Echoing Green Terms of Use

  1. Acceptance Of Terms Of Use

The Echoing Green website is provided free of charge to you by Echoing Green and its subsidiaries and affiliates (“Echoing Green”).

Although portions of the Echoing Green website may be viewed simply by visiting the website, in order to vote on Prize Challenge entries, comment, or contribute to forums on the website, you need to register as a user of the Echoing Green website, whether directly on the website or through OpenID.  These Terms of Use govern your use of the Echoing Green website, including viewing the pages on the website, voting on Prize Challenge entries, commenting, and contributing to forums.  BY VISITING, USING, AND/OR REGISTERING AND LOGGING IN TO THE ECHOING GREEN WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.  These Terms of Use, together with the Privacy Policy and any applicable additional Terms of Use posted in connection with a particular service, product, digital product, or other media which are incorporated herein by reference, govern your use of the Echoing Green website and all services, products, digital products, and other media provided in connection with the Echoing Green website, including but not limited to any service, product, digital product, or other media provided to you by Echoing Green.

Echoing Green shall not be liable to you for any breach of these Terms of Use.  If you do not agree to these Terms of Use, please do not visit, use, or register with Echoing Green.  Your continued use of the Echoing Green website signifies your acceptance of any change in the terms and conditions set forth herein.  Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Echoing Green website, including but not limited to all content, services, products, digital products, tools or other media is hereby expressly prohibited.

 

Registration Information/Privacy Policy

Registration is required to engage in certain activities on the Echoing Green website, including voting on Prize Challenge entries, commenting, and contributing to forums.

You must be at least 13 years old to register with Echoing Green.  When you register, you will be required to provide Echoing Green with the following information: your first and last name, e-mail address, city, state, country, and password.

Any information provided by you or gathered by Echoing Green during any visit to the Echoing Green website shall be subject to the terms of Echoing Green’s Privacy Policy, which are incorporated herein by reference.  Click here to read Echoing Green’s Privacy Policy.

Echoing Green reserves the right to terminate your registration and ability to vote or comment on or otherwise contribute to the Echoing Green forums if Echoing Green learns that you have provided false or misleading registration information.

 

Termination

Echoing Green reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to vote or comment on or otherwise contribute to the Echoing Green forums and/or any other service or specific content provided on the Echoing Green website, upon any breach by you of these Terms of Use.

 

Modifications Of These Terms Of Use

Echoing Green may modify these Terms of Use from time to time in its sole discretion.  Each time you visit, use, or log on to the Echoing Green website, you will be deemed to have accepted any such changes.  In the event we modify these Terms of Use, we reserve the right (at Echoing Green’s discretion) to provide you notice of such changes to any e-mail address you have provided to Echoing Green, if any.  If you do not agree to these changes, please discontinue your use of the Echoing Green website and/or arrange to terminate your registration by notifying Echoing Green using the contact information provided in Section 9, below.  

 

Modifications Of The Echoing Green Website

Echoing Green may modify or discontinue the Echoing Green website, or any portion thereof, or any content, services, digital products, products, tools, or other media related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

 

Content Of Messages

You alone are responsible for the content of your messages, and any consequences of such messages.  Echoing Green reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other registered user’s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g., mass marketing) is prohibited.  Any such use shall be deemed to be a violation of these Terms of Use.  The Echoing Green website is to be used by you for your personal use only.  Commercial uses of the Echoing Green website are strictly prohibited unless prior written consent from Echoing Green has been granted. You agree that you will not use the Echoing Green website for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included on such list.

You further agree not to use the Echoing Green website to send or post in comments, on forums or message boards, or any place on the Echoing Green website, any message or material of any kind or nature that is unlawful, a violation of your obligations to the United States government, harassing, libelous, defamatory, abusive, threatening, harmful, obscene, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation, or encourage the use of controlled substances.  For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity, or profanity (e.g., “f*ck”) may be deemed to be equivalent to including the actual objectionable word, phrase, or symbol in your post, message, or otherwise on the Echoing Green website.  Echoing Green reserves the right to delete any such material from the Echoing Green website.  Echoing Green will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Use.  Echoing Green reserves the right to decide, in its sole discretion, (1) if user-submitted content violates these Terms of Use, and (2) whether to delete or otherwise dispose of any such content.

You agree not to post to or use the Echoing Green website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio.  Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Echoing Green monitors all comments, including those posted to the forums, message boards, and comment sections of the website.  Echoing Green reserves the right to refuse to post any comments for any reason.  Echoing Green may or may not notify the user that her comment was not posted and may or may not provide a reason.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Echoing Green, its partners, or affiliates.  You further agree not to use an inappropriate user name of any kind.

You acknowledge that (i) Echoing Green permits access to content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content.  You may not post to the Echoing Green website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to Rights.  The burden of determining that any information, software, images or any other content on the Echoing Green website is not protected by Rights rests with you.  You acknowledge that Echoing Green may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which may include your user name, to the forums or message boards, or to the comments section of any pages on the Echoing Green website, you grant Echoing Green a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.  You also warrant that the holder of any Rights, including moral rights, in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You also permit any registered user to access, display, view, store and reproduce such content for personal use.  Subject to the foregoing, the owner of such content placed on the Echoing Green website retains any and all Rights that may exist in such content.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY AREA ON THE ECHOING GREEN WEBSITE, YOU HEREBY EXPRESSLY PERMIT ECHOING GREEN TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT ON THE ECHOING GREEN WEBSITE.

 

Registration And Password

You are responsible for maintaining the confidentiality of your registration information and password.  You shall be responsible for all uses of your registration, whether or not authorized by you.  You agree to immediately notify Echoing Green of any unauthorized use of your registration or password.

 

Notification Of Any Possible Copyright Infringement

In the event you believe that material or content published on the Echoing Green website may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Echoing Green, 494 Eighth Avenue Second Floor, New York, NY 10001 and send a detailed e-mail message to info@echoinggreen.org

 

Disclaimer Of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE ECHOING GREEN WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, TOOLS, PRODUCTS, AND OTHER MEDIA, IS AT YOUR SOLE RISK.  THE ECHOING GREEN WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ECHOING GREEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ECHOING GREEN MAKES NO WARRANTY THAT THE ECHOING GREEN WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ECHOING GREEN MAKE ANY WARRANTY AS TO THE RESULTS OF SUCH USE OF THE ECHOING GREEN WEBSITE.  ECHOING GREEN WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE ECHOING GREEN WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ECHOING GREEN WEBSITE IS 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 SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT ECHOING GREEN DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE ECHOING GREEN WEBSITE.  ECHOING GREEN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OF THE USE OF SUCH INFORMATION.  THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ECHOING GREEN NOR ITS REGISTERED USERS, WHILE SUCH REGISTERED USERS ARE CONTRIBUTING TO THE ECHOING GREEN WEBSITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.  ECHOING GREEN ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

ECHOING GREEN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED ON THE ECHOING GREEN WEBSITE.  YOUR PARTICIPATION IN AND CONTRIBUTIONS TO THE ECHOING GREEN WEBSITE ARE SOLELY AT YOUR OWN RISK.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE ECHOING GREEN WEBSITE OR FROM ECHOING GREEN, ITS EMPLOYEES, CONSULTANTS, AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ECHOING GREEN MAKES NO WARRANTY REGARDING ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, CONTENT, OR TOOLS PURCHASED OR OBTAINED THROUGH THE ECHOING GREEN WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ECHOING GREEN WEBSITE.

ECHOING GREEN IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE ECHOING GREEN WEBSITE.  ECHOING GREEN MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH ECHOING GREEN MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST ECHOING GREEN WITH RESPECT TO SUCH SITES.

 

Limitation Of Liability

ECHOING GREEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE ECHOING GREEN WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE ECHOING GREEN WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES EVEN IF ECHOING GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

You agree to indemnify and hold each of Echoing Green, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Echoing Green website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

 

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions.  By registering for or visiting the Echoing Green website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

 

Remedies For Breach Of These Terms By You

In the event that Echoing Green determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Echoing Green website, Echoing Green reserves the right to (i) warn you via email (to any email address you have provided to Echoing Green) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the Echoing Green website; (iii) discontinue your registration(s) with Echoing Green; (iv) discontinue your subscription to any digital product, product, content, tool, or service accessed or obtained through the Echoing Green website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action which Echoing Green deems to be appropriate.

If your registration(s) with or ability to access the Echoing Green website, any other Echoing Green community, and/or any service, product, content, tool, or digital product provided to you by Echoing Green is discontinued due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of the Echoing Green website, then you agree that you shall not attempt to re-register with or access the Echoing Green website, any other Echoing Green community, and/or any service, product, content, tool, or digital product provided by Echoing Green, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Echoing Green reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i) through (vi) of this provision without any notice or warning to you.

 

Miscellaneous

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Echoing Green may assign its rights and obligations under these Terms of Use and upon such assignment Echoing Green may be relieved of any further obligation hereunder.

You represent to Echoing Green that you have the authority to register with or visit the Echoing Green website according to these Terms of Use.  Echoing Green does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the Echoing Green website.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Echoing Green website) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings.  Any legally unenforceable provision of these Terms of Use will, at the election of Echoing Green, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Echoing Green reserves the right to terminate free access to the Echoing Green website including any or all content, services, digital products, products, or tools with or without notice to you.  Echoing Green reserves the right (at its sole discretion) to provide you with notice of such change by prominently posting a notice on the Echoing Green website and/or sending written notice to you at any e-mail address you have provided to Echoing Green.

 

Privacy Policy | Terms of Use | Connect with Us
Echoing Green is a 501(c)3 nonprofit organization