Effective Date: September 8, 2021
Better Place Forests Co. (“Better Place”) has created personalized “Meet My Tree” videos (the “Videos”) to share with Better Place customers (“Customer(s)”) at no cost. Each personalized Video describes and displays footage/photos of Customer’s memorial tree, the applicable Better Place forest and in some cases, images of Customer and/or their family or friends (“Visitor(s)”) taken with the permission of Customer and Visitors while visiting a Better Place forest. Subject to these Meet My Tree Terms and Conditions (“Terms”), Customer may view the Videos and may share the Videos with Visitors, other family members, friends, colleagues, or other persons (collectively, “Other Individuals” and together with Customer, the “Viewers”) designated by Customer, via email by sharing the email address(es) of the Other Individuals with Better Place, or via social media platforms such as Facebook. Unless enrolled in marketing or other transactional communications from Better Place, Other Individuals will not be contacted by Better Place for any reason other than to share the Videos upon Customer’s request.
These Terms apply to all Viewers. By (i) engaging with, viewing or sharing the Videos, or (ii) accepting any benefits from the Videos, Viewers accept these Terms and all terms incorporated by reference as described below. If Viewers do not agree to be bound by these Terms, they may not and should not engage with or view the Videos.
Engagement or use of the Videos by Viewers is offered at the sole discretion of Better Place and is subject to compliance with these Terms.
IMPORTANT: Better Place may limit, suspend, or terminate Viewers’ ability to engage with or use the Videos in its sole and absolute discretion at any time with or without prior notice to them.
Viewers understand and agree that if they engage with or use the Videos, even if such Videos are provided as a ‘Beta” or “trial,’ the Videos are provided on an “as is” and “as available” basis. The Videos may include technical, typographical, or photographic errors. Better Place does not warrant that any of the Videos are accurate, complete or current. Better Place may make changes to the Videos at any time without notice. However, Better Places does not make any commitment to update the Videos.
CUSTOMER AND VISITOR LIKENESS
Customer Content means any name, words, pictures, likeness, images, data, information or any “user-generated content” that Better Place has in its possession from Customer’s visit to a Better Place forest, including, in some cases, the picture, likeness, image or data of Visitors, or that Customer shares or inputs when sharing the Videos. Customer grants Better Place the non-exclusive, worldwide right to use, copy, store, transmit and display Customer Content and to modify and create derivative works of Customer Content to create and provide the Videos and any support to Customer under these Terms. Notwithstanding the foregoing, Better Place may use, reproduce, publicize, or otherwise exploit Anonymized Data in any way, where “Anonymized Data” refers to Customer Content with the following removed: personally identifiable information including the names, addresses, or email addresses of Customer or any Other Individuals. Customer waives any right to be notified or to inspect or approve the Videos.
By sharing the Videos with Other Individuals, Customer hereby consents to the distribution of Customer’s name, image, and likeness and hereby represents and warrants that it has the permission of its Visitors to distribute each of their names, images and likeness, as well as information regarding Customer’s memorial tree, to third parties, including Other Individuals. Customer understands and agrees that when Customer shares Videos, neither Better Place nor Customer can control or prevent third parties, including Other Individuals, from further distributing the Videos. If Customer shares Videos via social media platforms such as Facebook, Better Place may, in its discretion, reshare such Customer Videos on Better Place’s social media accounts via the sharing features on the applicable social media platform.
Customer waives any and all claims, damages, or liability arising from or related to the distribution of the Videos, including but not limited to any misuse, distortion, blurring, alteration, optical illusion, or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reducing, adapting, modifying, producing, reproducing of the Videos and their distribution, display or performance.
By providing Other Individuals’ contact information to Better Place for the purpose of Better Place providing them with the Videos, Customer represents and warrants that (i) Other Individuals are at least eighteen (18) years of age at the time of participation, (ii) Customer has received prior consent from Other Individuals to provide their email address to Better Place for the purposes of receiving Videos, and (iii) unless Customer advises otherwise in writing, Customer allows Better Place to share Customer Videos again should Other Individuals request Better Place provide them in the future. Customer agrees to indemnify and hold harmless Better Place for any claims or other liability arising from its breach of the foregoing representations.
Better Place reserves the right, in its sole discretion, not to share Videos with any individual where Better Place deems a Viewer to be in violation of these Terms.
This Agreement does not transfer from Better Place to Viewers any Better Place or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Better Place. The Videos are the intellectual property of Better Place. Viewers’ access to the Videos grants no right, nor license, to reproduce or otherwise use any Better Place or third-party intellectual property except as explicitly permissioned in writing, and/or as defined in these Terms.
Notwithstanding the foregoing, permission is granted to view and share the Videos for personal, non-commercial transitory viewing only. This is a grant of a license, not a transfer of title, and under this license Viewers may not:
- modify or copy the Videos;
- use the Videos for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer the Videos;
- remove any proprietary notations from the Videos;
- use the Videos to slander, disparage, defame, or otherwise harm Customer, Better Place, or any third party.
This license shall automatically terminate if Viewers violate any of these restrictions and may be terminated by Better Place at any time. Upon terminating Viewers’ viewing of the Videos or upon the termination of this license, Viewers must destroy any downloaded Videos in their possession.
Better Place will not be liable for the failure of any information to be sent to another individual for any reason, including, but not limited to, any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software.
Better Place reserves the right, in its sole and absolute discretion, to (i) investigate, cancel, invalidate, and revoke any access to information Better Place deems to have been issued in error, or as the result of any violation of these Terms, Better Place’s Terms of Service, or applicable law or as the result of any actual or suspected fraudulent or improper activity (including without limitation, the use of any system, macro, script, bot or fake email address to manipulate the Videos) and (ii) bar further access to information from being sent on behalf of any individuals associated with any actual or suspected fraudulent or improper activity or violations of these Terms, Better Place’s Terms of Service, or applicable law.
Any disputes related to these Terms and the subject matter herein will be resolved pursuant to the dispute resolution terms of Better Place’s Terms of Service. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Viewers may not assign any rights or obligations under these Terms, in whole or in part, without the written consent of Better Place. Better Place may freely assign or transfer these Terms. Any assignment or transfer in violation of the foregoing is void. These Terms are the final, complete and exclusive Terms between Viewers and Better Place with respect to the subject matters hereof and supersedes and merges any discussions between Viewers and Better Place with respect to such subject matters. If Viewers are dissatisfied with any aspect of the Videos at any time, their sole and exclusive remedy is to cease engagement with or use of the Videos.
RIGHT TO REMOVE VIDEOS AND CHANGE TERMS
IMPORTANT: Better Place reserves the right to modify, remove and/or stop hosting or making available the Videos an/or modify all of any portion of these Terms or any policy pertaining to the Videos at any time and its sole discretion. If Better Place makes changes, Better Place will post the amended terms in its documentation and/or associated websites. Better Place may also attempt to notify Customer and Other Individuals in other ways. Unless Better Place says otherwise, the amended terms will be effective immediately and continued engagement with or use of the Videos after the amended terms are posted will confirm acceptance of the changes. If Viewers do not agree to the amended terms, they must stop engaging with or using the Videos.
For any questions about the Videos or these Terms, please contact Better Place at [email protected]ests.com