Terms of Service

1. ACCEPTANCE OF TERMS OF SERVICE

1.1. By accessing or using the Earthfolk website or any other service made available by Earthfolk (together, the "Service"), however accessed, you agree to be bound by these Terms of Service ("Terms"). The Service is owned or controlled by Opumo Ltd ("OPUMO").
These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.

1.2. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

1.3. Earthfolk (“us” or “we”) may modify these Terms at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.

1.4. THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

1.5. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. CONTENT

2.1. Definition

For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service.

2.2. Content Changes

All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.

2.3. Accuracy of Content

We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.

3. USE OF EARTHFOLK

The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Earthfolk and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

5. ACCOUNT INFORMATION

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your devices. You agree to immediately notify us of any unauthorized use of your password or any breach of security and accept responsibility for all activities that occur under your account or password.

6. DISCLAIMERS OF WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EARTHFOLK PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS. Earthfolk EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

7. LIMITATIONS OF LIABILITY

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE. IN NO EVENT WILL EARTHFOLK, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS OR SERVICES PURCHASED, PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US FOR PURCHASES ON THIS WEBSITE DURING THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS OR £100. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

8. TRADEMARKS

Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of Earthfolk and / or our Partners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of the third-party owner.

9. THIRD-PARTY LINKS

This website contains links to websites that are not owned, operated or controlled by Earthfolk or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website and your use of the linked website will be governed by that website’s Terms and Privacy Policy. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

10. USER INFORMATION

Earthfolk welcomes comments and other submissions from the users of our website. Any comments, suggestions, ideas or any other materials submitted, either online or offline to this website (collectively, “User Communications”), will become Earthfolk’s property upon its submission or posting. Earthfolk shall be entitled to unrestricted use of the User Communications including, without limitation, to promote and market the Earthfolk brand, products, and services for any commercial or non-commercial use we deem appropriate, without compensation to the provider of the User Communications. None of the User Communications shall be subject to any obligation of confidence on the part of Earthfolk, and Earthfolk shall not be liable for any use or disclosure of any User Communications. Notwithstanding the foregoing, any personal information you submit to Earthfolk will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by Earthfolk might seem to others to be similar to their own creative work.

11 EARTHFOLK LEGAL AGE

Our services are available only to, and may only be used by, individuals who are of an age to form a legally binding contract under applicable law.

11. COPYRIGHT INFRINGEMENT NOTICES

11.1. We respond to clear notices of alleged copyright infringement. Our response to notices alleging infringement may include removing content and terminating users access to our website.

11.2. To file a notice of infringement with us, you must provide the notice by email or post. Send the notice to the following address:
Earthfolk
66 High Street
Chipping Norton,
United Kingdom, OX7 6LE
Email: [email protected]
Attn: Earthfolk DMCA Notices

12. GENERAL PROVISIONS

These Terms and our Privacy Policy are the entire agreement between Earthfolk, and you relating to your access or use of this website. No failure or delay on the part of Earthfolk to exercise any right, power or remedy under these Terms shall operate as a waiver; nor shall any single or partial exercise by Earthfolk of any right, power or remedy under these Terms preclude any other or further exercise of any right, power or remedy.

13. APPLICABLE LAW

This Agreement is governed by, and is to be construed in accordance with, English law. If any dispute arises between you and Earthfolk, the courts of England and Wales shall have exclusive jurisdiction, even if there are multiple defendants or guarantee recourses, and including summary proceedings or court applications.

14. TERMINATION

We may suspend or terminate your account at any time, for any reason or for no (given) reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Services at any time without notice.

15. SEVERABILITY

If any term or condition of these Terms shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.

16. NEED MORE HELP?

If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact us at [email protected].