SOLAR COOKERS INTERNATIONAL MARKETPLACE — CONDITIONS OF
USE
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY. BY USING THE
PAGES IN THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE, YOU SHOULD NOT USE THIS SITE.
© 2007 Solar Cookers International, Inc. ("SCI"). All rights
reserved.
1. Restrictions on Use. Except as otherwise indicated
elsewhere any person is hereby authorized to view, copy, print or distribute a
particular portion, graphics, audio and/or video materials, photograph, text,
file or other documents related to this Website ("Materials"), subject to the
following conditions:
a) The Materials may only be stored, distributed or otherwise used for
lawful, informational, non-commercial purposes relating to providing
humanitarian relief, educational, and development programs. This means that the
following, without limitation, are among the prohibited uses of the Materials:
using Materials for advertising purposes, implying that SCI endorses or uses
certain products or services, or directly or indirectly publishing the
Materials, rewriting them for broadcast or publication or redistributing the
Materials in any medium.
b) Any copy of Materials or portion thereof must include the SCI copyright
notice above; except to the extent that another notice is posted on this Website
in connection with certain Materials used, then such Materials shall bear that
author attribution, trademark legend or copyright notice.
c) You shall not post or transmit through this Website any information or
documents that violate or infringe in any way upon the rights of others, that is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, that encourages
conduct that would constitute a criminal offense, that gives rise to civil
liability or that otherwise might violate any law.
d) SCI reserves the right to revoke this authorization at any time, and any
use of this Website shall be discontinued immediately upon notice from SCI.
e) SCI may, from time to time, change or discontinue any aspect or feature of
this Website, including, but not limited to, Materials, content, hours of
availability, and equipment needed for access or use.
f) You are responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of this Website, and
all charges related thereto.
g) Information obtained through the Website shall not be used to disparage
SCI or its activities.
2. Submissions
a) All remarks, suggestions, ideas, graphics, or other information
communicated to SCI through this site (collective, the "Submission") will
forever be the property of SCI. SCI will not be required to treat any Submission
as confidential, will not be liable for incorporating any Submission into ideas
for its business (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities to a
Submission that may appear in future SCI operations. SCI will be entitled to use
the Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and you, not SCI,
have full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright. By submitting material to any
public area of this Website, you automatically grant or warrant that the owner
of such material has expressly granted SCI the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. You also permit any other user to access, view, store or
reproduce the material for that other user's use.
b) This Website contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sounds belonging to SCI or to certain contributors to
this Website. SCI owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to SCI. You
acknowledge that you acquire no ownership rights by downloading copyrighted
material. You may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, make any changes in or deletion of author
attribution, trademark legend or copyright notice or in any way exploit any of
the content, in whole or in part, relating to the Website, except as expressly
stated herein.
c) You shall not upload, post or otherwise make available on the Website any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with you. You shall be solely responsible for any
damage resulting from any infringement of copyrights, proprietary rights, or any
other harm resulting from such a submission.
3. Liability
a) You agree to defend, indemnify and hold harmless SCI, SCI East Africa,
their affiliates, their respective directors, officers, employees, agents, third
party content providers or licensors (collectively, "SCI Entities") from and
against all claims, losses and expenses of any nature, including, but not
limited to, lost profits, direct, indirect, incidental, special, consequential
or punitive damages, attorneys' fees and disbursements, arising out of the use
of this Website by you. No SCI Entities shall be liable for any claims, losses
of any nature, including without limitation, claims relating to any defamatory,
offensive or illegal conduct. You expressly agree that use of this Website is at
your sole risk, and that the provisions of this section apply to all content on
this Website.
b) The Materials are provided "AS IS" and without warranties of any kind
either expressed or implied to the fullest extent permissible pursuant to
applicable law. SCI disclaims all warranties of merchantability or fitness for a
particular purpose. CARE does not warrant or make any representations regarding
the use of, or the result of the use of, the Material or this Website including,
without limitation, its authenticity, omissions, completeness, accuracy,
reliability, interruption, defect, deletion, sequence, delay in operation or
transmission, line failure, the content of any information, service, or
merchandise provided through this Website, the use or the inability to use the
Material or this site, the correction of defects in Materials or on this
Website, whether this site or the server that makes it available are free of
viruses, communication line failure, theft or destruction or unauthorized access
to, alteration of, or use of records or other harmful components.
c) The limitation of liability set forth herein also applies to third party
content on this Website. In certain cases, SCI is a distributor (and not a
publisher) of content supplied by third parties and users. Accordingly, SCI has
no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third parties,
including information providers, or any other user of this Website, are those of
the respective author(s) or distributor(s) and not of SCI. Under no
circumstances will SCI have any responsibility for any loss or damage relating
to this information or your reliance on it. It is your responsibility to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through this Website. Please seek the advice
of professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
d) The foregoing limitation shall apply even if there is negligence on the
part of SCI Entities or an authorized SCI representative has been advised of the
possibility of such damages, or both.
e) Information on this Website, or the websites of any of the SCI 's related,
affiliated or subsidiary entities, is provided with the understanding that SCI
Entities are not rendering professional advice or recommendations. You should
not rely on any information on these pages to replace consultations with
qualified professionals to meet your individual needs.
f) This Website may be linked to other sites which are not maintained by SCI.
SCI is not responsible for the content of those sites. The inclusion of any link
to such sites does not imply endorsement by the SCI of the sites. SCI makes no
representations whatsoever about any other website which you may access through
this one.
4. Purchases
a) If you wish to purchase products or services described in this site, you
may be asked to supply certain information, including credit card or other
payment information. By providing such information, you represent and warrant
that it is accurate, complete, and current. By making any such purchase, you
agree to pay all charges (including shipping and handling charges) incurred by
users of your credit card or other payment mechanism at the prices in effect
when such charges are incurred. You are responsible for paying any taxes
applicable to such purchase.
b) Data about the activity of visitors to this site is automatically
provided to SCI. SCI may use or disclose information about your demographics and
use of the site in any manner that does not reveal your identity. Email
addresses, postal addresses, or telephone numbers and other personally
identifying data about you is known to SCI only when voluntarily submitted or
posted to this site. SCI may use such personally identifying information
provided by you to send communications to you regarding orders placed. SCI may
also use this information to communicate advance notice of events and new
products and services.
c) SCI reserves the right to refuse any order for any reason. Orders
may be delayed or canceled if SCI is not given completely accurate information
and/or is unable to contact the person who has placed the order and/or is the
primary cardholder for the order.
5. Employment at SCI. SCI is an equal opportunity employer
committed to a diverse work force. To be considered for a position at SCI, you
must contact SCI and submit an application to pursuant to SCI's employment
policies.
6. SCI Programs. This Website is distributed internationally
and may contain references to SCI services, products, and programs that are not
in your country. These references do not imply that SCI intends to announce or
provide the programs, products, or services in your country. All questions about
SCI activities in your country should be directed to the SCI Country Office in
your country.
7. Monitoring. SCI shall have the right, but not the
obligation, to monitor the content of this Website, including chat rooms and
forums, to determine compliance with this Agreement and any operating rules
established by SCI or to satisfy any law, regulation or authorized government
request. SCI shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on this Website. Without limiting
the foregoing, SCI shall have the right to remove any material that SCI, in its
sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable. Possible evidence of use of this site for illegal purposes will
be provided to law enforcement authorities.
8. Termination. SCI or you may terminate this Agreement at
any time. You may terminate this Agreement by destroying at Materials obtained
from all SCI sites that are in your possession. SCI may terminate this Agreement
immediately without notice if, in its sole judgment, you breach any term or
condition of this Agreement. Upon termination, you must destroy all
Materials.
9. Trademark Information. The marks SCI, SCIEA, SCIA, SBCI,
and certain other service marks, trademarks, tradenames or logos relating
thereto, are registered in the United States and, to the extent used outside the
United States, in other countries. All rights reserved. Other trademarks or
tradenames displayed on this site or through links to other sites are the
property of the respective trademark owners.
10. Miscellaneous
a) This Agreement and any operating rules for SCI established by SCI
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the
parties with respect to such subject matter.
b) This Agreement shall be construed in accordance with the laws of the State
of California, United States of America, without regard to its conflict of laws
rules. If any part of these Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions.
c) SCI can revise these Terms and Conditions at any time. Such changes,
modifications, additions or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, but not limited to, posting
on this Website, or by electronic or conventional mail, or by any other means by
which the Website user obtains notice thereof. Any use of this Website by you
after such notice shall be deemed to constitute your acceptance of such changes,
modifications or additions. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default.
d) The section headings used herein are for convenience only and shall not be
given any legal import.
e) The provisions contained herein for the benefit of SCI, its subsidiaries,
affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own
behalf. |