Terms of Service
Terms of Service
User Terms of Service
1. ACCEPTANCE OF TERMS
greenearthtraveler.org ("GET") welcomes you to its online community. WE provides its service to you, subject to the following User Terms of Service ("TOS") and the WE Community Guidelines ("Guidelines"), both of which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.greenearthtraveler.org/userTerms.jsp and the most current version of the Guidelines at any time at: http://www.greenearthtraveler.org/guidelines.jsp. In addition, when using particular GET owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
2. DESCRIPTION OF SERVICE
GET provides access to a rich collection of resources, including an online community of global educators who create and post content, read, view, listen to, broadcast, edit, rate and share content with networks of other GET users or via the Internet at-large, through a network of properties which may be
accessed via the Internet (the "Service"). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for GET to provide the Service, and the Service may include certain communications from GET, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GET properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that GET assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. GET is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age to access and view the Service. In addition, please be aware that GET has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
You understand that all information, data, text, software, photographs, graphics, messages and/or other
materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not GET, are entirely responsible for all Content that you upload, post, broadcast, display, email, transmit or otherwise make available via the Service. GET does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GET to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and the TOS; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Service and the TOS. GET does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to such Content, you grant GET a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other GET property. GET reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by GET. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such
Content as permitted through the functionality of the Service and under the TOS. The foregoing license granted by you terminates once you remove or delete Content from the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GET 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, transmitted or otherwise made available via the Service. You also agree that, if you post Content containing adult themed material that is not suitable for minors, you will mark the Content as such. If your posted Content contains material that is adult themed and you do not mark it appropriately, GET shall have the right to cancel your membership. Pornography and sexually explicit images and video are not permitted on GET. You acknowledge that GET may or may not pre-screen Content, but that GET and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove or move any Content that is available via the Service. Without limiting the foregoing, GET and its designees shall have the right to remove any Content 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. In this regard, you acknowledge
that you may not rely on any Content created by GET or submitted to GET,
including without limitation information in GET Groups (see the definition in
Section 7 below), and in all other parts of the Service.
You acknowledge, consent and agree that GET may access, preserve, and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access, preservation, or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of GET, its users and the public.
GET also restricts the posting of overtly commercial articles on or via the
Services. Overtly commercial articles is content the primary purpose of which
is to sell a product or services or induces Members to enroll in a promotional
or money-making enterprise that may or may not be legitimate in nature. GET
reserves the right to review and remove any overtly commercial articles, at its
sole discretion. Articles must provide legitimate informational and/or entertainment
value for the community. For those
seeking to promote legitimate commercial offers to the GET community, please
contact our ad sales department: firstname.lastname@example.org.
GET often allows Content to be posted that contains a link to free goods or
services. GET typically allow those to remain on the site within
"Freebie" groups if this Content is not self-promoting. GET always
reserves the right, at its sole discretion, to remove all types of Content from
5. APPROPRIATE CONDUCT AND MEMBER DISPUTES
Please read the following section carefully, as it governs your conduct
while using the GET Service, and by using the Service, you agree to be bound by
these terms. GET also strongly recommends that you review the Guidelines, which
you can access at any time at http://www.wanderingeducators.com/guidelines.jsp,
for further clarification on what GET considers to be appropriate conduct on the
a. Appropriate Conduct. You agree that you are
responsible for your own conduct and communications while using the Service and
for any consequences thereof. You agree to use the Service only to send and
receive messages and material that are legal and proper. By way of example, and
not as a limitation, you agree that when using the Service, you will not:
defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others;
engage in personal attacks of
any kind against any member of the GET community;
post any inappropriate,
defamatory, infringing, obscene, libelous, or unlawful Content;
post any Content that
infringes any patent, trademark, copyright, trade secret or other proprietary
right of any party (the "Rights"), unless you are the owner of
the Rights or have the written permission of the owner to post such
post pornography or sexually
explicit images or written content;
post messages that promote
pyramid schemes, chain letters or disruptive commercial messages or
advertisements, junk mail, spam, or any other form of solicitation;
engage in fraudulent or
inappropriate behavior of any kind in an attempt to obtain GET Marketplace
download any file posted by
another user that you know, or reasonably should know cannot be legally
distributed in such manner;
impersonate another person or
entity, or falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is posted;
use or create inappropriate
usernames or group names;
restrict or inhibit any other
user from using and enjoying the Service;
use the Service for any
illegal or unauthorized purpose including but not limited to distributing
remove any copyright,
trademark or other proprietary rights notices contained in or on the
interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to
use any robot, spider, site
search/retrieval application, or other device to retrieve or index any
portion of the Service or collect information about users for any
submit Content that falsely
expresses or implies that such Content is sponsored or endorsed by GET;
create Member accounts (see
Section 6 below) by automated means or under false or fraudulent
promote or provide
instructional information about illegal activities or promote physical
harm or injury against any group or individual;
transmit any viruses, worms,
defects, Trojan horses, or any items of a destructive nature; or
engage in "ad
slamming" of any nature, including the repeated clicking on
advertisements to increase potential earnings to you, to increase
potential costs to an advertiser, or for any reason other than viewing an
advertisements as a potential consumer.
While GET prohibits the conduct and Content described above in connection
with the Service, you understand and agree that you nonetheless may be exposed
to such conduct and/or Content and that you use the Service at your own risk.
b. Member Disputes. You are solely responsible for
your interactions with other GET users. As a Member (as defined in Section 6),
you are expected to tolerate viewpoints and perspectives with which you may not
agree. GET is not obligated to arbitrate, or resolve in any manner, disputes
that arise between Members. GET reserves the right but has no obligation, to
monitor disputes between you and other Members, and to take any action, in GET's
sole discretion, that may be appropriate under the circumstances. Such actions
may include, but are not limited to the suspension or termination of memberships
and the removal of inappropriate content.
c. Reporting Objectionable Behavior. If you
encounter behavior that you think violates the TOS or Guidelines, you can
report the incident to GET by sending us a message at email@example.com. Please
state the reasons for your concern and provide a link to the behavior in
If the behavior is determined to be inappropriate, then its associated
Content is removed from the Service and the author is notified. All such
determinations may be made at GET's sole discretion. GET may allow the author to
modify or change their behavior so that it is compliant with the TOS and
Guidelines, and, assuming that it is, it may be subsequently released on the
Service. GET reserves the right to terminate a Member's (as defined in Section
6) account at any time GET determine that to be an appropriate response to the
behavior in question.
6. REGISTRATION AND MEMBERSHIP
In order to use certain aspects of the Service, you are required to register and establish an online account with GET. GET refer to registered users as members ("Members") and subject Members to the following specific terms:
a. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GET has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
b. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify GET of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. GET cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. You agree that your GET Member account is non-transferable and any rights to your GET password, username or account information or Content within your Member account terminate upon your death. Upon receipt of a copy of a death certificate, your Member account may be terminated and all Content therein permanently deleted.
c. GET Marketplace Dollars. Users may be eligible to receive GET Marketplace Dollars directly from GET for participation in/winning of contests over time and/or from certain advertisers. GET Marketplace Dollars may be redeemed by registered users ("Members") to purchase products and services from the GET Marketplace. GET reserves the right, at its sole discretion, to delete Marketplace Dollars from a user's account if GET determines that any GET Marketplace Dollars have been awarded inappropriately or if a user violates this TOS or any other GET policy or agreement.
d. You agree that GET may, under certain circumstances and without prior notice, immediately terminate your GET account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other incorporated agreements, guidelines, policies or rules, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems, (iv) extended periods of inactivity, (v) your engagement in fraudulent or illegal activities, and/or (vi) nonpayment of any fees owed by you in connection with the Service. Termination of your GET account includes (a) removal of access to all offerings within the Service, including but not limited to the GET Groups, (b) deletion of your password, username and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations shall be made in GET's sole discretion and that GET shall not be liable to you or any third-party for any termination of your account, any associated email address, username or access to the Service.
e. If you are under age 18, you may only make purchases from the GET Marketplace with the involvement of a parent or guardian. GET and its affiliates reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, and specifically of this site, you agree to comply with all local rules regarding 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 and/or are traveling.
You agree to indemnify and hold GET, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your GET username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of GET.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GET may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages and uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GET's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GET has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GET reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that GET reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
GET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GET shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of third parties, such as advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that GET shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide web sites or resources. Because GET has no control over such sites and resources, you acknowledge and agree that GET is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.
14. GET'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of GET and its licensor's and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in both advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GET or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. GET grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GET for use in accessing the Service. GET, greenearthtraveler.org, and the GET logo are trademarks and service marks of greenearthtraveler.org and other GET logos and product and service names are trademarks and service marks of GET (collectively, the "GET Marks"). Without GET's prior permission, you agree not to display or use in any manner, the GET Marks.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE AND THE CONTENT, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GET MAKES NO WARRANTY THAT (i) THE SERVICE OR CONTENT
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, INCLUDING BUT NOT LIMITED TO
ANY CONTENT, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GET SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to receive or request any news, messages, or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. GET and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
GET may provide you with notices by email, regular mail, or postings on the site.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
GET respects the intellectual property of others, and GET ask our users to do the same. GET may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has 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 statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send this information to GET at firstname.lastname@example.org. You acknowledge that if you fail to comply with all the requirements of this Section 21, your DMCA notice may not be valid.
21. GENERAL INFORMATION
Independent Contractors. Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions. Choice of Law and Forum. The TOS and the relationship between you and GET shall be governed by the laws of the State of Nebraska without regard to its conflict of law provisions. You and GET agree to submit to the personal and exclusive jurisdiction of the courts located within Monroe county.
Waiver and Severability of Terms. The failure of GET to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Violations. Please report any violations of the TOS to greenearthtraveler at email@example.com