Acceptance of Terms
Description of Service
The Site is an online resource for waste management information and enables you to submit and/or share comments, opinions and ideas, and access and/or purchase services from time to time made available on the Site. Services include, but are not limited to, any service and/or content DumpsterCo.com makes available to you, including through advertisements, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to written content, text, search results, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software, and are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or Content or the Site in whole or in part.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of DumpsterCo.com. DumpsterCo.com reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. DumpsterCo.com may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of the Content you own and you are directed to retain your own copies of all Content you post on the Site.
We do not guarantee the accuracy, integrity or quality of the Content on the Site. You may not rely on any of this Content, including, but not limited to, product or service reviews, white papers, product or service descriptions or manifests. The Site also contains information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not DumpsterCo.com are entirely responsible for all Content that you post (“Your Content”), or otherwise submit to the Site. DumpsterCo.com does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable and you bear all risks associated with using that Content.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by DumpsterCo.com. We reserve the right, but not the obligation, without prior notice to edit and/or remove any content that may, in our sole discretion, violate these Terms, subject us to public disparagement or scorn, or that is otherwise objectionable.
By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate, intimidate, defame or otherwise violate the legal right of any person;
To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any DumpsterCo.com user;
To create or transmit unwanted ‘spam’ to any person or any URL;
With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without ours and their prior explicit consent;
To engage in any illegal activities.
Content Submitted or Made Available for Inclusion on the Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Site. By submitting Content to the Site you are granting DumpsterCo.com a worldwide, non-exclusive license to use the Content and are representing and warranting to DumpsterCo.com that the Content is owned or duly licensed by you, and that DumpsterCo.com is free to publish, distribute and use the Content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of DumpsterCo.com’s agreement to allow you to post Content to the Site and DumpsterCo.com’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with DumpsterCo.com as follows:
You acknowledge that:
You retain full rights to the Content you post to DumpsterCo.com prior to posting;
By posting Content to the Site you hereby grant to DumpsterCo.com a non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
The license granted to DumpsterCo.com includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to DumpsterCo.com by you;
DumpsterCo.com makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. DumpsterCo.com does not restrict the ability of users and visitors to the Site to make copies of Content posted on the Site and you hereby expressly authorize DumpsterCo.com to permit users and visitors to the Site to make such copies of your Content; and
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
You have the full and complete right to enter into this agreement and to grant to DumpsterCo.com the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by DumpsterCo.com of the Content as contemplated herein; and
The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against DumpsterCo.com, all of which such rights are hereby expressly and irrevocably waived by you in favor of DumpsterCo.com.
DumpsterCo.com respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. DumpsterCo.com will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify DumpsterCo.com of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable DumpsterCo.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide DumpsterCo.com with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable DumpsterCo.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Site contains links to other sites on the Internet owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Because DumpsterCo.com has no control over such sites and resources, you acknowledge and agree that DumpsterCo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DumpsterCo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge DumpsterCo.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify, defend and hold harmless DumpsterCo.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or DumpsterCo.com Username and password, or (iv) any violation of any rights of a third party.
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any Content or Services. We disclaim any responsibility for any harm resulting from accessing any information or material on the Internet using the Content or Services on the Site. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
We do not warrant that the Site will be uninterrupted or error-free. In addition, we do not make any warranty as to the Content on the Site. The Site and its Content are distributed on an “as is, as available” basis. Any Content or Services that you access, use or otherwise obtain through the Site is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any digital Content. Neither we nor any of our partners makes any warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the Services or Content on the Site will be accurate or reliable, (iv) the quality of any Content or Services that you purchase or obtain through the Site will meet your expectations, and (v) any errors will be corrected. Neither we nor any of our partners makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Site, any Content or any of our Services, tools, products or properties. You expressly agree that you will assume the entire risk as to the quality and performance of the Site and the accuracy or completeness of its Content and Services.
None of our partners shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site, even if we have been advised of the possibility of such damages.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind DumpsterCo.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DumpsterCo.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DumpsterCo.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. DumpsterCo.com may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the United Kingdom, as if made within United Kingdom between two residents thereof, and the parties submit to the exclusive jurisdiction of United Kingdom courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.