website are accurate. There is no assurance that any statement contained in one or all of the articles is true, correct, up to date or precise.