Version 2, last updated February 18, 2011
By clicking on the word "Continue" on https://www.ecolabelindex.com/subscribe/, you (either an individual or an organization) agree that your use of Big Room Inc.’s (“Big Room”) Ecolabel Index Pro database products and services pursuant to your subscription is subject to the terms and conditions set forth in this Big Room Ecolabel Index End User License Agreement (this "Agreement") and that this Agreement is enforceable like any written contract signed by you. If you do not agree to the terms of this Agreement, you shall not install, copy, or otherwise use the Ecolabel Index Databases, Ecolabel Index Data or Ecolabel Index Programs. The Ecolabel Index Databases, Ecolabel Index Data or Ecolabel Index Programs are licensed, not sold.
Big Room provides a line of database services and products that provide information on “ecolabels” — consumer facing logos that claim an added environmental or social benefit. These database services and products are referred to in this Agreement individually as the "Ecolabel Index Database" and collectively as the "Ecolabel Index Databases". The data available through the Ecolabel Index Databases is referred to in this Agreement as the "Ecolabel Index Data". Some products in the Big Room Ecolabel Index line include Big Room's proprietary computer programs used to query the Ecolabel Index Databases (the "Ecolabel Index Programs"). The referenced Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs and related services and products (referred to herein collectively as “Ecolabel Index Pro”) are accessible by subscription via Big Room’s Ecolabel Index website, www.ecolabelindex.com (the "Website").
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services and products provided by Big Room:
License Grant: Big Room hereby grants you a non-exclusive, non-transferable (except as provided herein), fully revocable and non-sublicensable right and license to access and use the Ecolabel Index Databases and Ecolabel Index Data, as well as the Ecolabel Index Programs, together with all enhancements, modifications and updates as may be provided to you from time to time during the term of this Agreement, if any, whether under the terms hereof or pursuant to any other contract between you and Big Room, in each case for your own internal restricted business purposes (“Restricted Business Purposes”) and in accordance with the License Type licensed to you. Restricted Business Purposes are limited to:
You agree to use the Ecolabel Index Databases, Ecolabel Index Data and Ecolable Index Programs only in a manner that is consistent with applicable laws.
Number of Licensed Users: The license granted pursuant to this Agreement is limited to your organization and the number of licensed Users authorized with your License Type (referred to herein as the “Number of Licensed Users”). The Ecolabel Index Databases, Ecolabel Index Data and Ecolable Index Programs may be used by the Number of Licensed Users only, each of whom must be assigned a unique User ID (on the basis set forth below), and may not be used by any other person, whether or not such person is employed by or otherwise associated with your organization. You may not transfer or store any portion of the Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs to or in any electronic network, for use by more persons than the Number of Licensed Users.
User Obligations: You warrant that you shall ensure that any and all authorized Users (which shall not in any event exceed the Number of Licensed Users) observe and comply with all of your (and their) obligations under this Agreement and you hereby assume full responsibility and liability for and fully indemnify Big Room for the use of the Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs, and for any breach of this Agreement, by a User.
Restrictions: You agree that you will use the Ecolabel Index Databases, Ecolabel Index Data and Ecolable Index Programs only for internal Restricted Business Purposes and only in compliance with this Agreement. Without limiting the generality of the foregoing, you agree that you shall not, nor shall you permit others to:
No Enhancements: Notwithstanding Section a, this Agreement does not entitle you to any enhancements, modifications and updates of the Ecolabel Index Databases, Ecolabel Index Data or Ecolabel Index Programs, nor to ancillary products, unless agreed to by Big Room. Accordingly, you understand that we may update or otherwise enhance the Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not copy, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the Ecolabel Index Programs.
Non-exclusive License: This license is non-exclusive and nothing herein shall limit Big Room’s right to sell, assign, or in any other manner transfer Big Room’s ownership of the Ecolabel Index Databases, Ecolabel Index Data or Ecolabel Index Programs.
License Type: The License Type purchased by you determines the license rights granted to you under this Agreement. Such License Types include the following:
Large team | Under the terms of a Large team license, you may permit an unlimited number of Users in your organization to create a User ID and access the Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs
Small team | Under the terms of a Small team License, you may permit up to 5 Users in your organization to create a User ID and access the Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs.
Term and Monthly Renewal: Unless earlier terminated as set forth herein, this Agreement (and your subscription) is effective for one (1) month from purchase of your Ecolabel Index Pro subscription. Big Room may (but is not obligated to) send written notice of the expiry of this Agreement and your subscription to the e-mail address you have provided to Big Room prior to the time of expiry. If you have provided Big Room with a valid credit card number (which credit card continues to be valid at each renewal time) and payment is processed at the relevant time, your subscription and this Agreement will be automatically renewed (and charged to the account you have provided) for successive one (1) month terms at the expiration of your current subscription term and each renewal term thereafter, for Big Room’s then applicable monthly subscription fee for the Ecolabel Index Pro subscription you have previously purchased (which subscription fee is subject to change at Big Room’s sole discretion).
License Fees: Big Room's current monthly fee schedule for subscriptions for Ecolabel Index Pro and related services are posted on the Website at: https://www.ecolabelindex.com/subscribe/, which are incorporated herein by reference. All fees are stated in Canadian dollars. All fees are prepaid.
Cancellation may be made at any time in writing to firstname.lastname@example.org. Fees for the current subscription month will be payable, but subsequent renewal will be discontinued. Upon your acceptance of this Agreement, we will automatically charge your credit card the applicable account fee plus any applicable Taxes (as defined below) we are required to collect, and you authorize us to do so. Thereafter, on any renewal authorized by you (automatic or otherwise) of your Ecolabel Index Pro subscription as set forth in Section a, we will charge your credit card the then-current monthly subscription fee for the Ecolabel Index Pro subscription you are renewing plus any applicable Taxes we are required to collect. If we are unable to process your credit card at a renewal period, your subscription may be immediately terminated. You are responsible for paying all fees associated with the use of the Ecolabel Index Databases, Ecolabel Index Data or Ecolabel Index Programs based on the applicable subscription or renewal thereof that you have purchased. Any automatic renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each monthly anniversary thereafter.
Billing Information: You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Big Room if your credit card is cancelled (for example, for loss or theft).
Taxes: All fees payable hereunder do not include any sales, use, customs, excise, value added or similar tax, assessment, duty, or similar governmental charge or fee chargeable on account of the payment of any amounts from you to Big Room for the provision of goods or services (“Taxes”). Such Taxes will be in addition to the fees and will be paid by you, and remitted by Big Room, as applicable and required.
Registration, User Profile and User ID: You will need to register by creating an account with http://www.ecolabelindex.com in order to purchase a subscription to Ecolabel Index Pro, and to access (including for your Users to access) the Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs and to create a User Profile. You agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, each authorized user (a “User”), not to exceed the Number of Licensed Users associated with your License Type, from your organization may upon their first use obtain a unique log-in credential (a “User ID”) which will be associated with your User Profile. Access to the Website and the Ecolabel Index Databases is not authorized by any person or entity using a User ID other than their own, and you are responsible for preventing such unauthorized use.
Use of User ID: Big Room relies on User IDs to know whether users accessing the Website and using the Ecolabel Index Databases are authorized to do so. If someone accesses the Website or the Ecolabel Index Databases Services using a User ID that we’ve issued to an authorized user of your organization, we will rely on that User ID and will assume that access has been made by such authorized person. You are solely responsible for any and all access to the Website or use of the Ecolabel Index Databases by persons using User IDs associated with your User Profile. Please notify us immediately if you become aware that a User ID associated with your User Profile is being used without authorization. Big Room will not be liable to you or to any third party for any use (whether authorized or unauthorized) of your account, User Profile or associated User ID. You acknowledge and agree that Big Room may access and/or disclose your account, User Profile and associated User IDs and related information if required to do so by law or if Big Room has a reasonable belief that such actions are reasonably required to (i) respond to claims that any material made available by you though the Website infringes, misappropriates or violates any third-party rights, (ii) comply with legal obligations imposed on Big Room or any subpoenas, investigative demands, or court orders directed to Big Room, (iii) enforce or fulfill the obligations under this Agreement, or (iv) protect the rights, property or safety of Big Room and its users and the general public.
No Warranty: THE ECOLABEL INDEX DATABASES, ECOLABEL INDEX DATA AND ECOLABEL INDEX PROGRAMS, AND ALL OTHER INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE ECOLABEL INDEX DATABASES, ECOLABEL INDEX DATA OR ECOLABEL INDEX PROGRAMS OR THE ACCURACY OR THE COMPLETENESS OF THE ECOLABEL INDEX DATABASES OR ECOLABEL INDEX DATA. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ECOLABEL INDEX DATABASES, ECOLABEL INDEX DATA, ECOLABEL INDEX PROGRAMS OR THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING OR USING ANY SUCH MATERIAL. BIG ROOM DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.
Limitations Of Liability: NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BIG ROOM’S LIABILITY UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT LAW, TORT LAW OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE MONTHLY AMOUNT PAID BY YOU TO BIG ROOM IN THE THEN CURRENT MONTH OF THIS AGREEMENT, WHICH, FOR THE PURPOSES HEREOF, SHALL BE LIMITED TO THE ECOLABEL INDEX DATABASES AND ECOLABEL INDEX PROGRAMS WITHOUT MODIFICATION OR CUSTOMIZATION OR OTHER UPGRADES OR UPDATES THAT ARE PROVIDED BY BIG ROOM TO CUSTOMER UNDER ANY OTHER AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL BIG ROOM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ECOLABEL INDEX DATABASES, ECOLABEL INDEX DATA AND ECOLABEL INDEX PROGRAMS OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BIG ROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW.
Reliance on Limitations: You expressly acknowledge that Big Room is entering into this Agreement and is making the Website, Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Big Room. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, termination of this Agreement for any reason, a fundamental breach or breaches of this Agreement, the failure of essential purpose of this Agreement, the failure of any exclusive remedy or the termination or suspension by Big Room of your use of, or access to, the Website, Ecolabel Index Databases, Ecolabel Index Data and/or Ecolabel Index Programs.
Trade Secrets and Confidential Information: You acknowledge and agree that any and all confidential information and materials from which Big Room derives actual or potential economic value constitutes Big Room's confidential and proprietary trade secrets (collectively, "Trade Secrets"). You further acknowledge and agree that Big Room's Trade Secrets include, but are not limited to, the Ecolabel Index Databases, the Ecolabel Index Data, and the technology used in the Ecolabel Index Programs. Except as permitted under this Agreement, you shall maintain any information learned about Big Room's Trade Secrets as confidential and shall not disclose such information or permit such information to be disclosed to any person or entity. With respect to all such information, you shall exercise the same degree of care to protect Big Room's Trade Secrets that you exercise with respect to protecting your own confidential information, and in no event less than reasonable care.
Ownership: All right, title and interest and all intellectual property rights in and to the Ecolabel Index Databases, Ecolable Index Data and Ecolabel Index Programs (including but not limited to the source code, object code, diagrams, specifications, and any images, photographs, animations, video, audio, music, text, and ‘applets’ incorporated therein), are owned by Big Room or its suppliers, as applicable. All title and intellectual property rights in and to the content which may be accessed through use of the Website and Ecolabel Index Databases is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. We are not granting any license to you under any intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Ecolabel Index Databases, Ecolabel Index Data and Ecolabel Index Programs in accordance with this Agreement. “Big Room” and “Ecolabel Index” are our trademarks. Other product and company names that are mentioned on the Website or provided under this Agreement may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
Proprietary Notices: You will not remove any Big Room patent, trademark, copyright or other proprietary notices from any part of the Website, Ecolabel Index Databases, Ecolabel Index Data or Ecolabel Index Programs and shall reproduce such notices in any copies, in whole or in part, of such materials permitted to be made by you hereunder.
Upgrades and Customization: Any enhancement, upgrade or modification of the Ecolabel Index Databases or Ecolabel Index Programs, if any, and any customization undertaken by Big Room on your behalf shall be the sole and complete property of Big Room and you shall have no ownership right or claim thereto under any circumstances.
Trademarks: This Agreement does not grant you any rights in connection with any of Big Room’s trademarks or trade names in any way, including in any promotion or publication, without Big Room’s prior written consent.
Injunctive Relief: You acknowledge that the breach of any of your obligations under this Section 7 will, or is likely to, cause irreparable harm, and accordingly, Big Room will be entitled to seek equitable relief to protect its interests therein, including preliminary and permanent injunctive relief, as well as monetary damages.
User Generated Content: As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the Website (“Content”). You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
(a) Big Room may amend this Agreement at any time. Any such amendment shall be binding and effective upon the earlier of (i) the date that is thirty (30) days after posting of the amended Agreement on the Website, or (ii) the date that Big Room provides notice to you of the amended Agreement pursuant to the notice provisions in this Agreement; except that changes to fees and payment terms shall only be effective in respect of payments made after such changes are posted or notified. You may immediately terminate this Agreement upon notice to Big Room if a change is unacceptable to you. Your continued use of your Ecolabel Index Pro subscription following any amendment to this Agreement shall constitute your acceptance of the amendment.
Termination: You may terminate this Agreement at any time prior to the expiry of the term, and any renewals thereof, set out in Section a, by canceling your account. In addition, this Agreement automatically terminates if you fail to comply with its terms and conditions and Big Room reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon termination or expiry of this Agreement, your access rights to the Ecolabel Index Databases and Ecolabel Index Data will immediately terminate and you must cease use of the Ecolabel Index Databases. In no circumstance shall Big Room be required to, and Big Room shall not, refund any portion of the prepaid subscription fee on termination of this Agreement for any failure to comply with its terms and conditions.
User Data: If you fail to renew your Ecolabel Index Pro subscription or if this Agreement is terminated, Big Room will not be obligated to continue to store your account data or User Profile information or any User IDs for any duration beyond the renewal or termination date. It is your responsibility to ensure that you have stored your account data or User Profile information elsewhere prior to cancelling or terminating your subscription. Big Room has no obligation to provide you with a copy of your data and may remove and discard any data.
Assignment: You shall not assign this Agreement or your subscription without the express written consent of Big Room. Any attempted assignment in violation of this provision shall be null and void.
Governing Law: This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the Province of British Columbia, excluding its conflicts of law rules. Any suit or claim hereunder will be brought solely in the courts located in Vancouver, British Columbia having jurisdiction therefor. The parties specifically disclaim the applicability of the United Nations convention on contracts for the international sale of goods to this Agreement.
Currency: All dollar amounts referred to in this Agreement are in lawful money of Canada.
Severability: If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect; provided that severance of any payment term with the result that Big Room will not be compensated at the rates and on the terms provided for herein, shall result in immediate termination of this Agreement.
No Waiver: The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
Notices: Except as otherwise specifically provided in this Agreement, any notice to be given by either party shall be in writing and shall be sufficient if personally delivered; delivered by overnight carrier; or sent certified mail, return receipt requested, postage prepaid, or emailed, to the following addresses;:
If to you:
To the address noted in the registration information completed by you, as such may be updated from time to time in accordance with this Agreement.
If to Big Room:
332-237 Keefer St.
Vancouver BC, Canada, V6A 1X6
Attention: Trevor Bowden
Any notice shall be deemed delivered on the third business day after the date mailed or on the business day of delivery of electronic mail (or the next business day, if the electronic mail is sent by a party on a day that is not a business day or after 5:00pm local time in the jurisdiction of the transmitting party on a day that is a business day) in the manner set out above. The designation or address of the party to be notified may be changed at any time by delivery of notice of that change to the other party.
Force Majeure: Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control and not due to its fault or negligence, including, but not limited to, labour disputes, strikes, lockouts, shortages of or inability to obtain labour, or war, terrorism, riots, acts of God or any governmental action.
Independent Contractors: The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties.
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