Garden Tags Terms and Conditions
Effective Date: 31st August 2016
Here is the not so small print that lets us all know where we stand. If you do have any questions, go ahead and contact us and we'll be happy to help where we can.
GardenTags's services and products are provided by 4D Media Limited ("GardenTags") a company incorporated and registered in Jersey in the Channel Islands with registration number 118316. The Terms of Service ("Terms") govern your access to and use of the GardenTags’ mobile application, websites, products and services. These are collectively known as "Services". Please do ensure that you read them carefully. If you are unsure please contact us.
1. Who can use GardenTags
By using our Services you are confirming that you are able to enter into a binding contract with GardenTags and are able to comply with these Terms and all applicable laws. To register and create an account with GardenTags you must be over the age of 16 and provide full and accurate information. With the express consent of GardenTags it is possible to create an account on behalf of an organisation, company or other entity, in doing so "you" includes you and the entity and you represent and warrant that you are authorised to grant all permissions and licences provided in these Terms and bind the entity to these Terms, and that you agree these Terms on behalf of entity.
2. Consent to automatic upgrades
GardenTags is a mobile app and web application that is downloaded to your phone, tablet and other devices. By using our Services you agree that we may automatically download upgrades to your phone, tablet and other devices. In such instances these Terms will apply to those upgrades.
3. How we expect you to use our Services.
We want you to get as much fun and enjoyment out of our Services as possible however, there are certain things that aren't acceptable because they either have a negative impact on our gardening community or on our ability to offer this service to you. You must not upload content or post hyperlinks to content that includes:
You must not do the following:
If GardenTags has reason to believe that unacceptable usage has occurred by a user then we will automatically suspend the account and remove all content associated with the account. We also reserve the right to take legal action against the user. GardenTags also reserves the right at all times to remove content, suspend or terminate any account in its sole discretion and without giving reason.
4. Content on the Services
All content or hyperlinks, whether publicly posted or privately transmitted, are the sole responsibility of the person who originated such content. We may not monitor or control the content or hyperlinks posted via the Services and, we cannot take responsibility for such content or hyperlinks. Any use or reliance on any content, hyperlinks or materials posted via the Services or obtained by you through the Services is at your own risk.
You represent and warrant that: (a) the content you post using the Services is owned by you or otherwise you have the right to use such content, (b) the content you post does not violate, misappropriate or infringe another person’s intellectual property rights, privacy rights or any other rights in any way, (c) you will pay for all royalties, fees and all other monies owed as a result of the content you post using the Services.
The Services are provided for the United Kingdom and the Crown Dependencies and not for any other countries and as such the content must not be relied upon and users should use their own judgement when making planting and plant care decisions. Within the United Kingdom and other relevant countries the user accepts that there are many variables that will affect the accuracy of the content and tasks provided by the Services such as local climates, soil conditions therefore the content must not be relied upon.
GardenTags hosts thousands of pieces of content on the site including but not limited to comments, images, plant care information and so on as such it is not possible for us to be aware of every piece of content within our Services. We operate a 'notice and takedown' policy so if you believe a piece of content is in accurate or contravenes our Terms please contact us.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been incorrectly labelled or are otherwise deceptive. Under no circumstances will GardenTags be liable in any way for any such content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any user content from GardenTags, we may retain your user content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, GardenTags and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your user content that other users have stored or shared through GardenTags.
5. Licence to use our Services
Subject to these Terms and our policies we grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Services.
6. The provision of Services
The Services that GardenTags provides are always evolving and the form and nature of the Services that GardenTags provides may change from time to time without prior notice to you. In addition, GardenTags may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by GardenTags on the Services are subject to change. In consideration for GardenTags granting you access to and use of the Services, you agree that GardenTags and its third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
8. Passwords and Security
You are responsible for keeping your password safe and not divulging it to anyone else. When setting your password it should be 'strong'. A strong password typically has a mixture of upper and lower case characters and includes numbers and symbols.
We take security very seriously however we cannot guarantee unauthorized access to the Services. If you suspect a breach of security, please notify us immediately via contact us.
9. Your rights
You retain your rights to any content you submit, post or display on or through the Services. By submitting, posting or displaying content on or through the Services, you grant GardenTags a worldwide, non-exclusive, royalty-free licence (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
You agree that this licence includes the right for GardenTags to provide, promote, and improve the Services and to make content submitted to or through the Services available to other companies, organizations or individuals who partner with GardenTags for the syndication, broadcast, distribution or publication of such content on other media and services, subject to these Terms.
Such additional uses by GardenTags, or other companies, organizations or individuals who partner with GardenTags, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. You understand that your content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit content for such use, it may subject you to liability. GardenTags will not be responsible or liable for any use of your Content by GardenTags in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
10 GardenTags’ rights
All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of GardenTags and its licensors. The Services are protected by copyright, trademark, and other laws of Jersey and other countries. Nothing in these Terms gives you a right to use the GardenTags name or any of the GardenTags trademarks, logos, domain names, and other distinctive brand features unless we give you our express consent in writing.
11 Copyright policy
GardenTags respects the intellectual property rights of others and we expect the users of the Services to respect those rights too. We will respond to alleged notices of copyright infringement if they are provided to us in the correct manner. If you believe your copyright has been infringed please provide us with (a) full details of the copyright infringement including identification of the content or works that you claim have been infringed,(b) your contact information including name, address and email (c) a signed statement confirming that you are the copyright owner noting the alleged infringement (d) if you are acting on behalf of someone whose copyright has been infringed please provide a signed statement from the owner that you are authorised to act on their behalf.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, GardenTags will also terminate a user's account if the user is determined to be a repeat infringer. Please notify us by email via contact us.
GardenTags may terminate the licence to use the Services at any time without notice and with or without cause. On termination you will still be bound by sections 3, 4, 9, 10, 11, 13, 14, 15 and 16.
If you use our Services, you agree to indemnify and hold harmless GardenTags and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees in any way related to (a) your access to or use of our Services, (b) your user content, or (c) your breach of any of these Terms.
14. Disclaimer and limitations of liability
PLEASE ENSURE YOU READ THIS SECTION CAREULLY as it LIMITS THE LIABILITY of GardenTags its parents, subsidiaries, related companies, affiliates, employees, directors, officers, agents, representatives and licensors (collectively known as “GardenTags Entities"). Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE GARDENTAGS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE GARDENTAGS ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE GARDENTAGS ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GARDENTAGS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE.
The Services may contain links to third party websites or resources. You acknowledge and agree that the GardenTags Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the GardenTags Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
GARDENTAGS WILL NOT BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGES THIS INCLUDES ALL DIRECT AND INDIRECT DAMAGES , CONSEQUENTIAL OR PUNITIVE DAMAGES , OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND CONTENT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (II) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
15. Your mobile network provider may charge for the 'Invite a friend' SMS service within GardenTags. The cost of which are the sole responsibilty of the user. In addition, GardenTags cannot be held responsible for the user content of the SMS, Twitter, Facebook and email invites. The user warrants that the content of the invites does not contravene our usage policy in section 3. above. The user also warrants that they have the full permission to contact the 'friend' via 'invite a friend'
16. General Terms
The failure of GardenTags to enforce any right or provision in these Terms shall not been deemed as a waiver of such rights or provisions. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any non-contractual obligations arising out of or in connection with it shall be governed by the laws of Jersey. The Jersey courts shall have exclusive jurisdiction over any dispute or claim (including any non-contractual disputes or claims) arising out of or in connection with the Terms.