Terms of Use Agreement

The eightyseventh.org is a service that allows its members to test the features of this website, subscribe to it, and possibly learn how to create, design and manage their own website(s) using WordPress. The services offered by theeightyseventh.org (“theeightyseventh.org” or “we”) include the theeightyseventh.org website and any other features, content, or applications offered from time to time by theeightyseventh.org in connection with the theeightyseventh.org website.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of theeightyseventh.org Services. By using the theeightyseventh.org Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the theeightyseventh.org Website) or you are a “Member” (which means that you have registered with theeightyseventh.org). The term “User” refers to a Visitor or a Member. You are only authorized to use the theeightyseventh.org Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. By becoming a user of theeightyseventh.org, you agree to this Agreement.

This Agreement includes theeightyseventh.org’s policy for acceptable use of theeightyseventh.org Services and Content posted on the theeightyseventh.org website, your rights, obligations and restrictions regarding your use of the theeightyseventh.org Services, and theeightyseventh.org’s Privacy Policy. In order to participate in certain theeightyseventh.org Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the theeightyseventh.org Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

We expressively reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Please choose carefully the information you post on theeightyseventh.org and provide to other Users. It must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. If you become aware of misuse of theeightyseventh.org Services by any person, please contact theeightyseventh.org, at earthmyth@theeightyseventh.org.

Theeightyseventh.org reserves the right, in its sole discretion, to reject, refuse to post or remove any messages by anyone, or to restrict, suspend, or terminate anyone from access to all or any part of the theeightyseventh.org’s Services at any time, for reason, with or without prior notice if or when the term(s) of this agreement or when any applicable laws or regulations are violated, and without liability of theeightyseventh.org, or third party.

1. Eligibility

Use of and Membership in the theeightyseventh.org Services is void where prohibited. By using the theeightyseventh.org Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of theeightyseventh.org Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

2. Term

This Agreement shall remain in full force and effect while you use the theeightyseventh.org Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. The eightyseventh.org may terminate your Membership at any time for a good reason, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify theeightyseventh.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Proprietary Rights in Content on theeightyseventh.org

The eightyseventh.org does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the theeightyseventh.org Services. After posting your Content to the theeightyseventh.org Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the theeightyseventh.org Services, you hereby grant to theeightyseventh.org a non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the theeightyseventh.org Services.

You represent and warrant that: (i) you own the Content posted by you on or through the theeightyseventh.org Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the theeightyseventh.org Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the theeightyseventh.org Services.

The eightyseventh.org Services contain Content of theeightyseventh.org (“theeightyseventh.org Content”). theeightyseventh.org Content is protected by copyright, trade secret and other laws, and theeightyseventh.org owns and retains all rights in the theeightyseventh.org Content and the theeightyseventh.org Services.

The eightyseventh.org Services contain Content of Users and other theeightyseventh.org licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the theeightyseventh.org Services.

5. Content Posted

The eightyseventh.org may delete any Content that in the sole judgment of theeightyseventh.org violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The eightyseventh.org assumes no responsibility for monitoring theeightyseventh.org Services for inappropriate Content or conduct. If at any time theeightyseventh.org chooses, in its sole discretion, to monitor the theeightyseventh.org Services, theeightyseventh.org nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the theeightyseventh.org’s Services, and any material or information that you transmit to other Members and for your interactions with other Users. The eightyseventh.org does not endorse and has no control over the Content. Content is not necessarily reviewed by theeightyseventh.org prior to sending and does not necessarily reflect the opinions or policies of theeightyseventh.org. The eightyseventh.org makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

6. Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the theeightyseventh.org Services. theeightyseventh.org reserves the right to investigate and take appropriate legal action against anyone who, in theeightyseventh.org’s sole discretion, violates this provision, including without limitation, removing the offending communication from the theeightyseventh.org Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of theeightyseventh.org:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• provides any telephone numbers, street addresses, last names, URLs or email addresses;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph of another person that you have posted without that person’s consent;
• or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the theeightyseventh.org Website and through your use of the theeightyseventh.org Services. The eightyseventh.org reserves the right to inquire and take appropriate legal action against anyone who, in theeightyseventh.org’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, malware, ransomware, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any Member to buy or sell any products or services through the theeightyseventh.org Services unless explicitly allowed in selected areas (advertising section);
• covering or obscuring the banner advertisements on your personal profile page, or any theeightyseventh.org page via HTML/CSS or any other means;
• any automated use of the system, such as using scripts to send messages;
• interfering with, disrupting, or creating an undue burden on the theeightyseventh.org Services or the networks or services connected to the theeightyseventh.org Services;
• attempting to impersonate another Member or person;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your profile;
• using any information obtained from the theeightyseventh.org Services in order to harass, abuse, or harm another person;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the theeightyseventh.org’s Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or
• using the theeightyseventh.org Services in a manner inconsistent with any and all applicable laws and regulations.

7. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of theeightyseventh.org to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to theeightyseventh.org by the copyright owner or the copyright owner’s legal agent.

If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should notify me via my email address immediately. For to be taken, the notice must:

• Identify in sufficient detail the proprietary work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed). 
• Identify the material that you claim is infringing the proprietary work listed in item #1 above. 
• Provide information reasonably sufficient to permit us to contact you (email address is preferred).
• Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). 
• Include the following statement: “I have a good faith belief that use of the proprietary materials described above as allegedly infringing is not authorized by the proprietary owner, its agent, or the law.”
• Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the proprietary owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Sign the paper.
• Send the written communication to earthmyth@theeightyseventh.org, or a designated Agent for a Claimed Infringement.

You acknowledge and agree that upon receipt of a notice of a claim of infringement of proprietary rights, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials, will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

8. Member Disputes

You are solely responsible for your interactions with other theeightyseventh.org Members. The eightyseventh.org reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Payments and refund policy

The eightyseventh.org is offering premium features available to publishers which can be used upon the user loading the account with credits. Users have the option to set up payment agreements with our payment provider, allowing theeightyseventh.org to charge once the amount of credits has fallen below a certain threshold as defined by the user. This can be cancelled immediately at any time.

As a company policy, we do not issue refunds unless a system malfunction caused a problem or your account was terminated without cause.

Therefore, please consider carefully if you want to use our service before you load your account with credits. Due to the free tier, you can get a very good idea of what the functions will do which will be accessible after you became a premium user. If anything is not clear, please contact us. We’ll respond within 24 hours. 

10. Privacy

Use of theeightyseventh.org Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 

11. Disclaimers

The eightyseventh.org is not responsible for any incorrect or inaccurate Content posted on  theeightyseventh.org Website or in connection with theeightyseventh.org Services, whether caused by Users of  theeightyseventh.org Services or by any of the equipment or programming associated with or utilized in the theeightyseventh.org Services. Messages created and posted by Members on theeightyseventh.org Website may contain links to other websites. The eightyseventh.org is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by theeightyseventh.org. Inclusion of any linked website on theeightyseventh.org Services does not imply approval or endorsement of the linked website by theeightyseventh.org.

When you access these third-party sites, you do so at your own risk. The eightyseventh.org takes no responsibility for third party advertisements, or information posted on the theeightyseventh.org’s Website or through theeightyseventh.org’s Services, nor does it take any responsibility for the goods, services, or information provided by its advertisers. The eightyseventh.org is not responsible for the conduct, whether online or offline, of any User of the theeightyseventh.org Services. The eightyseventh.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

The eightyseventh.org is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the theeightyseventh.org Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with theeightyseventh.org’s Services.

Under no circumstances shall theeightyseventh.org be responsible for any loss or damage, including personal injury or death, resulting from use of theeightyseventh.org’s Services, attendance at a theeightyseventh.org event, from any Content posted on or through the theeightyseventh.org Services’s, or from the conduct of any Users of the theeightyseventh.org Services, whether online or offline. The eightyseventh.org’s Services are provided “AS-IS” and as available and theeightyseventh.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The eightyseventh.org cannot guarantee and does not promise any specific results from use of the the eightyseventh.org Services.

12. Limitation on Liability

In no event shall theeightyseventh.org be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if theeightyseventh.org has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, theeightyseventh.org’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to theeightyseventh.org for theeightyseventh.org services during the term of membership.

13. Disputes

If there is any dispute about or involving theeightyseventh.org’s Services, you agree that the dispute shall be governed by the laws of United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of United States.

14. Indemnity

You agree to indemnify and hold theeightyseventh.org, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including any attorneys’ fees, made by any third party due to or arising out of your use of theeightyseventh.org’s Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on theeightyseventh.org’s Website or through the theeightyseventh.org’s Services causes the eightyseventh.org to be liable to another.

15. Miscellaneous

This Agreement is accepted upon your use of theeightyseventh.org’s website or any of  theeightyseventh.org’s Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and theeightyseventh.org regarding the use of theeightyseventh.org’s Services. The failure of theeightyseventh.org to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.