Thank you for using Green Stick Marketing! We’re happy you’re here. Please read this submitter Terms of Service agreement carefully before accessing or using Green Stick. Because it is such an important contract between us and our submitters, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
The Green Stick Submitter Terms of Service
Effective date: July 1, 2020
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.
- The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Green Stick Privacy Statement ) and procedures that we may publish from time to time on the Website.
- The “Service” refers to the applications, software, products, and services provided by Green Stick.
- The “Website” refers to Green Stick’s website located at greenstickmarketing.com, and all content, services, and products provided by Green Stick at or through the Website. It also refers to Green Stick-owned subdomains of greenstickmarketing.com, such as secure.greenstickmarketing.com. Occasionally, websites owned by Green Stick may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- “Organization” refers to the individual person, company, entity, or organization that has a Green Stick free, paid or trial user account with the Green Stick service and is using the platform to collect feedback, collect testimonials, build forms, collect Personal Information and Content from You.
- “Green Stick,” “We,” “Us,” and “Our” refer to Green Stick Marketing, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Submitter,” “You,” and ”Your” refer to an individual, company, or organization that provides personal data or user-generated content to the “Service.” A Submitter must be at least 13 years of age.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, video, graphics, software, applications, designs, features, forms, sequences, and other materials that are available on the Website or are otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created, uploaded, or submitted by the User or Submitter. “Your Content” is Content that you create, own, or is submitted to you through the Website.
- “Personal Information” refers to content collected from an Organization by the Green Stick service or obtained through a third-party or mechanism that contains information such as but not limited to name, email, phone, and address.
- “Highly Sensitive Information” refers to sensitive information such as health records, credit card data, social security numbers, bank accounts, or information that may have additional legislation or regulations around how it is collected and stored or would cause damage to an individual if were made public.
B . Acceptable Use
Short version: Green Stick hosts a wide variety of content from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using Green Stick, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any organization, individual or group, including Green Stick employees, officers, and agents, or other Green Stick Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with Green Stick’s servers in ways that could harm our Website or Service, to place an undue burden on Green Stick’s servers through automated means, or to access Green Stick’s Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Green Stick, or by fraudulently misrepresenting your identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
Scraping refers to extracting data from our Website or Service via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Green Stick’s API or promoted embeddable web forms or landing pages.
You may not scrape Green Stick for spamming purposes, including for the purposes of selling Green Stick users’ personal information, such as to recruiters, headhunters, and job boards.
All use of Green Stick data gathered through scraping must comply with the Green Stick’s Privacy Statement.
C. User-Generated Content
Short version: When submitting content to Green Stick you give the Organization that has access to it full ownership and control of that information and content. Green Stick has some limited rights to utilize that information but only to provide our service.
1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. User-Generated Content that you post, upload, link to or otherwise make available via the Service may be used by the Organization as they see fit. We are not responsible for any public display or misuse of your User-Generated Content.
2. Green Stick May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Boast terms or policies.
3. Ownership of Content, Right to Post, and License Grants
When a Submitter submits User-Generated Content to Green Stick through any mechanism or through a form the Content including written reviews, feedback, images, and video becomes the property of the Organization. The Organization will retain ownership and grant us — and other Green Stick Users within the Organization — certain legal permissions and licenses to utilize that information.
4. License Grant to Us
Green Stick will retain the legal right to host the Content, publish it, and share it. You and the Organization grant us and our legal successors the right to store, parse, and display submitted Content and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups, show it to you and other users, parse it into a search index or otherwise analyze it on our servers, share it with other users, and perform it, in the case Your Content is video or audio.
This license does not grant Green Stick the right to sell the Content or otherwise distribute or use it outside of our provision of the Service.
5. Moral Rights
To the extent this agreement is not enforceable by applicable law, You grant Green Stick the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
5. Data Retention Period
Content will be held within the Green Stick application until the Organization voluntarily removes it or their account is terminated. When Content is removed from Green Stick it may take up to 30 days before the content is removed from the Green Stick service. Content may remain in secured and encrypted backups for up to 1 year.
6. Right to be Forgotten
7. Highly Sensitive Information
Under no circumstance should you use Green Stick to Submit any content that would be considered Highly Sensitive Information such as Personal Health Information (PHI), credit card numbers, bank account information, social security information, or data that could be extremely damaging to You if it was made public.
D. Use of Collected Information
Short version: Any information you provide Green Stick will be available to the Organization.
Green Stick forms and the information that is collected is customizable by the Organization. You are voluntarily submitting information such as your name, email, phone, and other personal details to Green Stick to be delivered to the Organization.
This information will be available to the Organization and You should expect to have this information used by the Organization for commercial purposes. This may include but is not limited to using video or feedback content in advertisements and marketing.
Information you voluntarily submit to the Organization may be used by the Organization for solicitation purposes.
E. Permission for Green Stick Service Notifications
Short Version: If your information is provided to Green Stick, the Organization may use the Green Stick service to notify you by means such as email and text message. Green Stick will provide you a mechanism to opt-out of messaging from that Organization via the Green Stick service.
When You submit User Generated Content and your Personal Information to Green Stick, or when an Organization uses Green Stick to manually or automatically add your information through an API or 3rd party service, you give Green Stick the permission to send you notifications.
These notifications are designed by the Organization and sent by email, text message, or other means. Green Stick has no control over what the Organization includes in these messages nor how often they are sent and what content they include.
Green Stick will provide a mechanism for You to unsubscribe from any email notification sent by Green Stick on behalf of the Organization with a clearly defined link in the message.
Green Stick will provide a mechanism for You to unsubscribe from SMS notifications sent by Green Stick on behalf of the Organization by replying with “unsubscribe.”
If the Organization has exported your information or utilized collected information in their own or any third party systems, Green Stick would have no ability to enable an opt-out or unsubscribe mechanism and you will need to work directly with the Organization or other service.
If your Personal Information has been submitted or is collected in the accounts of multiple separate Organizations, you will not be unsubscribed or removed for the notification from each Organization.
Green Stick will provide our best personal and technical effort to ensure you are successfully unsubscribed when you follow the appropriate procedures but cannot be held responsible for unsuccessful attempts or any manipulation of your details in the system from the Organization.
Short Version: If you are being incentivized or compensated for a review it is a best practice to note that in part of your video or written review.
In the United States, The Federal Trade Commission (FTC) regulates advertising and marketing and has the authority to file lawsuits and impose penalties against companies that do not comply with its rules. The Organization will ultimately be responsible for abiding by any local, state, federal, or governing laws regarding how they use the Content.
When You submit content and you are compensated or incentivized, you should mention this in your Content submission. This can be done in plain language or by simply including a hashtag such as #paid or #incentivized in an appropriate field or message.
G . Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service.
Green Stick provides the Website and the Service “as is” and “as available, ” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether expressed, implied, or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Green Stick does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, Content, or other material obtained from the Service.
H . Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
The Submitter understands and agrees that Green Stick and the Organization will not be liable to the Submitter or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
- the use, disclosure, or display of User-Generated Content;
- use or inability to use the Service;
- any modification, price change, suspension, or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Green Stick liability is limited whether or not we have been informed of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
I. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with the Organization, you agree to release Green Stick from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Green Stick (1) promptly gives you written notice of the claim, demand, suit, or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit, or proceeding (provided that you may not settle any claim, demand, suit, or proceeding unless the settlement unconditionally releases Green Stick of all liability); and (3) provides to you all reasonable assistance, at your expense.
J . Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. These terms are made available to you each time You have the option to submit to Green Stick and should be reviewed each time prior to submitting.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Green Stick and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflict of law provisions. You and Green Stick agree to submit to the exclusive jurisdiction and venue of the courts located in Wilkes County, North Carolina, United States.
Green Stick may assign or delegate these Terms of Service and/or the Green Stick Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you are void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Green Stick to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of Green Stick, or by the posting by Green Stick of a revised version in accordance with Section J . Changes to These Terms. These Terms of Service, together with the Green Stick Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and Green Stick relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us at firstname.lastname@example.org