Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
How it Works
www.maraquia.com is a platform where certain type of users identified as "Foresters" can register under the "Site" term completely for free information regarding: locations and estimated time for tree planting, reasonable prices for tree planting and post planting care services; to fundraise necessary money from individuals as well as corporate Backers.
Through the Website, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Foresters, Backers, and other visitors to and users of the Service (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Submissions" means any Content Submitted by Users.
You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register an account with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the ToU, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.
You must provide us accurate and complete information, and you must update your account information as needed to keep the information accurate and complete.
You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Treeography immediately by contacting us. To the extent permissible under applicable law, we are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
You must be 18 years or older to sign up for an account.
You may not take any action that violates the law, infringes or violates anyone else’s rights, or breaches any agreements or legal obligations that you have toward anyone.
Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
You may not distribute software viruses, or anything else designed to interfere with the proper function of any software, hardware, or equipment on the Site or the use of the Site by any other User. You may not access our Site or Services if we have prohibited you from doing so.
You may not bypass any measures that we have put in place to secure the Services, take actions to gain unauthorized access to any system, data, passwords, or other Company’s or User’s information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to "crawl" or "spider" any part of the Site.
By registering a site on www.maraquia.com, you as are offering the public the opportunity to enter into a contract with you. By backing a site on www.maraquia.com, you as the Backer accept that offer and the contract between Backer and Forester is formed. Treeography is not a party to that agreement between the Backer and Forester. All dealings are solely between Users.
By backing or registering a site on www.maraquia.com, you agree to be bound by this entire Agreement, including the following terms:
- Backers agree to provide their payment information at the time they pledge to a site. The amount Backers pledge is the amount they will be charged.
- Backers consent to www.maraquia.com and its payments partners authorizing or reserving a charge on their payment card or other payment method.
- The Estimated Date of Planting is not a promise to fulfill by that date, but is merely an estimate of when the Forester hopes to fulfill by.
- Foresters agree to make a good faith attempt to fulfill each planting by its Estimated Date of Planting.
- Treeography does not offer refunds. A Forester is not required to grant a Backer’s request for a refund unless the Forester is unable or unwilling to fulfill the planting.
- Treeography and its payments partners will remove their fees before transmitting proceeds. Fees may vary depending on region and other factors.
- Treeography reserves the right to cancel a pledge at any time and for any reason.
- Treeography reserves the right to reject, cancel, interrupt, remove, or suspend a site at any time and for any reason. Treeography is not liable for any damages as a result of any of those actions. Treeography’s policy is not to comment on the reasons for any of those actions.
- Treeography is not liable for any damages or loss incurred related to rewards or any other use of the Service. Treeography is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with sites on the website. Treeography does not oversee the sites’ performance or punctuality. The Company does not endorse any User Submissions. You release Treeography, its directors, officers, employees, partners, agents, suppliers, or content providers, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Fees and Payments
Joining www.maraquia.com is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. You are responsible for paying all fees and taxes associated with your use of the Service.
Funds pledged by Backers are collected by Stripe Payments operated by Stripe, Inc. Treeography is not responsible for the performance of Stripe Payments.
You use our Services solely at your own risk. They are provided to you "as is" and "as available" and without warranty of any kind, express or implied.
The Services may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. We are not responsible if the Services are unavailable, or if you lose any data, information, or User Content for any reason.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Disclaimer of Liability
To the fullest extent permitted by law, in no event will Treeography, its directors, officers, employees, partners, agents, suppliers, or content providers, and successors be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site.
Deleting your Account
You may discontinue the Services at any time. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site (for instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site). You can contact us at email@example.com for additional information or to request project page deletion (this is not available in all circumstances).
We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. In the unfortunate situation where legal action does arise, these Terms (and all other rules and policies) will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Treeography and its Services are deemed a passive website that does not give rise to jurisdiction over Treeography or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Services, shall be filed only in the state or federal courts located in the State of California, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt out when we can.
We will send you email relating to your personal transactions. We will keep these emails to a minimum.
You will also receive certain email notifications, for which you may opt-out. We may send you service-related announcements on rare occasions when it is necessary to do so.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Agreement Between You and Us
These Terms are the entire agreement between you and Treeography with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Treeography with respect to the Services and govern our relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Treeography to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Treeography’s prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
We can make changes to the Site and Services without notice or liability.
We have the right to decide who’s eligible to use the Site. We can cancel accounts or decline to offer our Services (especially if you’re abusing them). We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use the Site in that jurisdiction.
We have the right to cancel any pledge to any project, at any time and for any reason.
We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Treeography is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
The Company also reserves the right, at its sole discretion, to modify or replace the ToU by posting the updated version on the Site. It is your responsibility to check the ToU periodically for changes. Your continued use of the Service following the posting of any changes to the ToU constitutes your acceptance of those changes.
If you have any questions or suggestions, please contact us at firstname.lastname@example.org.
Updated: December 2018