Agreement between User and Litter CleanUp App
Welcome to the Litter CleanUp app. The Litter CleanUp app (the "App") is comprised of various app pages operated by Clean Planet Project Co.. The Litter CleanUp app is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Litter CleanUp app constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 
  
Clean Planet Project Co. is a non-profit with rights to the Litter CleanUp app.
  
The purpose of the Litter CleanUp app is to encourage more people to pick up litter and live more eco-friendly lifestyles. 
  
Privacy 
Your use of the Litter CleanUp app is subject to Clean Planet Project Co.'s Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices. 
  
Electronic Communications 
Using the Litter CleanUp app or sending emails to Clean Planet Project Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing. 
  
Your Account 
If you use this app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Clean Planet Project Co. is not responsible for third party access to your account that results from theft or misappropriation of your account. Clean Planet Project Co. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Additionally, you agree to the following:

• I confirm that all pictures taken with this app represent real litter and were not placed by myself or anyone in my party.

• I confirm that all trash was properly discarded in a public or self-owned trash bin.

• I agree to pick up litter at my own risk.

Children Under Thirteen 
Clean Planet Project Co. collects personally identifiable information from children under the age of thirteen. Clean Planet Project Co. collects this information for the following reason(s): 
  
Children under the age of 13 may download and use the Litter CleanUp app. To sign up, they will need to provide an email, username, and password. Full name and date of birth are optional pieces of information that may be collected at the time of registration. Clean Planet Project Co. will not make full names public. The company will use data collected on ages only to determine which age groups are using the app. Additionally, the Litter CleanUp app will inquire whether or not each user would like location services enabled for the app. If the child under the age of 13 enables this feature, the location of litter that the user picks up will be collected. This feature is in place in order to create a map of trash that has been picked up with the Litter CleanUp app. 
  
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this app. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use the Litter CleanUp app only with permission of a parent or guardian. 
  
Links to Third Party Sites/Third Party Services 
The Litter CleanUp app may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Clean Planet Project Co. and Clean Planet Project Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clean Planet Project Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clean Planet Project Co. of the site or any association with its operators. 
  
Certain services made available via the Litter CleanUp app are delivered by third party sites and organizations. By using any product, service or functionality originating from the Litter CleanUp app, you hereby acknowledge and consent that Clean Planet Project Co. may share such information and data with any third party with whom Clean Planet Project Co. has a contractual relationship to provide the requested product, service or functionality on behalf of the Litter CleanUp app users and customers. 
  
No Unlawful or Prohibited Use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use the Litter CleanUp app strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to Clean Planet Project Co. that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. 
  
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Clean Planet Project Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 
  
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Clean Planet Project Co. content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Clean Planet Project Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Clean Planet Project Co. or our licensors except as expressly authorized by these Terms. 
  
International Users 
The Service is controlled, operated and administered by Clean Planet Project Co. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Clean Planet Project Co. Content accessed through the Litter CleanUp app in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 
  
Indemnification 
You agree to indemnify, defend and hold harmless Clean Planet Project Co., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Clean Planet Project Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clean Planet Project Co. in asserting any available defenses. 
  
Arbitration 
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 
  
Class Action Waiver 
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Clean Planet Project Co. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 
  
Liability Disclaimer 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLEAN PLANET PROJECT CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME. 
  
CLEAN PLANET PROJECT CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLEAN PLANET PROJECT CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEAN PLANET PROJECT CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEAN PLANET PROJECT CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. 
  
Termination/Access Restriction 
Clean Planet Project Co. reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 
  
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clean Planet Project Co. as a result of this agreement or use of the App. Clean Planet Project Co.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Clean Planet Project Co.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Clean Planet Project Co. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 
  
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clean Planet Project Co. with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Clean Planet Project Co. with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 
  
Changes to Terms 
Clean Planet Project Co. reserves the right, in its sole discretion, to change the Terms under which the Litter CleanUp app is offered. The most current version of the Terms will supersede all previous versions. Clean Planet Project Co. encourages you to periodically review the Terms to stay informed of our updates. 
  
Contact Us 
Clean Planet Project Co. welcomes your questions or comments regarding the Terms: 
  
Clean Planet Project Co. 
1995 E Coalton Rd #36-202
Superior, Colorado 80027 
  
  
Email Address: 
info@cleanplanetproject.org 

  
Effective as of August 24, 2020