Terms of Service
Adopted at the Board Meeting of August 13, 2008
This is an agreement
Trees and Things consists of a web forum and an IRC server. We consider this to be our service to you, but we don't provide it unconditionally. This document, the Terms of Service (or "TOS") outlines the conditions we impose on all users of our services. We may decide to update this document from time to time without direct notice to you, but you can always review the latest version at this web address.
This is an agreement between us (Trees and Things), and you (the site user). Fortunately, it requires you to do very little, and in turn requires us to do very little. This TOS constitutes the entire agreement between you and Trees and Things and governs your use of the service. It takes precedence over any prior agreements regarding the service you made with us. The TOS and the relationship between you and Trees and Things is governed by the laws of the State of California without regard to its conflict of law provisions.
Promises you must make to us
Because your use of our service implies your agreement with this document, you must be someone who is capable of forming a binding contract. We consider your use of our service an implicit assertion that you are old enough to sign a contract, and that you are not otherwise barred from receiving services according to your local laws. You also agree to: (a) provide current and accurate information for yourself as prompted by our New User form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate and current. If you provide any Registration information that is not your own or not up to date, or if we have reasonable grounds to suspect that your Registration information is inaccurate or not current, Trees and Things has the right to suspend or terminate your account and refuse any and all current or future use of any part of our service.
Your privacy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.treesandthings.com/special/Privacy. You understand that your use of the service implies your consent to the collection and use of this information, as described in the Privacy Policy.
Security
You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Trees and Things of any use of your password or account by someone other than yourself, or of any other breach of security, and (b) take care to protect your account from use by anyone who is not supposed to use it. Trees and Things cannot and will not be liable for any loss or damage that occurs because you did not keep your password secret or strong. Some good advice for choosing a password can be found here.
We aren't responsible for what others post
You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created it. This means that you, and not Trees and Things, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via our service. Trees and Things does not control the content posted via the service. Therefore, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. If content made available through our service causes loss or damage to you or your property, we will not be liable in any way.
Some things you agree not to do
You agree to not to do the following in our forum:
- Post or make available any content that is unlawful.
- Post or make available any content that you do not have the legal right to post or make available under law.
- Post or make available any content that infringes copyrights of any party.
- Make an unequivocal, unconditional, immediate threat to physically injure another specific user.
- Publish inaccurate contact information in your user account's public profile, unless you are obviously joking.
- Post or make available any spam. That means advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except as part of an incidental mention in the course of a discussion. However, you are free to promote your website or business in your .sig file and user info page.
- Post or make available any material, or links to material, that 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.
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
You also agree not to do the following in our chat rooms. For clarification of the following, please see our Chat Policy.
- Mass Advertising.
- Clone connections so that you are logged in multiple times on the same server.
- Impersonate another user by registering their nickname.
- Prevent other users from conversing with each other, either through denial-of-service attacks or flooding.
- Launch a chat bot without the approval of the IRC administrators.
The rare times when we might delete or change content
We do not pre-screen content, but we reserve the right to do so, as well as to refuse, move, or delete any content that is available through our service. This may be done by Trees and Things, or our designees, and at our sole discretion. We plan to use this power to delete content that violates the TOS, or content that the poster has requested for us to delete. You agree that we do not endorse or vouch for the accuracy of any content you find on our site, and that you browse Trees and Things at your own risk.
When we might disclose your account information
Trees and Things is not an anonymizing service. We will access, save, and disclose your account information and content under the following conditions:
- We are required to by law, or to comply with a legal process.
- To enforce the TOS.
- To respond to claims that any content violates the rights of thrid parties.
- To respond to customer service requests from you (e.g. lost password issues)
- We believe that doing so will protect the rights, property, and personal safety of ourselves, our users, and the public.
In accepting this TOS, you implicitly acknowledge, consent and agree to the above policies.
Ownership of the content you submit
Trees and Things does not claim ownership of content you submit or make available for inclusion on the service. But, we do aspire to see our most outstanding posts collected and preserved for posterity. To this end, with respect to any public content you post on the site, you grant Trees and Things a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable license to reproduce your comments in whole or in part in other works or media.
If other people sue us because of you, you have to pay them
If you get in trouble due to something you did with our service, you agree to indemnify Trees and Things. That means you agree that we were not involved in any way. We will not be held responsible for any damages arising from content you submitted, posted, or transmitted, nor for anything stemming from your violation of the TOS, or your violation of any rights of some other user. This indemnification extends to Trees and Things, its subsidiaries, affiliates, officers, agents, employees, partners and licensors.
Transfer of user accounts
You may share your user account among multiple people, as long all people who can use the account can change the password. You may not create such an account for the purposes of implementing a system that is practically equivalent to an anonymous posting mechanism, allowing anyone to post without reference to their regular user ID. All people who use your user account agree to abide by this Terms of Service. You also agree that any rights to your Trees and Things ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, we may terminate your account and delete your personal information.
General practices and usage limits
You acknowledge that we may establish additional general practices and limits concerning use of the service. Specifically, we may assume that your consent to our practices does not expire. You agree that we have no responsibility or liability if any content is deleted from the site, or fails to store on the site. You further acknowledge that Trees and Things reserves the right to modify these general practices and limits from time to time.
We may change things around
Trees and Things reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service. You agree that Trees and Things shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
We may delete your account
You agree that Trees and Things may, under certain circumstances and without prior notice, immediately terminate your Trees and Things account and access to the service. Cause for such termination shall include, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and (g) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations for cause shall be made in Trees and Things's sole discretion and that Trees and Things shall not be liable to you or any third party for any termination of your account or access to the service.
We aren't responsible for links or linked sites
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Trees and Things has no control over such sites and resources, you acknowledge and agree that Trees and Things 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 Trees and Things 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.
Trees and Things offers no warranty
Our service is provided on an "as is" and "as available" basis. Trees and Things and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether expressed or implied. This specifically includes our disclaim of any warrenties of merchantability, fitness for a particular purpose, and non-infringement.
You Agree Not to Sue Us
All users browse Trees and Things at their own risk. You expressly understand and agree that Trees and Things and its board members, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages. The term "damages" includes but is not limited to damages for loss of profits, loss of goodwill, loss of data, or other intangible losses. You understand that such damages may result from the following causes, among others:
- The use or the inability to use the service
- Any cost to replace, repair, or find substitute services arising from information obtained from this site.
- Unauthorized access or alteration to your transmissions or data
- The statements or conduct of any other user of the service
What to do if something posted on this site infringes your copyright
Trees and Things may, in the right circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Trees and Things's Copyright Agent all of the "Elements of Notification" listed in 17 U.S.C. 512(c)(3). Trees and Things's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at the e-mail address shane at webqualityhost dot net.
Statute of Limitations.
If something happens that is related to your use of our service, but not covered by this TOS, you agree that any claim, or cause of action must be filed within one (1) year after such claim or cause of action arose or be forever barred.
