Terms and Conditions
Last Updated: 15 April 2014
Understanding your rights and responsibilities as a Canopy Bridge user.
The Canopy Bridge website (canopybridge.com, hereafter “Canopy Bridge” or the “website”) is owned, managed and operated by Ecodecision International, based in Panama, (hereafter EcoDecisión).
Canopy Bridge provides website features and other products and services to you when you visit canopybridge.com, use Canopy Bridge´s products or services, use Canopy Bridge applications for mobile, or use software provided by Canopy Bridge in connection with any of the foregoing (collectively, “Canopy Bridge Services”). Canopy Bridge provides the Canopy Bridge Services subject to the following terms and conditions of use (“Terms”).
1. BASIC TERMS
These Terms constitute a legally binding agreement between you and Canopy Bridge and are deemed accepted by you each time that you use or access the Canopy Bridge Services. We offer a wide range of Canopy Bridge Services, and sometimes additional terms may apply. If you are accepting these Terms and using the Canopy Bridge Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Canopy Bridge Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Canopy Bridge may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you. In addition, Canopy Bridge may stop (permanently or temporarily) providing the Canopy Bridge Services (or any features within the Canopy Bridge Services) to you or to users generally and may not be able to provide you with prior notice.
Users who violate these Terms may have their access and use of the Canopy Bridge Services suspended or terminated, at the discretion of Canopy Bridge.
Please review our Privacy Notice, which also governs your use of Canopy Bridge Services, to understand our practices.
3. ELECTRONIC COMMUNICATIONS
When you use Canopy Bridge Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Canopy Bridge Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. BRAND CONTENT
The contents of the Canopy Bridge Services, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Canopy Bridge brand content (collectively, “Brand Content”), are protected under copyright, trademark, patent and other laws. All Brand Content is the property of EcoDecisión or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Canopy Bridge Services is the exclusive property of EcoDecisión and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.
5. LICENSE AND ACCESS
Subject to your compliance with these Terms and your payment of any applicable fees, Canopy Bridge or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Canopy Bridge Services. This license does not include any resale or commercial use of any Canopy Bridge Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any Canopy Bridge Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Canopy Bridge or its licensors, suppliers, publishers, photographers, rightsholders, or other content providers. No Canopy Bridge Services, nor any part of any Canopy Bridge Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Canopy Bridge. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Canopy Bridge without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Canopy Bridge name or trademarks without the express written consent of Canopy Bridge. You may not misuse the Canopy Bridge Services. You may use the Canopy Bridge Services only as permitted by law. The licenses granted by Canopy Bridge terminate if you do not comply with these Terms.
6. YOUR ACCOUNT
If you use any of the Canopy Bridge Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You must be 13 years of age or older to visit or use the Canopy Bridge Services in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, must use the Canopy Bridge Services under the supervision of a parent, legal guardian, or other responsible adult.
Canopy Bridge reserves the right to refuse service, terminate accounts, or remove or edit content at its sole discretion.
7. USE OF THIRD-PARTY LOGOS AND TRADEMARKS
Canopy Bridge may provide logo design and artwork of third parties, including certifiers, standards and other entities for users to include in their profiles. The aforementioned logo designs and artwork are offered as a convenience to users for lawful use with proper permission from the copyright and/or trademark holder only. You hereby agree that the use of said artwork in your Canopy Bridge profile will not infringe on the rights of the copyright and/or trademark holder. Before you use or reproduce this artwork in any manner, you agree to obtain the express permission of the copyright and/or trademark holder. Failure to obtain such permission is a violation of international copyright and trademark law subject to specific financial and criminal penalties.
8. COPYRIGHT COMPLAINTS
Canopy Bridge respects the intellectual property rights of others and expects users of the Canopy Bridge Services to do the same. Canopy Bridge will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Canopy Bridge reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Canopy Bridge will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Canopy Bridge Site is:
9. ALL USER CONTENT
Canopy Bridge users may post testimonials, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”). Each User warrants, represents and agrees that User Content submitted, posted or shared shall:
not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content;
be germane to the Canopy Bridge mission of helping businesses and people committed to sustainable natural products thrive;
be true, accurate, complete and lawful;
not be false, misleading or deceptive;
not contain elements that are defamatory, libelous, threatening or harassing obscene, objectionable, offensive, sexually explicit or harmful to minors;
not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’
not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
Canopy Bridge reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do post or submit User Content, and unless we indicate otherwise, you grant Canopy Bridge a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services. Canopy Bridge does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
Canopy Bridge may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Canopy Bridge for all claims resulting from User Content you supply. Canopy Bridge has the right but not the obligation to monitor and edit or remove any activity or User Content. Canopy Bridge takes no responsibility and assumes no liability for any User Content posted by you or any third party.
10. NO ENDORSEMENTS
Canopy Bridge allows users to create profiles with descriptions of their companies and products. , although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity, nor does Canopy Bridge provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Such information is the sole responsibility of Users and may contain inaccuracies or errors. Canopy Bridge expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by the law. Use of any information or materials on this website is entirely at user’s risk, for which Canopy Bridge shall not be liable. It shall be the user’s responsibility to ensure that any products, services or information available through this website meet specific requirements.
11. RESTRICTIONS ON USER CONTENT
Canopy Bridge reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Canopy Bridge Services, to suspend or terminate users, and to reclaim usernames. Canopy Bridge also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Canopy Bridge, its users and the public.
12. RESTRICTIONS ON USE OF CANOPY BRIDGE SERVICES
You may not do any of the following while accessing or using the Canopy Bridge Services: (i) access, tamper with, or use non-public areas of the Canopy Bridge Services, the Canopy Bridge computer systems, or the technical delivery systems of the Canopy Bridge providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Canopy Bridge Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Canopy Bridge (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Canopy Bridge; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Canopy Bridge Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Canopy Bridge Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Canopy Bridge Services.
13. ENDING THESE TERMS
The Terms will continue to apply until terminated by either you or Canopy Bridge as follows.
You may end your legal agreement with Canopy Bridge at any time for any reason by deactivating your accounts and discontinuing your use of the Canopy Bridge Site and Services. Canopy Bridge may suspend or terminate your accounts or cease providing you with all or part of the Canopy Bridge Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Canopy Bridge Services to you is no longer commercially viable. Canopy Bridge will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Canopy Bridge Site and Services, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, All User Content, Restrictions on User Content, Restrictions on Use of Canopy Bridge Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect Canopy Bridge rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Please read this section carefully since it limits the liability of Canopy Bridge and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Canopy Bridge Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Canopy Bridge Services are Available “AS-IS.” Your access to and use of the Canopy Bridge Services or any content are at your own risk. You understand and agree that the Canopy Bridge Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Canopy Bridge ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Canopy Bridge Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Canopy Bridge Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Canopy Bridge Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Canopy Bridge Services; and (iv) whether the Canopy Bridge Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Canopy Bridge Entities or through the Canopy Bridge Services, will create any warranty not expressly made herein.
Links. The Canopy Bridge Services may contain links to third-party websites or resources. You acknowledge and agree that the Canopy Bridge Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Canopy Bridge Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Canopy Bridge 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 (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
15. WAIVER AND SEVERABILITY
The failure of Canopy Bridge to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Any dispute or claim arising out of or relating in any way to your use of any Canopy Bridge Services, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
17. APPLICABLE LAW
By using any Canopy Bridge Service, you agree that Panamanian law will govern these Terms and any dispute of any sort that might arise between you and Canopy Bridge.
Canopy Bridge reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.