Our Earth Movement
Our Earth Movement website is a platform
Our Earth Movement website is a platform for people to CrowdFund or SponsorFund their environmental projects and interact with other members on the website. People can raise funds for their projects and contribute to the projects of others. People can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. Our Earth Movement makes no representations about the quality, safety, morality or legality of any Project, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Our Earth Movement does not represent that People will deliver Perks or that Contributions will be used as described in the Project. Users use the Services at their own risk.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Our Earth Movement reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Contribution, or the Services at any time for any reason without liability.
People are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Project is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. People shall not make any false or misleading statements in connection with their Campaigns.
People are not permitted to offer or provide any of the following as a Perk:
any form of "security" (as such term is defined in the Securities Act of 1933);
any form of financial incentive or participation in any profit sharing;
any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
any controlled substance or drug paraphernalia;
any weapons, ammunition and related accessories;
any form of lottery or gambling;
any form of air transportation; or
any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.
Our Earth Movement is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
spam the comments sections or other Users with offers of goods and services or inappropriate messages;
engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
take any action that imposes, in Our Earth Movement’s sole discretion, an unreasonable load on Our Earth Movement's infrastructure.
represent products created by others as your own creation, or act as a reseller of other’s products.
Our Earth Movement reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Project Images
People are not permitted to do any of the following with Project images:
incorporate Our Earth Movement colors and branding elements, including but not limited to logos, colored frames, borders or badges;
include any visual element that could be interpreted to have been produced by Our Earth Movement, including but not limited to banners, progress bars or funding stats;
include any visual element that communicates endorsement by Our Earth Movement.
Disputes between People and Contributors
People are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Our Earth Movement does not recognize any third party and/or agency affiliated with the Project as an Activist. If an Activist is unable to perform on any promise and/or commitment to Contributors, the Activist will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Activist. Our Earth Movement is under no obligation to become involved in disputes between People and Contributors, or Users and any third party. In addition, Our Earth Movement is under no obligation to become involved in disputes regarding the determination of the rightful Activist, and will not be obligated to make any changes to Activist accounts or transfer of ownership. In the event of any dispute, such as an Activist's alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Activist's contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Our Earth Movement immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Our Earth Movement may reasonably request and to answer truthfully and completely any questions Our Earth Movement might ask you in order to verify such User's identity.
License to Users
Our Earth Movement grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.
People are permitted to offer Perks to Contributors. People are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). This commitment includes shipping Perks to Our Earth Movement Contributors before fulfilling any orders received after the Project has ended. For People participating in programs with our retail partners, failure to ship orders to Our Earth Movement Contributors first may result in removal from such retail partnership programs. People will respond promptly and truthfully to all questions posed to them by Our Earth Movement or any Contributor. If any Activist is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Activist will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. People will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. People are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. Our Earth Movement may attempt to verify the identity and other information provided to us by People, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Activist eligibility is subject to Our Earth Movement’s review of the fulfillment status of prior crowdfunding obligations. Our Earth Movement reserves the right to prohibit or remove a Project if the Activist is delayed by three months or more in fulfilling a prior crowdfunding project on Our Earth Movement or another platform.
Contributors are solely responsible for asking questions and investigating People and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Our Earth Movement does not guarantee that Contributions will be used as promised, that People will deliver Perks, or that the Project will achieve its goals. Our Earth Movement does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Registering on the website, setting up an Activist profile and also a project are all free. We do not charge any fees to Contributors. Unless otherwise stated, we charge a fee to People as a percent (found on the Pricing page) of the Contributions they raise for their Projects. By using the our website, Users agree to our Fees listed under "Pricing and Fees". Any changes to the fees are effective and applied to funds raised after posting a notice of changes on the Pricing and Fees page.
Contributors may request a refund from Our Earth Movement within 10 days of the contribution. Please contact "Customer Service" on our "Contact" page to request a refund. If the funds have not already been transferred to the Activist, then Our Earth can refund your contribution. If the funds have already been transferred to the Activist, then Contributors will need to contact the Activist directly for a refund. If there are any questionable circumstances surrounding the reason for the refund, contributors should contact "Customer Service" with their concerns about the Project or Activist.
Taxing authorities may classify funds raised on the Services as taxable income to the Activist and any beneficiary who will receive funds directly from the applicable Project. Our Earth Movement will ask for the tax identification number (TIN) of People and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Our Earth Movement will provide People with a tax document if required by the relevant taxing authorities.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Our Earth Movement a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Our Earth Movement, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
People may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without Our Earth Movement's prior written permission (which may be granted or withheld by Our Earth Movement in its sole and absolute discretion). People may request permission from Our Earth Movement by sending an email to our customer service department. Subject to and upon any such permission, each Activist offering any Promotion further acknowledges and agrees that: (a) such Activist shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Our Earth Movement does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Our Earth Movement from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Activist and not to Our Earth Movement.
Third-Party Websites, Advertisers or Services
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Project acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for People on Our Earth Movement are provided by PayPal and are subject to the PayPal's Customer Agreement, which includes their own terms of service. By continuing to operate as an Activist on Our Earth Movement, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. As a condition to Our Earth Movement enabling credit card payment processing services through PayPal, you agree to provide Our Earth Movement accurate and complete information about you and your business, and you authorize Our Earth Movement to share any such information with PayPal, as well as transaction information related to your use of the payment processing services provided by PayPal. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Each User agrees to defend, indemnify and hold harmless Our Earth Movement, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Our Earth Movement may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Our Earth Movement and each User agrees to assist and cooperate with Our Earth Movement in the defense or settlement of any such matters.
Our Earth Movement has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.
Limitation of Liability
OUR EARTH MOVEMENT (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO OUR EARTH MOVEMENT FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OUR EARTH MOVEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Our Earth Movement to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Our Earth Movement's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Our Earth Movement does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Our Earth Movement without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Our Earth Movement may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Oklahoma (the principal place of business and corporate headquarters of Our Earth Movement); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Our Earth Movement, either specific or general, in jurisdictions other than Oklahoma. This Agreement shall be governed by the laws of the State of Oklahoma, without respect to its conflict of laws principles.
Our Earth Movement and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. Our Earth Movement and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that Our Earth Movement asserts against User, and that User asserts against Our Earth Movement , any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against Our Earth Movement or a related party, a User must send a letter requesting arbitration and describing the claim to Our Earth Movement 3701A S. Harvard Ave #151, Tulsa, OK 74135. The arbitration will be conducted by a impartial third party in the Tulsa, OK area. Our Earth Movement will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the third party's rules. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City of Tulsa, Oklahoma. Except as otherwise provided by law, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorneys’ fees and costs.
People and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Our Earth Movement merely provides a technology platform to allow People to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Our Earth Movement makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Project whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Our Earth Movement may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by Our Earth Movement might be similar or even identical to a submission received by Our Earth Movement, the following policy applies to all third party User submissions to Our Earth Movement of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Our Earth Movement will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) Our Earth Movement will not be liable for any use or disclosure of any submission; and (d) Our Earth Movement shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
These Terms are the entire agreement between each User and Our Earth Movement regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our Earth Movement's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Our Earth Movement may alter the Terms at any time, so please review them frequently. If a material change is made, Our Earth Movement may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Our Earth Movement's sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify Our Earth Movement's Legal Department at our customer service department. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Our Earth Movement to locate the material.
information reasonably sufficient to permit Our Earth Movement to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the Our Earth Movement DMCA agent (the "DMCA Agent") by mail and email to the following addresses:
Our Earth Movement Attention: DMCA Issue 3701A S. Harvard Ave #151
Tulsa, OK 74135 Telephone and email can be found on our "Contact" page
If any User (the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
a physical or electronic signature of the Respondent;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent's address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Our Earth Movement, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
OUR EARTH MOVEMENT WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, Our Earth Movement has adopted a policy of terminating, in appropriate circumstances and at Our Earth Movement's sole discretion, repeat infringers.
All subpoenas must be properly served on Our Earth Movement, preferably by mailing the subpoena to:
Our Earth Movement
3701A S. Harvard Ave #151
Tulsa, OK 74135
Our Earth Movement does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
Please refer to our "Contact" page for complete contact information such as email, address and/or phone numbers.