Garden Tags Terms of Service

Garden Tags Terms of Service
Effective Date: 7th August 2018

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.
By downloading and/or accessing the Services, you, the "user", agree to be bound by these Terms and by our Privacy Policy and warrant that you have the legal right and capacity to be bound by these Terms and such policy.
 
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.
GardenTags is an app and website platform where the content and information you share is made public. 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:

1. Content that is inaccurate or misleading.
2. Sexually explicit or pornographic content.
3. Commercial content i.e. content that is selling products or services. Any commercial entity wishing to use the Services must get the express consent of GardenTags before creating an account and posting this content.
4. Content that infringes an individuals or company's intellectual property, privacy or rights in any way.
5. Content that infringes GardenTags’ intellectual property including but not limited to unauthorised usage of our logo, trademarks and branding. If you'd like to use our marks please ensure you get our express consent first.
6. Content that reveals another individual’s identity without their express consent.
7. Content that is in any way racist, hate inducing, bullying or harassing.
8. Upload excessive amounts of content

You must not do the following:

1. Use content scraping tools across our Services without our express consent.
10. Reverse engineer our services and software.

11. Create a profile that infringes or misrepresents another individuals or company's identity.
12. Do anything that violates any laws or regulations.

Interactions with other users:
m. Users are solely responsible for interactions with others. Users understand that GardenTags does not in any way screen its users. All users agree to exercise caution and good judgement in all interactions with others, particularly if meeting offline or in person.
n. You must not use the comments feature to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. 
o. Please use common sense when sharing information with other users particularly personal information such as email address, telephone number and home address
p. If a user explicitly tells you not to mention them in a comment or comment on their posts you must abide by this
 
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 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 task information and task date ranges provided by the Services such as growing zone, 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, plant prices, plant retailer 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 deletion 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.
 
7. Privacy
Any information that you provide to GardenTags is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use as of this information set forth in the Privacy Policy.
 
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. Payments
You can pay for a premium subscription through the Apple iTunes store or the Google Play store (the ‘Payment Method). If you signed up for GardenTags Premium through Apple iTunes store or Google Play store you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by GardenTags, other than those set out in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at support@gardentags.com
 
12. Fees
In order to access certain functionality of the Services, you may be required to pay premium subscription fees. Premium subscription fees, along with any required taxes, may be paid on a monthly, 6 monthly or annual basis. All subscription fees are payable in advance. Subscribers changing from monthly to 6 month and/or to annual subscriptions will have the 6 month or annual rates take effect at the beginning of the next billing date. If you upgrade your subscription or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the subscription fees, and other charges you incur in connection with your GardenTags account, whether on a one-time or subscription basis. GardenTags reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

13. Autorenewal
Premium subscription fees will be billed automatically at the start of the monthly, 6 monthly or annual period, as applicable. These fees will auto-renew 24-hours before the end of the current period unless your Premium subscription is cancelled 24 hours before the end of the current period. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Premium subscription at any time, as described below. 
 
14. Cooling off
If you live outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a GardenTags Premium subscriber during the Cooling-off Period. Please check the terms of Apple iTunes Store or the Google Play Store for details.
 
15. Cancellation
If you signed up through the Google Play or iTunes store, you may cancel your Premium subscription by cancelling through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your Premium subscription ends, your account will become and remain a standard GardenTags account. You can renew your subscription at any time without opening a new account, provided that Premium subscription fees may have increased.
 
16. 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.
 
17. Termination
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.
 
18. Indemnity
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.
 
19. Disclaimer and limitations of liability
PLEASE ENSURE YOU READ THIS SECTION CAREFULLY 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.
 

1. The Services are available on an "As Is" basis

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.

2. Links

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.

3. Limitation of Liability

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.
 
20. 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'
 
21. General Terms

1. Waiver and severability

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.

2. Governing law

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.

3. Entire agreement

These Terms and our Privacy Policy constitute the entire and exclusive agreement between GardenTags and users.

4. We may revise these Terms from time to time, the most current version will always be found within the application and Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
5. If you have any questions or queries regarding these Terms, please feel free to contact us and we'll be happy to assist where we can.