Apr 10, 2008 - by Micha

disclaimer

General Terms and Conditions (Date: April 25th, 2009)

Preamble

Iplantatree is an Internet-platform (hereinafter referred to as "IPAT"), which enables its Members to upload data and images of tree plantings (hereinafter referred to as "Plantings") - into a database and to show these Plantings to the public.
The Members are planters, which can be individuals or legal entities and associations as well as companies who register with IPAT and upload Plantings and related data into the database (hereinafter referred to as "Members").
IPAT offers the opportunity to support IPAT projects with donations.
The name Iplantatree and the Logo is a protected brand under German law, owned by Wald 1.1 gemeinnuetzige GmbH, Halle/Saale, Germany. Unauthorized usage will be prosecuted.

1. Scope of Application

The General Terms and Conditions of Use hereinafter regulate the conditions under which the Members may use IPAT. Upon registration with IPAT, you expressly approve of these terms, and acknowledge to have read and understood the General Terms and Conditions.


2. Retention of Right to Modifications

IPAT shall have the right to modify the contents of these Terms and Conditions without prior notice. IPAT shall inform the Members of a modification of the Terms and Conditions of Use via e-mail to the address stipulated by the Member.
Modifications of the General Terms and Conditions of Use shall be deemed to have been approved of if the Member does not object to the modification within one month from receipt of the modification notification, nor terminates the contract within this period of time.
Should the Member object to a modification of the Terms and Conditions of Use, IPAT shall have the right to terminate the membership extraordinarily.

3. Provider

The Internet platform under the domains:

www.iplantatree.org /.de /.com is operated by

Wald 1.1 gemeinnützige GmbH
Rathenauplatz 2
06114 Halle
Germany
as a service provider in compliance with Section 2 TMG (Telemediengesetz - German Act on Telemedia).

4. Registration

In order to use IPAT, the Member will have to register and open a member's account. Features available without registration are the search and display of the Plantings placed on IPAT and the view of comments on the plantings, the use of the CO2-calculator and the consumption of the News-section. Without registration, IPAT also offers the opportunity to donate anonymously on specific project areas.
In order to upload Plantings to be registered in our league tables, or to comment on Plantings as well as being able to use the full bandwidth of functionalities, you first need to register with IPAT.
The Member is obligated to truthfully and correctly fill in the boxes in the registration form. Successful registration is only possible if the obligatory boxes have been truthfully and correctly completed. The Member is obligated to immediately update any changes that occur after registration in the Member's account.
Upon registration, the Member defines a user name and a password for his/her login to IPAT (hereinafter referred to as "Login Data"). User names violating third-party rights, in particular trademark rights or name rights, are not admissible. Illegal and immoral user names are not admissible either.
Members shall be obligated to keep the Login Data secret and store them in such a way as to protect them against access by unauthorized third parties. If a Member loses the Login Data, or if he/she finds out or suspects that his/her Login Data may be being used by a third person, he/she shall immediately inform IPAT thereof. IPAT shall not accept any liability for damages caused by Login Data falling into third-party hands. IPAT will never ask for your password.
Upon sending the data in the registration form, the Member submits an offer to IPAT for the conclusion of a utilization contract for the Internet platform.
IPAT reserves the right to refuse registration of a Member without having to state reasons for the refusal.
As soon as IPAT accepts the Member's offer for registration, the Member will receive a confirmation e-mail containing the registration data and an activation link.
Upon receipt of this confirmation e-mail, the user contract for the Internet platform is concluded between IPAT and the Member.

5. Members guarantee and liability

By uploading pictures of Plantings, the Member guarantees towards IPAT that he/she is authorized to do so, and that he/she is in possession of all rights & licenses of the Plantings, pictures and information, which he/she is uploading.
The Member also guarantees towards IPAT that the Plantings and information he/she makes available on IPAT do not violate any copyrights, trademark rights, privacy rights, publicity rights or other third-party rights, and that they do not offend or disrepute any third parties.
Furthermore, the Member grants Wald 1.1 gemeinnützige GmbH a non-exclusive, non-transferrable license, without restrictions as to time and place, for the utilization of the uploaded Plantings, pictures and descriptions of these Plantings for the operation of the platform IPAT. The Member in particular grants the right to use the Plantings for publication in/on other media and to make them publicly accessible on IPAT.
To the extent to which the uploaded pictures of Plantings contain images of persons or groups of persons, the Member guarantees that he/she has obtained a valid and legally binding release declaration with regard to the utilization of the image.
To the extent to which the pictures of Plantings show third-party property, the Member guarantees that - if this is required by law - he/she has obtained a valid and legally binding release declaration with regard to the presentation of this property from the holder of the corresponding rights.
The Member indemnifies and holds IPAT harmless from any claims by third parties, including costs of legal action, which may have been incurred due to the culpable violation of the terms and conditions hereunder and the above granting of rights.

6. IPAT does not grant any rights

IPAT as the service provider pursuant to section 2 Telemediengesetz (TMG) only makes the Internet platform itself available for utilization by its Members.
IPAT therefore does not grant any utilization rights or licenses to the Plantings uploaded into the database by the Members.

7. Projects and donations

IPAT is acquiring donations for tree plantings on the platform. Depending on the project, the trees can be planted on acreages by planting partners (forestry services, tree nurseries), by IPAT and its staff or in a common planting event with Members. The trees will under no circumstances be delivered to the donor. The trees will be directly planted on the selected project acreage by the professional planting service. The responsible forestry administration for the region will preemptively determine what trees in what numbers will be planted on the selected project area.  IPAT will not have an influence on this decision.
IPAT offers its Members the possibility to assemble a selection for certain trees on a certain project area in a virtual shopping cart (hereinafter referred to as "Planting Cart"). The Members can put trees virtually in their Planting Cart and donate these trees afterwards.  Thereby the Members decide for their donation what kind and how many trees they want to donate to a certain area/ project. As soon as the project is fully planted, no more trees can be donated to this special acreage.
Donations are forwarded to the planting services, which plant the trees, do the fencing and take over the care for the seedlings in their first couple of years. IPAT retains a margin of each donation for running the platform and the acquisition of new projects.
IPAT does not provide any guarantee of the availability of trees or projects. No Member has the exclusive right to plant on a certain project a certain amount of trees.
IPAT reserves the right to refuse a donation of a Member without having to state reasons for the refusal.
Furthermore, IPAT does not provide any guarantee that the planted trees take root in the ground. Such guarantees, if any exist, will be granted by the planting services or tree nurseries, which plant the trees to IPAT. The terms and conditions may vary according to the project, the acreage and the region.  
Donors can withdraw their donation with in six weeks. The withdrawal must be sent in written form. IPAT commits itself to document the projects and their progress. Errors and omissions excepted.
 
8. Prohibited types of utilization

IPAT must only be used for legal purposes.
It is prohibited to use IPAT to disseminate defamatory, pornographic or other illegal material, to threaten or harass third parties or to violate third-party rights (including personality rights).
It is furthermore prohibited to use IPAT in a way, which impairs the availability of the platform or other IPAT services.
The Members are responsible to ensure that Plantings placed by them and the comments written by them are free of viruses, worms, Trojans or other damaging programs, which may endanger or impair the functionality or the inventory of IPAT, or of the Members' websites.
It is prohibited to publish Plantings, images or comments or other content of the following kind on IPAT:

  • content which may violate third-party rights, in particular third-party copyrights, performing rights, name and trademark rights, design rights, property rights and personality rights;
  • Pornographic, obscene, sexist, defamatory, libelous or racist presentations, or presentations offending minorities or religious groups;
  • Discrimination, defamation or insults;
  • False allegations;
  • Abusive criticism, libel, speculations or slander;
  • Vilification of the person(s) shown;
  • Political content or advertising for political parties;
  • Calls for boycotts or deletion requests of any kind;
  • Members' private data (e.g. address, telephone number, bank details);
  • Quotes from private e-mails/text messages from other Members, IPAT or third parties (privacy of mail);
  • Links to internet sites with illegal content;
  • Unauthorized communication measures, neither direct nor indirect (e.g. spamming);
  • Advertising


9. Deletion of Plantings and comments

IPAT reserves the right to delete Plantings and comments without providing specific reasons for this deletion.
A right to place or maintain uploaded Plantings or comments on IPAT is not guaranteed.

10. Members liability

Should third parties assert claims against IPAT due to a culpable violation of the Member's obligations, in particular due to violations of copyrights, personality rights, property rights or industrial property rights, the Member shall indemnify and hold IPAT harmless from any liability and costs, including the costs of legal proceedings.

11. IPAT's liability

IPAT shall have the right, but not the obligation, to editorially examine any Plantings or comments placed. We would like to expressly state that IPAT, due to the quantity of the Plantings and comments placed, neither has the technical nor the personnel capacity to examine all Plantings and comments for infringements of third-party rights.
The Member shall be exclusively responsible for the lawfulness of the Plantings and comments. Any liability by IPAT in this context is hereby explicitly excluded. IPAT shall be only liable in case of a gross negligence of its personnel.

12. Freeze of access for Members

In the case of a violation of the present Terms and Conditions of Use, IPAT shall have the right to freeze the Member's access to IPAT or parts thereof with immediate effect. The affected Member is prohibited from re-registering under a different user profile or using IPAT in any other way. IPAT reserves the right to initiate measures under criminal law and to assert claims (in particular for damages) against the Member.

13. Termination

Membership with IPAT may be terminated by the Member or by IPAT at any time, without the necessity to state reasons for the termination, by means of termination of the utilization contract, which is not subject to a termination period.

14. Database rights

The Plantings and comments accessible on IPAT as a whole constitute a copyrighted database. It is prohibited to completely or partially take over or edit the structure of this database without IPAT's consent.

15. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

16. Availability of the website

IPAT can not guarantee that our website or any other website with a link to its website will be free from viruses or that uninterrupted access will be available. Access is offered only on an "as is" basis and IPAT may make any online access unavailable without any notice.

17. External Links

There are web sites linked to and from this site that are operated or created by or for individuals, organizations, and commercial enterprises outside of IPAT. Those individuals, organizations, and commercial enterprises are solely responsible for the operation and information (including the right to display such information) found on their respective web sites. The linking to or from this site does not imply on the part of IPAT any endorsement or guarantee of any of the individuals, organizations, or commercial enterprises, or information (including the right to display such information) found on their respective web sites.
IPAT does not assume and is not responsible for any liability whatsoever for the linking of any of these linked web sites, the operation or content (including the right to display such information) of any of the linked web sites, nor for any of the information, interpretation, comments, or opinions expressed in any of the linked web sites. Any comments or inquiries regarding the linked web sites are to be directed to the particular individuals, organizations, or commercial enterprises for whom the particular web site is being operated.

18. Final provisions

This contract is governed by the material law of the Federal Republic of Germany exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. In transactions with businesses, legal entities under public law, or special funds under public law, Halle/Saale, Germany shall be the exclusive place of jurisdiction. IPAT reserves the right to file action at a Member's general place of jurisdiction.
Should any provision of this contract be or become invalid and/or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable clause shall be deemed to be replaced by a valid and enforceable clause which comes as close as possible to the economic purpose intended with the invalid or unenforceable provision. This shall apply mutatis mutandis in case of any incompleteness of this contract.


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