User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH EARTH OFFERS YOU ACCESS TO IT’S SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement") for the Earth. If you reside outside of Earth‘s orbit, the party you are contracting with is Earth Intp. (Earth Interplanetary) This Agreement describes the terms and conditions applicable to your use of the services available under the domain and sub-domains of Earth and the general principles for the properties of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services or planet.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a citizen of Earth. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in any other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Earth citizen. By accepting this User Agreement, you also agree that your use of other Earth services will be governed by the User Agreement posted on those countries’ websites. This Agreement is effective upon a user’s birth on this planet, and is otherwise effective for pretty much all eternity.

Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended citizens of Earth. If you are a child under the age of 18, you can use this planet only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our planet.  

Fees and Services.
Joining and living on the planet Earth is free. Earth does not have a “You break it, you buy it” mentality, however, we do ask that you clean up your own messes. Also, other citizens of Earth have the right to charge fees for services and items rendered. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective immediately and we are not required to provide you with any notice. It is the citizen’s responsibility to remain up-to-date on amendments to the User Agreement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency(s) native to the service’s country(s) of origin. Citizens of Earth are responsible for paying all fees associated with using our service, planet, and all applicable taxes.

Your Information.
3.1 Definition. "Your Information" is defined as any information you provide to us or other citizens of Earth. You are solely responsible for Your Information

3.2 Restricted Activities. Your Information (or any items listed) and your activities on this planet shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, discrimination or false witness); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or pornographic or, if otherwise adult in nature or harmful to minors, shall be made available only to mature audiences and shall be distributed only to people legally permitted to receive such content; (g) create or distribute any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any electrical system, data or personal information; (h) create liability for other citizens, suppliers, or organizations.

Political Validity.
4.1 Integrity. You may not take any actions that may undermine the integrity of any of the Earth's many political systems. You may not take any actions that directly or indirectly harm you, us, or any other citizen, affiliate, government or organization of Earth.

4.2 Export. You acknowledge that your feedback consists of comments and votes left by other citizens and a composite feedback number compiled by Earth, and that the composite number without the comments does not convey your full political rating. Because political ratings are not designed for any purpose other than for facilitating elections between Earth citizens, you agree that you shall not market or export your Earth political feedback rating in any venue other than an Earth operated political function.

4.3 Import. We do not provide you the technical ability to import feedback from other (non-Earth operated) elections to Earth because a composite number, without the corresponding feedback does not reflect your true political reputation within our community.

Breach.
Without limiting other remedies, we may limit your activity, immediately remove your property or items, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your citizenship and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, us, or any other citizen of Earth.

Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of citizens' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://earth.com/help/policies/privacy-policy.html. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR PLANET AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some Countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR PLANET, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some Countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance.
You shall comply with all applicable domestic, international, and interplanetary laws, statutes, ordinances and regulations regarding your use of our services and planet.

No Agency.
You and Earth are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Earth Intl. : Legal Department 3256 Centre St., New York, NY 10010 (in the case of Earth) or to the email address you provide to Earth Intl. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Earth Intl. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes.
In the event a dispute arises between you and Earth, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Earth agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

13.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Earth may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the country of the plaintiff or where the defendant is located (in our case New York, New York, and in your case your home address or principal place of business). You and Earth Intl. agree to submit to the personal jurisdiction of the courts located within the country chosen.

13.3 Alternative Dispute Resolution. Alternatively, Earth Intl. will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in New York, New York, or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

General.
This Agreement shall be governed in all respects by the laws of the United Nations as such laws are applied to agreements entered into and to be performed entirely within Earth between Earth residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous atmospheric or natural factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Earth Intl. in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

Disclosures.
The services hereunder are offered by Earth Intl., located at 3256 Centre St., New York, NY 10010. If you are a United States resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.