These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to the use by you of the website (the “Site”) of Erth Living Inc. (“Erth”, “we” or “us”). Erth may change these Terms and Conditions from time to time, at Erth’s sole discretion, so we encourage you to check for updates when you visit this Site. By using this Site you are agreeing to these Terms and Conditions.
Use of the Site is restricted to personal use. You shall not use this Site for any other purpose.
These Terms and Conditions will continue as an agreement (the “Agreement”) between you and Erth until terminated by us, which we may do for any reason without notice to you. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in these Terms and Conditions will survive the termination of this Agreement.
You agree not to introduce into or through this Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Erth owns (or has the right to use) all Content on this Site and all intellectual property rights therein, and all such Content is protected under copyright law. Content protected by copyright laws include, but is not limited to, audio and video clips, designs, images, illustrations, photographs (collectively, “Content”). Any use of the Content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, copying, posting, uploading, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the Content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Erth, is strictly prohibited.
You agree that if you upload any content to our Site, including text, commentary, images, photos, videos, music and/or recordings, you are deemed to have granted to Erth and its Affiliates (as defined below) a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with the promotion, contest or event to which such upload relates (and you agree to provide such releases and waivers as are associated with such promotion, contest or event), and any other uses deemed by Erth in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of Erth.
Erth and its brands (being Erth, Erth DESIGN, Erth HOMES and BUILDING WELL-BEING [add, if any], and any future affiliated or related companies and brands) (collectively, “Affiliates”) trademarks and design marks (collectively, the “Erth Marks”), are trademarks or registered trademarks of Erth Living Inc. and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced on this Site may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the Erth Marks, appearing on this Site without the express written consent of the owner of the trademark is strictly prohibited
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Erth SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SITE (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SITE) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL Erth, ITS AFFILIATED COMPANIES OR BRANDS (BEING Erth , Erth DESIGN, Erth HOMES AND BUILDING WELL-BEING [add if any], AND ANY FUTURE AFFILIATED COMPANIES AND BRANDS OF Erth Living Inc.), EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS OR CONTENT ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
By using the Site, you agree to indemnify and hold Erth (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with your use of the Site, including but not limited to any violation by you of the Terms and Conditions, any law or the rights of any third party.
We do not use this Site to disseminate unsolicited commercial electronic messages (“spam”). E-mail messages sent in connection with this Site will contain an “unsubscribe” or “opt-out” link. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You shall not use this Site to disseminate any unsolicited commercial electronic messages.
In addition, our Site may include Content that is streamed by our Site but hosted or made available by third parties. Erth is not responsible for, and expressly disclaims any responsibility or liability associated with, your use of any such Content. If you choose to view such streamed Content, you should review the policies that govern such Content.
This Site is controlled and operated by Erth from Toronto, Ontario, Canada. You agree that your use of the Site is governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Ontario, Canada.
We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials or Content on the Site are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location other than Canada or the United States of America you do so of your own volition and you are solely responsible for complying with any applicable local laws. If any part of these Terms and Conditions are invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.
Erth shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information.