VERSION 1.1 (23.02.2023)

These Terms of Use (the “Terms”) apply to 

• the website https://earth.fm.
• any of the subdomains of it (the “Website”) and/or services offered by using the Website.

The Website is the official website of Digital Partnership for Regeneration and Reconnection MTÜ, an ordinary non-profit association operating under the laws of the Republic of Estonia, registry code 80615833, with the contact address at Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145 (hereinafter referred to as the “Association”). 

By accessing or using the Website and any services made available through the Website and affiliated websites, if any, (collectively, the “Services”), you (“User” and collectively with others using the Website “Users”) agree without any modifications to be bound by these Terms.

The Services are provided by the Association, and the terms “we,” “us,” and “our” refer to this legal entity. The Association may change the scope of the Services or stop providing Services in its entirety at any time.

These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services. 

The information made available on our Website may be altered or removed at any time without prior notice. The Association reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the “Last Revised” date at the top of the Terms and by emailing Users at their provided email addresses, or by any other means as determined by the Association.

Subject to applicable law, the method of notification will be left to the Association’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances unless the Association is duty-bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that the Association transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.

PREAMBLE

The Association provides Services of a repository of immersive natural soundscapes, with the purpose of helping listeners to reconnect with the natural world. Any income generated through the activities developed by Earth.fm will be used to pay its operational expenses and donated to nature protection non-profit organisations.

You agree to use the Services only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.

Any donation made to the Association shall not be treated as a payment for the Services.  

INTELLECTUAL PROPERTY AND COPYRIGHT

Information, data and content of a graphic nature, and any other subject matter recognized as intellectual property under any applicable laws available on our Website are the property of the Association or third parties which authorized the Association to use such intellectual property.

You may not copy, duplicate, print or circulate the information of this Website without our prior written consent. 

The Association grants you a non-exclusive and non-transferable license to use the Website and its content, solely for the purposes indicated herein and you shall have no right to resell or otherwise distribute any content of the Website. The authors can withdraw their material at any time from the Website.

CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET

The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, the Association does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with the Association containing your personal information. While the Association will make all commercially reasonable efforts to safeguard the privacy of the information you provide to the Association and will treat such information in accordance with the Association’s Privacy Policy, in no event will the information you provide to the Association be deemed to be, confidential, create any fiduciary obligations for the Association, or result in any liability for Association in the event that such information is accessed by third parties without the Association’s consent.

LIMITED LICENSE

The Association grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for informational and non-commercial purposes (private use) as expressly permitted by the Association from time to time.

Any other use of the Website or Content is expressly prohibited. 

You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Association.

If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. 

You may not copy, imitate or use them without the Association’s prior written consent. You will not, nor will you authorize or encourage any third party to: 

(i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Association; 

(ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Website.

THIRD-PARTY CONTENT

The Association, its affiliates, and its Users may provide third-party content on the Website and may provide links to web pages and content that are not owned or controlled by the Association (collectively the “Third Party Content”) as a service to those interested in this information. The Association does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that the Association is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third-Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. The Association is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.

APPLICABLE LAW AND JURISDICTION

You understand and accept that the relationship between you and the Association shall be governed in all respects by the laws of the Republic of Estonia without regard to its conflict of law provisions.

If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Any disputes arising out of this Agreement shall be settled in Harju County Court pursuant to the laws of the Republic of Estonia.

Any dispute arising out of or related to these Terms is personal to you and you hereby agree that such dispute will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

LIMITATION OF LIABILITY

The Association does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Association also shall not be held liable for the content of hyperlinks to Websites of third parties.

COMMUNICATION

You agree and acknowledge that all agreements, notices, disclosures and other communications that the Association provides pursuant to these Terms, may be provided in electronic form.

If you have any questions regarding these Terms, you are welcome to contact us by email at borja@earth.fm.