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Terms of Service
Terms of Service - last updated 26/02/08.Privacy on The Garden Network We care about the privacy of users, We do not share, sell or distribute your personally identifying details with any 3rd parties. Data is internally processed only. By accessing or using our web site at www.garden-network.co.uk (the "Site") or by posting, you (the "Member") signify that you have read, understand and agree to be bound by these Terms of service ("Terms of service" or "Agreement") and the seperate 'Code of Conduct', whether or not you are a registered member of The Garden Network. We (The Garden Network) reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of service at any time without further notice. If we do this, we will post the changes to these Terms of service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of service. If you do not agree to abide by these or any future Terms of service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of service and to review such changes. This website (www.garden-network.co.uk) The Garden Network is wholly owned and operated by Applegate Gardens Limited, based in Bedfordshire, England. Eligibility to SignUp to The Garden Network Membership in the Service is void where prohibited. This Site is intended solely for members who are sixteen (16) years of age or older. Any registration by, use of or access to the Site by anyone under 16, is unauthorized, unlicensed and in violation of these Terms of service. By using the Service or the Site, you represent and warrant that you are 16 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. This Garden Network is not open to website developers, designers and online retailers, software developers and online service providers (or any individual/organisation working on their behalf) or any other forms of business attempting to spam users of this site. Duplicate accounts will be deleted. SignUp Data and Account Security on The Garden Network In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any signup forms on the Site ("SignUP Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the SignUP Data, and any other information you provide to The Garden Network, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Proprietary Rights in Site Content on The Garden Network All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the The Garden Network, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the The Garden Network's prior written permission, except that the foregoing does not apply to your own member Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own member Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of The Garden Network, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Members Conduct on The Garden Network You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. We do allow tradesmen to use the Site for local promotional reasons, and to network with potential clients. We do not allow mass promotion, or any attempt to spam all members about your service. The Garden Network will remove members who go against the nature of the Site, and The Garden Network's decision will be final. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Upon 3rd party notification of libelous material posted by a member, The Garden Network will review and delete such material. Repeated postings will result in the member in question being removed from The Garden Network for infringement of our repeat offender policy. In addition, you agree not to use the Service or the Site to: harvest or collect email addresses or other contact information of other members from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; register for more than one member account, register for a member account on behalf of an individual other than yourself, or register for a member account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social security numbers and credit card numbers; solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another's account, service or system without authorization from the The Garden Network, or create a false identity on the Service or the Site, upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Garden Network, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose The Garden Network or its members to any harm or liability of any type. Members Content Posted on The Garden Network You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other members (collectively the "member Content"). You may not post, transmit, or share member Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the The Garden Network may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or member Content in its sole discretion, for any reason or no reason, including member Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any member Content you post or store on the Site or provide to The Garden Network. When you post member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the member Content on the Site. By posting member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to The Garden Network an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such member Content, and to grant and authorize sublicenses of the foregoing. You may remove your member Content from the Site at any time. If you choose to remove your member Content, the license granted above will automatically expire, however you acknowledge that The Garden Network may retain archived copies of your member Content. The Garden Network does not assert any ownership over your member Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your member Content and any intellectual property rights or other proprietary rights associated with your member Content. Third Party Websites and Content on The Garden Network The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. Copyright Complaints on The Garden Network We respect the intellectual property rights of others and we prohibit members from uploading, posting or otherwise transmitting on the website or service any materials that violate another party's intellectual property rights. When we receive notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes any copyright which you own or control, you may send a written notification of such infringement to The Garden Network. Repeat Offenders Policy on The Garden Network In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, The Garden Network has adopted a policy of terminating, in appropriate circumstances and at The Garden Network's sole discretion, members who are deemed to be repeat offenders. The Garden Network may also at its sole discretion limit access to the Site and/or terminate the memberships of any members who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Disclaimers on The Garden Network The Garden Network play no part in an agreement entered into between you the user and any other user or business you meet through The Garden Network. The Garden Network does not make any direct or indirect recommendation on which users or businesses to employ for your project. Quotes resulting in any subsequent contract is strictly between you the user and your chosen user or business. The Garden Network is not responsible or liable in any manner for any member Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by members of the Site, by The Garden Network, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for member conduct and postings, we do not control and are not responsible for what members post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any member Content or Third Party Applications, Software or Content. The Garden Network is not responsible for the conduct, whether online or offline, of any member of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Garden Network assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member communications. The Garden Network is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will The Garden Network be responsible for any loss or damage, including any loss or damage to any member Content or personal injury or death, resulting from anyone's use of the Site or the Service, any member Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to members, or any interactions between members of the Site, whether online or offline. The Garden Network reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by The Garden Network. Member Disputes on The Garden Network You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members. Termination on The Garden Network The Garden Network may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 16. When we are notified that a member has died, we will generally, but are not obligated to, keep the member's account active under a special memorialized status for a period of time determined by us to allow other members to post and view comments. Indemnity on The Garden Network You agree to indemnify and hold The Garden Network, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any member Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other members of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. Submissions on The Garden Network You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to The Garden Network are non-confidential and shall become the sole property of The Garden Network. The Garden Network shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Governing Law and Jurisdiction on The Garden Network By visiting or using the Site and/or the Service, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms of service and any dispute of any sort that might arise between you and The Garden Network or any of our affiliates. Other These Terms of service constitute the entire agreement between you and The Garden Network regarding the use of the Site and/or the Service, superseding any prior agreements between you and The Garden Network relating to your use of the Site or the Service. The failure of The Garden Network to exercise or enforce any right or provision of these Terms of service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of service and shall not affect the validity and enforceability of any remaining provisions. All membership offers are subject to change without prior, written notice. The Garden Network is under no obligation to provide free offers to users, if commercial issues arise through the supply of said free offers.
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