Earth Clinic, LLC Terms of Service Agreement

COPYRIGHT NOTICE & INTELLECTUAL PROPERTY POLICY

Copyright 1999-2021 Earth Clinic, LLC. All rights reserved.

All material and content, including, without limitation, text, graphics, photographs and images published on www.earthclinic.com ("Earth Clinic Content") is the property of Earth Clinic, LLC, and protected by the federal Copyright Act and the copyright laws of other countries. Subject to the federal Copyright Act and any other applicable laws, no Earth Clinic Content may be copied, reproduced, modified, adapted, published, republished, publicly displayed, performed, distributed, sold, translated into any foreign language, made into any derivative work, in whole or in part, alone or in compilations, and/or incorporated in other works in any form, format, media or technology, by any method, device or process, now known or later developed, without the express written permission of Earth Clinic, LLC.

To obtain written permission for the use in any form, without limitation, of any content published on www.earthclinic.com, contact:

D. Layne
Earth Clinic, LLC
Email: Contact Us Form

USER CONTENT LICENSE GRANT FOR USERS

By submitting, posting, uploading, sharing or otherwise making available any text, post, contribution, or providing any other content (“User Content”) to Earth Clinic, LLC, www.earthclinic.com, its entities or affiliates (“Earth Clinic, LLC”), and in consideration for the publication of any such User Content by Earth Clinic, LLC, and without compensation to you, you hereby agree that such User Content will become the property of Earth Clinic, LLC, and you hereby grant to Earth Clinic, LLC, a worldwide, royalty-free, perpetual, irrevocable, transferable, unrestricted, non-exclusive right and license to use, reproduce, modify, adapt, publish, republish, distribute, prepare all foreign language translations and other derivative works, transmit, publicly display, and perform such User Content, in whole or in part, alone or in compilations, without the need to attribute authorship, and/or to incorporate it in other works in any form, format, media or technology, and by any method, device or process, now known or later developed.  Without limiting the preceding sentence, you further grant and authorize Earth Clinic, LLC, the right to sell, license, sublicense, transfer, or assign the rights granted herein through multiple tiers of sublicenses to any party. You also authorize Earth Clinic, LLC, to place advertisements in close proximity to such User Content. To the extent that any right now or in the future existing under Copyright, Trademark, Patent or any other applicable law is not specifically granted to Earth Clinic, LLC, by the terms of this Agreement, such right shall be deemed to have been granted and authorized hereunder.

Except as stated in the publication and other rights under license above, Earth Clinic is not in the business of developing or commercializing products based on User Content. For User Content that is not already known by Earth Clinic personnel or otherwise publicly available, Earth Clinic policy is not to develop or commercialize products based on such User Content without first obtaining the user’s consent.

By submitting your User Content, you represent and warrant that this User Content is your original work, or that you have the right, authority and license to grant Earth Clinic, LLC, the licenses, rights, and authorizations afforded by this Agreement without the consent or authorization of any other person or entity. You further represent and warrant that your User Content does not violate, infringe or misappropriate the Copyright, Trademark, or any other personal, property or intellectual property right of any person or entity, including, without limitation, the trade secret, patent, right of publicity, right of privacy or any other right of any person or entity.

USER CONTENT LICENSE GRANT FOR REGISTERED USERS

As a Registered User of www.earthclinic.com and submitting, posting, uploading, sharing or otherwise making available any text, post, contribution, or providing any other content (“User Content”) to Earth Clinic, LLC, www.earthclinic.com, its entities or affiliates (“Earth Clinic, LLC”), and in consideration for the publication of any such User Content by Earth Clinic, LLC, and without compensation to you, you hereby agree that such User Content will become the property of Earth Clinic, LLC, and you hereby grant to Earth Clinic, LLC, a worldwide, royalty-free, perpetual, irrevocable, transferable, unrestricted, non-exclusive right and license to use, reproduce, modify, adapt, publish, republish, distribute, prepare all foreign language translations and other derivative works, transmit, publicly display, and perform such User Content, in whole or in part, alone or in compilations, without the need to attribute authorship, and/or to incorporate it in other works in any form, format, media or technology, and by any method, device or process, now known or later developed.  Without limiting the preceding sentence, you further grant and authorize Earth Clinic, LLC, the right to sell, license, sublicense, transfer, or assign the rights granted herein through multiple tiers of sublicenses to any party. You also authorize Earth Clinic, LLC, to place advertisements in close proximity to such User Content. To the extent that any right now or in the future existing under Copyright, Trademark, Patent or any other applicable law is not specifically granted to Earth Clinic, LLC, by the terms of this Agreement, such right shall be deemed to have been granted and authorized hereunder.

Except as stated in the publication and other rights under license above, Earth Clinic is not in the business of developing or commercializing products based on User Content. For User Content that is not already known by Earth Clinic personnel or otherwise publicly available, Earth Clinic policy is not to develop or commercialize products based on such User Content without first obtaining the user’s consent.

As a Registered User of www.earthclinic.com submitting your User Content, you represent and warrant that this User Content is your original work, or that you have the right, authority and license to grant Earth Clinic, LLC, the licenses, rights, and authorizations afforded by this Agreement without the consent or authorization of any other person or entity. You further represent and warrant that your User Content does not violate, infringe or misappropriate the Copyright, Trademark, or any other personal, property or intellectual property right of any person or entity, including, without limitation, the trade secret, patent, right of publicity, right of privacy or any other right of any person or entity.

CONTENT USE POLICY

You further agree, represent and warrant that you will not post, transmit, submit or otherwise provide through this website any information, content or other material (without limitation) that is threatening, abusive, harmful, false or misleading, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, bigoted or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation. You further agree and warrant that you will not post, transmit, submit or otherwise provide through this website any content that contains any computer viruses, worms or other potentially damaging computer programs or files.

DONATIONS

Any donations made to Earth Clinic, LLC or to any cause or purpose through this site are final and non-refundable so you should consider the decision to make your donation carefully before finalizing the donation.  By making your donation you agree that Earth Clinic, LLC and its employees, owners, agents and affiliates shall have no liability whatsoever regarding any donations made through this site, including but not limited to the usage of donated funds or the application and/or disbursement thereof.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Notification of Infringing Material

Earth Clinic, LLC and www.earthclinic.com complies with the federal Digital Millennium Copyright Act (“DMCA”) and will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable laws. If you believe any material available on www.earthclinic.com infringes a copyright, including materials or links to third-party websites, you should notify Earth Clinic using the procedure for claimed infringement under the DMCA, 17 U.S.C. § 512(c)(3), as outlined in Section 1, below.

If we receive such a Notice, we will expeditiously remove or disable access to the allegedly infringing material in compliance with the DMCA. We also will make a good faith effort to contact the registered user or entity who allegedly posted the infringing material in order to give them the opportunity to make a Counter Notification in compliance with the DMCA.

Because parties providing Notice or Counter Notification under the applicable terms of the DMCA are required to state that the notice they submit is under penalty of perjury, any such party may wish to contact a lawyer before serving either a “Notice of Infringing Material,” or a “Counter Notification.”

Section 1: Notice of Infringing Material

To be effective, a notification of claimed infringement must be a written communication to our Designated Agent that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must send your written Notice to the Earth Clinic Copyright Agent for Notice of Claims of Copyright Infringement pursuant to the DMCA who is:

D. Layne – Designated Agent for DMCA Notices
Email: Contact Us Form

Upon receipt of a proper Notice pursuant to the DMCA, we will remove or disable access to the allegedly infringing material and promptly notify the subscriber of your claim. We also will advise the subscriber of the DMCA statutory Counter Notification procedure described below. The subscriber may then choose to respond to your claim and request that we restore this material.

Section 2: Counter Notification

If you believe copyrighted material has been removed by Earth Clinic by mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective a Counter Notification must be a written communication sent to our Designated Agent that includes substantially the following:

(i) Your physical or electronic signature.

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Earth Clinic may be found, and that you will accept service of process from the person who provided Notification to Earth Clinic under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

Send your written Counter Notification to the Earth Clinic Copyright Agent for Notice of Claims of Copyright Infringement pursuant to the DMCA, who is:

D. Layne – Designated Agent for DMCA Notices
Email: Contact Us Form

Section 3. Earth Clinic Response to Counter Notification

Upon receipt of a counter notification Earth Clinic will:

(i) promptly provide the person who provided the Notification to us under Section 1, above, with a copy of the Counter Notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days; and

(ii) replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent first receives notice from the person who submitted the Notification under 17 U.S.C. § 512 (c)(1)(C) [Section 1, above] that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our website.