Terms of Service
By using the CopaVerde community (the "Community") that CopaVerde
("CopaVerde", "us", or "we") operates on its
sites (the "Sites"), you agree to be bound by these Terms of Service
(this "Agreement"), whether or not you register as a member of the
CopaVerde Community ("Member"). The CopaVerde services (the
"Services") consist of the Community and the Sites.
If you wish to become a Member, communicate with other Members, and make use of
the Service, read this Agreement and follow the instructions in the
registration process. This Agreement sets out the legally binding terms for
your membership and may be modified by CopaVerde from time to time. CopaVerde
reserves the right to modify the Agreement from time to time. CopaVerde will
post any modified version of the Agreement on the Sites and your continued use
of the Services after such a modified version of the Agreement has been posted
constitutes your acceptance to such modified version. If you want to use the
Services with a mobile device as set forth in Section 8 and you have trouble
reading the Agreement on such mobile device, please visit the CopaVerde site at
http://copaverde.com/terms/ to read this Agreement before you accept it on your
mobile device by registering and/or accessing or using the Services. You may
also receive a copy of this Agreement by emailing us at: contact@CopaVerde.com,
Subject: "Terms of Service Agreement".
In addition, when using particular functionalities and features that are part
of the Services, you may be subject to additional guidelines, terms, or rules
applicable to such functionalities and features ("Additional Terms"),
which may be posted from time to time. All such Additional Terms of CopaVerde
and the CopaVerde Privacy Policy (http://copaverde.com/policy/) are hereby
incorporated by reference into this Agreement.
If such additional functionalities and features are provided to us by any of
our partners (such as, but not limited to, media players for content provided
by our licensors) the additional terms that govern your use of such
functionalities and features are not incorporated into this Agreement, but
shall govern your use of such functionalities and features and you hereby agree
to comply with and be bound by such terms as a condition to your access and use
of such functionalities and features.
1. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY
INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING AND
USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13)
YEARS OLD. By using the Services, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement. If you are merely surfing or
browsing through the Sites and have not yet registered to become a Member, your
use of the Sites is still subject to this Agreement; if you do not agree to
this Agreement, do not use the Services.
2. MEMBER ACCOUNT. When you sign up to become a Member and create a CopaVerde
Member account ("Member Account"), you will also be asked to choose a
username and a password for your Member Account. You are entirely responsible
for maintaining the confidentiality of your password. You agree not to use the
Member Account, Member profile, username, or password of another Member at any
time. You agree to notify us immediately if you suspect any unauthorized use of
your Member Account or Member profile or access to your password. You are
solely responsible for any and all use of your Member Account and Member
profile.
3. TERM. This Agreement will remain in full force and effect while you use the
Services and/or are a Member. You may terminate your membership at any time,
for any reason by following the instructions on the "Help" pages, or
upon receipt by CopaVerde of your written or email notice of termination.
CopaVerde may terminate your access to the Sites. CopaVerde may terminate your
membership for any reason effective upon sending notice to you at the email
address you provide in your application for membership or such other email
address as you may later provide to CopaVerde. If CopaVerde terminates your
membership in the Community because you have breached the Agreement, you will
not be entitled to a refund of any unused subscription fees, if any. Even after
this Agreement is terminated, the following provisions of this Agreement will
remain in effect: Sections 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and
20.
4. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal use of
individual Members only, and may not be used in connection with any commercial
endeavors. This includes providing links to other websites, whether deemed
competitive to CopaVerde or otherwise. Organizations, companies, and/or
businesses may not become Members of CopaVerde and should not use the CopaVerde
Services for any purpose. Illegal and/or unauthorized uses of the Services,
including unauthorized framing of or linking to the Sites will be investigated,
and appropriate legal action may be taken. In addition, you may not register
for more than one Member Account, register for a Member Account on behalf of an
individual other than yourself or register a Member Account on behalf of any
group or entity. Furthermore, you may not use or attempt to use another's
Member Account without authorization from us or create a false identity on our
Services.
5. PROPRIETARY RIGHTS IN THE SERVICE. CopaVerde owns and retains all
proprietary rights in the Services. The Services contain the copyrighted
material, trademarks, and other proprietary information ("Intellectual
Property") of CopaVerde, and its licensors, including other CopaVerde
Members. Except for Intellectual Property which is in the public domain or for
which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such Intellectual
Property and the provision of such Intellectual Property to you through the
Services does not transfer to you or any third party any rights, title or
interest in or to such Intellectual Property, including, without limitation,
any intellectual property rights in any Content (as defined below) and material
included therein.
6. CONTENT POSTED ON THE SERVICES. You understand and agree that CopaVerde may
(but is not obligated to) review any content, communication, information,
Intellectual Property, material, messages, photos, videos, URLs, profiles and
the like (collectively, "Content") that is uploaded, published or
displayed (hereinafter, "posted") on the Services and delete or
refuse to take online any such Content, including, without limitation, any
Content that in the sole judgment of CopaVerde violates this Agreement or which
might be offensive, inappropriate, illegal, or that might violate the rights,
harm, or threaten the safety of other Members or third parties. You are solely
responsible for the Content that you post on the Services, or transmit to other
Members or third parties. By posting Content to any area of the Services, you
automatically grant, and you represent and warrant that you have the right to
grant, to CopaVerde an irrevocable, perpetual, non-exclusive, royalty-free and
fully paid, worldwide license to reproduce, distribute, publicly display and
perform (including by means of a digital audio transmission), and otherwise use
Content and to prepare derivative works of, or incorporate into other works,
such Content, and to grant and authorize sublicenses of the foregoing. In addition,
you represent and warrant that you have the right to post the Content and you
will not post any illegal or prohibited Content and will not infringe,
misappropriate, violate or contravene any third party rights (including,
without limitation, any intellectual property rights). The following is a
partial list of the kind of Content that is illegal or prohibited on the Sites
("Prohibited Content"). CopaVerde reserves the right (but is not
obligated) to investigate and to take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending Content from the Service and terminating the
membership of such violators.
Prohibited Content includes Content that:
(a) is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or that promotes
illegal activities or conduct that is illegal, abusive, threatening, obscene,
defamatory or libelous;
(e) promotes an illegal and/or unauthorized ("pirated") copy of
another person's copyrighted work (whether marked as such, or not), such as,
but not limited to, providing pirated computer programs or links to them,
providing information to circumvent copy-protection mechanisms, or providing
pirated music, video or other pirated Content, or links to such pirated music,
video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any
form;
(h) provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but
not limited to, making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for
commercial or unlawful purposes from other users; and engages in commercial
activities and/or commercial sales without our prior written consent,
including, without limitation, contests, sweepstakes, barter, advertising, and
pyramid schemes;
(k) constitutes, promotes, or is used primarily for the purpose of dealing in:
counterfeit goods, items subject to US embargo, illegal drugs and
paraphernalia, stolen products and items used for theft, unlicensed trade or
dealing in stocks or securities, gambling items, professional services
regulated by state licensing regimes or non-transferable items; or (l)
otherwise violates the terms of this Agreement or creates liability for
CopaVerde.
You must use the Services in a manner consistent with any and all applicable
laws and regulations. You may not engage in advertising to, or solicitation of,
other Members to buy or sell any products or services through the Services,
except as to the extent expressly allowed by CopaVerde in specific sections of
the Services. You may not transmit any chain letters or junk email to other
Members or other parties. You may not engage in any automated use of the
Services, such as using scripts, bots, or the like, to add friends or send
comments or messages. Although CopaVerde cannot monitor the conduct of its
Members off the Services, it is also a violation of these rules to use any
information obtained from the Services in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, CopaVerde reserves the right to restrict
the number of emails and other communications (including sharing of Content)
which a Member may send to other Members in any twenty-four (24) hour period to
a number which CopaVerde deems appropriate in its sole discretion.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in
your Member profile may not contain nudity, violence, sexually explicit, or
offensive subject matter. You may not post a photograph of another person
without that person's permission.
8. MOBILE SERVICES. You may access and use the Services using certain mobile
devices. Unless otherwise specifically stated herein, your access and use of
the Services via a mobile device is subject to the terms and conditions of this
Agreement and your full compliance with all your obligations hereunder,
including, without limitation, the terms and conditions regarding the use and
provision of Content. By accessing and using the Services with a mobile device
you acknowledge and agree that you may receive certain communications from the
Services (such as SMS, MMS, text messages, mobile emails, or other electronic
communications means, collectively "Mobile Communications"). Please
note that by accessing and using the Services via mobile devices, or by using
certain mobile features, such as receiving or sending Mobile Communications via
your mobile device, you may incur fees from the provider or carrier of the
mobile services that you use ("Carrier") and you are solely
responsible for the payment of such fees. If you choose to update your profile
with information about your actual location (including location-related
information provided by your Carrier or applications), you acknowledge and
agree that (a) such information may be made available to every viewer of your
Member profile and (b) CopaVerde does merely make this information available
upon your request and is not responsible for the correctness of such
information and any use of such information by third parties, including other
Members.
9. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; a description of the copyrighted work that
you claim has been infringed; a description of where the material that you
claim is infringing is located on the Sites; your address, telephone number,
and email address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. CopaVerde's Copyright Agent
for notice of claims of copyright infringement can be reached by writing the
following:
CopaVerde
Attn: Copyright Agent
6469 Winding Lake Dr
Jupiter, FL 33458
contact@CopaVerde.com
10. MEMBER DISPUTES. Your interactions with other Members in connection with
the Services or with advertisers, including, without limitation, payment and
delivery of goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and the
other Members or the advertiser. You agree that CopaVerde will not be
responsible for any loss or damage incurred as the result of any such dealings
or with respect to any other Member's use or disclosure of your personally identifiable
information. If there is a dispute between you and any third party (including,
without limitation, any Member), CopaVerde is under no obligation to become
involved; however, we reserve the right, but have no obligation, to monitor
disputes between you and other Members.
11. THIRD PARTY CONTENT. Content from other Members, advertisers, and other
third parties may be made available to you through the Services. Because we do
not control such Content, (a) you agree that we are not responsible for any
such Content and (b) we make no guarantees about the accuracy, currency,
suitability, or quality of the information in such Content, and we assume no
responsibility for unintended, objectionable, inaccurate, misleading, or
unlawful Content made available by other Members, advertisers, and other third
parties.
12. RELEASE. To the extent permitted under applicable laws, you hereby release
CopaVerde from any liability related to: (a) any incorrect or inaccurate
Content posted on the Services, whether caused by any user of the Services or
Member, or by any of the equipment or programming associated with or utilized
in the Services; (b) the conduct, whether online or offline, of any user of the
Services or Member; (c) any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or Content players on account of
technical problems or traffic congestion on the Internet or at any Sites, or
combination thereof, including injury or damage to user's and/or Member's or to
any other person's computer related to or resulting from participating or
downloading materials in connection with the Services; (d) any loss or damage
caused by Content posted on the Services or transmitted by and to Members, or
any interactions between users of the Sites and/or Members, whether online or
offline; and (e) any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, Sites user or Member communications.
If you are a California resident, you hereby waive California Civil Code
Section 1542, which states: "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."
13. DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE
PROVIDED "AS-IS" AND AS AVAILABLE AND COPAVERDE EXPRESSLY DISCLAIMS
ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT
AND COPAVERDE DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS
FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. COPAVERDE DOES NOT
ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
14. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS,
COPAVERDE SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING
ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COPAVERDE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, COPAVERDE'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO COPAVERDE FOR THE SERVICES;
AND (2) FIFTY U.S.DOLLARS (US$50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. U.S. EXPORT CONTROLS. Any software provided by CopaVerde through the
Services (the "Software") is further subject to United States export
controls. No Software may be downloaded from the Services or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
16. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by the laws
of the State of Florida without giving effect to any conflict of laws
principles that may provide the application of the law of another jurisdiction.
You and CopaVerde agree to submit to the jurisdiction of, and agree that venue
is proper in, the state courts located in West Palm Beach, Florida (USA) and
the federal courts located in Palm Beach Country (USA) in such legal action or
proceeding. Any claim or dispute (excluding claims for injunctive or other
equitable relief as set forth below) in connection with this Agreement where
the total amount of the award sought is less than five thousand U.S. Dollars
(US$ 5,000.00) may be resolved in a cost effective manner through binding
non-appearance-based arbitration, at the option of the party seeking relief.
Such arbitration shall be initiated through an established alternative dispute
resolution provider ("ADR Provider") that offers arbitration as set
forth in this section and under the rules of such ADR Provider, except to the
extent such rules are in conflict with this Agreement. The party demanding arbitration
will propose an ADR Provider and the other party shall not unreasonably
withhold consent to use such ADR Provider. The ADR Provider and the parties
must comply with the following rules: a) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the specific
manner shall be chosen by the party initiating the arbitration; b) all
arbitration proceedings shall be held in English, or any other language the
parties may mutually agree upon; c) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually
agreed by the parties; and d) any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. Each party
shall bear its own costs (including attorney fees) and disbursements arising
out of the arbitration, and shall pay an equal share of the fees and costs of
the ADR Provider. Notwithstanding the foregoing, CopaVerde may seek injunctive
or other equitable relief to protect its intellectual property rights in any
court of competent jurisdiction. Please note that the laws of the jurisdiction
where you are located may be different from Florida law. You shall always
comply with all the international and domestic laws, ordinance, regulations and
statutes that are applicable to your use of the Services.
17. ELECTRONIC COMMUNICATIONS. The communications between you and CopaVerde use
electronic means, whether you visit the Sites or send us emails, or whether
CopaVerde posts notices on the Services or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from CopaVerde
in an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that CopaVerde provides to you
electronically satisfy any legal requirement that such communications would
satisfy if it were be in writing. The foregoing does not affect your
non-waivable rights.
18. INDEMNITY. You agree to indemnify and hold CopaVerde, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Services in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
19. OTHER. This Agreement contains the entire agreement between you and
CopaVerde regarding the use of the Services. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force
and effect. Notwithstanding any other provisions herein, no party will be
deemed as a third-party beneficiary to this Agreement and a third party
(including another Member) who is not a party to this Agreement has no right to
enforce any term of this Agreement. If any provision of this Agreement is found
to be invalid or unenforceable, such provision will be changed and interpreted
to accomplish the objectives to the greatest extent possible under any
applicable law and the remaining provisions will continue in full force and
effect. The failure of CopaVerde to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. Please contact us with any questions regarding this
Agreement.
20. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2009, CopaVerde. All rights
reserved. The trademarks, logos and service marks ("Marks") displayed
on the Services are our property or the property of other third parties. You
are not permitted to use these Marks without our prior written consent or the
consent of such third party, which may own the Mark.
The Plan- CopaVerde © 2009
- English (US)
