Terms of Use

Updated: April 26 2017

The following terms of use (the “Terms of Use”) govern your access to and use of: (1) the website located at profiles.eco and all related subsites, including the .eco profiles, known collectively as the Eco System (the “Websites”); and (2) if you register and activate your own .eco domain name subject to our policies, your .eco domain and registry profile (your “Eco Profile”) and all other services provided by Big Room to you through or in connection with the Website or otherwise (collectively, with the Websites, the “Service”). These Terms of Use form an agreement between Big Room Inc. ("Big Room", “us”, “we”, “our”) and you. The term “you” refers to the person or entity (“Customer”, “you”, “your”) visiting, browsing or otherwise using the Service. By accessing and using (the term “use” when used herein will mean access or use, and using will have a corresponding meaning) the Service, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not use the Service. If you are using the Service on behalf of another person or a corporate entity, you represent and warrant to Big Room that you have the authority to bind such person or entity to these Terms of Use.

The Service is provided solely to (collectively, as may be modified from time to time by Big Room in our discretion and without notice, the “Permitted Use”) enable you to: as an individual or entity that has a commitment to sustainability, join the .eco community by identifying yourself as having such a commitment; utilize the power of the internet to foster transparency, information sharing, communication, and exchange of ideas to promote sustainability amongst fellow community members and those who are exploring the possibility of joining the .eco community; and provide information and resources to help grow the sustainability community by attracting and encouraging participation by entities that do not currently identify themselves as part of the community.

By using the Service, you also agree that you will comply with and your use of the Service is subject to the .eco Registry Policies (which you may access here). These Terms of Use will prevail in the event of any inconsistency or conflict between the .eco Registry Policies and these Terms of Use.

1. Changes to these Terms of Use and the Service

Except where prohibited by applicable law, Big Room reserves the right to change these Terms of Use at any time without notice to you. Your continued access to or use of the Service after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Big Room reserves the right to change any information, material, or content contained on or provided through the Service (the "Content") at any time, and from time to time, without notice.

2. Use of the Service

As a condition of your use of the Service, you represent and warrant to, and covenant with Big Room that: (1) you are at least thirteen (13) years of age; (2) you possess the legal authority to create a binding legal obligation for yourself, or if you are using the Service on behalf of another person or entity, then you possess the legal authority to create a binding legal obligation for that other person or legal entity; (3) you will use the Service in accordance with these Terms of Use; and (4) all information supplied by you on the Service is true, accurate, current and complete.

If you have registered and activated a .eco domain and associated Eco Profile, you agree to: (1) update or review your Eco Profile at least annually, and show continued commitment to sustainability over time; (2) display environmental community-related content on your second-level domains under .eco and your Eco Profile and use them in a manner that supports environmental goals and values; and (3) provide content on your .eco second-level domains and Eco Profile and use them in a manner that is accurate, non-deceptive, and reliable (such content and use must also encourage environmental awareness and action on sustainability).

Big Room retains the right, at its sole discretion, to deny access to anyone to the Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Big Room.

3. License Grant

Subject to these Terms of Use, Big Room grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Service in accordance with these Terms of Use.

4. User Account

In order to use the Service you may need a registered account and .eco domain. You agree to keep your login credentials secure and not share them with anyone else. You are responsible for anything that happens through your account.

5. Term and Termination

These Terms of Use will commence on the day you first use the Service and will continue in force until terminated by either party in accordance herewith (the “Term”). These Terms of Use may be terminated as follows: (1) Big Room may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Big Room’s discretion, by email (at your current email address on file with Big Room) or through the Service; and (2) you may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Service and, if applicable, terminating the .eco domain registration associated with your Eco Profile.

6. Submissions and Other User Data

By submitting content to the Service or Big Room, including any postings, questions, comments, suggestions, ideas, or similar information (collectively, “Submissions”), you grant Big Room and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right, without notice or compensation to you, to: (1) access, collect, store, use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (2) use the name that you submit in connection with such Submission. You acknowledge that Big Room may choose to provide attribution of your Submissions at our discretion, and that such Submissions may be shared with others using the Service. You further grant Big Room the right to pursue at law any person or entity that violates your or Big Room’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and nonproprietary.

Big Room takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Big Room has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Service. If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, postings you make to the Service. You will not post or transmit to or from the Service: (1) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy, or that would violate any law; (2) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); or (3) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Service. You acknowledge that Big Room may exercise its rights in respect of any Submissions without any notice to you.

Big Room may collect and analyze data and other information relating to the provision, use and performance of the Service and related systems and technologies (including, without limitation, information concerning Submissions and other user created data and data derived therefrom), and during and after the Term of these Terms of Use, Big Room may: (i) use such data and information to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Big Room’s Service or other offerings; (ii) disclose such data and information solely in aggregated or other de-identified form in connection with its business; and (iii) disclose such data and information as necessary to comply with applicable law or an order of a court or similar judicial or administrative body.

7. Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Service, are owned or licensed by Big Room and are protected by copyright, trade-mark and other intellectual property laws.

Big Room expressly reserves all rights in the Service and all materials provided by Big Room in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the Service, all materials provided by Big Room in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Big Room (or third party suppliers, if applicable), and that access to the Service and all materials provided by Big Room hereunder are licensed and not “sold” to you.

8.Privacy Policy

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use.

9. No Unlawful or Prohibited Use

You will not, without Big Room's prior written permission, use the Service or the Content (together, the “.eco Materials”) for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the .eco Materials or any part thereof on any commercial or non-commercial website; (2) access, monitor, or copy any part of the .eco Materials using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the .eco Materials or bypass or circumvent other measures employed to prevent or limit access to the .eco Materials; (4) take any action that imposes, or may impose, in Big Room’s discretion, an unreasonable or disproportionately large load on the .eco Materials; (5) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the .eco Materials; (6) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Service, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Service; (7) use the .eco Materials as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Big Room and only in the exact manner specified and enabled by us; (8) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the .eco Materials; (9) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the .eco Materials; (10) create derivative works based on the .eco Materials, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the .eco Materials; (11) use or access the .eco Materials in a manner that violates the rights (including, but not limited to intellectual property or privacy rights) of any third party; (12) upload to or transmit through the Service any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Big Room in its sole discretion; or (13) collect or harvest any personal information of any other user of Big Room, including account names and electronic addresses.

10. Third Party Links

The Service may provide links to third party websites. Big Room does not endorse the information contained on such websites or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Big Room’s control, and if you choose to access any such website, you do so entirely at your own risk.

11. Viruses

The downloading and viewing of Content is done at your own risk. Big Room cannot and does not guarantee or warrant that the .eco Materials are compatible with your computer system or that the .eco Materials, or any links from the .eco Materials, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the .eco Materials.

12. Communications Not Confidential

Big Room does not guarantee the confidentiality of any communications made by you through the Service. Although Big Room generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Service, you understand, agree and acknowledge that Big Room cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Service.

13. DISCLAIMER AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY, OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE .ECO MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, STATUTORY, IMPLIED, COLLATERAL OR OTHERWISE. USE OF THE .ECO MATERIALS IS AT YOUR OWN RISK. BIG ROOM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE .ECO MATERIALS. THE .ECO MATERIALS MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. BIG ROOM DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE .ECO MATERIALS. IN ADDITION, BIG ROOM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE .ECO MATERIALS.

ANY INFORMATION ABOUT PRODUCTS, SERVICES, OR OTHER INITIATIVES DISPLAYED ON OR THROUGH THE .ECO MATERIALS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND BIG ROOM DOES NOT GUARANTEE THEIR ACCURACY, SUFFICIENCY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, BIG ROOM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE .ECO MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR THAT THE .ECO MATERIALS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL BIG ROOM BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT BIG ROOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE .ECO MATERIALS.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF BIG ROOM IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING YOUR USE OF, OR INABILITY TO MAKE USE OF, THE .ECO MATERIALS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THESE TERMS OF USE, EXCEED CAD $10.00 OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

14. Indemnification

You will defend, indemnify and hold harmless Big Room and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

  1. (1) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;
  2. (2) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or
  3. (3) your use of the Service.

15. Geographic Application of the Service

Not all elements of the Service may be available in all jurisdictions. Furthermore, nothing on the Service constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

16. Survival

The following sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of these Terms of Use for any reason: Section 6 (Submissions and Other User Data), Section 7 (Ownership), Section 8 (Privacy Policy), Section 13 (Disclaimer and Limitation of Liability), Section 14 (Indemnification), Section 16 (Survival), Section 17 (Governing Law and Jurisdiction), and Section 18 (Entire Agreement, Waiver and Severability).

17. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your access to or use of the .eco Materials, notwithstanding your domicile, residency or physical location. The .eco Materials are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the .eco Materials.

18. Entire Agreement, Waiver and Severability

These Terms of Use (including any documents incorporated by reference herein) constitute the entire agreement between Big Room and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Big Room with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Big Room's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties, then these Terms of Use will prevail.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

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