Terms of Use
Effective: January 8, 2018
The content on the website ResponsibleBrands.org (hereinafter referred to as “The Site”) is provided by Responsible Brands Initiative, a non-profit corporation registered in the state of Oregon (hereinafter referred to as “RBI”). Please read these Terms of Use carefully, because your use of The Site constitutes agreement with these conditions and obligations.
Any reference to “Terms of Use” herein includes RBI’s Privacy Policy.
1. User Obligation
Use of The Site constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use The Site. By accessing, using and/or downloading materials from The Site, you agree on your own behalf and on behalf of each entity and person on whose behalf you act, to abide by the Terms of Use set forth below. RBI reserves the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these Terms of Use when accessing the site. Your continued use of The Site after changes are posted constitutes your acceptance of these Terms of Use as modified. Providing that you comply with these Terms of Use, RBI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If these Terms of Use are not accepted in full, then you do not have permission to access the contents of The Site and therefore you must immediately stop using The Site.
If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on The Site relating to specific material then the latter shall prevail.
2. Copyright and Other Intellectual Property
The names, images and logos identifying RBI, associated companies or third parties and their products and services are proprietary marks of RBI, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trade mark or patent of RBI, its associated companies or any other third party.
All copyright, trademarks and other intellectual property rights in The Site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of RBI or RBI’s licensors. In accessing the The Site, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without RBI’s prior written permission.
3. Errors and Inaccuracies
Our goal is to provide complete, accurate, up-to-date information on The Site. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Descriptive information or imagery are subject to change without notice. The color and size an information item may vary depending on the type of computer monitor you use and its settings. We apologize for any inconvenience this may cause.
4. Data Posting
Where you are invited to submit any contribution to RBI (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant RBI a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution.
If you do not want to grant RBI the rights set out above, please do not submit your contribution. By submitting your contribution to RBI, you warrant that your contribution;
4.1 is your own original work and that you have the right to make it available to the BBC for all the purposes specified above;
4.2 is not defamatory; and
4.3 does not infringe any law; and
4.4 indemnify RBI against all legal fees, damages and other expenses that may be incurred by RBI as a result of your breach of the above warranty; and
4.5 waive any moral rights in your contribution for the purposes of its submission to and publication on eatslpeepsport.com and the purposes specified above.
5. Lawful Use
The use of The Site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of The Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site.
6. International Use and Consent to Processing
RBI controls and operates The Site within the United States of America, and all information is collected, transmitted, processed and stored within the United States. Unless specifically noted, we do not represent that materials and information on The Site are appropriate or available for use in other locations. Persons who choose to access The Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of The Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data and information exported from the United States or the country in which you reside. By providing any personal information to The Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection, transmission processing and storage of such information in the United States and the use of such information by RBI.
7. Third Party Sites and Links
RBI is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. RBI does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). RBI is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to The Site must be direct to any complete content page (and not any part of a page) within RBI and must not be viewed within the pages of any other site. RBI disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.
Links do not imply that RBI endorses, is affiliated or associated with any linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, RBI or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.
8. Disclaimer/Limitation of Liability
The Site and the information, names, images, pictures, logos and icons relating to RBI and/or any associated company, products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information and other materials included on The Site may contain inaccuracies and typographical errors. RBI does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or information shall be at your sole risk. RBI reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice. In no event will RBI and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the site. These exclusions do not apply to death or personal injury caused by RBI’s negligence and only applies to the extent permitted by law.
RBI does not warrant that the functions contained in The Site will be uninterrupted or error free or that defects will be corrected or that The Site or the server that makes it available are free of viruses or bugs. RBI does not represent the full functionality, accuracy or reliability of any material. RBI may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
You acknowledge and agree that you assume full responsibility for your use of The Site and agree that any information you send or receive during your use of The Site may not be secure and may be intercepted by unauthorized parties. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of The Site or any other site(s) linked to it. This limitation of liability applies to direct, indirect, consequential, special, exemplary and punitive or other damages you or others may suffer, as well as damages for lost profits, failure of performance, business interruption, computer viruses, file corruption, communication-line failure, network or system outage, the loss of data or information any other tangible or intangible loss, even if we are notified in advance of the potential for any such damages. Additionally, you specifically acknowledge and agree that neither RBI nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of The Site.
9. Software
From time to time certain software which is the protected work of RBI or its suppliers may be made available to download from this site. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.
10. Indemnity
You agree to indemnify and keep indemnified RBI from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the site other than in accordance with these terms and conditions.
11. Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America.
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.
RBI makes no representation that materials on The Site are appropriate or available for use at other locations outside of the United States of America and access to them from territories where their contents are illegal is prohibited. If you access The Site from a location outside of the United States of America, you are responsible for compliance with all local laws.
12. Disputes
Any dispute relating in any way to your visit to The Site shall be exclusively subject to the jurisdiction of the courts of the United States of America and must be submitted to confidential arbitration in Oregon, in the United States of America. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon. You consent to exclusive jurisdiction and venue in such courts.
Any cause of action you may have with respect to your use of The Site must be commenced within one (1) year after the claim or cause of action arises.
Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to The Site shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
13. Termination
Your use of The Site is subject to your ongoing compliance with these Terms of Use. You acknowledge and agree that RBI may terminate and/or suspend your access to any portion of The Site for any reason, including your failure to comply with these Terms of Use or any other guidelines and rules published by RBI. Any such termination or suspension shall be at the sole discretion of RBI and may occur without prior notice, or any notice. RBI further reserves the right to terminate or suspend any user’s access to any other services offered by RBI or to any portion of The Site for any conduct that RBI, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to RBI, subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. RBI may terminate and/or suspend your access if it detects or has reason to suspect any breach of security or unauthorized use of your account.
13. Entire Agreement
These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and RBI and its affiliates with respect to the subject matter herein and supersedes any and all prior or currently existing oral or written agreements.
14. More Information
For more information contact us:
Responsible Brands Initiative
14355 Saratoga Avenue, Suite D
Saratoga, CA 95070
tel: 408-872-1301
fax: 408-872-1302