Updated: November 2011
Welcome to Carrotmob ("Carrotmob," "we," "our," or "us"). By using or accessing our websites (including, but not limited to, carrotmob.org), platforms, applications, tools and related services (collectively, the "Services,") you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of our Terms of Service. The following terms and conditions, including any future modifications to this Terms of Service, and all guidelines are collectively referred to herein as the "Terms of Service."
Carrotmob reserves the right, at our sole discretion, to modify, revise, discontinue or terminate the Terms of Service at any time and without prior notice. If we modify the Terms of Service, we will post the modification on our website. By continuing to access or use the Services after we have posted a modification on our website you are indicating that you agree to be bound by any such modifications or revisions to the Terms of Service. If you do not agree with the modified or revised Terms of Service, your only recourse is to cease using the Services.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Carrotmob is not required to provide you notice before terminating or suspending your access to the Services, but we may, in our sole discretion, do so. Moreover, Carrotmob reserves the right to stop offering and/or supporting any or all of the Services at any time. In such event, Carrotmob shall not be required to provide refunds, benefits or other compensation to users.
Our Services may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that platform.
ALL OF THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER, IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Our Services provide our users with a variety of tools and resources to assist users in facilitating the organization of groups and networks of individuals, who through organized consumer purchasing, buy products and services in order to reward businesses that are making the most socially responsible decisions.
These tools and resources enable our users to arrange, discuss, and participate in physical and/or virtual meetings, gatherings, demonstrations and campaigns ("Buycotts") at venues that include, but are not limited to, public parks, government buildings, private enterprises, retail establishments and the Internet. Carrotmob does not supervise these Buycotts and is not involved in any way with the actions of the individuals who are present at these Buycotts. We expressly request that our users exercise caution, good judgment and proper decorum when attending or participating in these Buycotts.
Since Carrotmob does not supervise or control the Buycotts or interactions among or between members of a particular Buycott and/or other individuals or companies, you expressly agree that you bear all risk and you agree to release Carrotmob (and our officers, directors, stockholders, agents, employees, affiliates, subsidiaries and third party partners and affiliates) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connection with your use of the Services, your transportation to or from, attendance at, participation in or the actions of you or others at a Buycott. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
Subject to compliance with the Terms of Service, we are granting you a limited, non-exclusive, non-transferable, revocable limited license to access the Services. If you violate the Terms of Service, we reserve the right to terminate your license without notice.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Carrotmob and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names and any other proprietary designations of Carrotmob used herein are trademarks or registered trademarks of Carrotmob. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You retain ownership rights to your "User Content," which is defined as any information post or other material you provide (directly or indirectly), through the registration process for a Buycott, or through the use of our Services, in any public message board or through email. All User Content is the sole responsibility of the person from whom the User Content originated. Any of your User Content that, through the use of our Services or otherwise that you submit or make available for inclusion on publicly accessible areas of our Services is referred to as "Public Information." All other portions of your User Content are referred to as "Private Information." "Publicly accessible" areas of our Services include, but are not limited to, areas of our websites that are available to the general public or some or all of our users.
We have the right, but not the obligation, to remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Services. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such content or engages in unacceptable behavior on or through the Services.
Examples of unacceptable content or behavior on the Services include, but are not limited to:
Unfortunately, we cannot control all content posted by third parties to the Services, and as a result, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Carrotmob be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us at email@example.com.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify Our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
1360 Hayes St
San Francisco, CA 94117
Links to third party sites may from time to time appear within the Services. Any linked sites are not controlled by us and may collect data or solicit personal information from you. We are not responsible for such linked sites, their content, business practices, goods and services or privacy policies, or for the collection, use or disclosure of any information by those sites. We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, 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. You agree that we shall not be 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 advertisers on the Services. If there is a dispute between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Carrotmob, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of the Terms of Service or any termination of your use of or subscription to the Carrotmob Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARROTMOB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CARROTMOB MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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 CARROTMOB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARROTMOB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CARROTMOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) 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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Carrotmob, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or use of the Services, including any breach by you of the Terms of Service and any claims arising from the content you submit, post, transmit or make available through the Services.
The Terms of Service, your rights and obligations, and all actions contemplated by the Terms of Service shall be governed by the laws of the California. As a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected with Carrotmob, shall be resolved through arbitration, with such arbitration to be held in San Francisco County, California.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms of Service is the entire agreement between you and Carrotmob with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Carrotmob with respect to the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign or transfer the Terms of Service, by operation of law or otherwise, without the prior written consent of Carrotmob. Any attempt by you to assign or transfer the Terms of Service, without such consent, will be null and of no effect. Carrotmob may assign or transfer the Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms of Service, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings are for convenience only and have no legal or contractual effect.
If you have any questions about the Terms of Service, please contact us at firstname.lastname@example.org.
Copyright © 2011 Carrotmob, Inc.
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The fastest and easiest way to join Carrotmob is by connecting with your Facebook account. You will also be able see what your friends are doing on Carrotmob and quickly share some of your activities with your network. To learn more about how this works, read this. If you are curious about the permissions we're requesting of your Facebook account, read this. Clicking this button will NOT post anything to your Facebook wall.