Terms & Conditions
Description of Service
Ecoboom currently provides you, whether you are an individual, company, organisation or other entity (“User”), with access to on-line resources including various information, communications tools, online forums, online community and shopping services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TAC. You acknowledge and agree that the Service is provided as it is and that Ecoboom assumes no responsibility for the delivery, timeliness, management (or lack thereof) or deletion of any user communications, information or settings.
Ecoboom takes no responsibility for User connection to the World Wide Web, access to Ecoboom or any equipment involved therein.
Acceptance of Terms and Conditions
Ecoboom Limited ("Ecoboom") provides its service to the User subject to these Terms and Conditions ("TAC"), which may be updated by Ecoboom from time to time without notice. You should review the TAC periodically for changes. In addition, when using particular Ecoboom services, you shall be subject to any guidelines and rules applicable to such services which may be posted by Ecoboom from time to time. All such guides and rules are hereby incorporated by reference into the TAC. In most cases the guides will assist you in applying the TAC, but where any inconsistency exists between the TAC and any guide or rule, the TAC will prevail. Ecoboom may also offer services from time to time that are governed by other terms and conditions, which will be posted on the relevant service to which they apply and act independently to the TAC, unless otherwise stated in those terms and conditions.
Ecoboom Privacy Policy
User Data and certain other information about you are subject to our Privacy Policy.
Data Obligations
In consideration of your use of the Service, you agree to: (1) provide true, accurate and current information about yourself as requested by the Service's registration form ("User Data") and (2) maintain and promptly update the User Data to keep it true, accurate and current. If you provide any information that is untrue, inaccurate or not current, or Ecoboom has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Ecoboom has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any part thereof).
Member Account and Security
You will need to create an account and password during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Ecoboom cannot and will not be liable for any loss or damage arising from the use of your password or account, whether unauthorised, fraudulent, malicious or otherwise.
Website Use and General Conduct
All information, data, files, graphics, code or other material of any sort placed on or transmitted via The Service (“Content”) is the sole responsibility of the User, person and, where applicable, the entity from which such Content originated. This means that you and not Ecoboom are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. Ecoboom does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or damaging. Under no circumstances will Ecoboom be liable in any way for any Content, including but not limited to 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, e-mailed or otherwise transmitted via the Service.
You agree not to use the Service to:
- place or transmit any Content that is unlawful, tortuous, defamatory, libellous, harmful, threatening, abusive, harassing, obscene, invasive of another's privacy, hateful or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, an Ecoboom official, forum mediator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Place or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Place or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Place or transmit any unsolicited or unauthorised advertising, promotional materials or any other form of unauthorised solicitation, except in those areas (such as the Market Place) that are designated for such purpose;
- Place or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or upload, post, e-mail or otherwise transmit any links to such material;
- disrupt the normal flow of dialogue;
- interfere with or disrupt the Service or otherwise act in a manner that negatively affects other users' ability to use the Service;
- violate any applicable law or regulation;
- extract, collect, process, combine or store personal data about other users, unless those users have given consent for such extraction, collection, processing, combination or storage.
Ecoboom Management and Content Provision
You acknowledge that Ecoboom does not pre-screen Content, but that Ecoboom shall have the right (but not the obligation) in their sole discretion to refuse any Content. Ecoboom shall also have the right (but not the obligation) in their sole discretion to move or delete any Content that has been placed on or transmitted via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You acknowledge that you may not rely on any Content created by Ecoboom or submitted to Ecoboom including without limitation information in Ecocentral, Ecoboom Community, Ecoboom Forum, Ecoboom Shop, Ecoboom News & Articles and in all other parts of the Service.
You agree that Ecoboom may access, preserve and disclose your account information and Content to:
- provide to affiliate companies for the purpose of providing the Content to you in an efficient manner;
- properly administer your account;
- comply with legal process
- enforce the TAC;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; and
- protect the rights, property, or personal safety of Ecoboom, its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve changes to conform and adapt to the technical requirements of connecting and transmitting over various networks or devices. Ecoboom reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent to the TAC at any time.
Publicly Available Content
You acknowledge that you are solely responsible for any personal or corporate data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will Ecoboom be liable in any way for the disclosure and public accessibility of such personal or corporate data or information. You acknowledge that any personal or corporate data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
Solely for the purpose of displaying, distributing and promoting the Service, you grant Ecoboom a world-wide, royalty free and perpetual right and licence to use such Content (in whole or part) in any way and/or to incorporate it in other works in any form.
Use and Storage
You acknowledge that Ecoboom may establish general practices and limits concerning use of the Service, including with out limitation the maximum number of days that uploaded or transmitted Content will be retained by the Service, the duration and frequency with which you may access the Service, the maximum number and size of e-mail messages that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on your behalf. You agree that Ecoboom has no responsibility or liability for the deletion or failure to store any information, communications or other Content placed on or transmitted via the Service. You acknowledge that Ecoboom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Changes to Service
Ecoboom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ecoboom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that Ecoboom at its sole discretion may deactivate, terminate, delete or bar any further access to your password, account (or any part thereof), Content or use of the Service. Ecoboom may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TAC may be effected without prior notice, and acknowledge and agree that Ecoboom shall not be liable to you or any third-party for any termination of your access to the Service.
User Interaction
Your correspondence, business dealings, participation in promotions, participation in campaigns, participation in events or any other interaction with other Users found on or through the Service are solely between you and such Users. To the fullest extent permitted by applicable law, you agree that Ecoboom shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such Users on the Service.
Interaction with External Entities, Advertisers and Merchants
Your correspondence, interaction or business dealings with advertisers, merchants or other external entities found on or via the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, merchant or entities. To the fullest extent permitted by applicable law, you agree that Ecoboom shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of your interaction with such advertisers, merchants or entities on or via the Service, and you further agree that any orders placed by you on or via the Service, and any product specifications and product availability appearing on the Service (including without limitation the Ecoboom Shop and Ecocentral) are subject to confirmation by, and the terms and conditions of, the relevant advertiser, merchant or entity.
Links
The Service, Users or external entities may provide links to other World Wide Web sites or resources. Because Ecoboom has no control over such sites and resources, you acknowledge and agree that Ecoboom is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, not withstanding the content of any Ecocentral articles, which you acknowledge are the personal opinions of the authors and should not be construed as providing reliable advice. You further acknowledge and agree that Ecoboom 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimers
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. To the fullest extent permitted by applicable law, Ecoboom expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, accuracy, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
- Ecoboom makes no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the information and results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations or requirements, and (v) any errors in the Service or software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
- No advice or information, whether oral or written, obtained by you from Ecoboom or through or from the Service shall create any warranty or other obligation (including but not limited to accuracy, completeness, reliability and relevance) not expressly stated in the TAC.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or information presented to you through the Service, including but not limited to articles and information within Ecocentral, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You agree not to reproduce, duplicate, copy, sell, resell rent, lease, loan, distribute, create derivative works or exploit for any commercial purposes any portion of the Service, use of the Service or access to the Service, including but not limited to articles and information within Ecocentral, without prior written consent from Ecoboom.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Ecoboom for use in accessing the Service.
Indemnity
You agree to indemnify and hold Ecoboom and its subsidiaries, affiliates, agents, officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you place on or transmit via the Service, your use of the Service, your connection to the Service, your violation of the TAC or your violation of any rights of another.
Limitation of liability
You expressly acknowledge and agree that Ecoboom shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Ecoboom has been advised of the possibility of such damages), resulting from:
- unauthorized access to or alteration of your transmissions or data;
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Reliance
If you intend to join or view any part of the Service, receive or request any news, read Ecocentral articles or obtain any other information from the Service, including but not limited to financial matters, please be ware that all such information relates only to environmental and ethical concerns, and is offered only for interest without constituting advice, endorsement or censure. Ecoboom shall not be responsible or liable for the accuracy, usefulness or availability of any information placed on or transmitted via the Service, and shall not be responsible or liable for any decisions based on such information.
Notice
The Service may provide notice of change to the TAC or other matters by displaying notices or links to notices generally on the Service.
General Information
These TAC (including the guides and rules referred to herein) constitute the entire agreement between you and Ecoboom and govern your use of the Service, superseding any prior agreements between you and Ecoboom. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TAC and the relationship between you and Ecoboom shall be governed by the laws of England. You and Ecoboom agree to submit to the exclusive jurisdiction of the English courts. Any failure by Ecoboom to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.
The section titles in the TAC are for convenience only and have no legal or contractual effect. You agree that your Ecoboom account, its contents and identifying information is non-transferable.
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