Terms of service
This agreement was written in English (US). Date of Last Revision: August 16, 2012.
Effective as of August 16, 2012
Limitations on Use and General Acknowledgements and Representations
You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your membership account or otherwise will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not Treedy) shall be solely responsible for all materials submitted to the Site.
With respect to information that you may elect to submit though the Site, you agree to provide any additional information requested by Treedy, and that all information submitted by you to the Site was obtained by you through legal and ethical means. If you elect to register as a member of the Site for any purpose, you agree that all information provided or submitted by you related to your membership account shall be true, accurate, correct, and complete for all purposes and you will maintain and promptly update your membership information from time to time to ensure the continual accuracy of your information. If Treedy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Treedy shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You further agree not to harvest or collect email addresses or other contact information of members from the Site by or through (directly or indirectly) electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. In addition, you agree not to use the Site to:
- Harass or advocate harassment of any person;
- Exploit or attempt to exploit people in any sexual, violent, disrespectful or otherwise inappropriate manner;
- Solicit personal information from anyone under the age of 18;
- Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable;
- Upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- Transmit "junk mail," "chain letters," or unsolicited instant messaging, or "spam" in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Site;
- Promote contests or sweepstakes that is not in conformity with all applicable laws;
- Promote pyramid schemes, ponzi schemes or any similar type of schemes;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
- Use or attempt to use another's account, service or system without authorization from Site, or create a false identity on the Site; or
- Engage in any conduct that is, or that Treedy deems to be, in violation of the Terms.
Under no circumstances will Treedy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted or otherwise made available via the Site. You agree and acknowledge that the information, ideas and opinions appearing on the Site do not necessarily reflect the views of Treedy.
User Content Posted on the Site
You are solely responsible for any content, information, data, videos, photos or profiles that you publish or display (hereinafter, "Post") on the Site, transmit to other members, or store via the Site in any manner. You understand and agree that Treedy may review and delete or remove any Post that in the sole judgment of Treedy violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members or any other third parties.
By posting any Post to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Treedy an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content in whole and in part, in any and all media now known or hereafter devised, and to prepare, distribute, use, copy, perform, display, reformat, and/or translate derivative works thereof, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If this Site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Online Forums"), you agree to use the Online Forums only to send and receive messages and material that are proper and related to the particular Online Forum. Treedy reserves the right to terminate your access to any or all of the Online Forums at any time without notice for any reason whatsoever. Treedy has no obligation to monitor the Online Forums. However, Treedy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Treedy's sole discretion. You acknowledge that all Online Forums are public and not private communications, and therefore that your communications may be read by others without your knowledge. Treedy does not control or endorse the content, messages or information found in any Online Forum and, therefore, Treedy specifically disclaims any liability with regard to the Online Forums and any actions resulting from the User's participation in any Online Forum. Online Forum administrators, if any, are not authorized Treedy spokespersons, and their views do not necessarily reflect those of Treedy.
Proprietary Rights in Content on Treedy
All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of Treedy, inclusive but without limit of all copyrights, of Treedy or its advertisers, partners or licensors, or registered members. All rights reserved. Except as expressly provided herein, the Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Treedy's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Notwithstanding the foregoing, in all cases, (except for a Post owned by you) you may not republish or use Content on any Internet, intranet or extranet site, or on any other tangible or intangible media or incorporate the information in any other database or compilation without first obtaining Treedy's prior written consent. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Site are either trademarks of Treedy or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Treedy.
YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.
Copyright and Intellectual Property Policy
A. Treedy respects the intellectual property rights of others. If you believe your work has been copied or used in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or believe any material on the Site infringes any other intellectual property right (including, without limitation, trademark rights and rights to publicity and privacy), please contact Treedy's designated copyright agent at the address listed below and provide the following information in the form of a written notification:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- 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.
The designated copyright agent for Treedy is:
37 Hope Street
Isle of Man
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not Treedy are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Treedy does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Treedy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
You agree to not use the Services to:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Treedy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- "stalk" or otherwise harass another; or
- extract, collect, process, combine or store personal data about other users.
You acknowledge that Treed! has no obligation to monitor Content. Treedy and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Treedy may access, preserve, and disclose your account information and Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Treedy or its affiliated companies; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Treedy, its users and the public.
You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Treedy reserves the right to terminate your access to some or all parts of its Services if you withdraw your consent in this paragraph at any time.
Links to other websites and this Site
You are solely responsible for your interactions with other Treedy members, users, and advertisers that may advertise or post a Post on the Site. Treedy reserves the right, but has no obligation, to monitor disputes between you and other members, users, and/or advertisers. You will not hold Treedy responsible for advertisers, other members or other users' actions or inactions, including things Site members and/or advertisers post or offer, including without limitation any Post. You acknowledge that Treedy is solely a facilitator and promoter of information provided to it by its members and advertisers. We are not involved in the actual development of the submitted Post and have detrimentally relied on the representations made by you and other users under the terms of this Agreement in order to provide the Site to the public. We have no control over and do not guarantee (a) the truth or accuracy of any advertisements, Posts, or other content posted on the Site or (b) any advertiser will actually complete a transaction with you at all or to your satisfaction. If you have a dispute with one or more users of the Site or any Site advertiser, you release Treedy (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Treedy is not responsible for any incorrect or inaccurate content posted on the Site or accessed via a link from the Site, whether caused by members of the Site or Site advertisers or by any of the equipment or programming associated with or utilized in the offering of the Site. Treedy is not responsible for the conduct of any user or member of the Site or Site advertiser.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Treedy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Treedy is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Site advertisers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site.
To the furthest extent allowed by law, under no circumstances will Treedy be responsible for any loss or physical damage, including personal injury or death, resulting from anyone's use of the Site, or any interactions between users of the Site, whether online or offline. THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED "AS-IS" AND WITH ALL FAULTS AND Treedy DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Treedy CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
Sharing Your Content and Information
At Treedy, you own all of the content and information you post on Treedy, and you can control how it is shared through your Privacy and in the settings tab. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your Privacy & Settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Treedy ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Treedy, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Treedy, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Treedy BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE, EVEN IF Treedy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, Treedy'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 (£)100.00 OR THE AMOUNTS PAID BY YOU DIRECTLY TO Treedy FOR SERVICES PROVIDED TO YOU VIA THE SITE.
Governing Law and Venue
These terms have been negotiated and executed in the United Kingdom and shall be governed by and construed under the laws of United Kingdom. In the event of any legal action to enforce or interpret these terms, the sole and exclusive venue shall be a court of competent jurisdiction.
You agree to indemnify and hold Treedy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party.
Treedy's Right to Terminate and Other Restrictions
Site membership is void where prohibited. By using the Site, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement. Treedy may terminate your membership or your access to all or portions of the Site for any reason or no reason at any time, in Treedy's sole discretion. Excessive uploading of files or use of multiple membership accounts by you or on your behalf may be considered by Treedy, at its sole discretion, to be a violation of this Agreement.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding your use of the Site, and with respect to online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold Treedy harmless for any violation of any such law arising out of or related to your use of the Site.
These Terms constitute the entire agreement between you and Treedy regarding the use of the Site, superseding any prior agreements between you and Treedy relating to your use of the Site. The failure of Treedy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.