eEcosphere is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to eEcosphere by the User. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by eEcosphere in order to comply with certain legal obligations and claims. Consequently, eEcosphere encourages you to maintain your own backup of your Content. In other words, eEcosphere is not a backup service. eEcosphere will not be liable to you for any modification, suspension, or discontinuation of eEcosphere’s Services, or the loss of any Content.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to eEcosphere as straightforward as possible, while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of eEcosphere will comply with applicable copyright laws. However, if eEcosphere receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to 17 USC Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
eEcosphere’s Designated Agent to receive notification of alleged infringement under the DMCA is:
906 East 5th Street #209
Austin, TX 78702
Upon receipt of proper notification of claimed infringement, eEcosphere will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide eEcosphere's Registered Agent (listed above) the following information in a written communication (preferably via email):
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide eEcosphere's Registered Agent (listed above) the following information in a written communication (preferably via email):
Upon receipt of such counter notification, eEcosphere will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that eEcosphere will replace the removed material or cease disabling access to it in 10 business days. eEcosphere will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, eEcosphere will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
It is eEcosphere's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that eEcosphere determines are reasonable under the circumstances.
The following additional terms apply to copies of eEcosphere that are accessed through or downloaded from the Apple iTunes App Store ("App Provider"). In the event that you have acquired the Application via the iTunes App Store, you agree that,
In the event that you have acquired the Application via the Google Play Store, you agree that,
In the event that you have acquired the Application via the Microsoft App Store (“Microsoft App Provider”), you agree that,
You agree to indemnify and hold eEcosphere harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Service or use of the Service, (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with eEcosphere Users on eEcosphere’s Services, (b) your hosting or creation of a service post and/or promotion of any related events, or (c) your attending an event learned about on eEcosphere. Liability for any uploaded Content by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result therefrom.
The eEcosphere App and Service is integrated with the Facebook platform and its services, and may integrate with additional third parties in the future. If you are using the eEcosphere App and Service combined, integrated, or used with third party products, software applications, or website (“Third Party Service[s]”), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of eEcosphere or the Service, may be diminished when operating through a Third Party Service; (iii) eEcosphere cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.
eEcosphere and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the App or the Service ("Feedback") is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
eEcosphere reserves the right, at its sole discretion, to modify or replace any of these Terms on eEcosphere’s website and/or app by sending you notice through the Service by push notification or email. eEcosphere may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. You may not opt out of these notifications, and your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
eEcosphere may terminate, change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
You understand and agree that the App and the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, eEcosphere’s liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with eEcosphere, you agree to first contact eEcosphere and attempt to resolve the dispute with us informally. In the unlikely event that eEcosphere has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and eEcosphere decide otherwise, arbitration will be conducted in California. If your claim is for US $10,000 or less, eEcosphere agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND EECOSPHERE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
Please contact us if you have any questions about our Terms.
Alternatively, eEcosphere can be contacted at:
2124 E 6th St, #301
Austin, Texas 78702
Effective: March 22, 2015
To enter the promotion:
The first 300 posts will receive one (1) Everlasting Liquid Lipstick in “Project Chimps” shade, and every lipstick rewarded will donate 20% of the retail price to Project Chimps.
Only one entry per user will be considered.
If you are one of the first 300, we will contact you via @eecosphere for a mailing address to receive the lipstick.
Giveaway is limited to US and Canada only. Please allow 2-3 weeks to process mailing.