Terms of Service
Welcome to this service of Earth.org GmbH ("Earth.org"). This User Agreement (the
"User Agreement") sets forth the terms and conditions which apply to your use of
this website. By accessing the Services and/or submitting any text, pictures or
other content ("Content") you signify your agreement to this User Agreement,
are responsible for compliance with any applicable local laws. If you do not
discontinue your use of our Services.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in
and on our websites and all Content and software located on the site shall
remain the sole property of Earth.org unless otherwise stated. The use of
our trademarks, content and intellectual property is forbidden without the
express written consent from Earth.org. You must not:
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit
material on our website for any purpose.
- Redistribute any content from our website, including onto another
By submitting any Content you grant to Earth.org a royalty-free,
non-exclusive, transferable and non-revocable right and license to use,
reproduce, display, publicly, modify, adapt, edit, publish, translate,
distribute, perform, play, create derivative works from, exercise and
sub-license all associated and relevant rights (including intellectual
property rights and publicity rights) with respect to your Content in any
media whatsoever, whether now known, or developed in the future (the
foregoing license is granted for the entire respective terms of the relevant
rights); and to the extent permitted by law, unconditionally and irrevocably
waive all moral rights which you may have in your Content. You retain
ownership of the copyright in the Content you submitted to Earth.org.
Furthermore by submitting your Content, you warrant that it:
- is your own original work and you have the right to grant the rights
described above to Earth.org;
- was not produced by you in the course of your employment;
- does not infringe upon any statutory copyright or upon any common law
right, proprietary right, or any other similar right of any third party;
- does not violate any law, including by the manner in which it was
obtained or created;
- is not libelous, defamatory or obscene;
- was not taken by any hidden, surreptitious or illegal means or any other
method that violates another person's privacy or publicity rights;
- is accurate, genuine and does not depict any event staged for the purpose
of making the submission; and
- is not subject to any other contract, agreement or license.
Investigation of Complaints
We reserve the right to monitor and to investigate any complaints regarding any
Content on our websites and to take the appropriate action if Earth.org
finds any violation of this User Agreement. In the case of any such complaint,
Earth.org reserves the right to remove the Content complained of. This could
result in your Content being removed from our websites for as long as it takes
to resolve the dispute.
Termination of Membership
You may terminate your membership at any time by sending us your termination
request via our Contact Us form. Further, Earth.org reserves the right to
modify or remove anything submitted to Earth.org, and to cancel any
membership, at any time for any reason without prior notice. Earth.org is
not obliged to maintain back-up copies of any material submitted or posted on
our site. Actions or activities that may cause termination of your membership
and/or removal of your page(s) include, but are not limited to: posting or
providing links to any Content which violates this User Agreement; conducting
or providing links to any raffle, contest, or game which violates any local,
state or national laws; sending any unsolicited advertisement to other users;
or using an email account that is not your own or that is or becomes inactive.
Earth.org is the final arbiter of what is and is not allowed on our site.
Earth.org is not responsible for the Content posted by any Earth.org
member or visitors on any area of our site. The opinions and views expressed
by Earth.org members or visitors do not necessarily represent those of
Earth.org and Earth.org does not verify, endorse, or vouch for the intent
or accuracy of such information. If you believe that any of the Content posted
by our members or visitors violates your proprietary rights, including
copyrights, please contact us.
All infringement claims regarding any defamatory or infringing activity,
whether of a copyright, patent, trademark or other proprietary right must be
in writing (either the contact us form or paper letter) and must include the
- Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site.
Similarly for other types of infringed materials, a list of such
- Identification of the material that is claimed to be infringing, to be
the subject of infringing activity, or to be defamatory; and that is to be
removed or made inaccessible; as well as information reasonably sufficient
to permit us to locate the material.
- Sufficient information to allow us to contact you, such as your address,
telephone number, and/ or valid electronic mail address.
- A statement of your good faith belief that use of the material in the
manner complained of is not authorized by the copyright or other proprietary
right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed or on behalf of the
Links to Third-Party Sites
This Web site may contain hyperlinks to Web sites operated by parties other
than Earth.org. Such hyperlinks are provided for your reference only.
Earth.org does not control such Web sites and is not responsible for their
contents. Earth.org's inclusion of hyperlinks to such Web sites does not
imply any endorsement of the material on such Web sites or any association
with their operators.
Disclaimer of Warranties
Your use of Earth.org Services and any content is at your sole risk. All
Earth.org Services are provided on an "as is" basis without warranties of
any kind, either express, implied, constructive, or statutory, including,
without limitation, any implied warranties of merchantability,
noninfringement, personal injury or fitness for a particular purpose. Some
jurisdictions do not allow the exclusion of implied warranties, so this
exclusion may not apply to you in full.
Limitation of Liability
Earth.org makes no guarantee of availability of Services and reserves the
right to change, withdraw, suspend, or discontinue any functionality or
feature of the Earth.org Services. In no event will Earth.org be liable
for any damages. Any advice or information that you get from us in any form is
without any warranty or guarantee as long as a warranty is not explicitly
declared in written form.
You agree to defend, indemnify and hold harmless Earth.org, their
affiliates and their respective directors, officers, employees, consultants
and agents from and against any and all claims, actions, suits or proceedings,
as well as any and all losses, liabilities, damages, costs and expenses
(including reasonable attorneys fees) arising out of or accruing from (a) any
material posted or otherwise provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual property
right of any person or defames any person or violates their rights of
publicity or privacy; (b) any non-compliance by you with the User Agreement;
(c) any misrepresentation made by you in connection with your use of the
Services and (d) claims brought by persons or entities other than the parties
to this User Agreement arising from or related to your access and use of the
Services, including the information obtained through the Services.
You agree that all Earth.org websites shall be deemed solely based in
Germany. By visiting any website of Earth.org you agree that the laws of
the Federal Republic of Germany, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort that
might arise between you and Earth.org or its affiliates. Any dispute
relating in any way to your visit to Earth.org shall be submitted to
confidential arbitration and jurisdiction in Munich, Germany, except that,
to the extent you have in any manner violated or threatened to violate
Earth.org's rights, Earth.org may seek injunctive or other appropriate
relief in any other country, and you consent to exclusive jurisdiction and
venue in such courts.
Earth.org may change this User Agreement from time to time without notice,
so you should check these terms regularly. Your continued use of our website
will be deemed acceptance of the updated or amended terms. The headings used
in this User Agreement are for convenience and reference purposes only, and
shall not be used in construing or interpreting the scope or intent of this
User Agreement or any provision hereof.
If any one or more of the provisions of this Agreement should be or become
invalid, then all other provisions shall remain effective. The invalid
provision or provisions shall be replaced by an analogous amendment to the
Agreement which comes closest to the intentions of this agreement.
No warranty whatsoever is made that any of the Content we publish on our
website are accurate. There is no assurance that any statement contained in
one or all of the articles is true, correct, up to date or precise.