DMCA: Digital Millennium Copyright Act Notice and Policy
TERMS AND CONDITIONS OF USE
ARIZONA PRIVACY RIGHTS
At least sixteen states require, by statute, government Web sites or state portals to establish privacy policies and procedures, or to incorporate machine-readable privacy policies into their Web sites. The applicable State of Arizona statutes for Green pieces are as follows:
A.R.S. § 41-4151. Definitions
In this article, unless the context otherwise requires:
(a) Means any board, commission, department or other administrative unit of this state established by the Constitution of Arizona or by enactment of the legislature.
(b) Includes the legislature, the courts and the governor.
(c) Does not include the state compensation fund.
2. "Agency web site" means an agency owned, operated or funded web site connected to the internet and includes web sites accessed through the "Arizona@yourservice" portal.
A.R.S. § 41-4152. Obligations of state agencies obtaining information on line
1. What services the site provides.
2. The information the agency obtains from individuals online.
3. A person's option to choose to proceed with the transaction and any alternatives available.
4. How the agency uses the information.
5. Whether and under what circumstances the agency discloses the obtained information to other entities or persons.
6. Whether other entities or persons are collecting information through the agency web site.
7. A general description of the security measures in place to protect a person's information without compromising the integrity of the security measures.
This policy statement discloses our privacy practices including the notification of:
HOW INFORMATION IS COLLECTED AND USED
Information You Provide To The Web Site
We will use the Personal Information and Demographic Information you provide to the Web Site as disclosed at the time we collect the information from you. In addition, this information may be used to:
Information submitted to the Web Site through a "contact us" form, address or other similar mechanism, or when you otherwise e-mail us, may not receive a response from Green Pieces. We will not use this information to contact you for marketing purposes unrelated to your inquiry unless you agree otherwise. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information to us by email.
This Web Site may make blogs, message boards and other public forums available to its users. If you post Personal Information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public. We also cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose Personal Information in these areas.
Content You Send From The Web Site To A Friend
If you send a friend a communication from the Web Site, the information you provide is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain additional consent.
Third Parties Provide Us With Information About You
We Collect Information As You Access And Use The Web Site
We may collect certain non-personally identifiable information related to your usage of the Web Site and how you arrived at the Web Site (“Usage Information”), which may include a visitor’s "IP Address" (discussed below) or another unique identifier for a device used to access the Internet, operating system, browser type, referring web site URL. This Usage Information allows us, among other things, to calculate the number of visitors to the Web Site, diagnose problems with the Web Site's server and operate the Website. Usage Information may also be used to tailor and improve the Website, serve you relevant content and/or advertising at the Web Site and serve you an appropriate version of a web page.
An IP address is a number that is automatically assigned to you whenever you access the Internet and is often associated with the place where you enter the Internet like your ISP (“Internet Service Provider”), your company or your university. This IP address may be the same each time you access the Internet or it may change.
Web pages at the Web Site may utilize cookies, which are small data files that your web browser places on your computer (or other Internet-accessing device) when you visit a web site. These cookies may allow us to collect information to tailor your user interface and facilitate your navigation of the Web Site. Your browser may allow you to reject cookies. However, the Web Site may not function properly if you reject cookies. We do not typically save Personal Information in cookies, but we may link cookies to any information we collect. The Web Site may also use web beacons, clear gifs, pixel tags or technologies (as they become available), which allow Green Pieces and third parties to monitor and collect certain information about the viewer of a web page, web-based document or message sent by the Web Site, such as browser type. We use the information collected through these technologies for a variety of purposes, such as to serve you relevant content and/or advertising at the Web Site, count Web Site visitors and monitor Website traffic patterns.
Web site uses embedded scripts
Scripts and other programming codes potentially used in the Web Site may collect non-personally identifiable information regarding use of the Web Site, such as web pages visited, for how long they are visited and which links are clicked. We may use this information for a number of purposes, for example, to enhance or customize content served to users of the Web Site.
Third-party ad serving & audience and traffic measurement services
HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES
Third party providers, vendors and licensees
Sweepstakes, contests and promotions
We may offer sweepstakes, contests, and other promotions through the Web Site. These features may require registration. If you choose to enter a sweepstakes, contest or other promotion, Information may be disclosed to third parties in connection with the administration of such promotion. For example, in connection with winner selection; prize fulfillment; and as required by law, such as on a winners list. You may also need to agree to the to the official rules for a promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.
Safety and legal obligations
We may also transfer and disclose Information to third parties:
We may also use IP address to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion.
NOTICE TO PARENTS
The Website is a general audience web site. We do not knowingly collect any Personal Information from children younger than the age of thirteen (13) on the Web Site and we will delete any information later determined to be from a user younger than thirteen (13).
CHANGING YOUR INFORMATION AND SUBSCRIPTIONS AND QUESTIONS
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Website may allow you to correct or update Information you have provided to us through a Website registration form or otherwise. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may cancel or modify your subscriptions to e-mails from the Web Site by following the instructions contained within an e-mail you receive from the Web Site.
LINKS TO THIRD PARTY SITES
The Website may link to or contain links to other third party web sites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party web site. We encourage you to note when you leave our Website and to read the privacy statements of all third party websites before submitting any personally identifiable information.
THIRD PARTY APPLICATIONS
Third party applications may be available via the Website. The owners of these applications ("Third Party Owners") may collect your information and may have their own policies and practices. While we ask Third Party Owners to refrain from collecting your Personal Information without first obtaining your prior consent, we do not guarantee that all Third Party Owners will abide by this request. We do not screen or pre-approve Third Party Owners or their applications and we have no control over how Third Party Owners or their applications use your Information. These Third Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these policies or the practices of Third Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third party application or otherwise interacting with it.
TRANSFER TO THE UNITED STATES
The Website is operated in the United States and intended for residents of the United States. If you are located outside of the United States, be aware that Information we collect will be transferred to the United States. By using the Web Site, accessing the Website or providing your information to the Website or Green Pieces, you consent to this transfer.
No data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you do so at your own risk. Nonetheless, we have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your Information and privacy, we cannot guarantee the security of any Information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your Information. In the unfortunate event that your "personally identifiable Information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when we deem appropriate, we upgrade our information security systems.
© 1993-2020 Green pieces. All Rights Reserved.
1. To File a Notification of Infringing Content
A written notification must be made. This can be done either by email at Lisa@greenpiecestoons.com or written letter (regular U.S. mail or courier) to our DMCA Agent, Lisa Aquilina, at:
Green Pieces, LLC
6939 East Chaparral Road
Paradise Valley, AZ 85253-7000
(Attn: DMCA Agent)
Please include the following information in your notice:
a. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
e. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law;”
f. 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 owner of an exclusive right that is allegedly infringed;
g. Your physical or electronic signature (i.e., “/s/ [print name]”); and
h. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.
DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
2. To file a counter-notification
If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:
a. List the material that was removed by Green Pieces administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;
b. Provide your name, address, telephone number, email address (if available);
c. State that you consent to the jurisdiction of U.S. Federal District Court for the District of Arizona (or Phoenix, Arizona if your address is outside of the United States);
d. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
e. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
f. Your physical or electronic signature (i.e., “/s/ [print name]”).
Send the written document to the designated DMCA Agent, Lisa Aquilina, at:
Green Pieces, LLC
6939 East Chaparral Road
Paradise Valley, AZ 85253-7000
(Attn: DMCA Agent)
COPYRIGHT AND CONTENT USAGE FAQ
What is copyright and why does it matter?
Copyright is a form of legal protection given to authors of original works such as literary, dramatic, musical, artistic, graphic, photographic, software and certain other intellectual works. The copyright owner has the exclusive right to reproduce the work, make new works based on the work, distribute copies, and perform or display the work, during the duration of copyright protection, subject to very limited fair use rights of others to use only such amount as necessary to exercise fair use rights. You should assume all third party content is protected by copyright unless you have determined otherwise with the assistance of legal counsel and you should not rely on fair use except pursuant to advice of legal counsel. You can, however, seek a permission or license to use third party copyright protected content and once obtained will have the right to do so subject to the terms and conditions thereof.
What if I bought a copy of third party content?
If you have purchased a copy of a work (e.g., a DVD of a movie or a CD of music) you generally only have a limited right to view or listen to the work for your personal non-commercial use and the copyright owner retains all other rights, unless otherwise agreed. Accordingly, unless you have permission from the copyright owner, you cannot copy content off your CD and DVD collections or off of the web and post it to this website.
What if I discover I submitted or posted content that includes materials I was not authorized to use?
1. Identification of your User Content and information reasonably sufficient to permit us to locate the material;
2. Identification of all aspects of your User Content for which you lack sufficient authority to grant us the rights granted above with sufficient detail to enable us to identify and remove, delete or disable such aspects;
3. A statement under penalty of perjury that your notice is complete and accurate and that remainder of such User Content is free from any infringement of third party rights;
4. Your physical or electronic signature (i.e., “/s/ [print name]”).
Such notice shall be sent to us by e-mail at Lisa@greenpiecestoons.com or written letter (U.S. mail or courier) to Lisa Aquilina at:
Green Pieces, LLC
6939 East Chaparral Road
Paradise Valley, AZ 85253-7000
(Attn: DMCA Agent)
How can I learn more about copyrights?
There are many available resources on the Internet. Green Pieces is not responsible for the content provided by these resources, but the following has been found to be informative:
Copyright law is explained by the U.S. Copyright Office here:
A private commercial site offering information and services regarding copyright is:
A non-profit that helps copyright owners offer their content pursuant to a license whereby certain free use by others is permitted is:
Many universities maintain useful public information regarding copyrights, including:
How do I make a DMCA notification or counter-notification?
Please follow the instructions at our DMCA Notice and Policy section precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
I don’t agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress and is governed by same.
Why is Green pieces imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by United Media. Note that these damages and legal fees can be significant, for example see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can Green Pieces give me legal advice concerning my claim?
No. Green Pieces cannot and does not provide any implied or express legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Where can I find more information about the DMCA?
There are many available resources on the Internet. Green Pieces is not responsible for the content provided by these other resources, but the following links have been found to be informative:
Digital Millennium Copyright Act Summary:
Text of the Digital Millennium Copyright Act :
U.S. Federal Copyright Code:
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE USING THIS WEB SITE, AS USE OF THE WEB SITES IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE.
These Terms apply only to GreenPiecesCartoons.com and GreenPiecesBooks.com (however accessed) and other interactive features or downloads, if any, that are accessible or downloadable through, or related to, GreenPiecesCartoons.com and GreenPiecesBooks.com and owned by Green Pieces (collectively, the “Web Sites”). The Web Sites are owned by Green Pieces ("Green Pieces," "we" or "us"). These Terms govern your use of the Web Sites and only apply to the Web Site and not to any other web site or any offline activities by Green pieces (unless specifically stated). You agree to these Terms by accessing or using the Web Sites.
Summary of Key Terms
It is important that you read all of these Terms. However, here are some of the big picture issues:
Ownership of Website Materials
Unless otherwise specified in writing on the Web Sites, all materials that are part of the Websites (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Websites; the compilation, assembly and arrangement of the materials of the Websites; and all other materials related to the Websites (collectively, the "Materials”) are owned, controlled or licensed by Green Pieces or Green Pieces Cartoon Studio and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Materials is governed by these Terms.
License to Web Site Materials
Green Pieces grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials (excluding source and object code) on any single computer for your personal, non-commercial use only, provided that:
You further agree that you will not:
Green Pieces reserves the right to modify the license granted in this section and the restrictions described in this section in writing on the Websites, including, without limitation, by charging fees therefore and/or making certain features available through the Websites that may invite you to use the Materials in a manner not described above.
Green Pieces may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability. These Websites are intended or an audience that is at a minimum thirteen (13) years of age; some content may be deemed inappropriate by some parents for teenage audiences. Parental guidance is recommended.
The Websites may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Green Pieces and/or to or via the Web Sites, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information (collectively, “User Content”).
You agree that either:
In either case without Green Pieces incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to Green Pieces the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Green Pieces is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Websites or Green Pieces, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind. You further perpetually and irrevocably grant Green Pieces the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to Green Pieces the right to sub-license and authorize others to exercise any of the rights granted to Green Pieces under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Green Pieces under these Terms. Without limiting the generality of the foregoing, you authorize Green Pieces to publish your User Content in a searchable format that may be accessed by users of the Websites and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Green Pieces has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content, including without limitation by bringing and controlling actions in your name and on your behalf (at Green Pieces’ cost and expense, to which you hereby consent and irrevocably appoint Green Pieces as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
You acknowledge and agree that Green Pieces will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. Green Pieces may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you or liability; provided, however, that Green Pieces reserves the right to treat User Content and/or Collaborative Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which Green Pieces will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Green Pieces’ attention. Such User Content and/or Collaborative Content posted at your or other users’ direction need not, however, be maintained on the Websites by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Collaborative Content on the Websites. You also agree and understand that Green Pieces is not obligated to use User Content and/or Collaborative Content and that you will not receive any additional consideration or compensation for your User Content and/or Collaborative Content or for any exploitation thereof.
Restrictions on Your User Content and Your Conduct
As a user of the Website, you agree that your User Content, and your conduct on the Website will not:
In addition, your activities on the Website and in connection with the Materials will not:
Your Website Account
Certain areas of the Websites may ask you to provide information or ask you to set up a Website Account. You may decide not to set up an account or provide information; however, if you decline to do so, you may be unable to view or access certain Materials, Collaborative Content or User Content or otherwise enjoy portions of the Websites. You are responsible for updating your account information. We are entitled to rely on the latest received information provided by you.
You will be responsible for all activities that occur under your account or password, and you agree you will not sell, transfer or assign your account or any account rights. You are responsible for maintaining the confidentiality of your password, and for restricting access to your devices that access the Internet, so that others may not utilize your information to access the Websites. Green Pieces may terminate your account or deny you access to the Websites in its sole discretion without notice and without liability.
You represent and warrant that:
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Websites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and prudent judgment in your interactions with others and online activities.
The Websites may contain sweepstakes, contests or promotions, which may be governed by a separate set of rules and may also have eligibility requirements. You must read those rules to determine whether or not your participation, registration or entry will be valid and to determine all other applicable requirements.
Third Party Links and Content
The Websites, or communications you receive from the Websites, may link to third party web sites or provide third party content that we do not control, maintain or endorse, for example, banner advertisements.
You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party web site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Websites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
Green Pieces grants you the revocable permission to link to the Websites; provided, however, that the location on which the link resides:
Green Pieces also reserves the right to prohibit linking to the Website for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
Terms of Sale
To the extent commerce applications are included within the Websites, they will be governed by terms of sale that are posted therewith.
The Websites may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to upload content to the Websites, receive messages from the Websites, download applications to your mobile phone or access Website features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Green Pieces or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Green Pieces of any changes to your mobile number and update your Website account to reflect this change.
Copyright and Trademarks
The content of the Websites include copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Websites are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Green Pieces owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to Green Pieces. Third-party content providers own the copyright in content that is original to them. “Green Pieces,” the “Green Pieces logo,” as well as other marks that may appear on the Websites, are the service and trademarks of Green Pieces. All other trademarks, service marks and logos used on these Websites, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Green Pieces’ written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Green Pieces, Drew Aquilina or their respective owners. In addition, elements of the Websites are protected by trade addresses and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express written permission of Green Pieces.
Your use of the software available at the Websites may be governed by Additional Terms. Please carefully read the Additional Terms to determine the full extent of conditions governing the use of such software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE. If you install certain applications that may be available via the Websites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
Disclaimer of Warranties and Endorsement
THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GREEN PIECES, DREW AQUILINA, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, THE “GREEN PIECES PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE WEBSITES; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE WEBSITES; (D) USER CONTENT OR COLLABORATIVE CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEBSITES; (F) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THE WEBSITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO GREEN PIECES OR VIA THE WEBSITES. IN ADDITION, THE GREEN PIECES PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE GREEN PIECES PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GREEN PIECES PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES, THAT YOUR USE IS AT YOUR SOLE RISK. THE GREEN PIECES PARTIES DO NOT WARRANT THAT YOUR USE OF THESE WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GREEN PIECES PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
BY ACCESSING OR USING THE WEBSITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITES.
THE GREEN PIECES PARTES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT PROVIDED THROUGH THE WEBSITES.
Disclaimers / Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE GREEN PIECES PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE WEBSITES; (B) THE MATERIALS; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE WEB SITES; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GREEN PIECES PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE WEBSITES' TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GREEN PIECES PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE GREEN PIECES PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GREEN PIECES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE GREEN PIECES PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE GREEN PIECES PARTIES, OR OTHER EQUITABLE RELIEF, AND, WITHOUT LIMITATION, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS LICENSED TO OR OWNED OR CONTROLLED BY THE GREEN PIECES PARTIES.
BY ACCESSING THE WEBSITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS PROVIDED BY THE ARIZONA REVISED STATUTES, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY.
You agree to defend, indemnify and hold the Green Pieces Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
You will cooperate as fully required by the Green Pieces Parties in the defense of any claim. The Green Pieces Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Green Pieces Parties.
Termination and Suspension
Green Pieces may suspend and/or terminate your access to and use of the Websites, in whole or in part, if Green Pieces believes you have failed to conform with these Terms. Green Pieces may do so in its sole discretion, without liability and without providing you with prior notice. Green Pieces may also investigate suspected violations of these Terms and may refer violations to law enforcement authorities.
If your access to these Websites is suspended or terminated by Green Pieces, or Green Pieces otherwise asks, all rights granted to you under these Terms will cease immediately, and you agree that you will:
The rights granted by you, and your agreements, obligations and covenants are not subject to termination, revocation or rescission.
Dispute Resolution; Binding Arbitration; Governing Law
These Terms will be governed by and construed in accordance with the internal laws of the United States and the State of Arizona governing contracts entered into and to be fully performed in the State of Arizona (i.e., without regard to conflict of laws provisions) regardless of your location. You acknowledge that the rights granted and obligations made hereunder to Green Pieces are of a unique and irreplaceable nature, the loss of which will irreparably harm Green Pieces and which cannot be replaced by monetary damages alone so that Green Pieces will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). Except with respect to the interpretation, protection or enforcement of Green Pieces’ claimed intellectual property rights or right to seek injunctive relief (which will only be subject to arbitration if the parties mutually agree), you agree that any suit, action or proceeding arising out of or relating to these Terms or any of the transactions contemplated herein or any contests or services thereon (including, without limitation, statutory, equitable or tort claims) will be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association (“AAA”). The arbitration will be held in Phoenix, Arizona. The arbitrator will apply the substantive laws of the State of Arizona, will issue a written decision, and will have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. The parties will split the arbitrator’s fee; provided, however, that if any court or arbitrator would find such requirement unconscionable or unenforceable, Green Pieces will have the option to pay all of such fees and proceed with arbitration. You agree that the provisions in this paragraph will survive any termination of your account(s).
Distribution Limitations and Territorial Restrictions
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Green Pieces to any registration requirement within such jurisdiction or country. These Websiites are controlled and operated by Green Pieces from its offices within the State of Arizona and Green Pieces makes no representation that materials on the Websites are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Websites will not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Arizona by Green Pieces.
Software related to or made available by these Websites may be subject to United States export controls. Thus, no software from these Websites may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to these Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Websites, and you will be responsible for all charges related thereto. The failure of Green Pieces to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Green Pieces’ rights with respect to such breach or any subsequent breaches. No waiver by the Green Pieces Parties of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the applicable Green Pieces Party. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. The Green Pieces Parties may assign their rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Green Pieces’ prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Upon Green Pieces' request, you will furnish Green Pieces any documentation, substantiation or releases necessary to verify your compliance with these Terms. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Green Pieces by virtue of having drafted them.
Entire Agreement; Modification and Termination
Green Pieces reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Websites, including, without limitation, your User Content, communications and account; Collaborative Content; and any functionality or features in or on the Websites, in each case in whole or in part, including the cessation of all activities associated with the Websites, with or without notice. You agree that the Green Pieces Parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or any part thereof. Furthermore, Green Pieces reserves the right to charge for use of the Websites, in whole or in part, and to change its fees from time to time in its discretion.
Green Pieces reserves the right to change or modify these Terms at any time. These Terms will not be modified except in writing, as posted on these Websites by Green Pieces. Any change or modification made by Green Pieces will be effective immediately upon posting on the Website(s) and your continued use of the Websites means that you have agreed to accept any changes or modifications made by Green Pieces. You should therefore periodically visit this page to review the most recent Terms.
Green Pieces, LLC
6939 East Chaparral Road
Paradise Valley, AZ 85253-7000
© 1993-2020 Green pieces. All Rights Reserved.