Welcome to the BigMamaEarth.org website (the “Website”). Big MaMa Earth Entertainment (“BMME”), the operator of the Website, provides its services to you subject to the following conditions. Before you may use the Website, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (“TOS”) and the linked Privacy Notice . We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Website constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Website. You may only use certain portions of the Website if you are a BMME registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Notice, you may not use the Website in any way.
SPECIAL NOTE FOR BIGMAMAEARTH.ORG VISITORS UNDER 18 YEARS OLD
This is a legal agreement, and it is very important that you and your parent or guardian understand exactly what you are agreeing to when you become a BigMamaEarth.org member. Please read this agreement with your parent or legal guardian before you click the “Agree” button below, and please ask about anything you do not understand. If you or your parents have any questions about this agreement, you can reach us at BigMaMaEarth@ca.rr.com
1. Description of Services.
The Website provides users with access to information about environmental issues, enables users to interact and to play environmentally themed games, and provides access to sales of environmentally themed goods and services online (the “Service”). You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.
2. License and Website Access.
BMME grants you a limited license to access and make personal use of the Website and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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 equipment; any action that imposes or may impose (in BMME’s sole discretion) an unreasonable or disproportionately large load on BMME’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by BMME to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by BMME.
3. Your Account.
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BMME has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BMME has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify BMME immediately of any unauthorized use of your account or any other breach of security. BMME reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. You agree that to the extent that you provide payment information for any product or service that you purchase through the Website, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true and accurate.
4. Submitted Content.
BMME does not claim ownership of any materials you make available through the Website. At BMME’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grant BMME a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
5. Green Points, Rewards and Virtual Items.
Use of the Website may include the opportunity for you to perform some activity to gain access to a fictional “currency” called Green Points (“Green Points”) which you may then use to gain access to rewards (like eco-friendly toys, games and apparel) and virtual items for use exclusively at BigMamaEarth.org. BMME reserves the right, without prior notification, to limit the quantity of Green Points you can access and/or to refuse to provide you additional Green Points. Verification of certain information applicable to certain transactions involving Green Points may be required prior to our acceptance thereof. You acknowledge and agree that BMME shall have no liability for loss of Green Points and/or virtual items from your Account due to unauthorized activity such as hacking, phishing, password mining, social engineering, cheating, and/or any other unauthorized activity. BMME may replace certain such lost Green Points and/or virtual items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
YOU ACKNOWLEDGE AND AGREE THAT GREEN POINTS AND VIRTUAL ITEMS HAVE NO MONETARY OR REDEMPTION VALUE AND THAT GREEN POINTS AND VIRTUAL ITEMS MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF BIGMAMAEARTH.ORG IF, WHEN AND TO THE EXTENT ALLOWED BY BMME, IN ITS SOLE DISCRETION. FROM TIME TO TIME, GREEN POINTS MAY BE GRANTED CERTAIN REDEMPTION VALUE BY BMME IN CONJUNCTION WITH A SPECIFIC PROMOTIONAL PROGRAM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY SIMILARITY BETWEEN GREEN POINTS AND/OR VIRTUAL ITEMS AND ACTUAL CURRENCY AND/OR ACTUAL ITEMS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THIS AGREEMENT REGARDING GREEN POINTS AND/OR VIRTUAL ITEMS.
6. Disclaimer of Warranty.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BMME DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BMME, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WAE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
7. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BMME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 BMME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
8. Indemnity.
You agree to indemnify and hold BMME (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
9. Electronic Communication.
When you use the Website or send e-mails to BMME, you are communicating with BMME electronically. You consent to receive communications from BMME electronically. BMME will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. Website-Provided Email and Postings.
The Website may provide users with the ability to send email messages to other users and non-users and to post messages on the Website. BMME is under no obligation to review any messages, information or content (“Postings”) posted on the Website by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, BMME may from time to time monitor the Postings on the Website and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Website to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
(v) Messages by non-spokesperson employees of BMME purporting to speak on behalf of BMME or containing confidential information or expressing opinions concerning BMME.
(vi) Messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same user restating the same point.
(viii) Chain letters of any kind.
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Invite-a-Friend invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Invite-a-Friend invitations to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
11. Links.
The Website or third parties may provide links to other World Wide Web sites or resources. Because BMME has no control over such sites and resources, you acknowledge and agree that BMME is not responsible for the availability of such 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 BMME 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 site or resource.
12. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
13. Modification and Notification of Changes.
BMME reserves the right to make changes to the Website, related policies and agreements, this TOS and the Privacy Notice at any time. If BMME makes a material modification to this TOS or the Privacy Notice, it will notify you by:
(i) sending an e-mail to the address associated with your account. BMME is not responsible for your failure to receive an email due to the actions of your ISP or any e-mail filtering service; therefore, you should add BigMamaEarth.org and BigMaMa Earth.com to the list of domains approved to send you e-mail (commonly known as your “whitelist”); and
(ii) displaying a prominent announcement above the text of this TOS or the Privacy Notice, as appropriate, for thirty (30) days,
with (i) and (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the TOS or the Privacy Notice has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Notice, respectively. If you have not used the Website for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Notice prior to any further use of the Website. Should you wish to terminate your account due to a modification to the TOS or the Privacy Notice, you may do so by sending an email with the subject line “Termination” to our Customer Service Department. If you choose to continue using the Website, you agree that by doing so you will be deemed to accept the new TOS or Privacy Notice, as relevant.
14. Trademarks.
The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of BMME and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of BMME or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
15. Procedure for Claims of Intellectual Property Infringement.
BMME respects the intellectual property of others, and we ask our users to do the same. BMME may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BMME’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number, and email address;
(v) a 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;
(vi) 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.
BMME’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o BMME
By phone: 1-888-732-7841
By email: BigMaMaEarth@ca.rr.com
BMME may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
17. General.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and BMME will be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and BMME agree to submit to the personal jurisdiction of the federal and state courts located in the State of Nevada with respect to any legal proceedings that may arise in connection with this TOS. The failure of BMME to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. BMME does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and BMME and governs your use of the Website, superseding any prior agreements between you and BMME with respect to the Website.