Privacy Policy
Information Collection
ecofabulous is the sole owner of the information collected on the site. ecofabulous may collect information from our users at several different points on the site.
Comments
In order to enhance their use of the site, users can choose to leave comments on particular articles of interest. Commenters may register anonymously. However, if a third party complains that a comment breaches our Terms of Service (e.g. libels them), then in accordance with our Terms, we will make reasonable efforts to contact the commenter and alert them to the situation. If we are required to by law to disclose commenters’ contact information, we will attempt to contact commenters to give them the opportunity to respond to such requests. Please refer to our Terms of Use for more information.
Mailing List
ecofabulous may launch a mailing list for some or all of the site. In order to sign up to receive regular emails from a site’s mailing list, users must submit information including a valid email address and demographic information such as location and interests. This information will be used in aggregate form only in order to assess general user interest in various internal and third party products and services, and your personal and contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails from the site, including new articles added to the site as well as emails from third party site sponsors. If you do not wish to receive emails from third party advertisers, do not sign up for the mailing list.
Discussion Group and Cookies
In order to further enhance the user experience, ecofabulous may launch a discussion board service on some or all of the site where users can discuss common topics of interest. Users will have the option of signing up for this service, and to do so must submit information including a valid email address. ecofabulous uses this information to screen out users who leave comments prohibited by our terms and conditions of use and to pick out topics of interest to discussion board users. ecoFabulous will not pass this information to any other organization except in aggregate form.
The discussion board service may use cookies. A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user?s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
By setting a cookie on the ecoFabulous, users will not have to log in a password more than once, thereby saving time while on the site?s discussion board. We store a cookie on each user’s machine that contains a username and encrypted password. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use ecofabulous products or services that require you to “sign in,” and you may not be able to take full advantage of all offerings. However, not all ecoFabulous services require that you accept cookies.
Third Party Advertising
The ads appearing on this Web site are delivered to you by DoubleClick, our Web advertising partner. Information about your visits to this site, such as number of times you have viewed an ad, is used to serve ads to you. For more information about DoubleClick, cookies, and how to “opt-out”, please click here .
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We may use a tracking utility that uses log files to analyze user movement.
Legal Disclaimer
Though we make every effort to preserve user privacy, ecofabulous may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on any of the site.
Business Transitions
In the event ecofabulous goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
Links
The site contains links to other sites. Please be aware that ecofabulous is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by ecofabulous.
Third Party Cookies
Some of our business partners may use cookies on our site (for example, advertisers). However, ecofabulous has no access to or control over these cookies, once we have given permission for them to set cookies for advertising. This privacy statement covers the use of cookies by ecofabulous only and does not cover the use of cookies by any advertisers.
Third Party Advertising
The ads appearing on this Web site are delivered to users by Google, among other services. Information about users’ visit to this site, such as number of times they have viewed an ad (but not username, date of birth, or any other personal information), is used to serve ads to users on this site. For more information about Google and cookies, please click here.
Notification of Changes
Whenever ecofabulous changes its privacy policy, we will post those changes to this privacy statement, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Contact Information
If you have any questions or suggestions regarding our privacy policy, please contact the editor of the ecofabulous site, or send an email to info AT ecofabulous.com, or by mail to ecofabulous 145 Town Center, PMB #657, Corte Madera, CA 94925.
TERMS OF USE
Date of last revision: October 6, 2008
Welcome to ecofabulous, the online information source for stylish, sustainable, living. The ecofabulous web site and the service of providing information (collectively, “ecofabulous” or “the Service”) are operated by ecofabulous, Inc. and its corporate affiliates (collectively, “us”, “we” or “the Company”). By accessing or using our web site at www.ecofabulous.com (the “Site”), you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you have registered to receive communications from ecofabulous. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users, its licensors or other third parties with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content which you have accessed solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company (which permission may be withheld in Company’s sole discretion), is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks
The name “ecofabulous,” the owl logo and the tagline “stylish, sustainable, living.” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered or unregistered service marks, trademarks, trade names or trade dress of Company in the U.S. and/or other countries. The product names and company names of third party companies identified on the Site are the trademarks, services marks or trade names of those companies. The Company’s trademarks, service marks and trade dress may not be used, including as part of trademarks, service marks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company (which permission may be withheld in Company’s sole discretion).
Intel, the Intel logo are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other Countries.
Copyright
The Site and the Site Content are protected by U.S. and/or foreign copyright laws, and belong to ecofabulous or its partners, affiliates, contributors or third parties. The copyrights in the Site Content are owned by ecofabulous or other copyright owners who have authorized their use on the Site. You may download and reprint Site Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Site Content only for educational or other non-commercial purposes within your business or organization). You may not manipulate or alter in any way images or other Site Content on the Site.
User Conduct
You agree that no comments that you post on the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and that no such comments will be vulgar, obscene, fraudulent, hateful, or racially, ethnically or otherwise objectionable.
Links to Third-Party Web Sites
Links on the Site to third party web sites (“Third Party Sites”) or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ecofabulous of the third party, the Third Party Site, or the information contained therein. ecofabulous is not responsible for the availability of any such web sites. ecofabulous is not responsible or liable for any such web site or the content thereon. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Linking to this Site
If you would like to link to the Site, you must follow these link guidelines. Unless specifically authorized by ecofabulous in writing in advance (which authorization may be withheld in our sole consent), you may not connect “deep links” to the Site, i.e, create links to the Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
Privacy
We care about the privacy of our users. Click here to view the ecofabulous Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States
Disclaimer of Warranties
ECOFABULOUS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ECOFABULOUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ECOFABULOUS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ECOFABULOUS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
IN NO EVENT WILL ECOFABULOUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ECOFABULOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL ECOFABULOUS’ LIABILITY EXCEED $1,000.00
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ecofabulous, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Site Content, or any violation by you of this Agreement.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, ecofabulous’s Privacy Policy, your use of the Site, any other ecofabulous web site, the Service, or the Site Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.
You agree not to commence or prosecute any action in connection therewith other than in the State courts for the City and County of San Francisco, California and the federal courts of the Northern District of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE, THE SITE CONTENT AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in San Francisco, California. The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
General Provisions
Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ecofabulous of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Site Content. The Site Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ecofabulous therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site Content at any time without prior notice. ecofabulous does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Electronic Communications. When you visit ecofabulous.com 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 the Site. 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.
Contact Information. If you have any questions or suggestions regarding our privacy policy, please contact the editor of the ecofabulous Site, or send an email to [email protected], or by mail to ecofabulous at the mailing address shown on the site.
