BEYOND THE TREES, LLC
Terms of Use
Important - Read Carefully
This web site is operated by Beyond The Trees, LLC (“Beyond The Trees”). By using or visiting this web site (hereinafter referred to as “Site”), You signify your agreement to this Terms of Use Agreement (“Terms of Use”) and the Privacy Policy, the Copyright Policy and Refund Policy located at ww.beyondthetrees.net (collectively, the “Agreements”). The Agreements are hereby incorporated by reference and made a part hereof as if fully set forth herein. If You do not agree to any of the terms in the Agreements, then please do not use the Site.
Your use of the Site constitutes your acknowledgment of having read and understood these Terms of Use and constitutes your agreement to all the terms and conditions contained herein. This is a binding agreement between Beyond The Trees and you. To serve your privacy needs and to adapt to changing legal and industry standards, Beyond The Trees reserves the right, at its discretion, to update or revise these Terms of Use. You are encouraged to review these Terms of Use and other policies, terms and conditions, and notices posted on this Site from time to time to keep abreast of any material changes. Your continued use of the Site following any posted revisions constitutes your consent to such changes. Additionally, by requesting services, submitting photographs or other data in connection with the Site’s online forms, search fields, or blog, you reiterate your agreement to these Terms of Use. You also understand and agree that if you use the Site after the date on which these Terms of Use has been amended, Beyond The Trees will treat your use as an acceptance of the updated Terms of Use or additional terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. By visiting the Site, using the services offered on the Site, services offered by Beyond The Trees (“Services”) and/or completing the online registration, You represent and warrant, that You have the requisite authority to consent and bind to the Agreements, the person (“Individual”) or the partnership, organization or entity (“Group”) that You are seeking to register as a member of the Site and/or on whose behalf You are using the Services, or accessing the Site. References to “You” or “Your” in the Agreements includes the Group and each of the Members of the Group You represent. You agree to the terms and conditions contained herein and accept the liability to pay Beyond The Trees the specified fees for Services.
Membership
In order to access some features of the Site, You will have to create an account. You can register as Individual or as a Group (“Member”). If You register as an Individual, when creating an account, You agree to provide accurate and complete information. You are solely responsible for the activity that occurs on Your account. You agree to keep Your password confidential. You may not share Your password or permit anyone else to use Your account.
If You register as a Group, the Group and each member of the Group, agrees to provide complete and accurate information at the time of creation of the account or during registration as a member of the Group. The Group and each member of the Group are jointly and severally responsible for activity that occurs on the account and are responsible for ensuring compliance with the Agreements by the other members of the Group. Each Group shall be solely responsible for designating a person as the Group leader (“Group Leader”). If You register as a member of a Group, You agree and acknowledge that the Group Leader may, in his or her sole discretion, remove any member of the Group and any digital images or content submitted by any member of the Group at any time. You further acknowledge that Your digital images and content will be available to other members of the Group, even if You are no longer a member of the Group.
You must notify Beyond The Trees immediately of any breach of security or unauthorized use of Your account. You agree to never use another’s account without permission from Beyond The Trees. Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents or to purchase products or services is not transferable. Beyond The Trees is not liable for any loss that You may incur as a result of someone else using Your account, either with or without Your knowledge. Beyond The Trees
membership is limited to individuals who are 18 and older. You may not use this Site if You are under 18 years of age without parental consent and adult supervision.
Storage Policy
Beyond The Trees provides limited online storage of text, data, content, organization, images, graphics, and designs submitted by the Member (“Project”). A Project is available for 10 months from the day the Member of Group Leader initiates the Project, regardless of when the images are actually uploaded. Without limiting the foregoing, Beyond the Trees may, at its
option, suspend, interrupt, or terminate access to the Project by a Member, in whole or in part, at any time and for any reason.
Beyond The Trees Intellectual Property
The text, data, content, organization, images, graphics, design, software (including the underlying source and object codes), digital conversion and any other materials included in or related to the Site are our property or the property of our content suppliers or clients and are protected under applicable copyright, trademark and other proprietary rights (including but not limited to intellectual property) (“Beyond the Trees Intellectual Property”). The collection, arrangement and assembly of all content on the Site is subject to copyright as a “collective
work” under the United States Copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such content. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed under these Terms of Use, is strictly prohibited and may violate copyright, trademark, and other laws. Except as specifically permitted on the Site, You may not modify, remove, delete, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
How You may use Beyond The Trees Intellectual Property
The content of this Site is protected by copyright under both United States and foreign laws. You may download and view a single copy of the materials found on the Site for informational purposes and personal use only, provided that any copy that You make of the Beyond The Trees Intellectual Property must bear any copyright, trademark or other proprietary notice located on the Site which pertain to the Beyond The Trees Intellectual Property being copied. Except as authorized in this paragraph, You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology constituting Beyond The Trees Intellectual Property. All such rights are retained by Beyond The Trees or any third party owner of such rights. You may not create framed links or deep links to the Site without express written permission from Beyond The Trees. Content on the Site is being provided to You “AS IS” and “AS AVAILABLE” for informational purposes only. You may not use the Site for any commercial purposes without the express written consent of Beyond The Trees. Beyond The Trees, our logo, and all related design marks and slogans are the trademarks or service marks of Beyond The Trees or its subsidiaries or affiliates. You are not authorized to use any Beyond The Trees name or mark in any advertising, publicity, or any other commercial manner without the prior written consent of Beyond The Trees.
Member Intellectual Property
You shall solely be responsible for Your own photographs, postings, biographical
information, data, text, software, music, sound, graphics, video, messages, tags, and other materials (“User Submissions”) related to a Project and any intellectual property contained therein (“Member Intellectual Property”) and the consequences of uploading and publishing them. Beyond The Trees does not claim ownership to any User Submissions or Member Intellectual Property, except to the extent it contains, incorporates, or uses Beyond the Trees Intellectual Property. In connection with the User Submissions or Member Intellectual Property, You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize Beyond The Trees to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and Member
Intellectual Property to enable inclusion and use of the User Submissions and Member Intellectual Property in the manner contemplated by the Site and these Terms of Service.
How We May Use Member Intellectual Property
You understand that Beyond The Trees, in performing the required technical steps to provide services to its users, may (a) transmit or distribute the User Submissions and Member Intellectual Property over various public networks and in various media; (b) make such changes to the User Submissions and Member Intellectual Property as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media; and (c) do any and all things and use the User Submissions and Member Intellectual Property in the manner contemplated by the Site and these Terms of Service. You hereby grant Beyond The Trees a license to use such User Submissions and Member Intellectual Property in such a manner. No compensation will be paid for Beyond The Trees’ use of User Submissions and Member Intellectual Property to provide the products and Services to You.
Notification and Procedure for Making Claims of Copyright Infringement
It is Beyond The Trees policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. You may notify Beyond The Trees if Your work has been copied in a way that You believe constitutes copyright infringement. In compliance with Title 17, United States Code, Section
512(c)(2), Beyond The Trees has designated a Copyright Agent to receive any such notification.
Restrictions on Use of Site and Services by Member
You agree not to use the Site or Services for any purpose that is unlawful or prohibited by the Agreements. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use of the Site or Services. You may not seek to obtain any materials or information through the Site by any means not intentionally made available or provided for through the Site.
You agree that You will not:
• post any incomplete, false, or inaccurate biographical information or information which is not Your own;
• delete or revise any material posted by any other person or entity;
• post messages or transmit photographs that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including without limitation privacy and publicity) of others;
• violate the copyright, trademark, or other intellectual property rights of any other person or entity;
• upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer;
• improperly assume or claim the identity, characteristics, or qualifications of another person or post anything using a user name other than the one assigned to You;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted through the service;
• conduct or forward surveys, contests, pyramid schemes, or chain letters;
• except as otherwise authorized, use the Site for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations;
• harvest or otherwise collect information about others, including without limitation email addresses, without their consent;
• post messages for the purpose of spamming;
• attempt to gain access to any portion of this Site, any computer, server, account, network, software, or hardware associated with this Site, from which You are restricted;
• violate any applicable laws or regulations;
• harm minors in any way.
The Site may contain communications services such as bulletin boards, blogs, chat rooms, communities, electronic mail postings, and other public forums. If Beyond The Trees makes such forums available to You, You agree to post messages only if they are relevant to the intended subject matter of the forum. You agree not to post Member Intellectual Property on such communications services. Beyond The Trees is not obligated to monitor the communication
services contained on the Site. However, Beyond The Trees may, at its sole discretion, edit, decline to post, or remove any information or materials or any portion thereof. Please note that any materials You transmit through the communication services on the Site may not be private communications, and You acknowledge that these may be read by others without Your knowledge. You are solely responsible for any User Submissions or Member Intellectual
Property that are made available on such communication services. Because Beyond The Trees does not endorse or control the content found in these services, IT MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY OR RELIABILITY OF ANY SUCH CONTENT. The views expressed through postings to the communications services do not necessarily reflect those of Beyond The Trees.
No Scraping or Aggregation
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “scripts,” “webcrawlers,” or “offline readers,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser. Beyond The Trees reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communications systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their user submissions without consent. You agree that You will not use any device, software or routine that interferes with the proper working of the Site nor shall You attempt to interfere with the proper working of the Site. You agree that
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. While Beyond The Trees may not currently have a fixed upper limit on the number of transmissions You may send or receive through the services, such fixed upper limits may be set by Beyond The Trees at any time, at its sole discretion.
Anti-Spam Policy
While we encourage You to refer friends, family, colleagues, and others to use the Site, You may do so only through methods that are consistent with the terms and conditions of Your own internet service provider as well as prevailing standards of acceptable internet use and behavior. Except as otherwise specifically permitted, You may not use the Site, name, trademarks, or other intellectual property of Beyond The Trees in conjunction with sending of unsolicited email, or cause to be used Beyond The Trees’s equipment, network connectivity or other resources to originate, deliver, relay, or otherwise transmit unsolicited emailed messages.
You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Beyond The Trees’s network addresses or services are in any way identified as being associated with the sending of unsolicited mail. Incidents of “spamming” or similar inappropriate behavior should be reported to us.
How we may use information You provide to us
Any feedback, data, answers, reviews questions, opinions, advice, statement,
recommendation, comments, suggestions, ideas, or the like (“Posts”) which You send to Beyond The Trees will be treated as non-confidential and nonproprietary and You agree that any such Posts may be reproduced, used, and distributed by Beyond The Trees for any purpose without restriction. The term “Posts” does not include Projects or User Submissions. You are solely responsible for Your Posts.
Privacy
Beyond The Trees collects and stores information about the web pages You view and the data You enter in online forms and search fields. Although Beyond The Trees does not attempt to analyze web usage data to determine the identity of any user, some information collected is personally identifiable. Beyond The Trees also aggregates and analyzes the information it collects to improve its service and to prepare reports about aggregate web usage and shopping habits. For a full discussion of how we treat Your personally identifiable information, please see our Privacy Policy located at http://www.beyondthetrees.net/privacy.html.
Third Party Sites
This Site may link You to other sites on the internet (“Linked Sites”). The Linked Sites are not under Beyond The Trees control, and Beyond The Trees is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. Beyond The Trees does not screen the web sites included in its services and these Linked Sites are maintained by persons over whom Beyond The Trees exercises no control. These links are provided for Your
convenience, and do not imply endorsement of the Linked Sites by Beyond The Trees or any association with its operators. All rules, policies (including privacy policies) and operating procedures will apply to You while on such sites. We are not responsible for information provided to You by any merchants. We and the merchants are independent contractors and neither party has the authority to make any representations or commitments on behalf of the other. Accordingly, we encourage You to be aware when You leave the Beyond The Trees Site
and to read the terms and conditions and privacy policy of each other web site that You visit.
Endorsements
All product and service marks contained herein that are not Beyond The Trees marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.
Indemnity
You agree to defend, indemnify, and hold harmless Beyond The Trees and its employees, agents, directors, officers, and shareholders from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of Your use of the services, Your breach or alleged breach of this agreement, and Your breach or alleged
breach of the intellectual property or proprietary or other rights of third parties.
Disclaimer of Warranties/Limitation of Liability
You understand that all User Submissions and any Member Intellectual Property, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. Beyond The Trees is not responsible for, and does not represent or endorse the accuracy or reliability of, any User Submissions. Any reliance by You on any such User Submissions or any Member Intellectual Property shall be at Your sole risk.
ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BEYOND THE TREES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BEYOND THE TREES MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BEYOND THE TREES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SITE OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM BEYONDTHETREES.NET, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BEYOND THE TREES FOR ANY CLAIMS, LOSSES OR DAMAGES EXCEED THE TOTAL AMOUNT PAID BY YOU TO BEYOND THE TREES FOR THE SERVICE FOR WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE.
The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. If any action is necessary to enforce or interpret the terms of this Agreement, Beyond The Trees, if determined to be the prevailing party in accordance with applicable case law in Ohio shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements from You in addition to any other relief to which Beyond The
Trees shall be entitled.
THE SITE ALSO CONTAINS INFORMATION ABOUT US AND OUR MISSION.
WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE ASSOCIATED SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THEM.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.
Termination
Beyond The Trees reserves the right to terminate Your access to the Site or to any or all of the services at any time without notice for any reason whatsoever. Upon request for cancellation by You or termination of services by Beyond The Trees or You, You may be entitled to a refund of fees, if any, paid to Beyond The Trees by You. Any such refund, if available, shall be governed by the terms and conditions of Beyond The Trees’s Refund Policy located at http://www.beyondthetrees.net/refundpolicy.html.
Miscellaneous
The Site is operated from a location in the State of Ohio, United States of America. We make no representation that materials found at our Sites are appropriate or available for use in other locations. If You access our Site from other locations, You are responsible for compliance with local laws. You agree that: (1) the Beyond The Trees Site shall be deemed solely based in Ohio; and (2) the Beyond The Trees Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Beyond The Trees, either specific or general, in jurisdictions other than Ohio. These Terms of Use shall be governed by the substantive laws of the State of Ohio without regard to its conflict of laws principles. Any claim or dispute between You and Beyond The Trees that arises in whole or in part from the Site shall be decided exclusively by a court of
competent jurisdiction located in Hamilton County, Ohio. These Terms of Use, together with the Privacy Policy and any other legal notices published by Beyond The Trees on the Site, shall constitute the entire agreement between You and Beyond The Trees concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Beyond The Trees’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Beyond The Trees reserves the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of the Beyond The Trees Site following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised
terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BEYOND THE TREES SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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