Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not add content to the Website or use any services. Acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Ecojam membership and content. If you create content on the Website, you are fully responsible for all activities associated with the material you post on the website (“content”) and any other actions taken in connection with your content. You must not describe content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Ecojam may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Ecojam liability. Ecojam will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you add content, comment on content, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, the Content is not posted under the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Ecojam or otherwise.
Content displayed on Ecojam is protected as a collective work by copyright laws and international conventions. You agree not to copy or distribute or alter content taken from Ecojam without written consent. By submitting Content to Ecojam for inclusion on the Website, you grant Ecojam a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Ecojam will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Ecojam has the right (though not the obligation) to, in Ecojam’s sole discretion (i) refuse or remove any content that, in Ecojam’s reasonable opinion, violates any Ecojam policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Ecojam’s sole discretion. Ecojam will have no obligation to provide a refund of any amounts previously paid.
3. Abuse of Ecojam
Ecojam and the Ecojam community (including local coordinators) work to maintain the safety of the community and ensure the site functions properly. Users of Ecojam should report problems, offensive content and breaches of our policies using the reporting system or by contacting firstname.lastname@example.org. In case an Ecojam member breaches our terms and conditions, or fails to act in the spirit of Ecojam’s policies, we may respond by removing content, issuing warnings, terminating their access to the website, or take legal action. We do not however accept liability for monitoring Ecojam or for unauthorised or unlawful content on Ecojam.
4. Dissemination of content
To promote the content you post on Ecojam, we may display it on other sites, like Facebook or Twitter. By using Ecojam, you agree that your content can be displayed on other sites. If you post your content on another site yourself, you may be responsible for ensuring that it complies with their website policies.
5. Payment and Renewal.
- General Terms.
Optional paid services such as premium event, job or directory listings are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Ecojam the monthly or set subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify Ecojam before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site’s dashboard.
6. Responsibility of Website Visitors. Ecojam has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Ecojam does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ecojam disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Ecojam links, and that link to Ecojam. Ecojam does not have any control over those non-Ecojam websites and webpages, and is not responsible for their contents or their use. By linking to a non-Ecojam website or webpage, Ecojam does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ecojam disclaims any responsibility for any harm resulting from your use of non-Ecojam websites and webpages.
8. Copyright Infringement. As Ecojam asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Ecojam.org violates your copyright, you are encouraged to notify Ecojam. Ecojam will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Ecojam will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ecojam or others. In the case of such termination, Ecojam will have no obligation to provide a refund of any amounts previously paid to Ecojam.
9. Intellectual Property. This Agreement does not transfer from Ecojam to you any Ecojam or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ecojam. Ecojam, Ecojam.org and the Ecojam local (e.g. Ecojam Bristol logos, and all other service marks, graphics and logos used in connection with Ecojam, or the Website are protected under common law. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Ecojam or third-party trademarks.
10. Advertisements. Ecojam reserves the right to display advertisements on web pages containing content that you have posted.
11. Changes. Ecojam reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ecojam may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Termination. Ecojam may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ecojam membership, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Limitation of Liability. In no event will Ecojam, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ecojam under this agreement during the twelve (12) month period prior to the cause of action. Ecojam shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to not hold Ecojam responsible for actions and content that other users post or do. We are not obligated to review the posts of users and play no part in the transaction between users offline; for example, the picking up of ‘free stuff’ or organisation of events advertised on Ecojam. Since users provide the majority of content on Ecojam, we do not guarantee that the content on Ecojam or communications between users is accurate, safe or legal.
Under no circumstances do we accept liability of any posted content that is unlawful, threatening, abusive, defamatory, obscene or indecent. Nor do we accept liability for any material which infringes upon the rights of any other person, including conduct which is found to be or encourage a criminal offence, civil liability or infringe on any relevant law.
In accordance with the law, Ecojam disclaims any warranties, representations and conditions, such as quality, durability, fitness for a particular purpose, and those stipulated by statute. Ecojam is not liable for any loss, including goodwill, money, reputation, or any indirect or consequential damages that may arise from the use of Ecojam. This also applies in the case that you advised Ecojam or even of we could forsee the possibility of loss or damage happening.
15. Indemnification. You agree to indemnify and hold harmless Ecojam, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Ecojam and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Ecoajm, or by the posting by Ecojam of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England and Wales. You and Ecojam agree to submit to jurisdiction of the English courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ecojam may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.