To make it a bit easier to digest our Terms of Use and Privacy Policy, we thought we'd start by highlighting in plain English some of the issues. This summary is not a legal document. Of course you'll need to read the complete Terms of Use and Privacy Policy, but here's what we think is important:
Terms of Use
- When you purchase carbon offsets from Yurtcozy you are providing funds to Better World Credits for qualified projects that MicroEnergy Credits has created in collaboration with Microfinance Institutions. You are not getting a Yurt, nor a Cozy in return. You are getting a carbon credit that helps encourage the adoption of clean energy systems around the world.
- Better World Credits is a US-based 501(c)(3) non-profit organization that retires the carbon credits on your behalf.
- Thanks to the way tax codes work, this is only a charitable donation in the US or by a US Citizen. You have to figure out if you otherwise have a tax implication.
- Do not use Yurtcozy if you do not agree to the Terms of Use. Your use of Yurtcozy means you agree to the Terms of Use.
Privacy
- We'll only send you emails if you sign up. We'll never give or sell your email address to another company. We hate spam as much as you do.
- If you come to Yurtcozy directly from a partner site, we may share your information back with the partner that sent you to Yurtcozy. If that's the case, we'll tell you onscreen that we're going to do so. Other than that one case, we won't share any information that identifies you as an individual with any other third party. Not ever.
- If you decide to publicly post your personal information in our community sections, we can't be responsible for what happens to that information. Post wisely.
- We take great care to ensure that any personal information you store on Yurtcozy is secure and safeguarded at all times.
Read Yurtcozy's full Privacy Policy.
Yurtcozy
TERMS OF USE
(EFFECTIVE AS OF NOVEMBER 16, 2009)
PLEASE READ CAREFULLY
Should you have any questions
concerning this Agreement or need technical support, you may contact
Yurtcozy support by visiting http://www.Yurtcozy.org/
This Yurtcozy Terms of Use Agreement (this "Agreement") is a legal agreement between you and Better World Credits ("Yurtcozy", "we", "us" or "our") providing, among other things, the terms and conditions for your use of Yurtcozy's online and mobile peer-to-peer carbon calculation and carbon credit production and purchase services services (collectively, the "Yurtcozy Services"), including but not limited to delivery via our Web site [http://www.Yurtcozy.org] (the "Site"), a mobile device, or otherwise.
We may from time to time modify
these terms of use and will post a copy of the amended Agreement at
http://www.Yurtcozy.org/legal/
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING YURTCOZY SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE Yurtcozy SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE YURTCOZY SERVICES. YOU MAY BE DENIED ACCESS TO THE Yurtcozy SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
1.2 Registration. To use any aspect of the Yurtcozy Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Yurtcozy will use your Account Information in accordance with its privacy policy [www.Yurtcozy.org/privacy]. By providing Yurtcozy your email address, you consent to our using the email address to send you Services-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Services-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about Yurtcozy and special offers. You may opt out of such emails by changing your account settings or sending an email to opt-out@Yurtcozy.org. You may opt out of mobile text messages by sending an email to support@Yurtcozy.org. You may also opt out of mobile text messages and/or non-Services-related emails by sending mail to the following postal address:
Customer Support
Better World Credits
Opting out may prevent you from receiving messages regarding Yurtcozy or special offers.
1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Yurtcozy will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Yurtcozy, its partners, parents, subsidiaries, agents, affiliates, successors, assigns and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
1.4 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Yurtcozy uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us.
Credit card numbers are used only for processing payments and are not used for other purposes.
1.5
Credit Card Fraud. In the event that you experience unauthorized
use of your credit card through Yurtcozy's Services, you are responsible
to report the fraudulent activity promptly to your credit card company,
and for checking with your credit card company to verify
the applicable specific terms and conditions.
2. LICENSE TO YURTCOZY SERVICES
2.1 License Grant. Yurtcozy grants to you a limited, non-exclusive, non-transferable license to access and use the Yurtcozy Services in the United States for personal non-commercial purposes only. Yurtcozy makes no representation that the materials at its Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the amterials at this Site or any copy or adaptation in violation of any applicable laws or regulation, including, without limitation, U.S. export law and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are completely responsible for compliance with applicable local alws.
If you useany of the Yurtcozy Services, this license is contingent upon your payment of any applicable fees and your compliance with any other terms and conditions applicable to you as a user. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the Yurtcozy Services. Yurtcozy reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE YURTCOZY SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this Site or the material on this Site (in any form or media) without Yurtcozy's prior written permission.
2.2 Updates. Yurtcozy
may from time to time make available to all users of the Yurtcozy Services,
updates at no cost or subject to additional fees in Yurtcozy's sole
discretion. "Updates" means any updates, upgrades or error
corrections to the Yurtcozy Services that Yurtcozy makes available generally
to users of the Yurtcozy Services. Notwithstanding anything else contained
in this Agreement, Yurtcozy will have no obligation to continue producing
or releasing new versions of the Yurtcozy Services or any updates thereto.
3. INTELLECTUAL PROPERTY
3.1 Copyright. The copyright in Yurtcozy's Website, any mobile interfaces and the material thereon (including without limitation the text, computer code, artwork, photographs, images, music, audio material and audio-visual material thereon) is owned by MicroEnergy Credits and its respective licensors. As between you and Better World Credits, you acknowledge that Better World Credits owns or has a license to all title and copyrights in and to the Yurtcozy Services. All title and intellectual property rights in and to the licensed content in the Yurtcozy Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
You may request permission
to use the copyright materials on Yurtcozy's Site or connected to
the Yurtcozy Services by writing to support@Yurtcozy.org.
3.2 Trademarks and Third Party Trademarks. The following are registered trademarks or trademarks of Yurtcozy: Yurtcozy, and its design logo, as well as certain other Yurtcozy trademarks, service marks, graphics, and logos (collectively, the "Yurtcozy Trademarks") used in connection with the Yurtcozy Services. The Yurtcozy Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Yurtcozy Trademarks or the trademarks of any third party.
3.3 Enforcement of Intellectual Property Rights. Yurtcozy takes the protection of its copyright, Trademarks and other applicable intellectual property rights (together "Intellectual Property Rights") very seriously.
If Yurtcozy discovers that you have used its copyright materials in contravention of the license above, Yurtcozy may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You agree to pay legal costs in the event of such action.
If you become aware of any
use of Yurtcozy's copyright materials, Trademarks or other intellectual
property rights that contravenes or may contravene the license above,
please report this by email to compliance@Yurtcozy.org..
4. 4. PRIVACY POLICY
Yurtcozy cares about your privacy. It is important that you read and understand the terms of Yurtcozy's Privacy Policy. Yurtcozy may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, to the extent required by law, and in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Yurtcozy Services.
5. AGREEMENT TO PAY
If you elect to become a user of the Yurtcozy Services, you agree to pay all fees and charges associated with your use on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.
6. TERM
This Agreement will remain effective until terminated by you or terminated by us.
7. DISCLAIMERS
7.1 THE YURTCOZY SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE YURTCOZY SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YURTCOZY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YURTCOZY MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE YURTCOZY SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YURTCOZY DISCLAIMS ANY LIABILITY RELATING THERETO.
7.2 YURTCOZY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE YURTCOZY SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, YURTCOZY MAY MODIFY, SUSPEND, OR DISCONTINUE THE YURTCOZY SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER YURTCOZY ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE YURTCOZY SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
7.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. YURTCOZY DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
7.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE YURTCOZY SERVICES. YURTCOZY WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
7.5 BY USING YURTCOZY'S SERVICES,
YOU AGREE THAT THEPROVISIONS OF THIS SECTION 9 ARE REASONABLE. IF YOU
DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE YURTCOZY'S SERVICES.
8. LIMITATION OF LIABILITY
8.1 TO THE EXTENT THAT YURTCOZY'S SERVICES ARE PROVIDED FREE-OF-CHARGE, YURTCOZY WILL NOT BE LIABLE FOR ANY DIRECT LOSS WHATSOEVER ARISING FROM THE USE OF ITS SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT THE USE, INABILITY TO USE,OR THE RESULT OF THE USE OF ITS SITE, MOBILE INTERFACES OR SERVICES, ANY WEBSITE LINKED TO ITS SITES, MOBILE INTERFACES OR SERVICES, OR ANY INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR WHETHER OR NOT ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
8.2 IN NO EVENT WILL YURTCOZY BE LIABLE TO YOU FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF YURTCOZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YURTCOZY OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
8.2 YURTCOZY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE YURTCOZY SERVICES AT ISSUE.
9. INDEMNITY
YOU WILL INDEMNIFY AND HOLD YURTCOZY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, LICENSEES AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE YURTCOZY SERVICES.
10. GENERAL INFORMATION
10.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Yurtcozy Services.
10.2 Better World Credits, MicroEnergy Credits or its business partners may present advertisements or promotional materials via the Yurtcozy Services. Your dealings with, or participation in promotions of any third-party advertisers via the Yurtcozy Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Yurtcozy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Yurtcozy Services.
10.3 The Yurtcozy Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
10.4 The Yurtcozy Services are licensed to Better World Credits by MicroEnergy Credits Corporation and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
10.5 If any provisions of this Agreement are, or are found to be, unenforceable under spplicable law, that will the not affect the enforceability of the other provisions of this Agreement.
10.6 The Yurtcozy Site, mobile interfaces and Services may cotain one or more links that will bring you to the web page or materials of a third party. Yurtcozy has no control over the information that you receive trhough such links and is not responsible for information maintained by any third party.
10.7 This Agreement will be governed by the laws of the State of Washington. The exclusive jurisdiction for any claim, action or dispute with Yurtcozy or relating in any way to your use of the Yurtcozy Services will be in the state and federal courts of the State of Washington and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of King, Washington.
10.8 Should you have any questions concerning this Agreement or need technical support, you may contact Yurtcozy support by visiting . http://www.Yurtcozy.org/help
10.9 Yurtcozy may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Yurtcozy in its sole discretion. Yurtcozy reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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