Please read these terms of use (“Terms”) carefully before using eEcosphere, Inc.’s application or service. These Terms govern and apply to all persons who access and use (“Users”) eEcosphere’s service consisting of the mobile and Facebook applications (the “App”) and website domain and related services (collectively, the "Services"). By accessing or using eEcosphere, you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein, including eEcosphere’s Privacy Policy. If you do not agree to all of these terms and conditions, do not use our Service.

eEcosphere is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com 

1. Rules and Conduct for eEcosphere’s Service

1. You must be thirteen (13) years or older to use these Services.
2. You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos.
3. You are responsible for any activity that occurs under your username, so keep your password secure.
4. You may not impersonate another person or represent yourself as affiliated with eEcosphere or eEcosphere’s staff.
5. You must not abuse, harass, threaten, impersonate, or intimidate other eEcosphere Users.
6. You may not use web URLs in your username or posts without prior written consent from eEcosphere, Inc.
7. You may not use eEcosphere’s Services for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
8. You are responsible for verifying the safety, suitability, and functional state of any services or events you create via eEcosphere, if applicable.
9. You may not intentionally misrepresent any services given, shared, or sold via eEcosphere.
10. You are responsible for ensuring and being able to verify that you have legal standing to offer services and any applicable items (whether giving, selling, exchanging, sharing, or otherwise) posted on or using eEcosphere to promote your causes, ideas, or events.
11. You are responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio, video clips, links, comments, videos, “big idea” posts, idea or cause “adoptions,” shares across other social platforms, “Challenges,” exchanges, services, and related events ("Content") that you submit, post, promote, and display on eEcosphere.
12. eEcosphere does not control, is not responsible for, and makes no representations or warranties with respect to any User Content.
13. You are responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content.
14. You are responsible for any and all conduct that occurs at, or is related to an event (private or public) that you host, promote, or attend in association with eEcosphere, including but not limited to: (a) ensuring appropriate age of attendees; (b) altercations arising between parties; (c) damages to persons or property; (d) any other legal claim.

This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to eEcosphere by the User. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by eEcosphere in order to comply with certain legal obligations and claims. Consequently, eEcosphere encourages you to maintain your own backup of your Content. In other words, eEcosphere is not a backup service. eEcosphere will not be liable to you for any modification, suspension, or discontinuation of eEcosphere’s Services, or the loss of any Content.

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.

 

2. General Terms

1. You may not copy, modify or create derivative works of the App/Service
2. You may not disassemble, decompile, or reverse-engineer eEcosphere or modify another website, application, or product offering so as to falsely imply that it is associated with eEcosphere.
3. You may not transfer, share, or otherwise distribute the App/Service to anyone else.
4. You may not attempt to access eEcosphere's private API by any means.
5. You may not access or try to access non-public areas of the App/Service, our computer systems, or the technical delivery systems employed by our Service.
6. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the Service or any Content from eEcosphere or its Users.
7. You may not create or submit unwanted email or comments to any eEcosphere Users ("Spam").
8. You may not gather and use information, such as Users’ name, real names or email addresses, which are made available through the Service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
9. You may not transmit any worms or viruses or any code of a destructive nature.
10. You may not, in the use of eEcosphere’s Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
11. Violation of this agreement can result in the termination of your eEcosphere account. You also agree to indemnify and hold eEcosphere harmless as indicated within the Indemnification section below.
12. While eEcosphere prohibits certain conduct and content on its site, you understand and agree that eEcosphere cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the eEcosphere Service at your own risk.

3. General Conditions

1. We reserve the right to refuse service to anyone for any reason at any time.
2. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, may mislead other Users, or is otherwise deemed inappropriate by eEcosphere.
3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or violates any party's intellectual property, these Terms of Use, or Privacy Policy.
4. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

4. Proprietary Rights in Content on eEcosphere

1. eEcosphere does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other Content that you post on or through eEcosphere’s Services. By displaying or publishing ("Posting") any Content on or through eEcosphere’s Services, you hereby grant to eEcosphere a non-exclusive, royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels now known or hereafter invented.
2. Some of eEcosphere’s Services are supported by advertising revenue and may display advertisements and promotions. Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to give eEcosphere permission to use your name, profile picture, Content, and information in connection with commercial, sponsored, or related content (such as an organization, business, or project you interact with) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name, profile picture, Content, or information, without any compensation to you. Another example, is that you permit us to display your name, profile photo, content, or information in social media. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
3. You represent and warrant that: (i) you own the Content Posted by you on or through eEcosphere’s Services or otherwise have the right to grant the license set forth in this section, (ii) the Posting and use of your Content on or through eEcosphere’s Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of your Content on eEcosphere’s Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you Post on or through eEcosphere’s Services in accordance with the Indemnification section below.
4. eEcosphere hereby grants you a limited, revocable, non-sublicensable license to reproduce and display eEcosphere’s Content (excluding any software code) solely for your personal use in connection with using its Services.
5. eEcosphere’s Services contain Content of Users and other eEcosphere licensors and contributors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through eEcosphere’s Services.
6. eEcosphere performs technical functions necessary to offer eEcosphere’s Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout its Services.

5. Notice and Takedown Procedure for Copyright Complaints

 

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to eEcosphere as straightforward as possible, while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of eEcosphere will comply with applicable copyright laws. However, if eEcosphere receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to 17 USC Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

6. Designated Agent

eEcosphere’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Andrew Krause

2124 E 6th St, #301

Austin, Texas 78702

Upon receipt of proper notification of claimed infringement, eEcosphere will follow the procedures outlined herein and in the DMCA.

7. Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide eEcosphere's Registered Agent (listed above) the following information in a written communication (preferably via email):

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eEcosphere to locate the material;
3. Information reasonably sufficient to permit eEcosphere to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

8. Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide eEcosphere's Registered Agent (listed above) the following information in a written communication (preferably via email):

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, eEcosphere will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that eEcosphere will replace the removed material or cease disabling access to it in 10 business days. eEcosphere will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

9. Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, eEcosphere will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

10. Accommodation of Standard Technical Measures

It is eEcosphere's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that eEcosphere determines are reasonable under the circumstances.

11. Additional Terms Applicable to eEcosphere as Offered by Specific Partners

The following additional terms apply to copies of eEcosphere that are accessed through or downloaded from the Apple iTunes App Store ("App Provider"). In the event that you have acquired the Application via the iTunes App Store, you agree that,

1. These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
4. The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
7. You must also comply with any applicable terms of use provided by the App Provider when using the App.

In the event that you have acquired the Application via the Google Play Store, you agree that,

1. You may request a refund from the App Provider within 48 hours. The App Provider will refund the purchase price of the App to you.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. When you acquire App/Service via the App Provider you are allowed unlimited reinstall of the application. However, should the App be removed from the App Provider’s store, users shall no longer have a right or ability to reinstall affected products.

In the event that you have acquired the Application via the Microsoft App Store (“Microsoft App Provider”), you agree that,

1. You are permitted to provide a license agreement that allows the customer to download and run the App on up to eighty-one (81) personal Windows 8, Windows RT or successor devices that are associated with that customer’s Microsoft account, without payment of any additional fees to you (from either customer or Microsoft App Provider).
2. The Microsoft App Provider is not responsible for any support services from Microsoft, User’s device manufacturer, or User’s network operator.

12. Indemnification

You agree to indemnify and hold eEcosphere harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Service or use of the Service, (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with eEcosphere Users on eEcosphere’s Services, (b) your hosting or creation of a service post and/or promotion of any related events, or (c) your attending an event learned about on eEcosphere. Liability for any uploaded Content by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result therefrom.

eEcosphere retains the right to employ eEcosphere’s own counsel. You remain solely responsible for eEcosphere’s defense and must obtain eEcosphere’s written consent to a settlement. You agree to notify eEcosphere of a pending suit claiming you have violated a third party’s intellectual property or other rights. eEcosphere requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms of Use.

13. Integration with Third Party Services

The eEcosphere App and Service is integrated with the Facebook platform and its services, and may integrate with additional third parties in the future. If you are using the eEcosphere App and Service combined, integrated, or used with third party products, software applications, or website (“Third Party Service[s]”), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of eEcosphere or the Service, may be diminished when operating through a Third Party Service; (iii) eEcosphere cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.

14. Ownership

eEcosphere and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the App or the Service ("Feedback") is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

15. Modification

eEcosphere reserves the right, at its sole discretion, to modify or replace any of these Terms on eEcosphere’s website and/or app by sending you notice through the Service by push notification or email. eEcosphere may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. You may not opt out of these notifications, and your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

16. Termination

eEcosphere may terminate, change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service 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 use of the Service and related Content.

17. Disclaimer

You understand and agree that the App and the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

18. Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

19. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, eEcosphere’s liability will be limited to the fullest extent permitted by applicable law.

20. Arbitration

For any dispute you have with eEcosphere, you agree to first contact eEcosphere and attempt to resolve the dispute with us informally. In the unlikely event that eEcosphere has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and eEcosphere decide otherwise, arbitration will be conducted in California. If your claim is for US $10,000 or less, eEcosphere agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND EECOSPHERE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

21. Governing Law

These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.

22. Other Terms

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

23. Severability

No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.

Questions & Contact Information

Please contact us if you have any questions about our Terms.

Alternatively, eEcosphere can be contacted at:

eEcosphere, Inc.
2124 E 6th St, #301
Austin, Texas 78702

Effective: March 22, 2015