Please Read Trunity's "Terms Of Service and Use" Carefully Before You Use Our Web Site.
Welcome to Trunity and the Digital Universe, which empowers individuals and organizations to build unique Web sites that serve as a networked hubs for the purposes of knowledge sharing, learning and community building. Please read the following Terms of Service and Use carefully. These Terms of Service and Use contain important information regarding your rights, obligations and restrictions in connection with your use of the Trunity and Digital Universe Services and Website Network. By visiting or using the Trunity and Digital Universe Web services, you accept and agree to be bound by these Terms of Service and Use ("Terms of Service and Use" or "Agreement"), whether or not you register as a Member. If you do not agree to these Terms of Service and Use you may not use Trunity and Digital Universe Web services, and you may not register as a Member.
You agree that we may modify this Agreement from time to time in our sole discretion and without prior notice. Any modification of this Agreement will be posted on the Trunity and Digital Universe Web sites. The modified Agreement will become effective upon such posting. Your continued use of the Web sites and Services after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement.
The Service offered by Trunity and Digital Universe includes the Web sites (the "Website Network") and any other services provided by Trunity and the Digital Universe or their Affiliates from time to time in connection with the Website Network (the "Service"). The Terms of Service and Use apply to all Services and all uses of the Website Network.
To use this Service, you understand and agree to the following: (a) as part of the registration process, you must submit a valid e-mail address and select a password and user name; (b) you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (c) you agree to notify Trunity immediately of any unauthorized use of your account; and (d) you are at least 13 years of age. Trunity will not be held liable for any loss or damage for non-compliance. Trunity reserves the right to refuse the Service to any user.
In addition, you understand and agree that Trunity will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, Trunity in no way controls, verifies, or endorses any of the information contained on or in the Trunity Service, including links, events, messages, message boards and members' published listings. .
In order to use some of the Services on the Website Network you will have to register with Trunity as a Member. As part of the registration process, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign-up shall be referred to as registration data ("Registration Data"). Trunity reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. You may not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity.
You must be thirteen (13) years of age or older to register as a member of Trunity and the Digital Universe or use the Website Network or Service. By using the Website Network or registering for the Service, you represent and warrant that you are thirteen (13) years of age or older and that you have the right, authority, and capacity to agree to, and abide by, this Agreement. Trunity reserves the right to cancel the account of and delete your profile and any content or information posted by any user under the age of thirteen (13).
Please be aware that Trunity may create certain clearly-labeled areas of the Service that contain adult or mature content. You must be eighteen (18) years of age or older to access and view such areas. Trunity reserves the right to cancel the account of any user under the age of eighteen (18) that attempts to access the adult-restricted areas.
Membership in Trunity is void where prohibited by law.
Term and Termination
Content Posted by Members on the Trunity Site
You are solely responsible for the content that you publish or display (hereinafter "Post") on the Website Network, or transmit to other Trunity Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos ("Member Content").
You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.
You understand and agree that Trunity may, but is not obligated to, review and delete any Member Content that, in the sole judgment of Trunity, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Trunity, Trunity's Members or users, or the public, without notice. Trunity assumes no responsibility for monitoring the content posted on the Web site by Members or the conduct of its Members.
Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Trunity (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website Network. Trunity reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Trunity site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; and solicits people you don't know to add you or accept you as a contact on Trunity;
- impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity;
- contains the private information of any third party including without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- 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;
- contains in the sole judgment of Trunity, matter that is objectionable or which restricts or inhibits any other person from using or enjoying the Trunity and Digital Universe Website Network or which may expose Trunity or its Members or users to any harm or liability of any type.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items from other Members or Member Content. Trunity is not responsible for the content that Members submit and you hereby waive any legal or equitable rights or remedies you may have against Trunity related to such exposure.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. You may not engage in advertising to, or solicitation of other members to buy or sell any personal products or services except in your personal Marketplace area. You may not transmit any chain letters or junk e-mail to other Members.
Although Trunity cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Trunity Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Trunity reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Trunity deems appropriate in its sole discretion.
We reserve the right to limit the number of times and/or the frequency with which any video or music file hosted on the Trunity Web site can be downloaded and played.
If you believe that any Member Content or other material on the Website Network infringes upon any copyright that you own or control, you may submit a notification to Trunity pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Web site; (4) your address, telephone number, and e-mail address; (5) 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; (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Termination of Repeat Infringers
Trunity, in appropriate circumstances and at Trunity's sole discretion, will terminate Members who are deemed to be repeat infringers. Trunity may also at its sole discretion limit access to the Website Network and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are solely responsible for your interactions with other Trunity Members or third parties. Trunity reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.
Links to Third Party Sites
Any links included within the Trunity and Digital Universe Website Network that take users out of the Website Network are not owned by or under the control of Trunity and Trunity assumes no responsibility for the content, privacy policies or practices of any third party website. Use of such third party sites shall be at your own risk and is subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.
Transactions with Organizations or Individuals
Trunity shall not be liable for your interactions with any organizations and/or individuals found on or through the Trunity Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Trunity is not responsible for any damage or loss incurred as a result of any such dealings. Trunity is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release Trunity, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.
Trunity is not responsible or liable in any manner for any Member Content posted on the Website Network or in connection with the Trunity Service, whether caused by users of the Website Network, Members or by any of the equipment or programming associated with or utilized in the Service. Although Trunity provides rules for Member conduct and postings, we do not control and are not responsible for what Members post on the Website Network and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service, the Website Network or in connection with any Member Content. Trunity is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Trunity 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 or Member communications. Trunity 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 e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members 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 Service. Under no circumstances will Trunity be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any content posted on the Web site, including Member Content, or transmitted to Members, or any interactions between users of the Web site, whether online or offline. THE WEBSITE NETWORK AND THE SERVICE ARE PROVIDED "AS IS" AND TRUNITY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRUNITY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE NETWORK AND/OR THE SERVICE. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Trunity or through or from the Service shall create any warranty not expressly stated herein.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TRUNITY OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE TRUNITY SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE WEBSITE, EVEN IF TRUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRUNITY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRUNITY FOR SERVICES.
If there is any dispute about or involving this Agreement, the Website Network and/or the Service between you and Trunity, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the Delaware state courts and the Federal Courts in Delaware.
You agree to defend, indemnify and hold harmless Trunity, its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with any Member Content, your use of the Trunity Service or Website Network, your conduct in connection with the Services or Web site or with other users or Members of the Services or the Website Network, or any breach of this Agreement. Notwithstanding the foregoing, Trunity retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Trunity herein under the terms and provisions of this Section and in no event shall you settle any such claim without Trunity's prior written approval.
General Practices Regarding Use and Storage
You acknowledge that Trunity may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Trunity'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 Trunity 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 Trunity reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Trunity reserves the right to modify these general practices and limits from time to time.
Preservation of Materials
You acknowledge and agree that Trunity may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of Trunity, its Members, employees or the public.
The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Trunity and any User of the Service. A Member may not bind or obligate Trunity without Trunity's prior written consent.
Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet 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.
This Agreement contains the entire agreement between you and Trunity regarding the use of the Website Network and/or the Service. The failure of Trunity to exercise or enforce any right or provision of this Agreement 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. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Trunity without restriction.
Some features of, or services provided through, the Web site require a fee-based subscription (all fee-based features and/or services are referred to herein as "Subscription Services"). By purchasing Subscription Services, you agree that your subscription is personal to you and that you will not transfer or make available your account name and password to others, including without limitation your friends, co-workers and other contacts. Any distribution of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time, Subscription Services may change without notice.
Prices for Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that Trunity may accept from time to time), the applicable fees and taxes (if any) set forth on the Web site. Trunity reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Trunity for any reason, Trunity reserves the right to either suspend or terminate your access to Subscription Services.
Payment for Subscription Services is non-refundable.
Automatic Renewal Program
By purchasing Subscription Services, you authorize Trunity to automatically renew your Subscription Services on the 1st of the month following the end of your then-current subscription. This is to ensure continuous service. You further authorize Trunity to charge the credit card on file for your account at the then-current subscription rate unless you provide Trunity with prior notice that you are canceling your subscription before the renewal date. Please note that even if you provide notice, charges applied before Trunity can reasonably act are non-refundable.
Cancellation/Termination of Subscription Services
You may cancel Subscription Services at any time by contacting Trunity customer service. Trunity will attempt to process all cancellation requests within 72 hours. Please contact Trunity customer service to cancel your automatic renewal, cancel your subscription, and/or change your payment method. In addition, Trunity reserves the right to terminate your Subscription Services if Trunity determines, in its sole discretion, that you are not complying with the Terms of Service. Any such cancellation or termination is subject to the no-refund policy as described above.
Please contact us with any questions regarding this Agreement.
Trunity is a trademark of Trunity, Inc.
The Trunity Terms of Service and Use was last updated on January 17, 2012.