TERMS AND CONDITIONS
Updated May 30, 2007

CarbonContest.com is an online utility which allows Members to review their own energy usage and carbon emissions and those of their friends, family and associates.  The following terms and conditions govern your use of the CarbonContest.com website (the “Site”), including your viewing, downloading, and submission of information, as well as your use of the information provided. 

Please read these terms and conditions carefully.   If you do not agree to the following terms, you must leave CarbonContest.com and discontinue any further use of this Site.

This Site is intended solely for Users who are at or over the age of thirteen, and any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of this Agreement. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.

1.  Content Posted and Copyright Information

You may not use this Site or any service on this Site for any unlawful manner nor may you post, publish or any in way display text, photos, files or any other type of information that is illegal to post, violent, libelous, sexually explicit, contains racial ethnic or social bigotry or any other material which we deem, in our sole discretion, as offensive or inappropriate for this Site.  You also agree that you are the owner of any content posted by you or are authorized by the owner to post such content, and will be solely responsible for any damage or harm caused by such posting.  CarbonContest.com reserves the right, but does not claim any responsibility to delete, modify or remove any content which is deemed offensive or for any other reason and without warning to you.  CarbonContest.com may also delete your Membership and bar any further access to the site for posting of such aforementioned offensive content.  If you feel that offensive or inappropriate content has been posted, please contact CarbonContest.  

You are granted a limited license to access and make personal use of this Site.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or used for any commercial purpose without express written consent of CarbonContest.com.  Any unauthorized use terminates the permission or license granted by CarbonContest.com. Spamming, phishing and all other types of mass messaging or information gathering is strictly prohibited and any such action will terminate your account.

2. Trademarks and Services Marks

CarbonContest, the CarbonContest Logo, CarbonContest.com and other graphics, logos and icons are trademarks and service marks of CarbonContest.com.  All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3.  Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio-clips, digital downloads, data compilations, formulas, and software, is the property of CarbonContest.com or its content suppliers and/or other affiliates and protected by United States and international copyright laws.  The compilations of all content on this Site are the exclusive property of CarbonContest.com and are protected by U.S. and international copyright laws.  No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of CarbonContest.com.

4.  Privacy and Security

Your use of the Site is subject to our Privacy Policy.  Click here to see a copy of our Privacy Policy.  You agree that you have read our Privacy Policy, and that you consent to the information practices in our Privacy Policy.

5.  Availability

We cannot promise that access to CarbonContest.com will be uninterrupted or available at all times.  We assume no liability or responsibility for any delay, interruption, or downtime.

6.  Content

Some of the content on CarbonContest.com may be provided by third parties.  All content and services on the Site are intended for information purposes only.  Although we strive for the utmost accuracy and honesty in the information posted on this Site, CarbonContest.com does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any content or service on this Site and does not assume any responsibility for the quality, possible errors or omissions in the content or services provided.  The information provided may not be complete, current, or applicable to your particular situation.  The content and services are provided “as is” without any warranty. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.

7.  Links to Third Party Sites

For your convenience, our Site provides links to other sites.  When you click on one of these links, you are leaving our Site and entering another site.  We are not responsible for such Third Party sites.  You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

8.  Submission and Communications by User

If you submit any information, plans, formulas, correspondence, recommendations, ratings, reviews, opinions, articles, photographs, illustrations, graphics, logos, and images, information, data, messages, posts, or other materials (“Communications”) to CarbonContest.com for any reason, including in connection with contests or discussion groups CarbonContest.com may offer from time-to-time, you agree as follows:

(a) You will not post any content that is illegal to post, contains: violence, nudity (even partial), bigotry or incites bigotry or violence towards any person place or thing, nor will you solicit personal information from any Member under eighteen years of age;

(b) You will neither collect nor post personal information of other Members, which includes but is not limited to: full name, address, phone numbers or email address;

(c) You hereby waive all rights to any claim against CarbonContest.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity in connection with such Communications;

(d) You warrant that the use and posting of Communications you submit to CarbonContest.com will not infringe the intellectual property rights of or otherwise violate the rights of any third party;

(e) You warrant that you are the owner of all Communications you submit, or have been granted all the rights necessary from the owner to submit such Communications to the CarbonContest.com and for the use by CarbonContest.com;

(f) You grant to CarbonContest.com a nonexclusive, perpetual, non-revocable royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any Communications submitted to this Site for any purpose whatsoever, and using any media whatsoever (including media that has not yet been created), including, without limitation, a commercial purpose, without any compensation to you; and

(g) You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your submitting Communications to CarbonContest.com.

You acknowledge that transmission to and from CarbonContest.com are not confidential and your Communications may be read or intercepted by others.  You acknowledge that by submitting Communications to CarbonContest.com, no confidential, fiduciary, contractually implied or other relationship is created between you and CarbonContest.com other than expressly provided in these Terms and Conditions.

9.  Procedure for Making Claims of Copyright Infringement
           
            If you believe your work has been copied on CarbonContest.com in a way that constitutes Copyright Infringement, please send notice to our copyright agent:

CarbonContest.com
Attn.: Copyright Agent
Address:  PO BOX 51254
Seattle, WA 98115
Email:  report@carboncontest.com

Your notice must include:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed upon;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your name, address, telephone number, and e-mail address;

e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

CARBONCONTEST.COM AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

11. Miscellaneous

This Agreement is entered into in the State of Washington and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law roles.  Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Seattle, Washington, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.  In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

12. Changes

Any aspect of CarbonContest.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.  We make no commitment to update the information contained on this Site.  You agree that CarbonContest.com shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.  We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.