By using our software and services, you agree not to i) modify, prepare derivative works of, or reverse engineer our services, ii) knowingly or negligently use our software and services in a way that abuses or disrupts our intellectual property, networks, user accounts, or services, iii) trasmit through services any harassing, indecent, fraudulent, obscene, or unlawful material, iv) market, or resell the software or services to any third party, v) use the services in violation of applicable laws or regulations, vi) use the services to send unauthorized advertizing, or spam, vii) harvest, collect, or gather user data without their consent, or vii) trasmit through the services any material that may infringe on the intellectual property, privacy, or other rights of third parties.
You acknowledge taht we, or our licensors, retain all proprietary right, title and interest in the software and services, our name, logo, and other marks (together, the PlantPlaces.com marks), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name, or social media account name or handle which incorporates in whole or in part the PlantPlaces.com marks, or is similar to any of these.
The services may contain information, text, links, graphics, photos, or other materis ("Content") including content created with, or sumbmitted to, the services by you, or through your Account ("Your Content"). We take no responsibilty for and we do not implicity endorse any of your content.
By submitting your content tot he services, you represent and warrant that you have all rights, power, and authority necessary to grand the rights to Your Conteint contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liabilty if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, and you grant PlantPlaces.com the following license to use your content:
When Your Content is created with or submitted to our services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferrable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connnection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, distribution, broadcast, or publication by other companies, organizations, or individuals who partner with PlantPlaces.com. You alsoa gree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about PlantPlacesc.om or our services that you provide to us are entirely voluntary, and you agree that PlantPlaces.com may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, or if you otherwise create liability for PlantPlaces.com and affiliated assets.
Since we respect content owner rights, it is PlantPlaces.com's policy to respond to alleged infringement notices that comply with the Digital Millenium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infrigement and is accessible via the service, please notify PlantPlaces.com. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Indentification of the material that is claimed to be infringing and where it is located on the service; 4. Information reasonably sufficient to permit PlantPlaces.com to contact you, such as your address, email, and phone number. 5. A statement that you have a good faith belief that the user or material in the manner complained of is not authorized by the copyright owner, its agent, or law; and6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA agent:
Attn: DMCA Notice
11411 Snider Road
Cincinnati, OH 45249
YOU AGREE THAT PLANTPLACES.COM SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNATIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PLANTPLACES.COM HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PLANTPLACES.COM'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
If you fail, or Plantplaces.com suspects on reasonable grounds that you have failed, to comply with any of the provisions of this agreement, PlantPlaces.com may, without notice to you, i) terminate this agreement and/or your PlantPlaces.com account, ii) terminate your license to use the software, and/or iii) preclude your access to the services.
PlantPlaces.com further reserves the right ot modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and, to the full extent permitted by law, PlantPlaces.com will not be liable to you or to anythird party should it exercise such rights.
These terms of service are governed by the laws of Hamilton County, Ohio, United States of America, and all parties submit to the non-exclusive jurisdiction of the courts of this State.