Effective Date: March 23, 2022
Welcome to TreePoetry.org and the Tree Poetry App, a multiplayer game to cooperatively create poetry by arranging verses as branches in a tree. TreePoetry.org and the Tree Poetry App are for your personal use and shall not be used for commercial endeavors, unless otherwise endorsed or approved by same.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE AND/OR APP. THROUGH YOUR USE OF THE WEBSITE AND/OR APP, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE AND APP.
TREE POETRY RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT TREE POETRY MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE AFTER A CHANGE IN ITS EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.
The Tree Poetry App and the treepoetry.org Website contain potentially suggestive content and may only be used or accessed by individuals age thirteen (13) or over. You warrant that you are age thirteen (13) or over, that you are of sound mind and competent to agree to the terms of this Agreement, and that your use of the Website and/or App does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If you are accessing the Website or App on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent of said organization or entity and that you have the authority to bind said organization or entity to the terms of this Agreement.
You understand that the Website and App provide content and services that may be suggestive in nature. By using the Website or App, you warrant that you are aware of the nature of the potential content displayed on the Website or App, that you access the Website or App on your own volition, and that the Website or App does not constitute obscenity pursuant to the contemporary community standards of your jurisdiction.
- Ownership of Content and Intellectual Property
Tree Poetry is the owner of all rights in, and to, the App, Website, and their associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The App, Website, and their associated content are subject to copyright and other intellectual property rights under the law of the United States, foreign states, and international treaties, and Tree Poetry provides you with the right to use the App, Website, and their associated content on a limited basis. You are expressly prohibited from using the App, Website, and their associated content for any purposes not stated in this Agreement or with the associated content.
Tree Poetry hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the App, Website, and their associated content for their customary and intended purposes. Use of the App, Website, and their associated content for a use outside of their customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Tree Poetry.
You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the App, Website, and their associated content, whether in whole or in part, without the prior written consent of Tree Poetry or if you are the original creator of the content. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Tree Poetry’s robots.txt file.
Tree Poetry is the owner of the TREE POETRY mark, which is a registered or common law trademark, design mark, and trade name. Tree Poetry is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the App, Website, and their associated content, which constitutes the trade dress of Tree Poetry. You are prohibited from using Tree Poetry’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a Website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services.
All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the App and Website are the property of their respective owners.
- User-Generated Content
Tree Poetry may provide you with the ability to upload or transmit user-generated content to or through the App, Website, and their associated content, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively "User-Generated Content"). Except as otherwise provided herein, you warrant that you own all rights in and to your User-Generated Content.
By submitting User Generated Content to the Website, you grant Tree Poetry a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the App and Website. These purposes may include, but are not limited to, providing you or third parties with the App, Website or its associated services and archiving or making backups of the App and Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the App and Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted. By submitting User-Generated Content to the Website or App, you may be conveying your copyright you may have held of the User-Generated Content to Tree Poetry. For further clarification on copyright assignment, please see Section 8 of this Agreement.
You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
Communications in the chat room or public areas of the App and Website are not private. You acknowledge and agree that all messages or content posted by you or others in any chat rooms or public areas which may be provided on the App and Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the App and Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this App and Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
Tree Poetry assumes no responsibility for the conduct of any User submitting any User Content, and assumes no responsibility for monitoring the App and Website for inappropriate content or conduct. Although we attempt to monitor all User Content, we simply cannot monitor everything posted. Your use of the Tree Poetry is, therefore at your own risk. By using Tree Poetry, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with Tree Poetry. At our discretion, our representatives or technology may monitor and/or record your interaction with Tree Poetry or communications (including without limitation chat text) when you are using Tree Poetry. We may, at our sole discretion, remove User-Generated Content if it is deemed inappropriate. Users are not given notice of their content removal, but may appeal their decision by contacting us.
Tree Poetry may now or in the future include various forums, blogs and chat features where you can post User Content. Tree Poetry cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Tree Poetry Website or App. Tree Poetry shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
All content submitted to Website must be moderator approved so there may be time before the content goes live but once it is, then the User can delete their uploaded content at any time.
- Registered Accounts
In order to obtain access to additional features or areas of the App and Website, you may be required to register an account ("Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Tree Poetry with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Tree Poetry. By creating an Account, you agree that Tree Poetry may contact you by any available means, including, but not limited to, by email.
Tree Poetry reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.
- Authorization and Permission to Communicate With You
You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to you from Tree Poetry and from Website affiliates, Website Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter.
At any time, you may opt out of future e-mailings and cancel your receipt of e-mails from Tree Poetry by clicking the unsubscribe link at the e-mail advertisement sent to You by Tree Poetry.
- Copyright and Licenses
Users warrant that any User-Generated Content uploaded or transmitted through Tree Poetry are owned by the user or have the appropriate rights to use in such a manner. The copyright of the User-Generated Content uploaded by users is retained by the users, unless Tree Poetry selects the User-Generated Content to be used for NFT minting purposes for the creation of Full Ownership NFTs, as defined in Section 9 below. Users acknowledge and accept that by submitting User-Generated Content to the Tre Poetry, Users may be conveying such rights to Tree Poetry. By offering User-Generated Content through the App, Website, and their associated content, users grant Tree Poetry a limited, non-exclusive, worldwide, perpetual, sublicensable, assignable, non-revocable, and royalty-free license to reproduce, prepare derivative works of, distribute copies of, perform publicly, display publicly, and transmit by means of a digital audio transmission the User-Generated Content for the customary and intended purposes of the App, Website, and their associated content, including, but not limited to, for the access and viewing of the content by third party members and for the use of creation of NFTs, see Section 9 below. Users warrant that their content will not: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.
By uploading or transmitting User-Generated Content, Users may expressly waive their rights to publicity and privacy with respect to the content and further assign all copyrights Users may have had in their User-Generated Content to Tree Poetry, as defined in Section 9 below. Tree Poetry will provide users with the ability to limit the scope of the license granted to a third-party members, and content-providers are advised to take advantage of this ability to ensure that the license granted to other members conforms to uploading user’s desires and expectations.
- NFT Services
Tree Poetry may create Non-Fungible Tokens (“NFT” or “NFTs”) from User-Generated Content. Tree Poetry shall have two distinct types of NFTs: “Postcard NFT” and “Full Ownership NFT.” Postcard NFT and Full Ownership NFT will be referred to as NFT or NFTs collectively.
Postcard NFTs, as the name suggests, are NFTs containing licensed copyrights from User-Generated Content, minted by Tree Poetry, and likely sold to third parties or other User. Users understand and hereby grant third party owners of Postcard NFTs a non-exclusive license to display any User-Generated Content copyright in the Postcard NFT. Postcard NFTs do not contain or transfer any copyright interest, and as a result, owners of Postcard NFTs only have the rights to display their Postcard NFT or sell their Postcard NFT and their display license rights to another third-party. Postcard NFTs do not contain the copyright assignment, and any commercial use of the Postcard NFT is in violation of copyright laws. Parties or Users who own Postcard NFTs may only use them for the purposes defined in this section.
Full Ownership NFTs, conversely, do contain the full copyright assignment from the original User. Full Ownership NFTs require Users to assign their full copyright interest to Tree Poetry, who then assigns their copyright interest to the purchasing party of the Full Ownership NFT. Third-party recipients of Full Ownership NFTs created by Tree Poetry shall have the right to copyright said Full Ownership NFT with the United States Copyright Office. If Tree Poetry, or a prior creator of the Full Ownership NFT, has already registered the Copyright, then Poet Tree shall convey and assign that copyright to the third-party recipient.
Tree Poetry’s creation, minting, establishing, or otherwise generating of NFTs is done so at Tree Poetry’s exclusive discretion. Postcard NFTs created from User-Generated Content will not require the User’s permission prior to creation. Full Ownership NFts created from User-Generated Content will require the User’s consent and permission prior to Tree Poetry minting the Full Ownership NFT. Users hereby grant, license, or otherwise allow Tree Poetry to create Postcard NFTs based on their User-Generated Content.
NFTs created by Tree Poetry may be grants, gift, conveyed, or otherwise transferred to third parties. If Tree Poetry grants, gifts, conveys, or otherwise transfers an NFT, the recipient agrees and acknowledges that Tree Poetry shall not be responsible for any claims of action against the recipient by being the NFT holder. Specifically, Tree Poetry shall not be held liable for claims of copyright infringement against third-party recipients of NFTs granted, gifted, conveyed, or otherwise transferred to third-party recipients. All recipients of NFTs from Tree Poetry agree and understand that they are receiving the NFT at their own risk, and Tree Poetry makes no warranties or guarantees as to the legal right of the NFT or the contents within the NFT.
Tree Poetry may also desire to convey the proceeds from an NFT created by Tree Poetry to third-party non-profit, charitable organizations. By gifting proceeds or royalties to the NFT to these third-party recipients, the third-party recipient acknowledges that they have no rights or interest in the NFT. Further, third-party recipients understand that they do not have the rights to the proceeds or royalties from NFT, but rather Tree Poetry is gifting each payment to said third-party recipient.
Tree Poetry will make its best efforts to verify NFTs generated from User-Generated Content are free and clear of any copyright infringement claims, or similar intellectual property claims. Tree Poetry relies on the User’s warranty that their submitted User-Generated Content is free and clear of all encumbrances, specifically their User-Generated Content is free of copyright infringement claims by third parties.
Tree Poetry may offer internal currency for use of Tree Poetry services, generally called “Tokens.” Tokens have no real-life value and may only be exchanged within the Website or the App. Tree Poetry reserves its discretion in valuing the Tokens, assessing the number of Tokens each User maintains, or the transfer or spending of the Tokens by the Users. Users may accumulate an indefinite number of Tokens; however, Tree Poetry reserves the right to determine how and when the Tokens may be spent.
Tree Poetry reserves the right to determine the use and exchange of Tokens. In general, Tree Poetry may allow Users to spend their Tokens for services relating to the minting and transfer of NFTs, as described in Section 9 of this Agreement. Further, Tree Poetry may allow Users to donate their Tokens or related Token-spending services to benefit a charity or organization of their choice. Any spending of Tokens is permanent. Users may not get a refund for their spent Tokens, nor do beneficiaries of Token gifting have any obligation to return said Tokens.
Tree Poetry is not liable for any loss of Tokens, in either its Website/App value or monetary equivalent. Users understand and agree that the use of and exchange of Tokens is on an “as is” basis and Tree Poetry may not be liable for any loss of Tokens or the loss of the functionality of the Tokens.
- Copyright Policy and DMCA Notices
If you believe that a user of Tree Poetry has infringed upon your copyright rights, you may provide Tree Poetry a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, Tree Poetry will remove the allegedly infringing content.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the App, Website, or associated content;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are the App, Website, or associated content user that believes that deleted content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. If your content was moderator approved and posted on site but was then removed it is because someone said it was a copyright issue. If you disagree then they can submit their counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to Tree Poetry at Poet@TreePoetry.org.
Users agree to hold harmless, defend, and indemnify Tree Poetry from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of User-Generated Content; (3) the violation of any term or condition of this Agreement; (4) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Users’ obligation to defend Tree Poetry will not provide Users with the ability or right to control Tree Poetry’s defense, and Tree Poetry reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.
- Control of Operations
Tree Poetry reserves the right to accept, reject, modify, suspend, or delete any User or User-Generated Content at any time and within its sole and absolute discretion.
Tree Poetry reserves the right to modify or discontinue the App, Website or any of its associated content or services at any time, without notice, and in its sole and absolute discretion.
- Tree Poetry as Service Provider
You understand and agree that Tree Poetry provides App, Website, and their associated content services, takes no responsibility, and cannot be held liable or responsible for any communication or conduct entered into by or between users of the App and/or Website, whether through Accounts or otherwise. Tree Poetry makes no representations or warranties as to the truth or falsity of the description of any user’s communication or representations, the legality, quality, or safety of the services offered through the App, Website and/or user, or the qualifications associated with any Account, Product, or service, including, but not limited to, warranties of title or non-infringement.
Although Tree Poetry undertakes commercially reasonable efforts to verify the identity of its Account owners, and users, you understand and agree that Tree Poetry cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney's fees arising out of or related to any user's, Account owner's, or third party's failure to: (1) truthfully or accurately disclose their identity or their qualities or qualifications of any product, or services, offered by them; (2) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.
You acknowledge and agree that Tree Poetry is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Tree Poetry may edit, remove, or control the content displayed through the App and Website, you agree that Tree Poetry will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the App, Website, and their associated content or otherwise.
- Acceptable Uses
You agree that you will not use the App, Website, and their associated content to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the App, Website, and their associated content.
Specifically, you are prohibited from:
- Transmitting unsolicited commercial messages through the App, Website, and their associated content or to users of the App or Website;
- Imposing a disproportionate load on the App, Website or its server infrastructure or otherwise attempting to interfere with the operation of the App or Website by use of any of the following;
- cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Tree Poetry or any Tree Poetry experience or without Tree Poetry’s express written consent, modify or cause to be modified any files that are a part of Poet Tree Poetry
- Circumventing Tree Poetry’s technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the App or Website in an effort to do any of the following;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Tree Poetry, or to obtain any information from Tree Poetry using any method not expressly permitted by Tree Poetry.
- Attempting to gain access to the private data or personal information of a user of the App or Website or a third party;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the App or Website or third parties;
- Harassing a user of the App or Website;
- Harassing a third party through your use of the App or Website;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights of other users of the App or Website or third parties or making available through the App or Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Poet Tree Poetry employee.
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Posting or transmitting any content in violation of 18 U.S.C. § 2257;
- Posting any communication or User-Generated Content that contains or consists of the following:
- Images, whether moving or static, containing an individual, whether real or simulated, under the age of eighteen (18); or
- Textual references, including in promotional materials or advertisements, to (a) and (b) above.
Tree Poetry is a service provider granting users access to the App and Website and to each other’s shared User-Generated Content upon their registering an Account and then accepting these Terms upon 1st use of the app. “Seeds” are purchased in App as in App purchases and “Seeds” are purchased on Website as website ads. Ads may be bought on Website but will expire after set amount of time. Poet Tree Poetry reserves the right to modify the fees charged to its Users and accountholders at any time and in its sole and absolute discretion. All payments for services, products, entertainment, or otherwise, offered through the App and Website are non-refundable. You hereby authorize Tree Poetry’s payment processing agent to charge your credit card (or other approved payment facility) for all approved charges. You further agree to pay all fees and charges on time, and Tree Poetry may terminate or disable your access to the App, Website or your Account if you fail to pay any amount owing to Tree Poetry when due. You agree that you will pay all costs of collection, including legal fees, incurred by Tree Poetry.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the App, Website, and their associated content. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that Tree Poetry is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or Tree Poetry's payment processor. You agree that you will not initiate any chargebacks to Tree Poetry unless otherwise authorized by Tree Poetry in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Tree Poetry.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Poet Tree Poetry within ten (10) days of any such dispute. You understand that your failure to notify Poet Tree Poetry of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
- Third Party Links
- Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your subscription by notifying Tree Poetry at Poet@TreePoetryPoetry.org in a signed writing stating your intent to terminate. Tree Poetry may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
- Disclaimer of Warranties
TREE POETRY PROVIDES THE APP, WEBSITE AND ASSOCIATED CONTENT ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
- Limitation of Liability
TREE POETRY WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNATIVE DAMAGES, EVEN IF POET TREE POETRY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
TREE POETRY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE APP, WEBSITE AND ASSOCIATED CONTENT, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. TREE POETRY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. TREE POETRY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AND APP AT ANY TIME AND WITHOUT LIABILITY.
You agree to hold harmless, indemnify, and defend Tree Poetry, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the App, Website and associated content, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Tree Poetry under the terms of this Agreement will not provide you with the right to control Tree Poetry's defense, and Tree Poetry reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Tree Poetry.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Tree Poetry may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website or App.
- Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of State of New York without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Tree Poetry will be exclusively resolved through arbitration.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT OR YOUR USE OF THE POET TREE POETRY SOFTWARE, WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF NET-ARB. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY NET-ARB WITHIN THE STATE OF NEW YORK. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS' FEES TO THE PREVAILING PARTY.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and App and their associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Tree Poetry.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
- Limitation on Actions
TREE POETRY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
- Americans with Disabilities Act Accessibility Policy
We are happy to accommodate Users with special needs or requirements. Poet Tree Poetry is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and products. In designing the website, Poet Tree Poetry makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact Poet Tree Poetry at Poet@TreePoetry.org.
- Reservation of Rights
All rights not expressly granted herein are reserved to Tree Poetry.
What do you collect from me?
We may collect the following personal information from you:
- Any information that you voluntarily submit to the Website;
- Your user name, name, email address, date of birth, gender, phone number, state, city, country, or zip code;
- Your payment information, which is used to complete a transaction;
- Proof of a government photo identification card;
- Biographical information;
- Links to other websites that you own; and
- Links to your social networking profile.
We may also collect the following personally identifiable information from you:
- Your IP address;
- Your geolocation;
- Your use of the Website;
- Information stored in cookies, pixel tags, or web beacons; and
- Any other additional analytics data that you voluntarily submit to the Website.
How do you use this information?
We use this personal and personally identifiable information to:
- Provide you with the Website and its services;
- To communicate with you;
- To troubleshoot problems with the Website;
- To complete a transaction that you have initiated;
- To update you on changes to the Website; and
- To update you on our services or the services of third parties.
How do you store this information?
Tree Poetry stores and processes your personal and personally identifiable information on computers located within the United States. By using the Website, you agree to the collection and processing of your personal and personally identifiable information in the United States and hereby expressly waive any rights that you may have under the EU Data Protection Directive.
We use commercially standard technology to help protect against the unauthorized disclosure of your personal and personally identifiable information, including encryption. Though we do our best to protect your personal and personally identifiable information, you provide all such information at your own risk.
Do you share my information with third parties?
Tree Poetry will only share your personal or personally identifiable information with third parties in the following situations:
- Where Tree Poetry has obtained your consent;
- Where it is necessary to provide you with services initiated at your request;
- Where it is necessary to share such information with Poet Tree’s parents, subsidiaries, successors, and assigns;
- Where Tree Poetry has been purchased by or has purchased a third party;
- Where it is needed to respond to information requests by government authorities;
- Where it is demanded by a court order or subpoena;
- Where it is needed to protect the employees, independent contractors, users, members, officers, directors, or shareholders of Tree Poetry; and
- Where it is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
Any personal or personally identifiable information that you include within your Website profile or elsewhere on the Website may also be displayed to third parties. You are advised to review that information before you submit it to the Website.
What can I do to stop the collection of my personal or personally identifiable information?
You can cease Tree Poetry’s collection of your personal and personally identifiable information by taking the following steps:
- By adjusting your web browser settings to block or limit cookies, pixel tags, and web beacons;
What are my duties when using the Website?
You have the duty to:
- Inform Tree Poetry of any changes to your personal or personally identifiable information; and
- Protect the security of your username, password, and personal or personally identifiable information.
Your California Privacy Rights
California residents have the right to receive information that identifies any third party companies or individuals that Tree Poetry has shared your personal or personally identifiable information with in the previous calendar year, as well as a description of the categories of personal or personally identifiable information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Tree Poetry at Poet@TreePoetry.org.
How can I contact you if I have questions?