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.
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 Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date.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.
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
10. USER INFORMATION
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:
66 High Street
United Kingdom, OX7 6LE
Email: [email protected]
Attn: Earthfolk DMCA Notices
12. GENERAL PROVISIONS
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.
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.
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].