Terms & Conditions

Last updated on February 23, 2022.

 

Welcome to ecoscout.com. The web pages available at ecocout.com, mobile phone applications, web widgets, as well as all linked pages (collectively, our “Services”), are owned and operated by Eco Instinct Limited (“ecoscout”), and are accessed by you under the Terms of Use described below (“Terms of Use”). Please read our Privacy Policy and these Terms of Use carefully before using the Services. In these Terms, “we”, “us”, “our” and “ecoscout” refers to Eco Instinct Limited, and “you” and “your” refers to you, the user of Our Website.

 

Acceptance of Terms

By accessing ecoscout.com, or by using any part of Services, you agree to become bound by these terms and conditions (including, without limitation ecoscout’s Privacy Policy). If you do not agree to all the terms and conditions, then you may not access or use the content on the Services. The use of ecoscout’s Services is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered or characterized as an offer by ecoscout, acceptance is expressly limited to these terms.

Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of Services will be governed by the laws of the United Kingdom.

 

Intellectual Property

The contents of Services are protected by U.K. and International copyright and trademark laws. The contents of the Services are owned by or licensed to ecoscout or its affiliates. In the case of User Materials (as defined in the “User Materials” section below) the contents are licensed to ecoscout by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Services without the prior written consent of ecoscout, except as provided below. All rights not expressly granted in these Terms of Use are reserved to ecoscout.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

You may copy, or download, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests ecoscout or ecoscout.com promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use apps, widgets and tools on the Services that allow selected User Materials to appear on your mobile device, personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence. No quotes from any material on the Services may be used in any media without attribution to ecoscout.com.

Any other use of Services content requires prior written permission from ecoscout.

 

User Materials

Through the community features of the Services, users may post, upload, transmit and/or otherwise submit (hereinafter “Submit”) comments, messages, text, photos, images, and other content materials, as well as make recommendations, on or through the services of ecoscout.com (“User Materials”). You agree to post only images of items you personally own or licensed and were not acquired through theft or other unlawful means. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the ecoscout staff and on the Services by the general public. You acknowledge that the Services are for public and not private communications.

ecoscout reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any reason or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If ecoscout elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If ecoscout has questions about your User Materials, ecoscout retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Services. However, by submitting User Materials on or through the Services, you are agreeing that the information and images submitted may be used by ecoscout and may be published on our websites and/or in all other mediums. By submitting User Materials, you hereby grant ecoscout, its affiliates, and their respective licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publish, publicly perform, display, create derivative works of, host, index, cache, tag, encode, reproduce, edit, display, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, throughout the world and for any purpose including, but not limited to, ecoscout.com, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), ecoscout print publications, and other applications and services later devised, without payment and without further consent or notice to you. You further grant ecoscout, ecoscout.com, and their licensees the right to contact you in connection with your User Materials and to use your member name, city and state, and other information that you have provided in connection with the User Materials as defined in our Privacy Policy.

In addition, you grant each user of the Services, third party web sites (such Instagram, Facebook, and partner API sites where ecoscout data is shared and / or promoted), applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Services, third party web sites, applications and services, and to use your User Materials pursuant to these Terms of Use and the terms of use of the third party web sites, and as permitted by the functionality of the Services and third party web sites, applications and services (such as through widgets, RSS feeds and other methods similar or dissimilar, now known or later devised).

Entries submitted for posting are selected entirely at the discretion of ecoscout. You acknowledge and agree that ecoscout shall have no obligation to post, display or otherwise make publicly available any photo, information, or other content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo, information, or other content that you submit to the Services.

By submitting any photo, content, or information to ecoscout, you represent that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to ecoscout. You understand and intend that any photo, content, or information submitted by you to ecoscout may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo, content, or information you submit to the Services.

Ecoscout respects the intellectual property rights of others. It is, therefore, our policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the Digital Millennium Copyright Act and other relevant intellectual property laws. These Terms of Use include and incorporate the Website DMCA Compliance Notice (“DMCA Notice”) posted on the Website and incorporated by this reference as if fully set forth herein.

 

Acceptable use & Content standards
You agree that you will not:

 

  1. in any way that breach any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below);
  4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  6. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
  7. not to access without authority, interfere with, damage or disrupt:
    1. any part of our site;
    2. any equipment or network on which our site is stored;
    3. any software used in the provision of our site; or
    4. any equipment or network or software owned or used by any third party.

 

User Content

The websites and services contain reviews, travel guides, or other forums in which you can post content. If you use said interactive areas on the websites, you are solely responsible for the travel information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the “User Content”), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.

By posting User Content to the Website, you represent that: (i) you are the owner of the User Content; or (ii) you have the right and license to use the User Content; or (iii) the User Content is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the User Content; and (v) you have the legal right to grant a license to us to use the User Content.

When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes.


You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the websites. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect.

You understand that we do not control the User Content and will not be, in any way, responsible or liable for such User Content.

We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any User, including yours, on Our Website. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from Our Website at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of Users or to mitigate any risk of harm or liability to us or any User.

Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on Our Website that:

is unlawful, harmful, inappropriate, false, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, promoting of harassment of a third party, threatening, in violation of privacy or publicity rights, abusive, inflammatory, offensive to the online community (such as, without limitation, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), fraudulent or otherwise objectionable;

  1. would constitute, promote, encourage, provide instructions for, or enable conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any third party in any country of the world, or that would create liability or violate any local, state, national or international law, such as, without limitation, providing instructions or guides about attending or participating in illegal actives such as human trafficking or creating computer viruses;
  2. may infringe any patent, trademark, trade secret, copyright, proprietary right or any other intellectual property right of any party;
  3. constitutes mass mailings, “spamming,” junk mail, pyramid schemes, or chain letters;
  4. impersonates any person or entity or misrepresents your affiliation with any person or entity;
  5. is private information of any third party, including but not limited to, Social Security numbers, passwords, credit card numbers, addresses, email addresses, phone numbers, and any other information that enables a User to readily identify any third party;
  6. contains restricted or hidden content;
  7. includes or facilitates viruses, corrupt data or other harmful, destructive or disruptive files;
  8. is unrelated to the topic or intended use of the area on Our Website, in our sole discretion; or
  9. in our sole discretion, restricts any other person from using or enjoying Our Website.

 

Use of Our Website

You may only use and register to become a user of Our Website or Trips if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a Trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected.

If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.

You may only use Our Website to search for legitimate travel deals; you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission from ecoscout:

  1. access the site with any manual or automated process for any purpose other than your personal use or for inclusion of ecoscout pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
  2. violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
  3. deep-link to any portion of Our Website for any purpose;
  4. use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
  5. reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
  6. use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
  7. post or distribute any material on Our Website that violates the rights of any third party or applicable law;
  8. use Our Website to collect or store personal data about others;
  9. use Our Website for any commercial purpose; or
  10. transmit any ad or promotional materials on Our Website

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website. Furthermore, you can always delete your account here.


Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: 

  • use this Website or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  • If your booking or account shows signs of fraud, abuse or suspicious activity, ecoscout may cancel any travel or service reservations associated with your name, email address or account, and close any associated ecoscout accounts. If you have conducted any fraudulent activity, ecoscout reserves the right to take any necessary legal action and you may be liable for monetary losses to ecoscout, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact ecoscout customer Service. 

 

Liability Disclaimer

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Expedia Companies and Expedia Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Expedia, Inc. expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. 

Hotel ratings displayed on this Website are intended as only general guidelines, and the ecoinstinct limited company and ecoscout do not guarantee the accuracy of the ratings.  The ecoinstinct limited company and ecoscout make no guarantees about the availability of specific products and services.  The ecoinstinct limited company and ecoscout and their respective suppliers may make improvements and/or changes on the Website at any time. 

Ecoscout and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Expedia Companies or the Expedia Partners. All such information, software products, and services are provided “as is” without warranty of any kind. The Expedia Companies, the Expedia Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Expedia Companies, the Expedia Partners and/or their respective suppliers are free of viruses or other harmful components. The ecoinstinct limited company and ecoscout hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the ecoinstinct limited company and ecoscout. The ecoinstinct limited company and ecoscout are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.  The ecoinstinct limited company and ecoscout have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall The ecoinstinct limited company and ecoscout be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Trans Africa Pipeline has been advised of the possibility of such damages.

If, despite the limitation above, the ecoinstinct limited company and ecoscout or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the ecoinstinct limited company and ecoscout or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to the ecoinstinct limited company in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use insure to the benefit of the ecoinstinct limited company and ecoscout or their respective suppliers .

 

Indemnification

You agree to defend and indemnify the ecoinstinct limited company and ecoscout or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of this Agreement or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Website.

 

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than the ecoinstinct limited company. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is for you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

Software Available on This Website

Any software that is made available to download from this Website (“Software”) is the copyrighted work of the ecoinstinct limited company and ecoscout or their respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the ecoinstinct limited company and ecoscout or their respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

 

Reviews, Comments, Photos and Other Submissions

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant the ecoinstinct limited company and ecoscout or their respective suppliers through whom we provide service (collectively, the “ecoscout Partners”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the ecoinstinct limited company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the ecoinstinct limited company the right to pursue at law any person or entity that violates your or the ecoinstinct limited company’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the ecoscout Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions. 

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that ecoscout may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use. 

From time to time we may offer customers incentives to leave hotel reviews (e.g. discount coupon/entry into prize draws etc.)As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative. 

The ecoinstinct limited company and ecoscout claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites. 

The ecoinstinct limited company and ecoscout policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below. 

The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. The ecoinstinct limited company and ecoscout does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate. 

 

Copyright And Trademark Notices

All contents of this Website are ©2022 ecoscout. All rights reserved. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.  The ecoinstinct limited company and ecoscout is not responsible for content on websites operated by parties other than ecoscout. 

 

Account Termination

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, The ecoinstinct limited company and ecoscout has adopted a policy of terminating, in appropriate circumstances and at the ecoinstinct limited company and ecoscout’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. The ecoinstinct limited company and ecoscout may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. 

 

Copyright And Trademark Notices

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. 

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to admin [@] ecoscout.com.

 

General

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and any of the ecoinstinct limited company and ecoscout as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Revised February 01, 2022

©2022 Ecoscout, All rights reserved.