Terms of service

1. Introduction

The following terms and conditions (the “Terms of Service”), effective April 1, 2011, apply to your use of Digital Green’s website (the “Website”), online game (the “Game”), and related services (together with the Website and the Game, the “Services”). By using the Services, you are agreeing to all of the Terms of Service, which we may update from time to time. Your continuing use of the Services constitutes your agreement to any changes to the Terms of Service that we may post at this page. You should check this page regularly to take notice of any such changes.

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or modify the Services without notice. We will not be liable if the Services are unavailable at any time for any reason. From time to time, we may restrict access to some parts or all of the Services.

If you access our Services via a third-party social networking service (“SNS”) such as Facebook, you should also review the SNS’s terms of service, which may be applicable.

Our Website may contain links to other websites, which are not operated by Digital Green (the “Linked Sites”). We are not responsible for the content or services available on the Linked Sites and accept no responsibility for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to any terms of service provided by the operators of the Linked Sites, and you should review them before using those sites.

In these Terms of Service, “Digital Green” (or “we” or “us”) means Digital Green Foundation, 2342 Shattuck Ave, #151, Berkeley, CA, 94704.

2. Privacy Policy

Our Privacy Policy at https://www.digitalgreen.org, incorporated by reference in these Terms of Service, specifies how we will use information that you provide to us. By using the Services, you agree to be bound by the Privacy Policy, and warrant that all information you provide to us is accurate and truthful.

3. Prohibitions

You may not use the Services if you are under the age of 13 years old, or if your use of the Services is prohibited by law applying to you. If you are 13 years or older, but under 18 years old, you may not use the Services unless your legal guardian has reviewed and agreed to these Terms of Service on your behalf.

You may use the Services solely for your own personal educational and entertainment purposes, and not for any commercial purposes. In using the Services, you agree that you will not:

commit, facilitate, or encourage a criminal offense;
transmit or distribute a virus, Trojan horse, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
hack into any aspect of the Service;
cause annoyance to other users;
infringe upon or violate any other person’s rights;
send any unsolicited advertising or promotional material;
solicit or collect personal information from other users of the Services;
acquire or transfer virtual property for use in the Game except directly from us via the Services;
attempt to affect the performance or functionality of any computer facilities of Digital Green or its partners involved in the operation and maintenance of the Services;
directly or indirectly take any action to unduly stress the Services, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial-of-service attack, or using any scraper, robot, spider, or other automated mechanism to access the Services or download content from the Services.

We reserve the right to monitor your use of the Services to provide guidance and assistance, and to monitor your compliance with these Terms of Service. You acknowledge and hereby consent to such monitoring.

Breaching this provision may constitute a criminal offence. Digital Green will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services.

4. Intellectual Property

The intellectual property rights in all software and content made available to you through the Services remain the property of Digital Green or its licensors. You may store, print, and display such content solely for your own personal use. You may not publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content supplied to you via the Services, nor may you use any such content for any commercial purpose.

You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any content supplied via the Services.

5. Registration

To use certain features of the Services, you may be required to register with us by creating a personal account (“Account”). You agree not to create an Account if you are under the age of 13 years old, and you will deny access to the Services via your Account to children under the age of 13 years old.

You are responsible for all activity conducted through your Account. Digital Green reserves the right to close the Account of any user who has violated these Terms of Services, or who has disrupted or threatens to disrupt any of our Services in any way.

6. Submissions

By submitting any information or other material to us via the Services, you automatically grant Digital Green a royalty-free, perpetual license to reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise use such material (in whole or part) worldwide and/or to incorporate such material in other works in any form, media, or technology now known or later developed. However, Digital Green is not obliged to use any material that you submit.

7. Purchases

In using the Services, you may have an opportunity to purchase (a) “virtual” goods and services for use in the Game (“Virtual Items”), or (b) “real world” merchandise to be delivered to you. Facebook Credits may be required for certain purchases. The purchase and use of Facebook Credits is subject to Facebook’s own payment terms.

When you purchase Virtual Items, you are acquiring a license to use such items solely for their intended use as part of the Game. The provision of Virtual Items is a service that commences immediately upon our acceptance of your order.

You agree to pay all amounts and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the goods and services offered through the Services at any time. YOU WILL NOT RECEIVE A REFUND OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN THE SERVICES ARE UNAVAILABLE OR WHEN AN ACCOUNT IS CLOSED FOR ANY REASON.

8. Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL GREEN HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY LAW, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.

IN NO EVENT SHALL DIGITAL GREEN’S LIABILITY TO YOU EXCEED ANY AMOUNT THAT YOU HAVE PAID TO DIGITAL GREEN IN THE COURSE OF USING THE SERVICES.

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9. Indemnity

You agree to indemnify, defend and hold harmless Digital Green, its directors, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages and/or costs (including but not limited to attorneys’ fees) arising from your use the Services or your breach of the Terms of Service.

10. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected, and all other clauses will remain in full force and effect. So far as possible, where any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

11. Waiver

If you breach these Terms of Service and we take no action, we will still be entitled to assert our rights in any other situation where you breach these Terms of Service.

12. Governing Law and Jurisdiction

These Terms of Service, including the Privacy Policy incorporated herein, are to be construed in accordance with the laws of the State of California. In the event of any dispute or claim associated with these Terms of Service (including the Privacy Policy), that dispute or claim shall be subject to the exclusive jurisdiction of the federal courts within the State of California.

13. Entire Agreement

These Terms of Service (including the Privacy Policy) constitute our entire agreement with you regarding the Services.