I. TREE TOP, INC. GENERAL TERMS AND CONDITIONS FOR http://www.treetop.com
CONDITIONAL USE OF THIS SITE
Your access to and use of this website and its contents (the “Site”) is subject to the following terms and conditions (“Terms and Conditions” or “Terms”) and all applicable laws. By accessing and browsing the Site, you (the “User” or “you”) accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Tree Top, Inc. regarding the Site are superseded and of no force or effect.
TERMS AND CONDITIONS
Tree Top, Inc. maintains the Site for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download only material displayed on the Site specifically identified as available for downloading. Such material is for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without written permission from Tree Top, Inc.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Tree Top, Inc. Tree Top, Inc. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Tree Top, Inc.
While Tree Top, Inc. uses reasonable efforts to include accurate and up-to-date information in the Site, Tree Top, Inc. makes no warranties or representations as to its accuracy. Tree Top, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. Neither Tree Top, Inc. nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR CONTRACTUAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Tree Top, Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Any communication or material you transmit or post to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, stories, homepages, or the like is, and will be treated as, non-confidential and non-proprietary. Tree Top, Inc., or its affiliates, at its sole discretion, and without compensation to you, may use, not use, edit, adapt, modify or discontinue the use of any communication or material you post to the site for any purpose whatsoever including, but not limited to, disclosure, transmission, reproduction, distribution, publishing, broadcasting or posting in any medium.
Furthermore, Tree Top, Inc., or its affiliates, without compensation to you, is free to use, not use, edit, adapt, modify or discontinue the use of any ideas, concepts, know-how, or techniques contained in any communication or material you transmit or post to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
Images displayed on the Site are either the property of, or used with permission by, Tree Top, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Tree Top, Inc. and others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Tree Top, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Although Tree Top, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Tree Top, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Tree Top, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Tree Top, Inc. to disclose the identity of anyone posting any such information or materials.
This Site may from time to time contain information relating to various medical, health, diet and nutritional research. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own medical professional.
Tree Top, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
This Site may contain links to other websites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
II. TREE TOP, INC. TERMS AND CONDITIONS FOR USER-GENERATED CONTENT
Tree Top, Inc. owns and/or operates various websites that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User-Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks and comment boards. By registering or using any User-Generated Websites, you accept and agree to the following Terms and conditions for User-Generated Content.
ELIGIBILITY AND REGISTRATION
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username, password and account.
APPROPRIATE CONDUCT AND CONTENT
User-Generated Websites are made available for your personal, noncommercial use only. User-Generated Websites may not be used for any commercial, solicitation or promotional purpose.
By acceptance of these User-Generated Websites Terms and Conditions, you agree that any information you provide about yourself is accurate and complete information at the time provided. In particular, you represent that you are 13 years of age or older. In addition, you agree to update any information provided to User-Generated Websites to keep it accurate and complete. If you become a member of a User-Generated Website, your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for suspension or termination of your membership.
You may not use User-Generated Websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on User-Generated Websites.
We may without notice to you, but shall have no obligation to, refuse, edit and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User-Generated Websites Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing you notice.
Examples of illegal or unauthorized uses include, but are not limited to: Modifying, adapting, translating or reverse engineering any portion of the User-Generated Websites; using any robot, spider, site search/retrieval application or other device to retrieve or index any portion of User-Generated Websites; collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the Web pages or site images that are part of User-Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s’ enjoyment of the service; submitting Materials of any third-party without such third-party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by User-Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While Tree Top, Inc. prohibits such conduct and content on its User-Generated Websites, you understand and agree that you nonetheless may be exposed to such Materials and that you use User-Generated Websites at your own risk.
CHANGES IN TERMS AND CONDITIONS FOR USER-GENERATED WEBSITES
We reserve the right to modify or terminate any User-Generated Website or service therein for any reason, and without notice, without liability to you, any other Member, or any third-party. We also reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for User-Generated Content so that you will be apprised of any changes.
LICENSE TO USE MATERIALS
By submitting, posting or displaying any Materials on or through User-Generated Websites, you automatically grant Tree Top, Inc. a worldwide, nonexclusive, royalty-free, irrevocable license to publicly display or redisplay such Materials on the User-Generated Websites website and in all other forms of media (including, without limitation, email blasts and mobile or text messages or applications) that are used by Tree Top, Inc. or its agents in connection with the promotion, marketing, use or expansion of any User-Generated Websites.
You represent to Tree Top that you own all Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials you provide. You further represent to Tree Top that such materials do not infringe any third-party copyrights or other third-party intellectual property rights. You agree to indemnify Tree Top, Inc. for any and all losses resulting form the invalidity or inaccuracy of such representation.
You may not copy, modify, publish, transmit, distribute, perform, display or sell any of Tree Top, Inc.’s proprietary information, which includes the sum of all postings and photos to the site.
Please do not send to any User-Generated Website or post on any User-Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to any User-Generated Website will not be considered confidential or proprietary.
Users should understand that User-Generated Websites provide a place to review and share information — but the information has not been verified for accuracy and does not represent the opinions or positions of Tree Top, Inc. Tree Top, Inc. cannot guarantee the timeliness, accuracy, efficacy or veracity of any information provided at User-Generated Websites, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied.
USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR CONTRACTUAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.