Swimming Containers, LLC (Swimming Containers)
Dated as of May 1, 2015
Welcome to the www.Swimming Containers.org website (the website). Thank you for your interest in accessing our website, and using the online services offered by Swimming Containers on its website (the services), and purchasing products and other offerings which may be available from time to time through our website (the products). The Swimming Containers website is comprised of various pages operated by Swimming Containers. Swimming Containers (also referred to herein as us, we and our) provides opportunity for members of the public to subscribe and become members in order to pay Swimming Containers to acquire undeveloped rainforest land and refrain from developing such rainforest land for other than educational or scientific purposes for a certain period of time as set forth on its website. Members will pay Swimming Containers based on the schedule set forth on its website; square meters of land will be set aside in a specific hectare of land for subscribing member. Swimming Containers will not identify a specific meter of land, but will set aside meters of land within specific hectares until all the meters have been purchased. Swimming Containers will provide a certificate to each member who pays the purchase price to set aside the land. Swimming Containers may offer additional services and products on its website.
Changes to Agreement
Swimming Containers reserves the right to change any of the terms and conditions contained herein or any policies or guidelines governing the products and services offered on its website, at any time and in our sole and absolute discretion. Any changes will be effective immediately after the posting of the revisions to this agreement. You are responsible for reviewing any applicable changes. Your continued use of our website or any service following Swimming Containers’s posting of such changes after their effective date will constitute your acceptance of such changes or modifications. At any time upon request by Swimming Containers you agree to sign a non-electronic version of this agreement. If you do not agree to any changes to this agreement, you must terminate this agreement pursuant to the termination provisions below, and discontinue your use of this website and of any service and the purchase of any product. Except solely as provided in this paragraph and the severability provision of this agreement. This agreement may not be changed without the handwritten (nonelectronic) signature of an authorized person from Swimming Containers.
We reserve the right to deny you access to our website, refuse service, terminate accounts, remove or edit content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including without limitation our determination that you have failed to abide by the terms of this agreement or appear to us likely to do so. By granting you access at any time, we do not obligate ourselves to do so at any other time, or to maintain our website in any form, and we expressly reserve the right to modify, suspend, or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close our website and delete any files which you may maintain at our website and any information which you may choose to post. You should keep a copy of any material which you post to our website because we will not undertake to retain copies of any material which we or others may delete from our website.
Electronic Communications Services
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. Except as otherwise expressly provided in this agreement, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email or by posting notices on our website satisfy any legal requirement that such communications be in writing.
Our website may contain contact form, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you may not:
You Shall Not
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the communication services. Violate any code of conduct or other guidelines which may be applicable for any particular communication service. Harvest or otherwise collect information about others, including email addresses, without their consent. Violate any applicable laws or regulations.
Swimming Containers has no obligation to monitor the communication services. However, Swimming Containers reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Swimming Containers reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. Swimming Containers reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Swimming Containers’s sole discretion. Always use caution when giving out any personally identifying information about yourself or others in any communication service. Swimming Containers does not control or endorse the content, messages or information found in any communication service and, therefore, Swimming Containers specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Swimming Containers spokespersons, and their views do not necessarily reflect those of Swimming Containers. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Swimming Containers
Swimming Containers does not claim ownership of the materials you provide to Swimming Containers (including feedback and suggestions) or post, upload, input or submit to any Swimming Containers website or its associated services (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting Swimming Containers, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission. Swimming Containers is under no obligation to post or use any submission you may provide and may remove any submission at any time in Swimming Containers’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Using the Website, Services, and Products-Eligibility
Except as expressly provided below, access to certain portions of our website, and use or purchase of the products are limited to members. Members must be able to form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming members. You may not transfer your membership or access privileges to any third party or allow any third party to use them.
General Description of the Services
Detailed information on our website covers the specific use of the services. This information, as may be modified from time to time, is incorporated herein by reference, and have the same force and effect as if they were fully part of this agreement.
No Unlawful or Prohibited Use
As a condition of your use of the Swimming Containers website, you warrant to Swimming Containers that you will not use the Swimming Containers website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Swimming Containers website in any manner which could damage, disable, overburden, or impair the Swimming Containers website or interfere with any other party’s use and enjoyment of the Swimming Containers website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Swimming Containers website.
You agree not to disclose Swimming Containers confidential information without Swimming Containers’s prior written consent. Swimming Containers confidential information includes without limitation: (i) all Swimming Containers software, technology, programming, technical specifications, materials, guidelines and documentation you learn, develop, or obtain that relates specifically to the services, products, or our website or its use; (ii) click-through rates or other statistics relating to website performance or the services provided to you by Swimming Containers; (iii) all products purchased through our website; and (iv) any other information designated in writing (including electronic communications) by Swimming Containers as confidential or any designation to the same effect. Swimming Containers confidential information does not include information that has become publicly known through no breach by an authorized user of our website or Swimming Containers, or information that has been (a) independently developed without access to Swimming Containers confidential information as evidenced in writing to Swimming Containers’s sole satisfaction; (b) rightfully received by you from a third party; or (c) required to be disclosed by law or by a governmental authority.
Unless otherwise specified, Swimming Containers may offer to sell products or services featured on our website only in jurisdictions where such sales are lawful. Our website is displayed solely for purposes of promoting Swimming Containers’s products and services in jurisdictions where any sales are unlawful. Our website is controlled by Swimming Containers from its offices in the united states of america.
Swimming Containers, llc does not provide returns for sales from its website. All sales from our website are final and as is.
You agree that as between you and Swimming Containers all content included on and software used on or by our website and any compilations and derivatives thereof, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, is the exclusive property of Swimming Containers, its affiliates or its respective content suppliers, and is protected by united states and international copyright laws. For purposes of this agreement, the term affiliates means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Swimming Containers, or any entity or person in which Swimming Containers, directly or indirectly, owns a controlling interest. Except as expressly provided in this agreement to the contrary, nothing contained on our website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the copyrighted works displayed or contained in our website without the express, written consent of Swimming Containers or the respective copyright owner. Copyright copy; 2010 Swimming Containers, llc, all rights reserved.
Swimming Containers and the Swimming Containers logo are trademarks or service marks owned by Swimming Containers, llc. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Swimming Containers. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Swimming Containers, and all goodwill generated by such use shall inure to our sole benefit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Swimming Containers or its affiliates without its or their respective express, written consent. All other trademarks, trade names, service marks and the like that appear on our website, services or products are the property of their respective owners. You may not use any of these trademarks, tradenames, trade dress, or service marks without the respective owners express permission.
Ownership of Data
You agree that all rights, title, and interest in and to the data generated by or on the Swimming Containers system, except that certain data provided by third parties pursuant to separate agreements with us may be owned by the respective third party data provider. In the latter case, you agree to comply with such providers terms and conditions of use. We may retain, use, or transfer our data as we, in our sole discretion, may determine.
License and Site Access
By posting, storing, or transmitting any content, you hereby grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyrights, publicity, and database rights to such content, in any media now known or created in the future, and to display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content or materials you send to our website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. To the maximum extent permitted under applicable law, you hereby irrevocably waive any claims based on moral rights, if any, to such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not negligently or willfully cause injury to any person or entity.
We may retain and use for our own purposes all information you provide, including but not limited to website demographics and contact and billing information. You agree that we may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in our website, including to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction. We disclaim all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. We may share aggregate (i.E. Not personally identifiable) information about you with advertisers, publishers, business partners, sponsors, and other third parties. In addition, you grant to us the right to access, index, and cache your website, or any portion thereof, including by automated means including web spiders or crawlers.
Swimming Containers grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use our website solely in order to use the services and purchase products in full compliance with this agreement, except that unregistered and unauthorized users may not browse pages of our website restricted to registered users. You agree not to download (other than page caching for authorized users) or modify our website, or any portion of it without our express, written consent. Other than as specified in this agreement, such license does not include any rights of resale or commercial use of our website or its contents; any collection or use of any media metrics (whether those of Swimming Containers or others) available on or through the website, product listings, descriptions, or prices; any derivative use of our website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping, or similar data gathering or extraction tools. Our website (or any portion of it) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior express, written consent. Any unauthorized use terminates the permission or license granted by Swimming Containers.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of our website so long as the link does not use any Swimming Containers tradenames, trademarks or service marks, or portray Swimming Containers or its affiliates, or its or their products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not deep link to our website without our prior express written permission specifying you by name.
Links to other sites
This agreement only applies to our website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
Copyright policy and copyright agent
Swimming Containers respects the intellectual property rights of others, and we expect our users to do the same. In appropriate circumstances, and in our sole discretion, we may but are not required to terminate the rights of any user to use our website (or any part thereof) who infringes the intellectual property rights of others. Subject to the foregoing, it is our policy to terminate in appropriate circumstances users who are repeat infringers. If you believe that a user of our website or services has infringed the intellectual property rights of another, please provide the following information to the copyright agent specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest; a description of the intellectual property interest that you claim has been infringed upon; a detailed description of where the material that you claim is infringing is located on our website, including the url where the infringing material appears or is evident; your address, telephone number and email address; a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, and or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights involved, or are authorized to act on behalf of such owner.
You may send any notices, including notices of copyright infringement under the digital millennium copyright act, to Swimming Containers’s designated agent for notice of claims of copyright infringement on our website at the following address:
Joseph Lesko 4653 Carmel Mountain Road San Diego, California 92130
Tel: (858) 354-6816
Please note that this procedure is exclusively for notifying Swimming Containers and its affiliates that intellectual property rights have been infringed. This policy is intended to comply fully with the requirements of the online copyright infringement liability limitation act.
You agree to defend, indemnify and hold us, our shareholders, directors, officers, employees, agents, affiliates, and suppliers (indemnified persons) harmless from any claims, demand, damage, loss, or expense, including costs and attorney’s fees, made by any third party due to or arising out of your access to or use of our website, services, or products, the violation of this agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (claim). If you are obligated to provide indemnification pursuant to this provision, the involved indemnified person may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without the consent of the applicable indemnified person.
We make every effort to ensure the accuracy of all information that you receive in relation to the use of our services and products. In the event of typographical errors, technical inaccuracies, or product or service pricing errors or omissions, we reserve the right to correct the error within a reasonable period of time
Disclaimers, Exclusions, and Limitations
Disclaimer of warranties Swimming Containers provides our website, services, and products on an as is and as available basis. Swimming Containers makes no representations or warranties of any kind, express or implied, that our website, or the information, content, materials, services, or products available on our website, its servers, or email sent from Swimming Containers: (i) will be uninterrupted, (ii) will be free of defects, viruses, inaccuracies, errors, or other harmful components, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software that you use. Swimming Containers makes no warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly agree that your use of the website, services, and products is at your sole risk.
Third Party Services
The third-party links, services, goods, resources, and information that Swimming Containers provides on or makes available through our website, including, without limitation, those available through third-party advertising or advertisements, are not controlled by Swimming Containers. Accordingly, Swimming Containers makes no warranties regarding such third-party services, resources, and information, including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, and compliance with applicable law, and will not be liable for your use of or reliance on such third-party services, resources, or information.
Exclusion of Damages
Swimming Containers will not be liable to you or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to or connected with the use of our website, services, or products, based on any cause of action (including, without limitation, negligence, breach of contract, infringement, invasion of privacy, or strict liability), even if advised of the possibility of such damages.
Limitation of Liability
Except for a breach of a partys representations or warranties under this agreement or in connection with your indemnification obligations under this agreement, in no event will the liability of either party in connection with this agreement, our website, services, or products exceed the lesser of the amount paid by you to Swimming Containers during the one month period immediately preceding the event that gives rise to such liability or $100.00
Limitation of Actions
Notwithstanding any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or in connection with your use of our website, services, or products must be made in writing pursuant to the arbitration provision below within one calendar year after such claim or cause of action arises, or shall forever be barred.
Swimming Containers will not be liable for failing to perform under this agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communication outage, a failure by a service provider to Swimming Containers to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
Termination by Us
By us we will have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to our website or services. Such reasons may include, without limitation: (i) your breach of any part of this agreement, (ii) your violation of the rights of any third party or of law, (iii) the invalidity of your credit card, (iv) you’re exceeding your credit card limit, (v) chargeback of a fee or other payment, or (vi) your membership account becoming inactive for an extended period of time.
Termination by You
By you if you are a member, you may terminate your account for any reason at any time by terminating it through the providing express written notice to us of your intention to do so and sending an email to the address set forth on our website, subject to this agreement.
Effect of Termination
If your account is terminated, we may, in our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of our website or services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use our website or services or purchase products. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to our website or the services, including, without limitation, technological barriers, ip mapping, and direct contact with your internet service provider (isp). If your account is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination.
All provisions of this agreement, except our license and site access to you and your use of our website, services, and products, shall survive the termination of this agreement.
This agreement may not be assigned by you without our prior express written consent. Any attempted assignment in violation of this section shall be void and without legal effect.
If any provision of this agreement or any agreement made through our website for the purchase and sale of services or products is held unenforceable, the remaining portions thereof shall remain in full force and effect. Without limiting the foregoing, you agree that if any remedy hereunder or thereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein or therein shall remain in effect.
By visiting our website, you agree that the laws of the state of california and of the united states, without regard to its principles of conflict of laws, will govern this agreement as well as contracts made through our website for the purchase of services or products and any dispute of any sort that might arise between any of the parties to any such agreement. Notwithstanding the preceding sentence, the united nations convention for the international sale of goods and the uniform computer information transactions act shall not apply to the interpretation or enforcement of this agreement.
Arbitration of certain disputes
Any dispute relating in any way to your visit to our website or to products you purchase through our website shall be submitted to confidential arbitration in san diego, california, united states of america, except that, to the extent you have in any manner violated or threatened to violate Swimming Containers’s intellectual property rights, Swimming Containers may seek injunctive or other appropriate relief in any state or federal court in the state of california, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the american arbitration association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.