Acceptance of User Agreement.
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Copyright and Trademarks
All software used on this Site and all Content included on this Site including, without limitation, site design, text, graphics, audio and video and the selection and arrangement thereof is the property of Ecophiles or its suppliers and is protected by international copyright laws. None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. Requests to republish any of the Content and to use quotations or extracts from any articles published by Ecophiles should be addressed to [email protected].
You agree to grant to Ecophiles an exclusive, irrevocable, worldwide, perpetual, fully-paid, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to via the Site (such as comments, via the ‘Contact Us’ page, ‘Advertising Enquiries’ page or Submit an Article or Recipes pages, etc.) or by e-mail to Ecophiles by all means and in any media now known or hereafter developed. You also grant to Ecophiles the right to use your name and photograph in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Ecophiles for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Ecophiles.
Eligibility.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this User Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Content.
Definition. For purposes of this User Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Information Service Provider. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Ecophiles. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Site, Ecophiles is not undertaking any obligation or liability relating to the content. Ecophiles and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Ecophiles and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Ecophiles reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Right to Monitor and Editorial Control.
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
Use License. Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license of this Section 4(e) shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, solely for personal use of such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Unless otherwise agreed upon in writing by you and Ecophiles, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
Content Disclaimer
The Site may contain healthy living and food related tips and related materials. The Content on the site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Advertising and Affiliates.
Ecophiles may at times accept forms of cash advertising, sponsorship, paid insertions or other forms of affiliate compensation.
The compensation received may or may not influence the advertising content, topics or posts made on the Site. That content, advertising space or post may not always be identified as paid or sponsored content. Not all content is written or presented for the sole purpose of receiving affiliate income.
Ecophiles is compensated through various affiliate programs and some content presents opinions on products, services, websites and various other topics. Even though Ecophiles may receive affiliate compensation for reviews or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics, products or services.
Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. Ecophiles does not take responsibility for the quality, content, or dissatisfaction of products received via contests or giveaways. Such problems should be directed to the product company.
The Site does contain some content which may or may not present a conflict of interest. This content may not always be immediately identified due to the nature of posting methods. When possible, every attempt will be made to identify advertising from general non-advertising content.
We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
Rules of Conduct.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- Public Forums. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
- Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ECOPHILES HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Modification. We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes.
Privacy Policy.
We want visitors to our website to be able to take part fully in the activities and offers we provide. We also want to make sure that when we collect information from you, we do so in a way that does not infringe your right to privacy. This Privacy Policy is designed to give you useful information about the way we collect and use personal information and how we use cookies.
By using our website you accept the terms of this Privacy Policy.
When you use the Ecophiles site, you are accepting the terms and conditions of this Privacy Policy, and we will have the right to use your information as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must discontinue use of the Ecophiles Site. We may update this privacy policy at any time to reflect changes in our practices and service offerings.
Information Collected
Personally Identifiable Information
Personally-identifiable information is information that identifies or can be used to identify a user as a specific individual, such as a name, email address, mailing address and phone number.
We collect personally-identifiable information about you only if you voluntarily provide that information when you fill out a form, submit an article, enter a contest or giveaway, submit a product review or post a comment on this site.
We may use third party tools on the Ecophiles site to record the personally-identifiable information you provide. When we do, privacy policies of those third party services shall apply.
We use the personally-identifiable information you provide through the Ecophiles site to respond to your inquiries and requests and to keep accurate records concerning the services you are requesting, including but not limited to improving our website based on the information and feedback we receive from you, administer a contest, promotion, survey or other site feature, provide products or services you have requested, send you information, respond to inquiries and/or other requests or questions, etc.
We do not generally disclose your personal information to third parties. We may have to sometimes, in which case we will inform you of our intention to do so when we collect the information and you will have the opportunity to consent to that use or not.
We may share information about you if Ecophiles is acquired or merged with another company. We may also share information in the event that we are asked to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or as otherwise permitted by law.
Purchases. To purchase items from our online shop, you will be directed to our partner site(s), with which you may be required to register an account. For this, you will be asked to provide your name, email address, a password and password reminder, your billing and delivery address and bank details. Our partner sites may use a third-party payment service to facilitate purchases so, by providing them with your information, you consent to them passing that information to their payment service provided for the purpose of completing your transactions. Purchases will be subject to the Terms and Conditions of Sale for those sites and buying anything from those sites will constitute an acceptance of those terms. We will indicate the availability of a product before you are directed to our partner site(s), but we cannot guarantee that availability statuses will be 100% accurate.
Non-Personally Identifiable Information
Non-personally identifiable information includes demographic information (such as age, gender, city or state) and a user’s click stream information. We collect non-personally identifiable information in the following instances:
Log Files
As with most other websites, we collect and use the data contained in log files. The information in the log files include non-personally identifiable information that your browser automatically sends whenever you visit Ecophiles, including your IP (internet protocol) address, your ISP, browser type, browser language, date and time of the request.
Cookies
We use cookies on this site to enable certain parts of the site to function and to collect non-personal information about your use of the site so that we can improve our visitors’ experience.
Cookies are small text files that are placed on your computer or mobile device by websites that you visit. They cannot harm your computer and do not contain any information that enable us to identify you personally, they just enable our websites to recognise your computer and to identify certain other non-personal information such as which browser you are using. This information can be used to make the website work, to identify which parts of the site can work better or to analyse how often people visit the site and what they look at. We will not associate this data with any personally identifying information that you may choose to provide to us in other ways.
By your using this website, we imply that you have read this policy and agree to us sending you cookies.
We may use services provided by third parties like Google Analytics to track usage on our site. In addition, we have implemented social sharing buttons, so you can easily “Like” or share our content via, Facebook, Twitter, Pinterest, Linkedin, StumbleUpon, Google+, Reddit, etc. These third parties have their own privacy policies, which you can view through their respective websites. Some of these third parties store cookies in your browser.
We may also use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Ecophiles has no access to or control over these cookies used by third parties. The Ecophiles privacy policy does not apply to, and we cannot control the activities of, such other advertisers, services or web sites. You can opt-out of the collection and use of information for ad targeting by visiting http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.
To make full use of this site, your device must be set to accept cookies otherwise some of its functions may not work.
If you nevertheless want to restrict, block or disable cookies, you can do so by changing your browser settings. However, this can affect how you are able to interact with our site as well as other websites.
Security
We maintain safeguards to help protect the security, integrity and privacy of the personally-identifiable information within our control. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your information, please be advised that we assume no responsibility or liability for disclosure of your information due to errors in transmission, unauthorized third-party access or other causes beyond our control.
Collection of Information from Minors
The Ecophiles site is directed to, and intended for use by, adults only. We do not knowingly collect personally-identifiable information from children under the age of thirteen. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete such information from our records.
Miscellaneous.
Entire Agreement and Severability. This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement 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
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Governing law and jurisdiction:
We control and operate the Web Site from our offices in the United States of America and UK. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Ecophiles and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Ecophiles’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Ecophiles may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
