Understory

Welcome to The Earthy Marketplace (“TEM”) Terms of Service.

The web pages available at theearthymarketplace.ie/ .com, mobile phone applications, web widgets, as well as all linked pages (collectively, our services), are owned and operated by The Earthy Marketplace. Throughout the site, the terms “we”, “us” and “our” refer to The Earthy Marketplace (“TEM”). TEM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read our **Link Privacy Policy** and these Terms of Use carefully before using the services.

Acceptance of Terms

By accessing theearthymarketplace.ie/.com, or by using any part of our services, you agree to become bound by these terms and conditions (including, without limitation TEM'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 TEM'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 characterised as an offer by TEM, acceptance is expressly limited to these terms.

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of Ireland.

Intellectual Property

1. Your TEM Account- If you create an account on the Website, (registered TEM featured business account or Patreon/ subscription user account), you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify TEM of any unauthorised uses of your account or any other breaches of security. TEM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors- If you post material to the Website, post links on the Website or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file or any other post-able content. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence and does not violate the privacy or publicity rights of any third party; the content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites and similar unsolicited promotional methods; the content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TEM or otherwise. you will conform to the regulations of the General Data Protection Regulation including (but not restricted to) the following: Inform your customers what information you collect about them and how it is processed. Give your customers the right to restrict that processing. Give your customers access to their data and agree to correct any incorrect information. Erase customer data if they request deletion.

The contents of the services are owned by or licensed to TEM or its affiliates. In the case of User Materials (as defined in the User Materials'' section below) the contents are licensed to TEM  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 TEM, except as provided below. All rights not expressly granted in these Terms of Use are reserved to TEM.

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 TEM or https://theearthymarketplace.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 website, 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 https://theearthymarketplace.com.

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

User Materials

Through the TEM 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 https://theearthymarketplace.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 TEM staff and on the Services by the general public. You acknowledge that the Services are for public and not private communications.

TEM 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 TEM elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If TEM has questions about your User Materials, TEM 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 TEM and may be published on our websites and/or in all other mediums. By submitting User Materials, you hereby grant TEM, 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, https://theearthymarketplace.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), TEM print publications, and other applications and services later devised, without payment and without further consent or notice to you. You further grant TEM, https://theearthymarketplace.com, and their licensees the right to contact you in connection with your User Materials and to use your member name, address, 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 websites (such Instagram, Facebook, and partner API sites where TEM 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 websites, applications and services, and to use your User Materials pursuant to these Terms of Use and the terms of use of the third party websites, 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 The Earthy Marketplace. You acknowledge and agree that The Earthy Marketplace 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 The Earthy Marketplace, 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 The Earthy Marketplace. You understand and intend that any photo, content, or information submitted by you to The Earthy Marketplace 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.

The Earthy Marketplace 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.

Content (Restrictions on Use)

You agree that you will not:

• use the services for promotional or commercial purposes, except as expressly permitted by The Earthy Marketplace;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Services Content (other than your own added content), except as expressly authorized by The Earthy Marketplace;
• reverse engineer any portion of the Services, except as may be permitted under the law;
• remove or modify any copyright, trademark or other proprietary rights notice on the Services or on any materials printed or copied off of the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Services or any Services Content with the exception of RSS feeds;
• access, retrieve or index the Services to construct or populate a searchable database of business reviews;
• reformat or frame any portion of the Services without consent by The Earthy Marketplace;
• take any action that (i) imposes or may impose, in The Earthy Marketplace's sole discretion, an unreasonable or disproportionately large load on our infrastructure or server, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypasses any measures we may use to prevent or restrict access to the Services;

User Conduct

As a condition of use of the Services, you promise not to use the Services or any services available on the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by The Earthy Marketplace. You understand that you are expected to respect the rights of others as a condition of your use of the Services.

Solely as examples, and not in any way limited to the following examples, you agree not to use the Services:

• To abuse, harass, threaten, stalk, impersonate, or intimidate other users of https://theearthymarketplace.com
• To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability
• For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
• To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any https://theearthymarketplace.com user
• To create or submit unwanted email or communications to any other users of https://theearthymarketplace.com
• To use or access the Services in any manner that violates any laws in your jurisdiction
• To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes)
• To attempt to impersonate another user or person
• To sell or otherwise transfer your profile.

The Earthy Marketplace Forums & Posting Services (“TEM Services2) incl. but not limited to The Notice Board, Earthy Offers, Earthy Events, public reviews and Suggest a Listing.

We place love, care, respect, honesty and integrity at the core of what we do. The Earthy Marketplace welcomes users who:

1. are concerned about their personal impact on the environment and interested in reducing their carbon footprint. (TEM believes that ultimately the solution to the climate emergency lies on the shoulders of governments and large corporations, alongside that, we as individuals can and should take personal responsibility for our own carbon footprints.)
2. want to practice conscious and ethical consumerism to live more sustainably, eat a plant-based diet and/or help support the local economy.
3. want to vote by using positive purchases to support businesses that reflect their ethics and values and prioritise sustainability and lack of cruelty above the drive for profit.
4. are plant-based i.e vegan, vegetarian or are interested in eating more ethically and sustainably by choosing more of your foods from plant sources.

and businesses who are defined by any of the following:

1. any plant-based food places that are vegan and/or vegan-friendly based in and operating out of the Republic of Ireland. In keeping with the conscious consumerism ethos of TEM, we believe that veganism is the most ethical and sustainable diet and therefore TEM reserves the right to promote food places who support veganism.
2. organic farmers and processors based in and operating out of the Republic of Ireland, selling plant produce (for example but not limited to seasonal fruit, vegetables,herbs, edible flowers, legumes, beans, lentils, grains and cereals) directly to customers. Offering farm gate collections, local deliveries and/or nationwide deliveries.
3. any small sustainable business based in and operating out of the Republic of Ireland that must be characterised by some or all of the following; 

• choose ethical and sustainable suppliers, that comply with international standards of human rights and environmental protection,
• buy in bulk to reduce packaging,
• source or produce organic, 
• are plastic-free, use only sustainable, natural, organic and or locally sourced material,
• donate a percentage of every purchase to support climate benefiting initiatives, NGO’s and/or charity/charities, 
• use eco-friendly coffee cups, cutlery, plates,  
• create high quality items in limited amounts, 
• use recyclable, reusable, repurposed and/or compostable materials,
• are plant-based (offer vegan/vegan-friendly options),
• seek to educate customers about the importance of sustainability,
• choose to reduce, reuse and recycle,
• support local environmental groups,
• Connect to power from green energy suppliers,
•  Use ethical banks,
• Promote sustainable production processes throughout the cycle.

TEM does not outwardly endorse the use of animal products, but we accept that some TEM featured businesses/farms and food places are not exclusively vegan and therefore will sell animal derived produce. TEM reserves the right, at its sole discretion, to modify the terms by which we define an applicable user or business to be granted account access on or through the services of https://theearthymarketplace.com, at any time and without prior notice.

Not allowed:

• Trolls, pro-meat/hunting/etc debate
• Personal attacks on other members
• Multiple accounts
• Content inappropriate for minors: profanity, sexual content, promoting illegal activities, etc.
• Members under 13 years of age
• Posting private contact information (address/phone/email/etc) of others
• Posting promotions unrelated to the ethos of TEM
• Posting promotion of animal abuse

Additional Forum Rules

• Please stay on topic
• Use descriptive thread titles
• Please report any violations
• Do not discuss private correspondence publicly (pm's, e-mail, etc) without permission from all parties involved.

Violators may be subject to warnings, suspensions, or banned from the TEM Services at the discretion of TEM's administrators.

Additional Reasons for User Content Removal or Account Suspension: here

Right to Terminate

TEM reserves the right, at its sole discretion, to modify, discontinue or terminate the TEM Services, Application or to modify these Terms, at any time and without prior notice. TEM may terminate or suspend any and all services provided to you, as well as the termination or suspension of any https://theearthymarketplace.com account immediately, without prior notice at any time and for any reason or no reason. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability. You may cancel your Account at any time. See Privacy Policy.

International Users

TEM is controlled and operated within the Republic of  Ireland. TEM makes no representation that content, materials or products available on or through https://theearthymarketplace.com are appropriate or available for use outside of the EU. If you are accessing https://theearthymarketplace.com from a location outside the EU, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content, and EU export laws and regulations

Links and Search Results

The Services may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. TEM has no control over these sites or the content within them. TEM cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. TEM does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the TEM Services to search for or link to another site, you agree and understand that you may not make any claim against TEM for any damages or losses, whatsoever, resulting from your use of the TEM Services to obtain search results or to link to another site. If you have a problem with a link from the TEM Services, please notify TEM, and TEM will investigate your claim and take any actions we deem appropriate at our sole discretion.

The service of the site, content and Services are provided on an As Is basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Spam Policy

You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through the TEM Services' computer systems in any way is expressly prohibited by these terms. Any unauthorised use of https://theearthymarketplace.com computer systems is a violation of these Terms, as well as certain state laws, including, without limitation, Section 9 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 (the “2001 Act”). Such violations may subject the sender and his or her agents to civil and criminal penalties.

Children Under Age 13:

TEM Services are not directed to children. Persons under the age of 13 are not permitted to use our Services without parental consent. If you are a country that has different regulations you expect to abide by your applicable local laws. TEM has no actual knowledge that it collects personal information from anyone under the age of 13. Any information found to be collected from someone under age 13 will be deleted promptly, and without notice. If you believe that we might have any information from or about a child under age 13, please contact TEM immediately.

Indemnity

By your use of the TEM Services, you agree to indemnify and hold harmless TEM and its customers from any liability, damage or cost (including reasonable attorneys' fees and cost) from any claim or demand made by any third party related to or arising from your access to the TEM Services, use of the services available on the TEM services, violation of these Terms of Use, or the infringement by you, or any third party using your account or site User ID, of any intellectual property or other right of any person or entity.

Limitation of Liability

You agree that in no event shall TEM be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the TEM Services, the services available on the TEM Services or any content available on the TEM Services for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, (ii) for interruption of use or loss or corruption of data; or (iii) for any direct damages in excess of (in the aggregate) €100. 

Disclaimer

If you create any Business or User Account on TEM, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the TEM Services. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TEM may change or remove any description or keyword that it considers inappropriate or unlawful. You must immediately notify TEM of any unauthorised uses of your account or any other breaches of security. You agree that TEM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

TEM has not reviewed, and cannot review, all of the material posted on or linked to theTEM Services, and cannot therefore be responsible for user posted content, use or effects. By operating the TEM Services, TEM does not represent or imply that it endorses the user material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking all necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and any harmful or destructive content.

You acknowledge that TEM has no control over, and no duty to take any action regarding: which users gain access to the TEM Services or use the services available on the TEM Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release TEM from all liability for you having acquired or not acquired content through the TEM Services or the services available on the TEM Services. The TEM Services may contain, or direct you to sites containing, information that some people may find offensive, inappropriate or otherwise objectionable, as well as content containing technical inaccuracies, violations of privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TEM makes no representations concerning any content contained in or accessed through the TEM Services or services available on the TEM Services, and TEM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the TEM Services or the services available on the TEM Services and disclaims responsibility for any resultant harm.

Contact Us

If you see content you believe to be objectionable or have any questions about these Terms of Use, please contact The Earthy Marketplace.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with TEM or in any way relating to your use of the TEM Services, resides in the Courts of the Republic of Ireland, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Republic of Ireland  in connection with any dispute including any claim involving TEM. These Terms and Conditions are governed by the laws of the Republic of Ireland, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement

These Terms of Use, the DMCA Compliance notice and the Privacy Policy constitute the entire and exclusive understanding and agreement between TEM and you regarding the TEM Services. These Terms of Use supersede and replace any and all prior oral or written understandings or agreements between TEM and you regarding the TEM Services.

The failure of TEM to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of any right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of TEM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.