Terms of Use and Privacy Statement

Welcome to Earth Minded Online.com. By using this website, you accept the terms of the Creative Commons Terms of Use and this Privacy Statement. This is a legally binding agreement between you and Earth Minded Online, LLC, the owner and operator of this website; please read it carefully.

1. Privacy Statement

Earth Minded Online, LLC respects your privacy. Please read this Privacy Statement carefully so that you understand what information we collect through this website and what we do with that information. This Privacy Statement applies only to information collected online through this website and does not describe the ways in which we may collect or use information obtained offline or through any means other than this website. If you have questions about this Privacy Statement, please email your questions to [email protected].

THE INFORMATION WE COLLECT

The information we gather falls into three categories: (1) information supplied by visitors to the site when they access information, (2) tracking information gathered as visitors navigate through our website, and (3) information supplied by visitors to the site when they provide their videos, testimonials or stories. Our site may include links to other websites and may provide access to products and services offered by third parties, whose privacy policies we don’t control. When you access another website or access products or services offered by third parties, use of any information you provide is governed by the privacy policy of the operator of the website site you are visiting or the provider of such products or services.

Email Addresses

If you provide us your email address, we may email you about our website or our services, or to inquire about your experience using our website or sites operated by others.

Cookies

To help us tailor our website to the needs and interests of our visitors, we may keep track of the pages visited by our users by placing a cookie, a small entry in text file, on your hard drive. The cookie contains an ID number that allows us to track the pages you’ve visited. We may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns. We use this information to improve our site by making it more responsive to the needs of our users. Cookies don’t reveal personal information; the only personal information a cookie can contain is information you supply yourself. Cookies can’t read unrelated data off your hard drive. Our advertisers and those who provide products and/or services through our site may also assign their own cookies, a process we don’t control. We don’t have access to these cookies or to any information they contain. The help function on most web browsers contains information on how to set your browser to notify you before accepting a cookie or to disable cookies entirely.

Browser Level Information

Our web server automatically collects limited information about your computer configuration when you visit our site, including the type of browser software you use, the operating system you’re running, the resolution of your computer monitor, the website that referred you, and your IP address. (Your IP address is a numerical address that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you want to view) can be transmitted to you. We also use IP address information for systems administration and trouble shooting purposes. Your IP address does not tell us who you are.) We use this information to make our site as useful as we can for as many users as possible.

USE AND DISCLOSURE OF INFORMATION

Earth Minded Online, LLC understands the importance of privacy and confidentiality to users of this site.  Your personal information collected through this site is used solely for the purpose of providing you with the information and services you request, including, without limitation, providing you with access to inspirational stories and/or videos.  Your personal information collected through this site will not be sold to any marketing companies.  Also, your personal information collected through this site will not be disclosed to third parties except as described in this Privacy Statement.  Earth Minded Online, LLC will not share personal information you submit through this site with companies not affiliated with Earth Minded Online, LLC

By posting or submitting any material to us through our website, including, without limitation, videos, testimonials and stories, you are representing that (i) you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and (ii) the material submitted is true and accurate in all respects. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such materials in connection with the Earth Minded Online.com website and Earth Minded Online, LLC’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Earth Minded Online.com website (and derivative works thereof) in any media formats and through any media channels. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

OTHER DISCLOSURES

We may occasionally release information about our visitors when release is appropriate to comply with law, to enforce this Terms of Use and Privacy Statement, or to protect the rights, property or safety of visitors to our site, the public or Earth Minded Online, LLC. As our business grows, we may buy or sell various assets. In the unlikely event that Earth Minded Online, LLC or substantially all of its assets is acquired by another company, information on our visitors would be among the transferred assets. When we use other companies to help us operate our site or improve the content and services we offer to you, we may provide them with information about our visitors that is necessary for them to perform their services. We require that these companies commit to use the information only to perform the services that we request.

SECURITY

Information we gather on our website is stored within Earth Minded Online, LLC-controlled databases (or databases hosted on our behalf) on servers maintained in protected environments. However, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a video, testimonial or story may become available to anyone with Internet access.

2. General Conditions

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material by email to [email protected], along with an explanation of your objection.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an email to [email protected].
The Web is an evolving medium. Thus, Earth Minded Online, LLC may change the terms of this Terms of Use and Privacy Statement from time to time. We’ll post the changes to this Terms of Use and Privacy Statement on this website and update the reference to the effective date to reflect the date of the amendment. By visiting Earth Minded Online.com, you agree that your visit, and any dispute over privacy or the use of this site, is governed by this Terms of Use and Privacy Statement, as modified. Earth Minded Online, LLC may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

3.  User Submissions

Earth Minded Online, LLC may now or in the future permit the submission of stories, statements, videos and/or photographs submitted and posted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions on Earth Minded Online.com. You understand that whether or not such User Submissions are published, Earth Minded Online, LLC does not guarantee any confidentiality with respect to any submissions.

You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Earth Minded Online, LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by this website and the Creative Commons Terms of Use and this Privacy Statement; (ii) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Submission that you submit to Earth Minded Online.com for publication and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Earth Minded Online, LLC and the Creative Commons Terms of Use and this Privacy Statement. By submitting the User Submissions to Earth Minded Online.com, you grant Earth Minded Online, LLC and anyone authorized by Earth Minded Online, LLC a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Earth Minded Online.com website and Earth Minded Online, LLC (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Earth Minded Online.com website in any media formats and through any media channels. You also grant each user of the Earth Minded Online.com website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under the Creative Commons Terms of Use and this Privacy Statement.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Earth Minded Online, LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Earth Minded Online, LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Earth Minded Online, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Earth Minded Online, LLC expressly disclaims any and all liability in connection with User Submissions.  Earth Minded Online, LLC will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. Earth Minded Online, LLC reserves the right to remove User Submissions without prior notice.  Earth Minded Online, LLC also reserves the right to decide whether a User Submission is appropriate and complies with the Creative Commons Terms of Use and Privacy Statement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

4. Links to Other Sites

For your convenience, we may make available a variety of links to other websites that we don’t operate where you can obtain related information, products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the information, products or services provided by these websites and/or vendors. Earth Minded Online, LLC is not responsible for the information, products or services these websites and/or vendors provide. You release Earth Minded Online, LLC and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

5.  Disclaimer of Warranties, Limitation of Liability, and Indemnification

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” EARTH MINDED ONLINE, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ADVICE, OPINIONS, STATEMENTS OR OTHER INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL EARTH MINDED ONLINE, LLC OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EARTH MINDED ONLINE, LLC, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE.

Effective: January, 2009.