ecofuse

ecofuse Terms of Usage and Participation

Welcome to ecofuse! We are an online community for people interested in a better environment. In order to use and participate in the ecofuse website we require that you abide by the ecofuse Terms of Usage and Participation (“ETUP”), as listed below.

ecofuse respects the privacy of our users; please take a few minutes to review our Privacy Policy.

The content and material found in ecofuse is for informational and entertainment purposes only. We endeavor to provide accurate and useful information, but errors may appear. ecofuse makes no warranty as to the accuracy, usefulness, reliability, timeliness, or completeness of the information posted to ecofuse.com. Be sure to confirm information as fact before acting on it. ecofuse does not necessarily endorse websites that are linked to ecofuse.com for advertising purposes and cannot guarantee the performance of goods or services provided through these links.

If you believe material found on the ecofuse website is factually inaccurate or inappropriate, we ask that you contact Customer Service through the Customer Service link found on ecofuse.com or at CustomerService [ at ]pocketink [ dot ]com.

Acceptance of ETUP

The web pages available at ecofuse.com, and all linked pages (“Site”), are owned and operated by Pocketink Technologies, LLC and are accessed by you under the ETUP.
PLEASE READ THE TERMS OF USAGE AND PARTICIPATION CAREFULLY BEFORE USING ECOFUSE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USAGE AND PARTCIPATION. IF YOU DO NOT AGREE TO THE ETUP, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.

Modification of ETUP

The Web and this website are evolving mediums and as such we may be forced to change the ETUP without notification. Your continuation of use, after we post any such changes to ecofuse, indicates an agreement to the ETUP as modified. We recommend you periodically revisit the ETUP to check for updates.

Description of Service

ecofuse may offer to provide services and content, as described on the Site, (“Services”), which will be subject to full compliance with ETUP. Services shall include, but not be limited to, any content or service ecofuse performs, and materials displayed or transmitted for you and other users (including, but not limited to, text, user comments, messages, news articles, information, data, graphics, photographs, images, illustrations, software, audio and/or video clips, known as “Content”). ecofuse has full rights and flexibility to change, suspend or discontinue the availability of Services, Content, and features, at any time. ecofuse also reserves the right to restrict your access to parts or all Services without notice or liability.

Registration Obligation

In order to use the Site, Services and Content, we require that you register with ecofuse. You will select a username and password and you will provide accurate, complete and updated information during the registration process. Failure to do so shall constitute a breach of the ETUP. A breach will result in suspension or termination of your account. Registration information must be your personal information, not that of another with the intent to impersonate, or that of another from whom you do not have appropriate authorization to create an account for. Immediate termination will occur if a Username is offensive, vulgar or obscene. ecofuse reserves the right to refuse registration, suspend and cancel users at it’s discretion. You are responsible for keeping your account updated with accurate information and shall remain responsible for maintaining your Username and password confidentially.
You must be at least 13 years old to use the site, whether acting on your own behalf or that of an authorized representative of a business entity. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE DO NOT ATTEMPT TO REGISTER WITH ECOFUSE.

Privacy Policy

ecofuse respects the privacy of our users, please take a few minutes to review our Privacy Policy, which is incorporated by this reference.

User Conduct

As condition of use for ecofuse, you promise not to use the Services for any purpose that is unlawful, prohibited by the ETUP, or not reasonably intended by ecofuse. Included in, but not limited to, the User Conduct is:
a.     No Intimidation
You agree not to use the Services to abuse, harass, threaten or intimidate any other ecofuse users.
b.     No Third Party attacks
You agree not to post or transmit or cause to be posted or transmitted, any Content that is obscene, infringing, defamatory, pornographic, libelous, abusive, and offensive or otherwise violates any law or right of any third party.
c.     No Soliciting
You agree not to use the ecofuse to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
d.     No Spamming or Spimming
From time to time, users post their e-mail addresses in our forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
e.     No Framing
Without the prior written permission of ecofuse, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the ecofuse Site, or incorporate any property of the ecofuse Site into another website or other service.
f.     No Illegal Purposes
You agree not to use the Services for any illegal or unauthorized purposes. International users agree to comply with all local laws regarding online conduct and acceptable content.
g.     No Stealing Personal Information
You agree not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, registration or account information from any ecofuse user.
h.     No Violation of Laws
You agree not to violate any laws in your jurisdiction (including, but not limited to copyright laws.)
i.     No Off-Topic Content
You agree not to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content.
j.     No Automated Access to the Site
You agree to only access the site by logging in to your personal account. With the exception of accessing RSS Feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not take any action which will result in an unreasonable or disproportionately large load on our infrastructure, interfere in the proper working of the Site, or bypass any measure in place to prevent or restrict Site access.
k.     No Inflation/Deflation of Ratings
You agree not to use the Service with the intent of artificially inflating or deflating the Rating by way of creating separate user accounts for the purpose of altering ecofuse’s services, giving/receiving money or other remuneration in exchange for votes, or participating in organized efforts to alter the results.
k.     No Profile Transfer
You agree not to transfer or sell your profile.

Content Submitted or Made Available for Inclusion on the Service

By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.

Copyright Infringement

ecofuse respects the intellectual property of others and our policy is that we will respond promptly to claims of copyright and other intellectual property infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). ecofuse’s policy is to terminate access for account holders and subscribers who are repeat offenders.
a.     Notification of Infringement
It is ecofuse’s policy, upon receiving a proper notification, to promptly remove or block access to the material identified in the notification. Proper notification is written communication to the attention of “DMCA Agent” sent to dmca [at ]pocketink [ dot ] com, which sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
b.     Counter-Notification
In response to a notification, it is ecofuse’s policy to promptly make reasonable attempts to notify the subscriber, owner or administrator of the effected content that we have removed or blocked access to the content. If you receive such a notice and feel your material does not constitute infringement, you may provide ecofuse with a counter notification by written communication to the attention of “DMCA Agent” sent to dmca [ at ] pocketink [dot] com, which sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
c.     Misrepresentation Penalty
You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent in either a notification or counter notification. If you are uncertain as to whether or not an activity constitutes an infringement we recommend you consult an attorney.

Disclaimer of Warranty

At ecofuse our goal is to provide a platform for a community of environmentally minded people to share information in an informative and entertaining way; however we cannot guarantee that our users will find everything to their liking. Please read this Disclaimer carefully before using the ecofuse website.

You agree that your use of the Site is at your sole risk because of the number of possible sources of Content available through the Site, and the inherent hazards and uncertainties of electronic distribution, there may be delays omissions, inaccuracies, or other problems with such Content. You are solely responsible for any damage to your computer or loss of data that results from any Content or Services from or otherwise provided through ecofuse. You acknowledge that ecofuse has no control over, and no duty to take any action regarding; which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you make take as a result of having been exposed to the Content. You release ecofuse from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ecofuse makes no representations concerning any content contained in or accessed through the Site or Services, and ecofuse will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained or accessed thorugh the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ecofuse has no control over such sites and resources, you acknowledge and agree that ecofuse 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 ecofuse 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.

Limitation of Liability

IN NO EVENT SHALL ECOFUSE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless ecofuse, its officers, directors, parents, subsidiaries, affiliates, customers, vendors, and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the ETUP by you, or the infringement by your, or any third party using your account of Username, of any intellectual property or other right of any person or entity.

Termination

ecofuse may terminate or suspend any and all Services and your ecofuse account immediately, without prior notice or liability, if you breach any of the terms or conditions of the ETUP. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your ecofuse account, you may simply discontinue using the Services. All provisions of the ETUP which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the ETUP and you do not have any authority to bind ecofuse in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ecofuse shall not be liable for any failure to perform its obligation hereunder where such failure results from any cause beyond ecofuse’s reasonable control, including, without limitation, mechanical electronic or communications failure or degradation (including “line-noise” interference).
In the event that any portion of the ETUP is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of the ETUP, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the ETUP.
The ETUP is not assignable, transferable or sublicensable by you except with ecofuse's prior written consent. ecofuse may transfer, assign or delegate the ETUP and its rights and obligations without consent.

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