transparentrees

Terms of Service

Last updated October 29, 2014 (we updated our mailing address)

Transparentree's products and services are provided by Transparentrees, LLC, a Delaware limited liability company (Transparentrees, LLC, together with any of its agents, consultants, employees, officers and directors, "Transparentrees," "we," or "us"). These Terms of Service ("Terms,") govern your access to and use of www.transparentrees.com, and all products, information and services in connection therewith ("Products"). By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy (Terms and Privacy Policy collectively referred to herein as the "Agreement"). If you do not agree to the Terms, you are not permitted to use the Products. By using the Products, you also agree to our Privacy Policy and it is incorporated herein by reference.

Products Eligibility

You must be at least eighteen (18) years old in order to use the Products. If applicable law requires that you are older than eighteen (18) years old, then you must be at least such age.

Use

We grant you a limited, non-exclusive, non-assignable, revocable license to use the Products in accordance with this Agreement, and further provided, that you agree Not To Do any of the following in connection with such use:

  1. Create multiple usernames for the purposes of affecting contributions;
  2. Scrape, spider, crawl, or their technological equivalents;
  3. Reverse engineer, copy any portion, modify or attempt to derive any code located at transparentrees.com;
  4. Reformat or frame any portion of the transparentrees.com;
  5. Access non-public areas of the Products or test any system or attempt to circumvent any security of transparentrees.com;
  6. Access the Products other than via a publicly available web browser, or through automated and/or programmatic means;
  7. Post inaccurate, inappropriate, unlawful (including information you do not have the right to contribute, such as proprietary or confidential information or information that infringes upon patents, trademarks, trade secrets, or copyrights), libelous, abusive, obscene, sexually explicit, or discriminatory information;
  8. Contribute information into text fields that are designed to display types of information other than what you contributed;
  9. Repeatedly publicly harass or abuse any person or entity (contributing accurate and transparent information once is all you should do);
  10. Upload photos that are not a likeness or public persona equivalent of the organization or person in question or that you do not have the legal right to upload;
  11. Manually take information from transparentrees.com and transfer it somewhere else for commercial purposes unless your primary occupation is that of a journalist and in that case you're using the minimum information required for purposes of public examination;
  12. Write a program to transfer information from the Products to somewhere else;
  13. Infringe upon Transparentree's intellectual property rights;
  14. Choose a username that impersonates another person or entity (Parody, criticism, or other fair use of names not your own are allowed provided that they also clearly eliminate the possibility of someone else confusing your username as the username of another real person or entity);
  15. Break any applicable laws;
  16. Share your username and password with others.

You are responsible for any use associated with your login credentials.

Content

Transparentrees allows you to post information to transparentrees.com specifically for the purpose of fulfilling your desire to share your contributions with others and place them in the public domain. By contributing on transparentrees.com you agree to share your contributions with others and such others may have copied or re-shared your contributions, and you agree we have no obligations with respect to removing or retrieving such. You grant Transparentrees and other users of the Products a perpetual, nonexclusive, irrevocable, worldwide, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to Transparentrees to copy, prepare derivative works of, distribute, publish, remove, retain, add, process, analyze, transfer, use and commercialize, in any way now known or in the future discovered, any information you provide to Transparentrees. Transparentrees is under no obligation to display your contributions and we may remove them at any time for no reason and any information you submit is at your own risk of loss. If you choose to submit information to us, you agree that we are free to use such in our sole discretion and without compensation to you. We do not waive any rights to use information previously known to us. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

Termination

We may terminate this Agreement by providing notice to the email address associated with your account and we are under no obligation to make any additional efforts to contact you. You may terminate this Agreement by providing notice to questions@transparentrees.com clearly informing us of your desire to terminate this Agreement and close your account (your "Termination Notice"). We reserve the right to reasonably interpret any unclear messages sent to questions@transparentrees.com as your intent to close your account. You agree that we reserve the right to request a further confirmation from you in order to verify the authenticity of your Termination Notice and close your account, in our sole discretion, and we may or may not close your account in the absence of such further confirmation from you. We may also terminate or pause your account at any time, without prior notice or liability, for any reason or no reason, including but not limited to, because of your breach of this Agreement. We have a policy of permanently banning users who repeatedly violate the United States Copyright Act.

Remember that your username and its associated contributions will not be deleted from transparentrees.com following an account closure, and a Termination Notice does not in any way affect any rights you have bestowed upon us or others prior to such closure. Obligations and rights contained in this Agreement which by their nature should survive termination of this Agreement shall survive termination. Such obligations and rights may include, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Your obligations arising or accruing under this Agreement prior to any termination shall survive any such termination.

Disclaimer

Do not rely on the Products; they are provided "as is” and on an "as available” basis and your use of the Products is at your own risk. The Products may be temporarily or permanently interrupted, or change, and we disclaim any and all liability resulting from such. To the fullest extent permissible under applicable law, and without intention to limit any rights you may have which may not be lawfully disclaimed, Transparentrees disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement.

We neither warrant nor represent that your use of the Products will not infringe the rights of third parties. Transparentrees does not have any obligation to verify the identity of the persons subscribing to the Products nor monitor them, though we have a policy of banning repeat infringers of copyright law. We do not control user generated content and you may be exposed to content that is offensive, indecent or otherwise objectionable. We make no warranties or representations with respect to the Products. No advice or information obtained from representatives or employees of Transparentrees creates any warranty not expressly made herein. Transparentrees disclaims any misuse of your identity or information by others.

Limitation of Liability

To the maximum extent permitted by law, and without intention to limit any rights you may have which may not be lawfully limited, Transparentrees and its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors, shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Products; (b) any conduct or content of any third party in connection with the Products, including without limitation, any discriminatory, defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access to or use of your contributions or content. In no event shall Transparentree's aggregate liability to you for all claims relating to the Products exceed one hundred U.S. dollars (U.S. $100.00). This limitation of liability is part of the basis of the bargain between Transparentrees and its users and without it the terms of this Agreement would be different.

Governing Law and Jurisdiction

You agree to contact Transparentrees in the manner described herein before initiating any legal or arbitration proceedings, in a good faith attempt to resolve any issues you may have. Please note that you must follow specific communication procedures relating to matters of copyright and/or other intellectual property rights (see below). This Agreement shall be governed by the laws of the State of Illinois, United States, without respect to any conflict of laws principles and the United Nations Convention for the International Sale of Goods, and regardless of your country of origin or where you access the Products from. We each agree to submit to the personal jurisdiction of a state or federal court located in Cook County, Illinois. You agree not to be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Products. You agree that your sole and exclusive right and remedy, in any case of dissatisfaction with the Products, shall be to provide us with a Termination Notice and close your account as described hereinabove.

Miscellaneous

This Agreement, as may be modified by us, constitutes the entire and exclusive agreement between you and Transparentrees. You agree that we reserve the right to modify this Agreement in our sole discretion and notify you on transparentrees.com or via email communication and your continued use of the Products shall indicate your affirmation of such. Our failure to act with respect to a breach of this Agreement does not waive our rights under this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be modified or eliminated as necessary to effect the intention of the provision and the remainder of this Agreement shall otherwise remain valid and enforceable.

You may not assign, transfer or delegate any aspect of this Agreement. We may assign this Agreement in whole or in part at any time without your consent. We may also substitute by unilateral novation Transparentrees, LLC for a different entity by posting notice to transparentrees.com. We may send you notice under this Agreement via the email address you have provided to us. You may send notice or contact us as specified herein, depending on the content of your transmission. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Transparentrees, Transparentrees.com, our trademarks or service marks, and all related items, including any and all of our information found at transparentrees.com.

Complaints Regarding Content on Transparentrees.com

Copyright

The following are procedures for our receipt of written notification of claimed infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA). We have a policy of permanently banning users that repeatedly infringe the intellectual property rights of others. Any notice or counter-notice submitted must be truthful under penalty of perjury. False notices may give rise to your personal liability. You agree that any failure on your part to properly and precisely submit DMCA Notices and/or Counter-Notices, under the law and as described herein, shall alleviate us of any liability that may result from our actions in response to such DMCA Notices and/or Counter-Notices.

Once a proper notice has been given, we will take steps to remove or disable access to the material in question, and we will notify the contributor of alleged infringing material that it has been removed or disabled. If we receive a Counter-Notice in response to your notice (see below), we will notify you. If you do not bring a lawsuit in district court within 14 days of such Counter-Notice, we may restore the material in question to its location on our network.

DMCA Notices

A written notification must contain:

  1. Your name, telephone number, physical mailing address, and e-mail address;
  2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  3. A sufficient description to identify the copyrighted work that you claim has been infringed;
  4. A description specifying the location on transparentrees.com of the material that you claim is infringing (the URL is helpful information);
  5. A statement by you, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please provide a written notice to our Copyright Agent at questions@transparentrees.com, or by physical mail at:

Transparentrees, LLC
Attn: Copyright Agent
1871: Transparentrees
222 Merchandise Mart Plaza, Suite 1212
Chicago, Illinois 60654
United States

Counter-Notices

If we receive a notice pursuant to the DMCA as described above, after we remove or disable access to the material in question, we will notify the user responsible for the contribution that we have removed or disabled such. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice to us, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and if you choose to submit such (properly), we will notify the original claiming party of your Counter-Notice. A written Counter-Notice must contain:

  1. Your physical or electronic signature;
  2. Identification of the material removed or to which access has been disabled, and its location before such removal/disablement;
  3. A statement under penalty of perjury that you believe that removal or disablement of the material was a mistake or that the material was misidentified;
  4. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of Illinois (Cook County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please provide a written counter-notice to our Copyright Agent at questions@transparentrees.com, or by physical mail at:

Transparentrees, LLC
Attn: Copyright Agent
1871: Transparentrees
222 Merchandise Mart Plaza, Suite 1212
Chicago, Illinois 60654
United States

Violations of Intellectual Property (other than Copyright)

The following are procedures for our receipt of written notification of claimed infringement upon intellectual property (other than Copyright). We have a policy of permanently banning users that repeatedly infringe the intellectual property rights of others. Any notice or counter-notice submitted must be truthful under penalty of perjury. False notices may give rise to your personal liability.

Notices

A written notification should contain:

  1. Your name, telephone number, physical mailing address, and e-mail address;
  2. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  3. A sufficient description to identify the intellectual property that you claim has been infringed;
  4. A description specifying the location on transparentrees.com of the material that you claim is infringing (the URL is helpful information);
  5. A statement by you, that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the copyright owner's behalf.

Please provide a written notice to questions@transparentrees.com, or by physical mail at:

Transparentrees, LLC
Attn: Content
1871: Transparentrees
222 Merchandise Mart Plaza, Suite 1212
Chicago, Illinois 60654
United States

Counter-Notices

If you believe that a notice of intellectual property infringement has been improperly submitted against you, you may submit a Counter-Notice. A written notification should contain:

  1. Your physical or electronic signature;
  2. Identification of the material removed or to which access has been disabled;
  3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  4. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of Illinois (Cook County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please provide a written counter-notice to questions@transparentrees.com, or by physical mail at:

Transparentrees, LLC
Attn: Content
1871: Transparentrees
222 Merchandise Mart Plaza, Suite 1212
Chicago, Illinois 60654
United States