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IMPORTANT: GREEN MARTINI REQUIRES THAT YOU CAREFULLY READ AND ACCEPT THESE TERMS OF THIS USER AGREEMENT ("AGREEMENT") BEFORE ACCESSING OR USING THIS WEB SITE OR BEFORE APPLYING FOR MEMBERSHIP ON OUR WEB SITE. BY USING THE GREEN MARTINI WEBSITE OR BY JOINING GREEN MARTINI, YOU AGREE TO BE BIND TO THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST EXIT THE SITE AND YOUR MEMBERSHIP REQUEST WILL BE DENIED.
Section 2. Membership
When applying for Membership in our site, you represent and warrant that you are over the age of 18 and that you have accurately represented your name, contact information and identity.
Section 3. Membership Creation; Passwords
Upon applying for membership, you will be required to create a unique User ID and password. You are responsible for maintaining the security of that User ID and password. If you believe that your User ID or password has been compromised, you must immediately contact Green Martini so they can be reset.
Section 4. Permitted Uses for Web Site
Green Martini created this Web Site to provide members with the ability to submit, display, and exchange information, photographs, work history, images, video, creative works or other messages to members and to the Web Site. ("Member Content") Green Martini does not verify the identity of its members or monitor the use of the services by other members. The Member Content posted does not reflect the opinions or views of Green Martini and we may but have no obligation to monitor, edit, or remove that Member Content. As a Member or User of its Web Site, Green Martini grants you permission to access and use the Web Site for personal use and professional networking. This Web Site may not be used as a dating site. Any other use of this Web Site without the prior written permission of Green Martini is strictly prohibited.
Section 5. Prohibited Uses
The following activities are strictly prohibited by Authorized Users or Members when accessing or utilizing the Green Martini Web Site, Content or Member Content
(a) No Illegal Conduct: Engage in any conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any federal, state or local law or regulation.
(b) Violation of Intellectual Property Rights. Use the Web Site to store or transmit Member Content or data which violates or infringes the intellectual property, confidentiality or privacy rights of others. In addition, users are prohibited from using Green Martini's name, logo, trademarks or brands for personal or commercial gain without the express written authorization of Green Martini.
(c) Interference with Operations of the Web Site: (i) uploading or transmitting viruses, Trojan horses, worms, or any other code designed to harm or disrupt the normal operating procedures of the Web Site; (ii) interrupting, damaging or engaging in activities which disrupt the proper operation of the Web Site, renders the Web Site less efficient, or impairs its effectiveness or functionality, such as sending unsolicited communications; (iii) engaging in any activity that improperly restricts or inhibits any other Member or User from using the Web Site; (iv) causing any harm to an Member or User when accessing or using the Web Site. (v.) using software devices or other methods to access or scrape the Web Site or to access the Web Site in a manner other than the process provided by Green Martini.
(d) Commercial Uses. Modifying, posting, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content or Member Content available on or through this Web Site for advertising, commercial solicitation or public purposes, other than within the scope of the intended use of the Web Site. Members and users may not utilize the Content for purposes of setting up a competing web site. (e) Inappropriate Content. (i) uploading, posting, storing or transmitting any Member Content or materials which is unlawful, defamatory, pornographic, unrequested negative commentary, harassment, personal insults, lewd or indecent comments, menacing, threatening, defamatory, abusive, hateful, or that may cause undue annoyance, embarrassment, inconvenience or anxiety to another person or legal entity (ii) impersonate another person when using this Web Site. (iii) post any unauthorized advertising, promotional materials,""spam," "chain letters," "pyramid schemes," or any other forms of solicitation. (f) Misappropriation of Web Site Software, Content or Member Content: Reverse engineering, re-engineering, altering, corrupting, hacking, unlocking, decomposing, disassembling, recreating, creating prototypes from, copying, stealing, removing copyrights from or otherwise misusing or attempting to misuse the Web Site, the Content of the Member Content.
Section 6. Disputes between Members
Members are responsible for their own interactions with each other. Green Martini has no obligation to monitor Member Content or disputes between members. However, Green Martini reserves the right to monitor disputes, remove Member Content and/or terminate your membership in its sole discretion.
Section 7. Ownership of Content
The Content of this Web Site is protected by the United States copyright laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
Section 8. No Warranty
THE WEB SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GREEN MARTINIT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. GREEN MARTINI DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE OR CONDITIONS. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GREEN MARTINI IS NOT RESPONSIBLE FOR THOSE COSTS. Section 9. Limitations of Liability/Disclaimer of Special Damages. IN NO EVENT SHALL GREEN MARTINI, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCURRED BY ANY AUTHORIZED USER, OR ANY PERSON OR ENTITY IMPROPERLY ACCESSING OR USING THE WEB SITE (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WITH REGARD TO MISUSE OF THE WEB SITE OR SERVICE BY OTHERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GREEN MARTINI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR GREENMARTINI TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE CONTENT IS LIMITED TO $100.
Section 10. Use Submissions
Section 11. Copyright Infringement
Federal Law provides us with the right, but not the obligation to terminate your access to the Web Site if we determine in our sole discretion that you have engage in infringement or copyrights or other intellectual property rights. We have implemented procedures for receiving written notification of claimed infringements and for processing such claims. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to us by mail:
Green Martini [Attn: S.E.Detweiler] [GreenMartini.com LLC : 200 S. Executive Drive - Suite 101] [Brookfield, WI 53089] That notice must include: (a) Your name, address, telephone number, and/ or e-mail address. (b) The signature of a person or authorized representative of that person who claims to own the intellectual property rights in the content or the person who alleges they have been defamed. (c) Identification of the copyrighted work claimed to have been infringed or defamed. (d) Identification of the material that is claimed to be infringing or is claimed to be defamatory with information sufficient to permit us to locate the material. (e) 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 or other proprietary right owner, its agent, or the law. (f) 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 owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Section 12. Remedies
If you violate this User Agreement, Green Martini reserves the right to immediately terminate your membership and prevent your further access to the Web Site.
Section 13. Links to Other Sites
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Green Martini of the contents of such third-party web sites. Green Martini is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of material on such third-party web sites. If you decide to access linked third-party web sites from Green Martini's Web Site, you do so at your own risk.
Section 14. Indemnity
Section 15. Ownership; Applicable Law
Section 16. Severability; No Waivers
Section 17. Entire Agreement
Green Martini reserves the right to change terms and conditions applicable to this Web Site, or to impose new terms and conditions. You have the responsibility to periodically review the posted Terms and Conditions for any revisions.