Agreements and Privacy
Welcome to Imagipics! We are a unique website that has five different areas associated with it: epublication of digital artwork, the purchase of said digital artwork, a collaboration site for artists and those wishing to engage with artists, a blog dedicated to ideas to positively impact society, and a reading application called WePair which is a two-way video chat that is designed for family members to connect through books, music, and art. In addition, we are hoping to set up a tutorial section that provides sponsored lessons that some may find helpful.
Please read this entire document because many of our programs are intermeshed and each section provides useful information. For your convenience, the following hyper-links have been set forth to take you directly to the beginning of different areas of interest:
- Credit and Copyright Notices
- Part II: Warranties and Representations
- Part III:Indemnification and Liability
- Part IV:Additional Terms
- Further Terms pertaining to the interaction of ePublish and other programs such as Build A Masterpiece and WePair
Background, Definitions, and Intellectual Property
“Imagipics” is a project hosted by Green Mountain Initiatives, LLC and comprises the website and all its pages (unless otherwise indicated) located at https://imagipics.com/ and any subdomains.
We are focused on providing a means for artists to publish their digital artistic creations that will be offered for sale. The artists are strongly encouraged to copyright their works prior to uploading them to the site. Artists retain their intellectual property rights to their works and receive a one-time “royalty” of 50% of the sales price. Green Mountain Initiatives, LLC receives the other 50% of the sales price. When you include a Digital Content in ePublish, you do not give us the exclusive right to sell and distribute your Digital Content in digital format while your content is in ePublish, our Library, or elsewhere on our site. As a result, you are free to sell or distribute, or give anyone else the right to sell or distribute, your Digital Content (or content that is substantially similar), in digital format in any territory where you have rights. However, we retain the rights to use your Digital Content in any manner we desire, even after having withdrawn it from ePublish in accordance with the provisions specified below (to fulfill orders that have already been accepted, to support those that have paid a license, or if used in another program or artwork, such as in Build A Masterpiece from which it cannot easily be extracted), unless we specifically state otherwise.
If another has exclusive rights to your Digital Content you cannot submit it to ePublish. All Digital Content must be your own creative work. We reserve the right to determine the types of Digital Content that we accept in ePublish. We can choose not to accept your Digital Content in ePublish or to remove it from ePublish at any time in our discretion.
Companies and members of the public may buy the digital artistic content and use the material in accordance with the licensing agreement as described below.
We are also focused on bringing together different artists and other interested members of the public so that enhanced collaboration can occur (Build A MaterPiece).
In addition, we are interested in bringing together members of the public to present and provide constructive feedback on matters that have the potential to positively impact society (Our Idea Blog).
We wish to also bring families together by allowing them the opportunity to participate in reading, singing, and illustrating with loved ones in a two way video chat app called WePair.
We hope to develop a Tutorial page which will contain videos that are sponsored by other companies. Green Mountain Initiatives, LLC is not responsible for the content or material presented. Additionally, we may receive a payment for the placement of these tutorials, but we will have no control over any data that the sponsor may collect from you. Please contact those companies directly if you have any questions about how they handle data and information.
It doesn’t cost money to upload digital creative artworks or to participate in the Build a MasterPiece or Our Blog, however for security purposes, you are required to be registered as a member. You may be asked to provide personal information such as email address, physical address or PayPal information, and telephone number. This information is required so royalties that you earn can be distributed to you, we can communicate any changes to you, and to verify that you are a real person, among other possible reasons. We do not sell or share this information with other companies.
You are not required to be a member to view the Library, but you must be a member to buy Digital Content. We do not directly accept credit card information and thus do not store any credit card information. Instead, we work with PayPal to accept payments and any credit card information you provide is provided to them and not under our control.
WePair charges for membership. Data generated in this program may be collected in the aggregate, however will not be linked to individual members. For example, we will collect information on how many times a particular book is accessed from the Library so that appropriate royalties may be paid to the author(s) or in some cases, the publisher. However, no personal information, or information linked to a particular member, will be shared. In addition, other data, such as log data which indicates how long and between whom connections occur, may be gathered and used internally in order to provide better service and to perform troubleshooting or maintenance of the program. This data will not be shared with Third Parties, unless they are acting on our behalf for proper running of our application or in the case of a proper warrant by law enforcement authorities.
This is a legal agreement between you, or a company you are authorized to act on behalf of, and Green Mountain Initiatives, LLC. By entering into this agreement, you verify that your country of residence is the same as your billing address.
You may terminate this agreement at any time simply by deleting any digital content you uploaded to ePublish and notifying us via email (send to email@example.com) that you are terminating your account with Imagipics. However, if any material has been previously sold, the entity that bought the content may still use the content unless evidence is submitted that the content that was sold doesn’t rightfully belong to the entity that uploaded it. Please be aware that it may take up to ten business days for your account to be terminated and sales transactions may occur in the meantime. However, every effort will be made to act on the termination notice as soon as possible.
If you bought Digital Content that you do not desire to have, you may request a refund within ten days of purchase. Please read the below agreement for your rights and obligations under such situations.
If you desire to terminate your membership under WePair, notify us via email to firstname.lastname@example.org. If you have purchased a year-long membership, you may request a refund to be made for unused months, however except as required by law, we are under no obligation to refund any membership fees paid. Refund decisions will be made on an individual basis.
Please read this agreement carefully in its entirety before you download or use any content. By confirming the purchase of any content or downloading the content you have selected from this website you agree to be bound by the terms of this “Agreement” and the content usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused content and notify Green Mountain Initiatives by email to the following address: email@example.com within ten days from the invoice date for a full refund.
- “Green Mountain Initiatives, LLC” may be referred to as “Green Mountain Initiatives”, “Green Mountain”, or “GMI”
- “Imagipics” is a program under GMI that allows for the uploading and sale of digital artistic content.
- “Terms” refers to the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.
- “Content” refers to content available for license hereunder, including Images, Footage, Music, Apps, and any other items that are available for license from the GMI website.
- “Image(s)” refers to any photographs, vectors, drawings, illustrations, paintings, and the like available for license from the GMI website.
- “Footage” refers to any moving images, animations, films, videos, or other audio/visual representations, excluding still images, recorded in any format that are available for license from the GMI website.
- “Music” refers to musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed, which is available for license from GMI.
- “Apps” refers to an application or program downloadable to another device or other software available for license from the GMI website. The sole exception is the WePair app which is the sole property of Green Mountain Initiatives, LLC.
- “Contributor”, “Creator”, “Vendor”, “Artist”, or “Seller” refers to the party who has created and/or submitted the content to GMI.
- “Customer”, “Buyer”, or “Licensee” refers to the party who licenses to use the content from GMI.
- “GMI” or “Green Mountain” or “Green Mountain Initiatives” refers to Green Mountain Initiatives LLC.
- “Imagipic”, or “Imagipics” is an artistic program that provides for the uploading and selling of artistic content offered by Green Mountain Initiatives and may also refer to the artistic content available on GMI’s website.
- “Library” or “eLibrary” refers to the collection of artistic work displayed on GMI’s website.
- “ePublish” refers to the service and/or the section of the GMI website on which Imagipic content is uploaded.
- “Members” refers to contributors, purchasers, and others, who are registered with the website.
- “Build a Masterpiece” refers to the service and/or section of the GMI website that allows for collaboration between GMI members, requests for specific content, and general discussion among members.
- “WePair” refers to the real time two-way video chat service and the section of the GMI website or affiliated website that connects two or more members to a video chat room to allow for reading, drawing/painting, and/or music to be shared between members.
- “Invoice” refers to the computer-generated or pre-printed invoice or license document provided by Green Mountain Initiatives that may include, without limitation, details of the content selected, any limitations on the License in addition to those specified herein, the key terms of the License and the corresponding price for the License. The terms contained in the invoice or license document shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
- “License” means the non-exclusive (unless otherwise stated in the Invoice) non-sub-licensable right GMI grants to you to use specified content.
- “Reproduction” includes any form of copying or publication of the whole or part of any content whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any content (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Image or clip may not appear to a reasonable person to be derived from the original content.
- “License Fee” means any sum or sums payable to Green Mountain Initiatives LLC by you or the customer, in respect of the License.
- Credit and intellectual property rights
- Intellectual property rights are kept by the contributor or the originator of the items. Nothing herein is intended or shall be construed to transfer or assign any Intellectual Property rights, if applicable, of the Contributors or Green Mountain Initiatives to you. You acknowledge that all right, title and interest in and to the Content, including, without limitation, any applicable Intellectual Property rights therein remain with the Contributors, and nothing contained herein shall be construed to convey any rights or propriety interest in the Content other than the specific rights granted herein.
The Licensing Agreement that governs the sale of the Creative Content
Terms of Service pertaining to the Licensing Agreement
The following License and Terms of Service (“TOS”) constitute an agreement between Customer and GMI setting forth the rights and obligations with respect to any Content licensed by you, the customer. By agreeing to these TOS, you agree that these terms control your rights and obligations with respect to all Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TOS when you purchase any Content licenses. GMI reserves the right to modify these terms at any time in its sole discretion. GMI will notify you of any such change by an announcement on this page, your login page, and/or by other means to provide you the opportunity to review the modifications before they become effective. Modifications to these TOS will not apply retroactively. By continuing to download and/or use Content, you agree to be bound by all such changes. If you do not agree with any of the changes, do not download or use any Content.
Unless you purchase a “Multiple Subscription”, this is a single seat license authorizing one natural person to license, download, and use content. If you purchase a Multiple Subscription, the right to license, download, and use content is limited to the number of users permitted by that team subscription. Some licenses set forth herein may not be available for team subscription purchase. If you require a multiple Subscription-user account, or team subscription, please contact us directly. You may contact us at firstname.lastname@example.org.
PART I – CONTENT LICENSE
- Green Mountain Initiatives hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
A CONTENT LICENSE grants you the right to use content:
- As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.), subject to the restrictions as outlined below;
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books;
- As part of an advertising campaign;
- Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size;
- For your own personal, non-commercial use;
- Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s);
- In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale;
- Incorporated as elements of digital templates for sale or distribution;
- In Productions (i.e., all versions of a single audio-visual project or all versions of a single audio-only project in which Music is synchronized to narration in the context of a podcast episode, radio documentary, radio advertisement, or other similar audio-only production, a film, video, television series, advertisement, or other multimedia production) displayed or distributed to the public by any means now known or hereafter devised;
- In connection with a live performance;
- On websites; and
- In production (and in in-context trailers and promotions therefor), distributed via web based-viewing platforms or used in non-web based “industrial” contexts, which include trade shows, conferences, corporate Events, internal corporate Use, and point of sale.
If you desire to use the content for other purposes, please contact us at email@example.com.
- RESTRICTIONS ON USE OF CONTENT
YOU MAY NOT:
- Use Content other than as expressly provided by the license you purchased with respect to such Content unless you have received express written permission from us first;
- Portray any person depicted in Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities;
- Use any Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal;
- Use Content designated “Editorial Use Only” for commercial purposes;
- Resell, redistribute, provide access to, share or transfer any Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content;
- Use Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition;
- Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof;
- Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage;
- Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content;
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute to any third-party the Content or the right to use the Content separate and apart from the Production in which (pursuant to your license) it is embodied;
- Resell, redistribute, provide access to, share or transfer any Content except as specifically provided herein;
- Manufacture, distribute, sell or otherwise exploit “records”, CDs, mp3s or any other audio product embodying sound alone which incorporates Music, other than an audio-only Production expressly described in the definition of “in Productions” above. For the purpose of this subparagraph the term “records” means all forms of reproductions, whether now known or hereafter devised, manufacture or distributed primary for home use, school use, or juke box use, embodying sound alone (excluding synchronized material);
- Use the Content in connection with other material that is pornographic, defamatory, libelous, obscene, immoral, illegal or that otherwise violates any right(s) of any third party(ies);
- Violate export laws, restrictions or regulations, by shipping, transferring or exporting Content into any country in violation of any export laws, restrictions or regulation;
- Use, sell, sublicense, reproduce, distribute, display, incorporate into or otherwise make Content, in whole or in part, available as, or as part of, production library content, or downloadable files or include the Content or any derivative work incorporating the Content in any other stock product, library, or collection;
- Remix, mashup, or otherwise alter the Music, Footage, or other Content, except that you may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this agreement; or
- Use Content in a Production in which the Content is the primary content.
CREDIT AND COPYRIGHT NOTICES
- The use of Content in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by an adjacent credit to the Imagipics contributor and to Imagipics in substantially the following form:
“Name of Artist/imagipics.com”
- If and where commercially reasonable, the use of Content in Merchandise or a Production shall be accompanied by a credit to Imagipics in substantially the following form:
“Image(s) or Footage (as applicable), used under license from imagipics.com”
- Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
- In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
- In the event any public performance licenses are required for the use of Content authorized under this agreement, you shall be responsible for obtaining such licenses at your sole expense. Notwithstanding anything to the contrary contained in this agreement: (a) in the event the laws of any jurisdiction require that, in order to avoid infringement or the violation of any third party rights, licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under this agreement, you shall be responsible for obtaining and paying for such licenses at your sole expense; and (b) this agreement does not include any so-called “moral rights” or like rights. You will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s) and furnish a copy of each such cue sheet to Green Mountain Initiatives via email to firstname.lastname@example.org.
- You may publish Productions incorporating Content on third party “user-generated” content distribution platforms (e.g., YouTube) (each a “UGC Platform”). You may not claim ownership of the Content or otherwise register any Content with any UGC Platform. If you become aware that any third party claims any ownership interests in any Content, you agree to promptly notify Green Mountain of each such claim.
- When incorporating the Content in the type of Production in which copyright attribution is customary, you shall provide credit in substantially the following form:
“‘[Music Title]’ performed by [Artist], used under license from Imagipics”
Part II – WARRANTIES AND REPRESENTATIONS
- Green Mountain Initiatives warrants and represents that:
- GMI’s contributors have granted Green Mountain all necessary rights in and to the Content to grant the rights set forth in Part I.
- GMI’s contributors have assured GMI that Content in its original unaltered form and used in full compliance with this agreement and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
- While Green Mountain makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, GREEN MOUNTAIN INITIATIVES MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) VISUAL AND OTHER CONTENT. For the sake of clarity, Green Mountain will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Visual and other Content.
- GREEN MOUNTAIN INITIATIVES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.
PART III – INDEMNIFICATION AND LIABILITY
- Green Mountain shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.
- You will indemnify and hold Green Mountain, its officers, employees, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by these TOS. You further agree to indemnify Green Mountain for all costs and expenses that Green Mountain incurs in the event that you breach any of the terms of this or any other agreement with Green Mountain Initiatives.
PART IV – ADDITIONAL TERMS
- Except when required by law, Green Mountain Initiatives shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. If you purchase a subscription plan, you authorize GMI to charge you the full subscription fee for the duration of the term agreed to at the time of purchase. If your subscription plan auto-renews, GMI will charge you for each automatic renewal until you timely disable automatic renewal in your account settings. In the event that GMI determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
- If Green Mountain Initiatives is required to collect indirect taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where GMI is not required to collect indirect tax from you, you may be required to self-assess said tax under the applicable laws of your country of residence.
- “Non-transferable” as used herein means that except as specifically provided in this agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Green Mountain of each such social media website’s use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at admin@.imagipics.com.
- Upon notice from GMI or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which GMI may be liable, or if GMI removes any Content for any reason and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Green Mountain Initiatives shall provide you with comparable Content (which comparability will be determined by GMI in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this agreement.
- If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Green Mountain, upon GMI’s reasonable request.
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of Maryland. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Green Mountain shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of GMI, such action is necessary or desirable.
- This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. This agreement is governed by and shall be construed in accordance with the laws of the State of Maryland, without respect to its conflict of laws principles.
- If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to GMI for any breaches of the terms of this agreement. You hereby grant GMI a worldwide, non-exclusive, limited license to use your trademarks in GMI’s promotional materials, including a public customer list. GMI’s use of your trademarks shall at all times conform to your then-current trademark use policies as made available to GMI and shall at all times inure to your benefit. Green Mountain Initiatives further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by GMI of your email request to email@example.com.
- The number of Content downloads available to you is determined by the product you purchase. For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if we offer you a monthly subscription that you purchase on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your Subscription will renew on September 30.
- Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase of any automatically renewing, installment payment or recurring subscription product shall apply only to the first installment thereof.
- If any individual term of this agreement is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this agreement, so that this agreement shall otherwise remain in full force and effect.
- It is expressly understood and agreed that this agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this agreement as to third parties.
- In the event that you breach any of the terms of this or any other agreement with Green Mountain Initiatives, GMI shall have the right to terminate your account without further notice, in addition to GMI’s other rights at law and/or equity. GMI shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
- Except as expressly set forth herein, Green Mountain grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in the Content, music or other audio in Footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Content. Green Mountain only has model or property releases where expressly indicated on the GMI website.
- In no event, will GMI’s total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Green Mountain Initiatives websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by GMI from you for the applicable Content license.
- Neither Green Mountain nor any of its officers, employees, managers, members, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, GMI’s breach of this agreement, or otherwise, unless expressly provided for herein, even if GMI has been advised of the possibility of such damages, costs or losses.
- Except as expressly set forth in Part II, all Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
- Green Mountain Initiatives does not warrant that the Content, GMI websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
- In the event that you use fraudulent information to open an account or otherwise engage in any criminal activity affecting GMI, Green Mountain will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center. Interest on overdue Invoices and reasonable recovery costs may be assessed.
- Unless otherwise agreed by us in writing, all Invoices are payable by you upon download. If you do not make full payment of an Invoice on time we reserve the right to charge interest on the outstanding amount at the rate of one and a half percent (1.5%) per month from the date payment was due until payment is received by GMI.
- You should make sure that you examine the Image(s)/Footage for possible defects (whether digital or otherwise) before sending the Image(s)/Footage for Reproduction. GMI shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image(s)/Footage or its caption or in any way from its Reproduction.
- Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Content purchased.
- The License will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Content may in some instances constitute an infringement of copyright and/or other Intellectual Property rights.
- The License is conditional on you not being aware of or having received, prior to licensing any Content, any correspondence, representations, complaints or Claims from GMI or third parties (collectively ‘Claims’) alleging that the Content in question is in breach of copyright or other third party Intellectual Property rights or is in some other way unauthorized. Any such Claims existing at the time the Content is purported to be licensed will render any License granted void from the beginning. Any use of in-copyright Content in a manner not expressly authorized by this Agreement may constitute copyright infringement, entitling Green Mountain Initiatives to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any Claims by a third party. In addition and without prejudice to GMI’s other remedies under this Agreement, GMI reserves the right to charge and you agree to pay a fee equal to up to five (5) times GMI’s standard License fee for the unauthorized use of the Content.
- In the event GMI retains an attorney or collection agency to collect any outstanding payment due by you, you agree to pay all collection costs, attorneys’ fees and court costs relating thereto, in addition to any outstanding amounts due and applicable interest.
- You recognize that the Content possess a special, unique and extraordinary character which makes difficult the assessment of monetary damages which GMI or its Contributors might sustain by an unauthorized use. You agree that irreparable injury would be caused to GMI or its Contributors by such unauthorized use, and that injunctive relief may be appropriate in the event of breach of this Agreement.
- If after notice to you, you fail to take any action which you are obliged to take hereunder, Green Mountain Initiatives and its Contributors shall have the right and option, but not the duty, to bring an action for specific performance to compel such action, and obtain all reasonable costs, expenses, attorney’s fees and disbursements with respect thereto if such specific performance is awarded by a court of competent jurisdiction.
- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns.
- This Agreement supersedes all prior understandings both oral and written between the Parties and constitutes the entire agreement between the Parties.
Imagipics, ePublication, Build A Masterpiece, Our Idea Blog, WePair, and other programs Terms and Conditions
This agreement (the “Agreement”) is a binding agreement between the individual or the entity identified in your Green Mountain Initiatives (“GMI” or “Green Mountain”) account (“you” or “Publisher” or “Contributor”) and Green Mountain Initiatives LLC, or any other future affiliated parties. It is understood that all references to “Green Mountain Initiatives”, “Green Mountain”, or “GMI” refers to “Green Mountain Initiatives LLC”. “Imagipics” is a program hosted by Green Mountain Initiatives and refers to ePublishing of artistic digital Content in our Library and other content presented and affiliated with the GMI website, such as “Build A Masterpiece”, “WePair”, and “Our Idea Blog”.
This Agreement provides the terms and conditions of your participation in the GMI self-publication and distribution program (the “Program”) and your distribution of Digital Content through the Program (“Imagipics”, “Book Repository”, “Art Gallery”, “Music Hall”, “Apps”, “Education”, “WePair”, and any other services we provide), and comprises:
- the terms in this document;
- the Pricing document;
- the Policies document;
- the Licensing agreement;
- the Privacy Notice; and
- any other current and future documents provided on the GMI website.
Any version of this Agreement in a language other than English is provided for convenience and the English language version will control if there is any conflict. Given the importance of this Agreement, we encourage you to study it carefully. We welcome feedback on this Agreement at firstname.lastname@example.org.
1. Agreement Acceptance.You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you’re given the option to do so or (b) by using the Program, or any part of it. If you don’t accept the terms, you are not entitled to use the Program. If the Publisher is an entity, the individual person who accepts this Agreement for the Publisher represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher to the terms of this Agreement.
2.Agreement Amendment. The Program will change over time and the terms of this Agreement will need to change over time as well. We reserve the right to change the terms of this Agreement at any time in our sole discretion. We will give you notice of the changes by posting new terms in place of the old at https://imagipics.com/registration-page/ with a revision date indicated at the top or by sending an email to the email address used to register your Program account. Here are the rules for when changes will be effective and binding on you:
2.1 Changes to Agreement Terms Other than Those in Sections 5.4.1 (Royalties) and 5.5 (Grant of Rights). Changes to terms of this Agreement other than those contained in Section 5.4.1 (Royalties) and 5.5 (Grant of Rights) will be effective on the date we post them, unless we otherwise provide at the time we post the changes. You are responsible for checking for updates and your continued use of the Program after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must withdraw your Digital Content from further distribution through the Program and terminate your use of the Program.
2.2 Changes to the Terms of Sections 5.4.1 (Royalties) and 5.5 (Grant of Rights). Changes to terms of this Agreement contained in Sections 5.4.1 (Royalties) and 5.5 (Grant of Rights) will be effective and binding on you on the date 30 days from posting or on the date you accept the changes, whichever first occurs. You accept the changes by either (a) clicking agree or accept where you’re given the option to do so or (b) by using the Program to make additional Digital Content available through the Program. Changes to the terms of Sections 5.4.1 and 5.5 will only apply prospectively with respect to Digital Content sold after the date thirty days from our posting of the changes, unless you accept the changes as provided above. If you do not accept the changes, you must withdraw your Digital Content from further distribution through the Program and terminate your use of the Program prior to the date thirty days from our posting of the changes. Note that we may make acceptance of changes a condition to continued use of the Program.
3. Term and Termination. The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your Program account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your Digital Content within 10 business days from the date you provide us notice of termination. We may also suspend your Program account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfill any customer orders for your Digital Content pending as of the date of termination or suspension, and we may continue to maintain digital copies of your Digital Content in order to provide continuing access to or re-downloads of your Digital Content or otherwise support customers who have purchased any Digital Content prior to termination or suspension. All rights to Digital Content acquired by customers will survive termination. We also reserve the right to use any Digital Content on our website in any manner that we consider appropriate once it has been uploaded. Uploading Digital Content on our website conveys to us the same rights that sale of the Digital Content conveys to third parties who purchase the Content even though no sale technically occurred.
4. Account Eligibility and Registration.
4.1 Eligibility. You must have an active Program account in order to participate in the Program. You represent that you are at least 18 years old (or the age of majority where you reside, whichever is older), and that you are able to form a legally binding contract. A parent or guardian of a minor can open a GMI account and be the Publisher of the minor’s Digital Content. For WePair, a parent or legal guardian must agree for the children to have video contact chat through the program and must approve the request to connect with the originator, such as the grandparent.
4.2 Account Information; No Multiple Accounts. You must ensure that all information you provide in connection with establishing your Program account, such as your name, address and email, is accurate when you provide it, and you must keep it up to date as long as you use the Program. You may maintain only one account at a time. If we terminate your account, you will not establish a new account. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide. You also consent to us sending you emails relating to the Program and other publishing opportunities from time to time. This takes precedence over any directions you may have given us, including through the Green Mountain Initiatives/Imagipics web site. Your account information will not be sold or shared with third parties, unless they are contracting with us to support a part of our program and only if they need the information to provide the service. The only other exception is when information may be shared with law enforcement authorities if required to do so.
4.3 Account Security. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Program through your account and will not use the account of any third party. You agree to immediately notify Green Mountain Initiatives of any unauthorized use of your username, password or account by sending an email to email@example.com.
5 Digital Content Distribution Rights
5.1 Delivery, Acceptance and Withdrawal.
5.1.1 Delivery. You must provide to us, at your own expense each Digital Content you desire to distribute through the Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.
5.1.2 Content Requirements. You must ensure that all Digital Content is in compliance with our Program Policies for content at the time you submit it to us. If you discover that content you have submitted does not comply, you must immediately withdraw the content by un-publishing it or by re-publishing content that complies, using the Program procedures for Digital Content withdrawal or re-publishing. We are entitled to remove or modify the metadata and product description you provide for your Digital Content for any reason, including if we determine that it does not comply with our content requirements. We may also remove all or any part of your Digital Content’s cover art for any reason, including if we determine that it does not comply with our content requirements. You may not include in any Digital Content any advertisements or other content that is primarily intended to advertise or promote products or services. You must ensure that all metadata you provide to us is current, complete, and accurate. If you discover that any metadata you have provided to us for a Digital Content is inaccurate or incomplete, you must promptly submit corrected metadata to us through the Program procedures for metadata submission.
5.1.3 Digital Content Rejection. We are entitled to determine what content we accept and distribute through the Program in our sole discretion. If we request that you provide additional information relating to your Digital Content, such as information confirming that you have all rights required to permit our distribution of the Digital Content, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Digital Content and the accuracy of the information or documentation you provide to us with respect to those rights.
5.1.4 Digital Content Withdrawal. You may withdraw your Digital Content from further sale in the Program at any time on ten business days advance notice by following the then current Program procedures for Digital Content withdrawal or un-publishing. We may fulfill any customer orders completed through the date the Digital Contents are available for sale. All withdrawals of Digital Contents will apply prospectively only and not with respect to any customers who purchased the Digital Contents prior to the date of removal.
5.1.5 Reformatting. We may, in our discretion, reformat your Digital Content, and you acknowledge that unintentional errors may occur in the process of reformatting of your Digital Content. If any such errors do occur, you may remove the affected Digital Content from further sale in the Program as provided in Section 5.1.4 above, and this will be your only remedy for the errors. We may also, in our discretion, correct any errors existing in a Digital Content file as you deliver it to us.
5.2 Marketing and Promotion, Reviews, Lending Digital Content and Optional Programs and Services
5.2.1 Marketing and Promotion. We will have sole discretion in determining all marketing and promotions related to the sale of your Digital Content through the Program and may, without limitation, market and promote your Digital Content by making chapters or portions of your Digital Content available to prospective customers without charge, and by permitting prospective customers to see excerpts of your Digital Content in response to search queries. We will not owe you any fees for any marketing or promotional efforts nor will we charge you for such activities. You acknowledge that we have no obligation to market, distribute, or offer for sale any Digital Content, or to continuing marketing, distributing or selling any Digital Content after we have commenced doing so.
5.2.2 Reviews. You are subject to the same guidelines as any other customer contributing a review to a Green Mountain Initiatives website. We reserve the right to remove any review or content that violates the Green Mountain Initiatives/imagipics guidelines or policies.
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5.2.4 Optional Programs and Services. We may make available to you optional programs and services through GMI. Terms and conditions for those optional programs and services correspond to the terms and conditions outlined here. Further information may be included at the end of this Agreement. Those terms and conditions are part of this Agreement.
5.3.1 Providing Your List Price. It is understood that the suggested list price you provide upon upload of any Digital Content is only a suggested price. We deserve the right to change the price at any time and for any reason. Any royalties are calculated based on the price that the Digital Content actually sells for exclusive of any taxes or fees. The Pricing Page may have additional information or requirements for List Prices that you must comply with.
5.3.2 Currency Conversion. In general, sales are conducted in U.S. dollars. However, we may sell your Digital Content using multiple currencies. When we do, we may convert the List Price to other currencies (each, a “Sale Currency”) at an exchange rate we determine. We may periodically update the converted List Price in order to reflect current exchange rates. For purposes of royalty calculations, the exchange rate that was paid at the time of the transaction will be factored into the calculations.
5.3.3 Use of Digital Content by Green Mountain Initiatives. When you upload your Digital Content to our website, you are giving us permission to use your content in any manner that we see fit. We may, for example use it in marketing campaigns, or within any of the programs hosted by the website (i.e. “Build A Masterpiece”, “WePair”, etc). We will not pay you royalties if we use the content in a manner that does not generate licensing or other such fees.
5.3.4 Customer Prices. To the extent not prohibited by applicable laws, we have sole and complete discretion to set the retail customer price at which your Digital Content is sold through the Program. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service, and will have sole ownership and control of all data obtained from customers and prospective customers in connection with the Program. We will not sell or distribute any personal data, except as necessary for the furtherance of our mission as a company, or to comply with law enforcement activities.
5.4 Royalties and Payments.
5.4.1 Royalties. If you are not in breach of your obligations under this Agreement, for each Digital Content sold to a customer through the Program, the Green Mountain Initiatives party that made the sale (or whose affiliate made the sale) will pay you the applicable Royalty (currently 50% of the net sales price collected) as set forth in the Pricing Page, net of refunds, bad debt, and any taxes charged to a customer or applied with respect to sales to a customer. Green Mountain Initiatives LLC reserves the rights to use any of your Digital Content for our own purposes without paying royalties, with the exception of when that Digital Content is used by paying customers through programs such as “WePair”. Royalties paid under such programs will be dependent on the amount of usage, the number of customers, and the money generated under the program. For more information see the section on the WePair fund payments.
5.4.2 When We Pay You. Green Mountain Initiatives LLC will pay Royalties due on Digital Content sales at the end of every calendar year, or after Royalties total more than $100 U.S., or at the discretion of Green Mountain Initiatives. At the time of payment, we will make available to you an online report detailing sales of Digital Contents and corresponding Royalties.
5.4.3 Payment Currencies. All Royalties will be paid in the currency of U.S. dollars, or the current Green Mountain Initiatives-determined conversion rate thereof. If we pay you in a currency other than the Sale Currency, we will convert the Royalties due from the Sale Currency to the payment currency at an exchange rate we determine, which will be inclusive of all fees and charges for the conversion.
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5.4.5 Payment Policies. We may require you to provide certain information (such as your address) or to register a valid bank or PayPal account in your GMI account in order to receive any Royalty payments, in which case we will not be obligated to make Royalty payments to you unless you have done so. We may establish other payment policies from time to time, such as minimum payment amounts for different payment methods and check fees.
5.4.6 Payment Disputes. You may not bring a suit or other legal proceeding against us with regard to any statement unless you bring it within six months after the date the statement is available. Any such proceeding will be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest.
5.4.7 Offsets, etc. We can withhold Royalties and offset them against future payments as indicated below. Our exercise of these rights does not limit other rights we may have to withhold or offset Royalties or exercise other remedies.
- If we pay you a Royalty on a sale and later issue a refund, return, or credit for that sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties, or require you to remit that amount to us.
- If a third party asserts that you did not have all rights required to make one of your Digital Contents available through the Program, we may hold all Royalties due to you until we reasonably determine the validity of the third party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and warranties or the Content Guidelines or Policies located in our Program Policies with regard to a Digital Content, we will not owe you Royalties for that Digital Content and we may offset any of those Royalties that were previously paid against future Royalties, or require you to remit them to us.
- Upon termination of this Agreement, we may withhold all Royalties due for a period of three months from the date they would otherwise be payable in order to ensure our ability to off-set any refunds or other offsets we are entitled to take against the Royalties.
- If we terminate this Agreement because you have breached your representations and warranties or our Program Policies, you forfeit all Royalties not yet paid to you. If after we have terminated your account you open a new account without our express permission, we will not owe you any Royalties through the new account.
5.4.8 Taxes. The Green Mountain Initiatives parties (or their affiliates) are responsible for collecting and remitting any and all taxes imposed on their respective sales of Digital Contents to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by a Green Mountain Initiatives party under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. The Green Mountain Initiatives parties maintain the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.
5.5 Grant of Rights. You grant to each Green Mountain Initiatives party, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to distribute Digital Content, directly and through third-party distributors, in all digital formats by all digital distribution means available. This right includes, without limitation, the right to: (a) reproduce, index and store Digital Content on one or more computer facilities, and reformat, convert and encode Digital Content; (b) display, market, transmit, distribute, sell and otherwise digitally make available all or any portion of Digital Content through Green Mountain Initiatives LLC Properties, for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to “store” Digital Content that they have purchased from us on servers (“Virtual Storage”) and to access and re-download such Digital Content from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute (i) your trademarks and logos in the form you provide them to us or within Digital Content (with such modifications as are necessary to optimize their viewing), and (ii) portions of Digital Content, in each case solely for the purposes of marketing, soliciting and selling Digital Content and related Green Mountain Initiatives offerings; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata that you provide in connection with Digital Content; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Digital Content as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). In addition, you agree that we may permit our affiliates and independent contractors, and our affiliates’ independent contractors, to exercise the rights that you grant to us in this Agreement. “Green Mountain Initiatives LLC Properties” means any web site, application or online point of presence, on any platform, that is owned or operated by or under license by Green Mountain Initiatives or co-branded with Green Mountain Initiatives, and any web site, application, device or online point of presence through which any Green Mountain Initiatives Properties or products available for sale on them are syndicated, offered, merchandised, advertised or described. You grant us the rights set forth in this Section 5.5 on a worldwide basis; however, if we make available to you a procedure for indicating that you do not have worldwide distribution rights to a Digital Content, then the territory for the sale of that Digital Content will be those territories for which you indicate, through the procedure we provide to you, that you have distribution rights.
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5.7 Rights Clearances and Rights Dispute Resolution. You will obtain and pay for any and all necessary clearances and licenses for the Digital Content to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner. If you notify us through email at firstname.lastname@example.org to make a claim(s) of copyright infringement that a third party has made a Digital Content available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we may pay you the Royalties due in connection with any sales of the Digital Content through the Program, and will remove the Digital Content from future sale through the Program, as your sole and exclusive remedy.
5.8 Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee’s delivery of any content, you will have obtained all rights that are necessary for the exercise of the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Digital Content delivered under the Program comply with the technical delivery specifications provided by us; and (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Digital Content or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable under this Agreement if the co-contributors and required data are not listed on the upload forms. To the fullest extent permitted by applicable law, you will indemnify, defend and hold Green Mountain Initiatives LLC, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled to participate in the defense and settlement of the claim or action with counsel of our own choosing.
6 Ownership and Control of Green Mountain Initiatives LLC Properties/ Feedback. Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Digital Content. We retain all ownership rights in and to the copyrights and all other rights and interests in and to the Program, the Green Mountain Initiatives LLC Properties, and any materials we use or provide to you for use relating to your Digital Content (such as in WePair). We are solely responsible for, and will have full discretion with respect to the terms, features, and operation of the Program and the Green Mountain Initiatives LLC Properties and related marketing, but our use of the Digital Content will be subject to the terms of this Agreement. In the event that you elect to provide suggestions, ideas, or other feedback to Green Mountain Initiatives or any of its affiliates in connection with the Green Mountain Initiatives LLC Properties or the Program (“Feedback”), Green Mountain Initiatives and its affiliates will be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.
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8 Limitation of Liability. The Program is provided “as is”. We will in no event be liable for any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, exemplary or reliance damages arising from or in relation to this agreement, or the use of any of the Programs. In no event will our liability under this agreement exceed the amount of fees due and payable by Green Mountain Initiatives, LLC under this agreement for the twelve-month period preceding the claim. We specifically disclaim, with respect to all services, software, content or products provided by or on behalf of us in connection with this agreement, all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The ePublisher acknowledges and agrees that Green Mountain Initiatives, LLC cannot ensure that digital content submitted by or on behalf of the ePublisher will be protected from theft or misuse or that customers will comply with any content usage rules that Green Mountain Initiatives may make regarding the use of digital content. Green Mountain Initiatives will have no liability arising from a failure of any security system or procedure, or the failure of any customer to comply with any content usage rules. We strive to make our systems and processes error-free and efficient, but we cannot guarantee that they will be, and we will have no liability arising from system or process failures, interruptions, inaccuracies, errors, or latencies.
9 Force Majeure. Green Mountain Initiatives LLC will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
10 General Legal Provisions
10.1 Disputes. Any dispute or claim relating in any way to this Agreement or GMI will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Green Mountain Initiatives LLC, care of our registered agent Northwest Registered Agent Service, Inc., 5000 Thayer Center, STE C, Oakland, MD 21550, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879 (in the United States). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Maryland or at another mutually agreed location. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies. You may bring any such suit for injunctive remedies only in the courts of the State of Maryland, USA.
10.2 Applicable Law. The United States Federal Arbitration Act, applicable United States federal law, and the laws of the state of Maryland, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Green Mountain Initiatives LLC relating to this Agreement or the Program.
10.3 Other Legal provisions. This Agreement may not be amended, except in writing signed by both parties or as provided in Section 2 above. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party’s rights to subsequently enforce the provision. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by a Green Mountain Initiatives party, via email, via a posting on the Program website or via a message through your Program account, or (ii) if by you to Green Mountain Initiatives LLC, via email to email@example.com with a copy to Northwest Registered Agent Service, Inc. Notices will be effective and deemed received on the date transmitted or posted.
Terms and Conditions for Programs and Services for ePublish and affiliated programs such as Build A Masterpiece and WePair.
- Terms and Conditions for Content included in the WePair Program. WePair is a program that pulls Content from the ePublish Library. Uploading your Digital Content to ePublish means that you agree that your Content may be included in subscription programs within WePair or WePair affiliates, where it will be eligible to earn a share of a yearly cash fund. Additionally, by including your Digital Content in ePublish, your Digital Content will be eligible for various other Imagipics Benefits, such as potential inclusion in the Build a Masterpiece program.
- When you include a Digital Content in ePublish, you do not give us the exclusive right to sell and distribute your Digital Content in digital format while your content is in ePublish, our Library, or elsewhere on our site. As a result, you are free to sell or distribute, or give anyone else the right to sell or distribute, your Digital Content (or content that is substantially similar), in digital format in any territory where you have rights. However, we retain the rights to use your Digital Content in any manner we desire, even after having withdrawn it from ePublish, unless we specifically state otherwise.
- WePair Fund. We will establish a fund where you can earn a share of the fund periodically where the amount received by Contributors to ePublish is based on the number and price of paid subscriptions to WePair, the number of times that your digital Content was accessed by WePair subscribers, and the number of items that were accessed by customers in the WePair program. These shares are your total Royalty for customer access to your Digital Content through the WePair program. We will set, in our discretion, the criteria for determining how much of your content is read and how to determine the proportionate allocation of the fund. We may publicly announce the top Digital Content, including the author, publisher, number of qualified reads and borrows, and ePublish fund royalties earned.
- Build a Masterpiece. Your Digital Content, once loaded into ePublish, may be used by others to build a book, music, artwork, or app, in the Build a Masterpiece program. Such completed masterpieces may be uploaded by others into ePublish. As a result, you may earn Royalties on how others use work that you have submitted in part.
- Period of Participation. Once you include a Digital Content in ePublish, your Digital Content, even if removed by you at a later date, may still be available for other uses on the site, such as, but not limited to, WePair and Build a Masterpiece, depending on how the work is integrated into the programs. We reserve the right to remove your digital content from our site at any time in our discretion.
- Content Eligibility. If another has exclusive rights to your Digital Content you cannot upload it in ePublish. All Digital Content must be your own creative work. We reserve the right to determine the types of Digital Content that we accept in ePublish. We can choose not to accept your Digital Content in ePublish or to remove it from ePublish at any time in our discretion.
- Your Commitment. Your commitment to these terms and conditions is important, and the benefits we provide to you as part of these programs are conditioned on your following through on your commitments. If you don’t comply with these ePublish or Green Mountain Initiatives’ terms and conditions, we will not owe you Royalties for that Digital Content.
- Build a Masterpiece Program. When you upload Digital Content to ePublish, your work is automatically enrolled in the Libraries program where it is offered for sale to Customers. If you choose to do so, you may provide a sample of your work (that has already been submitted to ePublish) to Build A Masterpiece program in order to encourage collaboration between you and other artists or members. For example, if you are an illustrator, you may submit a representative illustration to the page in order to invite collaboration from other artists or members. For example, a children’s author may be looking for an illustrator and decides that your style of illustration would match the book they would like to make. The author may contact you and suggest working together to build a children’s book that is subsequently uploaded to ePublish. Other examples include a song you submit that may be used in a video or a photograph in an app. You will receive Royalties on any subsequent sale that results in the sale of your Digital Content. We strongly encourage you to copyright and to ePublish any work that you make in a collaboration prior to submitting it for collaboration in order to protect your work. Please note that we cannot be liable for the result of any collaborations, and you assume all risk associated with the use of this program.
To the extent not prohibited by applicable local laws, we have sole and complete discretion to set the retail customer price at which your Digital Content is used and subsequently sold through Green Mountain Initiatives programs.
With respect to personal data received, Green Mountain Initiatives is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Green Mountain Initiatives may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Succinctly, we do not sell any personal information, nor do we share it with the exception of the following cases: law enforcement or other government authorities when presented with evidence of criminal activities; and companies or persons that we contract with in order to carry out our duties (for example, we may hire an accounting firm to review our payments). We require certain information from you so that we can verify your identity and send you any payments you may have earned. In addition, we collect data in order to make our website and services more efficient. Finally, we may share data with affiliated companies that has been stripped of any identifiable personal information. For example, we may notify publishers that we contract with the number of times that their books in WePair are accessed. We need to do this in order to ensure that they receive proper compensation. We do not store credit card information because all payments are processed either through PayPal or check, so you do not need to worry that your financial information can be compromised. We may from time to time recognize top-selling artists on our site or other promotional services. We may also use your company’s trademark or other information to promote our products and services.
ENTITIES COLLECTING PERSONAL INFORMATION
Personal Information on this Site is collected by Green Mountain Initiatives, LLC, 5000 Thayer Center STE C, Oakland, MD, 21550, USA and is used to enhance our products and services more efficient. Information that is disassociated from personal identifiers may be shared with Third Party affiliates, such as publishers providing books and services to the program WePair.
UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES
You may change, correct, or delete your personal information on your Dashboard at any time. Please keep in mind that this information may be required in order to ensure proper payment of any royalties owed.
COLLECTION OF PERSONAL INFORMATION
As a visitor to the Site, you can engage in many activities without providing any Personal Information.
However, when you order products or services as a Green Mountain Initiatives/Imagipics subscriber, we may collect the following Personal Information from you:
- Contact information such as your name, phone number, address and email address; and
- Demographic information such as your job title, job description and company name and company type.
- Please note that billing information, such as credit card information, is submitted by you to PayPal and is not available to us.
If you submit content to Green Mountain Initiatives for licensing, you may be asked to provide the following information:
- Contact information such as your name, phone number, primary address, and email address.
- Payment and contributor information including, but not limited to, payout method (check or PayPal), payout email, desired display name, skill level, content focus, etc.
Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity within a reasonable timeframe, you may not be able to be paid. It is your responsibility to make sure the information you provide is accurate and complete. If we are not able to make payment, we will attempt to contact you but are not under any obligation to do so.
As is true of most websites, when you use the Site, Green Mountain Initiatives or third parties authorized by Green Mountain Initiatives may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Green Mountain Initiatives also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.
In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the Personal Information you submit to us with information from third-party sources. For example, we may supplement your contact information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database. In the future, as permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in artistic field) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.
INFORMATION SHARING WITH SERVICE PROVIDERS / AGENTS
Green Mountain Initiatives uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose. Currently, we are working with PayPal.
We also share Personal Information with certain companies that perform services on our behalf. We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Green Mountain Initiatives, LLC.
We intend to have a Tutorial page which is sponsored by other companies and provides basic instructional material that may be of interest to members. Green Mountain Initiatives LLC may receive compensation if members choose to connect to their page(s) or buy their products through our website. However, we not aware of nor are responsible for the privacy policies of other companies. Contact those companies directly if you choose to connect to them or engage with their services.
We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.
HOW YOUR PERSONAL INFORMATION IS USED
- Process your financial transactions.
- Send you order / renewal confirmations.
- Register your rights, if any, to technical support or other benefits that may be made available to registered users.
- Respond to customer service requests, questions and concerns.
- Administer your account.
- Send you requested product or service information.
- Keep you informed about special offers and services of Green Mountain Initiatives and selected third parties.
- Administer promotions and sweepstakes you enter and notify you of the results.
- Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
- Meet our research and product/service development needs and to improve our Site, services and offerings; and
- Customize your experience, including targeting our services and offerings to you.
We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We may tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.
In certain situations, Green Mountain Initiatives may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We further reserve the right to disclose your Personal Information as required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on Green Mountain Initiatives, LLC) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to delete your account or request that we no longer use your information to provide you services contact us at firstname.lastname@example.org. We will respond to your request within ten business days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
CHOICE / OPT OUT
We do not barrage you with emails or newsletters, nor do we share your information with others outside of the scope that is outlined in this document, therefore there currently is no “opt out” option. Green Mountain Initiatives will contact you when there are changes to the Terms of Service or services provided. In addition, we will send you service-related announcements including, but not limited to, a registration email, benefit notification emails, emails automatically triggered by actions you took on the Site and bill related notices. We may occasionally send a communication detailing new services or a change in services. If you become a member of Our Idea Blog or Build A Masterpiece, you may receive communications describing new submissions or changes. Since we currently do not have an opt-out option, if you wish not to receive them, you have the option of deactivating your account(s).
PROTECTION OF YOUR PERSONAL INFORMATION
The Personal Information that you provide in connection with the use of the Site is protected in several ways.
- Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone.
- Your Personal Information resides on a secure server that only selected Green Mountain Initiatives personnel and contractors have access to via password.
- Your Personal Information is encrypted whenever it is transmitted to Green Mountain Initiatives.
- When you enter sensitive information on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
If you have any questions about security on our Web Site, you can send an email to us at email@example.com
COOKIE AND TRACKING TECHNOLOGIES
The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and provide site functionality.
Technologies such as: cookies, beacons, tags and scripts are used by Green Mountain Initiatives and our affiliates, analytics services and service to provide site features and functionality. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- We may partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.
We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. Any information you post to a public bulletin board or chat room, such as on Build A Masterpiece or Our Idea Blog, is available to all persons accessing that location.
LINKS TO 3RD PARTY SITES
SOCIAL MEDIA WIDGETS
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
REFERRAL PROGRAM EMAILS
We may include a referral program onto our site. If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Green Mountain Initiatives stores this information for the sole purpose of sending this one-time email and tracking the success of any referral program.
Your friend may contact firstname.lastname@example.org to request that we remove this information from our database.
We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact email@example.com to have the data removed and terminate the child’s account.
A parent or legal guardian may make an account on behalf of a child to participate in our Imagipics programs. However, the parent or legal guardian is responsible for the child’s participation in our programs and any royalties earned from the sale of digital content will be paid out to the parent or legal guardian.
For WePair services, the parent or legal guardian of children must provide their authorization for children to participate in chat room sessions with a particular individual. Contact information of children participating in the program is only used by our company to facilitate communication via WePair (such as for connection purposes) and is not otherwise used or accessed by Green Mountain Initiatives or any third party provider except to ensure that the program is properly working, or to comply with law enforcement concerns.
Policy Governing Use
- ACCEPTANCE OF TERMS
- INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
- GREEN MOUNTAIN INITIATIVES TRADEMARKS
- INFORMATION YOU PROVIDE
- YOUR CONTENT
- INFRINGEMENT CLAIMS
- RESTRICTION AND TERMINATION OF USE
- LINKS TO THIRD PARTY SITES
- WARRANTIES AND DISCLAIMERS
1. ACCEPTANCE OF TERMS
2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
2.3 Unless you enter into a license agreement with Green Mountain Initiatives you may not download, distribute, display and/or copy any Green Mountain Initiatives Content.
2.4 You may not remove any watermarks or copyright notices contained in the Green Mountain Initiatives Content.
3. GREEN MOUNTAIN INITIATIVES TRADEMARKS
3.3 You agree that you will not use Green Mountain Initiatives’ Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Green Mountain Initiatives.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Green Mountain Initiatives Trademarks or the Trademark rights claimed by Green Mountain Initiatives.
3.5 You agree that you will not use any Green Mountain Initiatives Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without Green Mountain Initiatives’ prior written consent any word or mark which is similar to or likely to be confused with Green Mountain Initiatives’ Trademarks.
3.7 The look and feel of the Green Mountain Initiatives website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Green Mountain Initiatives and may not be copied, imitated or used, in whole or in part, without the prior written consent of Green Mountain Initiatives.
3.8 All other trademarks, product names, and company names or logos used or appearing on the Green Mountain Initiatives website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Green Mountain Initiatives, unless expressly so stated.
3.9 You may not use a Green Mountain Initiatives trademark, logo, Image or other proprietary graphic of Green Mountain Initiatives to link to the Green Mountain Initiatives website without the prior written consent of Green Mountain Initiatives.
3.10 You may not frame or hotlink to the Green Mountain Initiatives website or any Image without the prior written consent of Green Mountain Initiatives.
4. INFORMATION YOU PROVIDE
5. YOUR CONTENT
5.2 By uploading Your Content, you grant Green Mountain Initiatives a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. In addition, Green Mountain Initiatives reserves the right to use and continue to use in perpetuity any uploaded Content for its own purposes for an indefinite period of time. Content may be used for promotional purposes, within the website itself, in the WePair library, or for other purposes determined by Green Mountain Initiatives.
5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
5.4 You may not use any Green Mountain Initiatives Content for any purpose without first obtaining a license to use such Green Mountain Initiatives Content. Any use of Green Mountain Initiatives Content by you shall be governed by the applicable license agreement separately entered into between you and Green Mountain Initiatives. Displaying and/or distributing to the public any watermarked or unlicensed Green Mountain Initiatives Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
6. INFRINGEMENT CLAIMS
6.1 If you believe that any Image or other material made available by Green Mountain Initiatives infringes upon any copyright that you own or control, you may notify Green Mountain Initiatives by sending an email to Admin@imagipics.com.
7.1 You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Green Mountain Initiatives or any third party.
- Violate the rights of Green Mountain Initiatives or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
8. RESTRICTION AND TERMINATION OF USE
8.1 Green Mountain Initiatives may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Green Mountain Initiatives Content at any time in Green Mountain Initiatives’ discretion, without prior notice or liability to you. Any conduct by you that, in Green Mountain Initiatives’ sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
9. LINKS TO THIRD PARTY SITES
9.1 In the event that the Site is available through any third-party platform, or if Green Mountain Initiatives provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Green Mountain Initiatives makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Green Mountain Initiatives, and Green Mountain Initiatives provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Green Mountain Initiatives.
10. WARRANTIES AND DISCLAIMERS
12.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of Maryland. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Green Mountain Initiatives shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Green Mountain Initiatives, such action is necessary or desirable.