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Terms of Agreement
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Eligibility and Acceptance
- To use our Service, you must be 13 years of age or older. Users between 13 and 17 years old must have their legal guardian's consent.
- By accessing or using the Service, including creating an account ("Account"), you confirm your acceptance of these Terms of Service and the Privacy Policy.
- If using the Service through a Social Networking Site ("SNS") like Facebook or Google+, you also agree to comply with its terms.
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Agreement
- By installing, accessing, or using the Service, you signify your agreement to these Terms of Service. If you do not agree, do not use the Service.
- Service usage is prohibited where not allowed by law.
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Amendments
- Mustard reserves the right to modify these Terms of Service and the Privacy Policy at any time. Changes take effect immediately upon posting. Continued use of the Service after changes means you accept those changes.
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Termination
- If you disagree with any part of the Terms, Privacy Policy, or any other policy related to the Service, you must immediately stop using the Service and your license to use the Service will be revoked.
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Eligibility and Acceptance
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License Grant
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Limited Use License:
By agreeing to these Terms and following Mustard's policies, we grant you a non-exclusive, revocable license for personal, non-commercial use of our Service. This license is subject to the restrictions outlined below. Misuse of the Service under these terms may result in termination of your license.
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Account Security
You are responsible for keeping your Account and login information secure. Inform Mustard immediately of any security breach. Mustard may reclaim usernames for any reason. -
License Limitations
Any use of the Service in violation of these limitations may result in termination of your license. Prohibited actions include:- Using cheats, hacks, or any unauthorized third-party software.
- Disrupting servers or the Service.
- Attempting unauthorized access to the Service or other accounts.
- Posting objectionable content or infringing others' rights.
- Reverse engineering or attempting to derive source code.
- Soliciting personal information or posting private information of others.
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Restrictions on Use
In addition to the other terms outlined in this agreement, you are expressly prohibited from:- Data Harvesting: Extracting, collecting, or using data from BlueSkies through automated means (such as bots, robots, spiders, or scrapers) without prior written consent from Mustard.
- Unauthorized Use: Utilizing data, content, or any part of BlueSkies for any external purpose, commercial or otherwise, without obtaining express written permission from Mustard.
- Misuse of the Service: Engaging in any activity that interferes with or disrupts BlueSkies's functionality, or accessing the service in a manner that violates the terms of this license grant.
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Suspension and Termination
Mustard may limit, suspend, or terminate your account if you violate these terms or engage in illegal or improper use of the Service. You may lose access to your account, including any associated items or benefits, without compensation. Mustard reserves the right to discontinue the Service or any part thereof, with no obligation to provide refunds or compensation. Accounts inactive for 180 days may be terminated. You can terminate your account by contacting support@blueskies.world.
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Limited Use License:
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Ownership
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Application and Service
Mustard asserts full ownership over all rights, titles, and interests in the Service and its applications, including all intellectual property rights. This statement is comprehensive, ensuring that any component or aspect of the Service is unequivocally the property of Mustard, safeguarding against unauthorized use or claims of ownership by users or third parties. -
Accounts
Users are explicitly informed that they possess no ownership or property interest in their accounts. All rights related to the accounts are owned by Mustard. This clause is crucial for maintaining control over the service and preventing any potential legal disputes regarding account ownership, emphasizing that any investment (time, virtual goods purchases) users make in their accounts does not equate to an ownership stake. -
Virtual Items
Mustard maintains that users have no right or title to any content within the Service, including virtual goods or currency, regardless of whether these were earned or purchased. This clause clarifies the nature of virtual transactions within the app, underscoring that purchases or achievements within the app do not convey real-world ownership rights. -
User Content
Users are responsible for the content they upload or transmit through the Service, with assurances that such content does not violate laws, contractual restrictions, third-party rights, and is free from malicious software. Mustard reserves the right to manage (e.g., review, edit, delete) user content at its discretion. Additionally, by uploading content, users agree to Mustard processing their personal information per its Privacy Policy. This section establishes guidelines for user-generated content, ensuring it adheres to legal and ethical standards, and highlights Mustard's authority to control content within its Service to maintain a safe and compliant online environment.
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Application and Service
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CO2 Calculations and Offsetting Terms
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Scope
Mustard resells projects with the specific aim of making reductions in CO2 and other greenhouse gas concentrations in order to mitigate climate change.
Mustard is using its client’s contact details only for the generation and / or acquisition of Verified Emission Reductions (VERs) under the Verified Carbon Standard or the Gold Standard (VCUs or GS VERs). The verification of VCUs and GS VERs is carried out by independent UN accredited auditors, such as TUV, SGS and DNV. The generated and / or acquired emission rights will be retired by our partners South Pole Carbon Asset Management Ltd. (hereinafter South Pole) through an independent registry (such as Markit or APX) and thus will be withdrawn permanently and irrevocably in the market for emission rights.
These terms and conditions apply in the respective current version at the time of the contract's business for all relationships between Mustard and their customers.
These terms and conditions apply exclusively. Opposing or deviating conditions of these terms and conditions of the customer will not be recognized unless Mustard has agreed to these in a particular case in writing.
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Formation of Contract
The contract is concluded by an order of the customer using the order form provided for this purpose via the Internet and the subsequent adoption by Mustard. The acceptance of the order is subject to confirmation of the payment for the compensation amount to be paid. Upon receipt of remuneration undertaken to Mustard for the desired VERs by the customer to purchase set above and to close down, so that they are permanently withdrawn from the market. The VCUs and GS VERs are taken from a project portfolio defined by Mustard.
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Delivery
The customer will receive a non-transferable certificate, sent by email, to confirm that the emissions will be compensated. The certificate does not imply carbon neutrality or anything other than the retirement of the specified number of VERs. The customer will not receive title to the VERs achieved by any emission reduction projects. The formal retirement of the VERs purchased shall be carried out by South Pole in the calendar year following the year in which the VER purchase is made by the customer. The customer acknowledges that South Pole will retire the VERs purchased together with the VERs purchased by other customers and hence the VERs purchased by the customer shall not be retired individually and no individual formal retirement certificate will be provided by South Pole. Should the customer require an individual formal retirement certificate the customer should contact Mustard prior to making any purchase as such requirement may result in an additional charge.
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Maturity and Payment
The customer understands that by entering into this agreement, he or she is sending a purchase order to Mustard and that the customer’s credit/debit card will be charged for the amount of the purchase by clicking the purchase button.
Upon receipt of payment, Mustard will instruct South Pole, who will undertake to offset the CO2 emissions specified and subject to this agreement.
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Liability
The liability of Mustard for its own negligence, as well as their employees, legal representatives and vicarious agents is limited to intent.
Third-Party Carbon Offset Providers- BlueSkies acts as a reseller for carbon offset credits provided by third-party entities, including but not limited to South Pole Carbon Asset Management Ltd. These credits are retired through independent registries such as Markit, APX, or equivalent, as part of the carbon offsetting process.
- While BlueSkies diligently selects its third-party providers to ensure the quality and integrity of the carbon offset projects we offer, BlueSkies is not responsible for the direct actions, omissions, or the management of these third-party entities. This includes, but is not limited to, negligence, or administrative errors on the part of the third-party providers.
- Customers acknowledge that BlueSkies acts solely as a reseller of carbon offsets and is not directly involved in the management, certification, or retirement of carbon credits. Any claims or disputes arising from the actions or inactions of third-party carbon offset providers, including South Pole Carbon Asset Management Ltd., shall be directed to the respective entity responsible for such issues.
- BlueSkies disclaims all liability for any losses, damages, or claims that may arise from the purchase, use, or reliance on carbon offsets provided by third-party entities. Customers agree to indemnify and hold harmless BlueSkies, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable solicitor's fees) arising from the actions or omissions of any third-party carbon offset provider.
- BlueSkies commits to providing assistance to customers in resolving any issues related to the carbon offset process to the extent possible, including facilitating communication with third-party providers where appropriate.
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Disclosure for CO2 calculations
Mustard’s emissions calculations are based on best available information and are used to determine an appropriate amount of CO2 for carbon offset purposes.
The calculations are subject to regular annual review to reflect reasonable practice at the time. If this information changes, Mustard holds no liability to offset any further emissions from previous transactions.
Mustard offsets emissions based solely upon figures provided by the customer and is not responsible for the offset of any CO2 emitted from products, services or processes outside the scope of those agreed or as a result of errors in your reporting or calculations. Mustard has taken all reasonable care to ensure that the data stated herein are true and accurate in all material aspects as at the date of calculation. Whilst every effort has been made to ensure the accuracy of data presented, Mustard makes no representation or warranty express or implied, as to the completeness, accuracy, adequacy, quality or fitness of the information for any particular purpose or use and all such representations or warranties are expressly excluded to the fullest extent that such representations or warranties may be excluded by law.
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Scope
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Updates to the Service
You understand that the Service is an evolving one. Mustard may require that you accept updates to the Service and to Mustard’s apps you have installed on your computer. You acknowledge and agree that Mustard may update the Service and Mustard apps, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use Mustard’s Apps. -
Privacy
Our privacy policy can be found here Privacy Policy -
Disclaimer of Warranties
Without limiting Mustard's liability under section 8 below, the service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Mustard does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the app or the service are free of viruses or other harmful components. -
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
Mustard shall not be liable for any indirect, incidental, consequential, special, punitive, or other similar damages, including but not limited to loss of revenues, lost profits, lost data, business interruption, or other intangible losses (however qualified), arising from or related in any way to these Terms of Service or the service itself, whether based on contract, tort, or any other legal theory, and regardless of whether Mustard has been informed of the possibility of such damages. Mustard's liability to you shall not exceed the amount you have paid to Mustard under these Terms of Service in the six (6) months immediately preceding the date you first assert a claim. If you have not made any payment to Mustard during this period, your sole remedy (and Mustard's exclusive liability) is to cease using the service and cancel your account.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above disclaimers and limitations may not apply to you. In cases where applicable law does not allow Mustard to disclaim a warranty or limit its liability, the extent of such warranty and Mustard's liability shall be the minimum permitted under such law. Importantly, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury resulting from Mustard's negligence or fraud.
You agree to indemnify, defend, and hold Mustard harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Service, or any breach by you of these Terms of Service, provided the infringement of rights is not due to your intentional or negligent behaviour.
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Dispute Resolution and Law
Should a dispute arise between you and Mustard, we strongly encourage you to first contact us directly for resolution through our customer support email at support@blueskies.world. All matters, including these Terms of Service and our Privacy Policy, and any related disputes, will be governed by the laws of the United Kingdom, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Mustard must be resolved exclusively by a court located in London, England. -
Severability
You and Mustard agree that if any portion of these Terms of Service or of the Mustard Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect. -
General Provisions
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Assignment
Mustard can transfer these Terms and its Privacy Policy to others at any time. You can't transfer your rights under these Terms without Mustard's agreement, which if done without permission, won't be valid. -
Supplemental Policies
Mustard may introduce additional rules for specific services like forums or contests. Your use of these services is also subject to these Terms. -
Entire Agreement
The Terms, any extra policies, and any referenced documents (including the Privacy Policy) represent the full agreement between you and Mustard, replacing any previous agreements related to the Service. -
No Waiver
Mustard's failure to enforce these Terms strictly or its decision not to exercise a right under them doesn’t mean it waives any rights. Only a written and signed waiver is considered valid. -
Notices
Notices to you may be posted on our website or sent by email. Your notices to us must be in writing and sent to our legal department at the specified address. Notices not sent as per these requirements won't be valid. -
Equitable Remedies
Mustard’s rights and obligations are unique and not replaceable by money alone. In case of your breach, Mustard is entitled to equitable relief (such as an injunction) without needing to post a bond or prove damages. You waive the right to seek such relief and agree to seek only monetary damages. -
Force Majeure
Mustard isn’t liable for delays or failures caused by events outside its reasonable control, such as natural disasters, wars, or strikes.
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Assignment