Reuseit / ecoVerse Terms of Use

 

 

January 2018

 

Acceptance of Terms

ReuseIt, Inc. (“ReuseIt,” “we,” “our,” “us”) operates and maintains the mobile software application ecoVerse (the “Application”) subject to the following Terms of Use ("Terms"). The Terms document link on the ReuseIt and ecoVerse websites (collectively, the “Sites”) will always show the most updated Terms. By using the Application, you agree to comply with these Terms.

 

Should you object to any portion of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with ReuseIt or the Application in any way, please contact support@reuseit.io to provide feedback. If you remain dissatisfied even after you contact us, your other available recourse is to discontinue using the Application.

 

We may update the Terms document from time to time. We will provide notice of materially significant changes to these Terms by posting notice on the ReuseIt website.

 

Content

You understand that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Application are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Application.

 

You understand that ReuseIt does not control, and is not responsible for Content made available through the the Application, and that by using the the Application, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ReuseIt be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the the Application. You acknowledge that ReuseIt does not pre-screen or approve Content.

 

ReuseIt shall have the right in its sole discretion to refuse, delete or move any Content that is available via the the Application, for violating the letter or spirit of these Terms or for any other reason. All users of the Application agree to abide by these Terms.

 

Donations

The Application provides a mechanism by which users can donate gently-used goods to other users and enjoy a small tax-deduction for the value of each item donated. As the operator and manager of the Application, ReuseIt does not provide any guidance or assistance with regard to users’ individual state or federal taxes or tax returns. By using the Application to donate gently used goods, you agree to not hold ReuseIt, its officers, employees, or volunteers liable for any tax-related issues of any kind. You hereby accept personal responsibility for any tax liability or penalty you may incur while a registered user of the Application and release any claims against ReuseIt for said tax liability or penalties.

 

At the end of the calendar year, ReuseIt will send notices by email and/or through the Application to each user listing the number of donations made and their individual value for tax purposes. These notices serve as records of your tax-deductible donations through the Application.

 

Conduct

You agree not to post, email, or otherwise make available Content:

 

  • that impersonates any person or entity, including, but not limited to, a ReuseIt employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes 'bait and switch';

  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • that constitutes or contains 'affiliate marketing', 'link referral code', 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or unsolicited commercial advertisement;

  • that includes links to commercial services or web sites;

  • that advertises the donation of any items that are prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;

  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • that disrupts the normal function of the site via an excessive number of messages (flooding attack) to the the Application, or that otherwise negatively affects other users' ability to use the the Application;

  • or that employs misleading email addresses, or forged descriptions or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

Additionally, you agree not to:

 

  • contact anyone who has asked not to be contacted;

  • 'stalk' or otherwise harass anyone;

  • collect personal data about other users for commercial or unlawful purposes;

  • transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or any kind or nature;

  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org (http://archive.org/)) that comply with our robots.txt file;

  • or attempt to gain unauthorized access to ReuseIt, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Application or our websites.

 

Limitations on Service

You acknowledge that we may establish limits concerning use of the the Application, including the maximum number of days that Content will be retained by the the Application, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the the Application, and the frequency with which you may access the the Application.

 

You agree that ReuseIt has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ReuseIt reserves the right at any time to modify or discontinue the Application (or any part thereof) with or without notice, and that ReuseIt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

 

Termination of Service

 

You agree that ReuseIt, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Application (or any part thereof), immediately and without notice, and remove and discard any Content within the Application, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that ReuseIt shall not be liable to you or any third-party for any termination of your access to the Application. You agree not to attempt to use the Application after said termination.

 

Dealings with Other Users

Your interactions with other users found on or through the Application, including arrangement and delivery of goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such users. ReuseIt does not warrant the condition or value of any item donated through the Application and bears no responsibility for the condition of any items donated through the Application nor for any defects in said items. You agree that ReuseIt shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

If there is a dispute between between users, you understand and agree that ReuseIt is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ReuseIt, its officers, employees, and volunteers from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

 

Proprietary Rights

The Application is protected to the maximum extent permitted by copyright and other intellectual property laws and international treaties. Content displayed on or through the Application is protected by copyright, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

 

Any reproduction, modification, creation of derivative works from or redistribution of the Application or Content posted through the Application is prohibited. Copying or reproducing the Application or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Application, and agree to abide by any and all copyright notices displayed in the Application and on the Sites.

 

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Application. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Application. To the maximum extent possible, all aspects of the Application and the Sites are copyrighted from 2017 to present by ReuseIt, Inc.

 

Although ReuseIt does not claim ownership of content that its users post, by posting Content to any public area of the Application, you automatically grant, and you represent and warrant that you have the right to grant to ReuseIt an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. In addition, by posting Content to any public area of the Application, you automatically grant, and you represent and warrant that you have the right to grant to ReuseIt an irrevocable, perpetual, exclusive, fully paid, worldwide license to limit or otherwise control the reproduction, transmission, deletion, or distribution of Content from the Application.

 

Disclaimer of Warranties

You agree that use of the Application is entirely at your own risk. The Application is operated and maintained on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including and without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.

 

To the fullest extent permitted by law, ReuseIt  disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of ReuseIt, its officers, employees, and volunteers, and the Application itself. To the fullest extent permitted by law, ReuseIt disclaims any warranties for goods received through or posted on the Application. To the fullest extent permitted by law, ResueIt disclaims all liability for any tax penalties or consequences incurred users of the Application.

 

Limitations of Liability

Under no circumstances shall ReuseIt be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if ReuseIt has been advised of the possibility of such damages), resulting from any aspect of your use of the Application, whether the damages arise from use or misuse of Application, or the interruption, suspension, modification, alteration, or termination of the Application. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Application, as well as by reason of any information or advice received through or advertised in connection with our websites. These limitations shall apply to the fullest extent permitted by law.

 

Indemnity

You agree to indemnify and hold ReuseIt, its officers, employees, and volunteers harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Application, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

 

General Information

These Terms constitute the entire agreement between you and ReuseIt and govern your use of the Application, superseding any prior agreements between you and ReuseIt.

 

These Terms and the relationship between you and ReuseIt shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ReuseIt agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco.

 

The failure of ReuseIt to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Feedback

 

We welcome your feedback on this document. Please contact contact@reusitnow.org with your questions, concerns, and/or comments related to these Terms and we will respond within a reasonable time frame.