Summary
Any problems arising from your use of this site are your problems.
GrowFriend.Org is a free service provided by Windowbox.com, Inc, a California Corporation (Hereinafter called "GrowFriend" "GrowFriend.org," "we," "us"). We maintain this Web site, GrowFriend.org, (our "Site" or "Service"), as a service to our visitors. By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user.
Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to civil and criminal penalties. We reserve the right to make changes to these terms at any time. Your continued use of our website constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for such changes.
Contents
User Responsibilities
User Conduct
Intellectual Property
Termination & Use Of Service
Discontinuance Of Services
Disclaimer Of Warranties
Limitations Of Liability
Entire Agreement
User Responsibility
Our Site is a Venue. Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, meet in person to discuss garden sharing. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
You are responsible for your interactions, agreements, and relationships. Your interactions with organizations and/or individuals found on or through the Service, including informal leases and garden sharing agreements, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, and all other forms of intercourse, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that GrowFriend.Org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions between you and other users of the service. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GrowFriend.Org is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GrowFriend.Org, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
If you are a California resident, you agree to waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
User Conduct
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you agree not to post, email, or otherwise use our service in a way that does the following, or to interact with others you meet via the service, in any way that does the following:
That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way, or can be construed to be "stalking" or otherwise harassing anyone.
That includes contact with anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.
That that violates any applicable law or regulation.
That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
That impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
That includes personal or identifying information about another person without that person's explicit written consent; including, but not limited to, photographs of others without their permission, location information, other personal contact information, personal family information and personal financial information.
That is in any way false, deceptive, misleading, deceitful, not factually correct, or constitutes "bait and switch";
That infringes the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
That collects or stores any information about any other user other than for purposes of the permitted use of our Services;
That use our Services for any commercial purpose whatsoever, including, but not limited to, the offering of services or sale of products.
That assists any third party in doing any of the following or foregoing prohibited activities;
That registers for more than one user account or registers for a user account on behalf of an individual other than yourself;
That infringes on the proprietary rights of any party, or includes content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
That includes the following, activities, related specifically to internet usage:
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that interferes with or damages our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- that uses our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);
- 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;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
NOTE: NO SPAM POLICY - CALIFORNIA LAW
You understand and agree that sending unsolicited email advertisements to GrowFriend.Org email addresses or through GrowFriend.Org computer systems, which is expressly prohibited by these Terms, will use servers located in California. Thus any unauthorized use of GrowFriend.Org computer systems is a violation of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. A 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
Intellectual Property
YOUR CONTENT
You Grant Us a License. By submitting any content (including your photograph and survey responses) to our Site, you hereby represent and warrant that you have the right to grant, to GrowFriend.Org, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant GrowFriend.Org all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GrowFriend.Org. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of GrowFriend.Org, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. GROWFRIEND.ORG is a registered mark in the U.S. Patent and Trademark Office.
THIRD-PARTY CONTENT
In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites, including advertisements appearing on our website. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at info@couchsurfing.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.
USERNAME AND PASSWORD
You select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
Termination & Use Of Service
We may, in our discretion, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services in the future.
Discontinuance Of Services
We may, in our discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Disclaimer Of Warranties
YOU AGREE THAT USE OF THE GROWFRIEND.ORG SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GROWFRIEND.ORG SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GROWFRIEND.ORG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GROWFRIEND.ORG SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GROWFRIEND.ORG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ADVERTISED ON THE GROWFRIEND.ORG SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GROWFRIEND.ORG SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GROWFRIEND.ORG DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GROWFRIEND.ORG SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations Of Liability
UNDER NO CIRCUMSTANCES SHALL GROWFRIEND.ORG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GROWFRIEND.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GROWFRIEND.ORG SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GROWFRIEND.ORG SITE OR THE SERVICE, FROM INABILITY TO USE THE GROWFRIEND.ORG SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, ODIFICATION, ALTERATION, OR TERMINATION OF THE GROWFRIEND.ORG SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GROWFRIEND.ORG SITE OR THE SERVICE OR ANY LINKS ON THE GROWFRIEND.ORG SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GROWFRIEND.ORG SITE OR THE SERVICE OR ANY LINKS ON THE GROWFRIEND.ORG SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold Windowbox.com, Inc, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of these terms by emailing help@GrowFriend.Org.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for GrowFriend.Org to pursue legal action to enforce these Terms, you will be liable to pay GrowFriend.Org the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Windowbox.com, Inc. twelve hundred dollars ($1,200) for each such message.
b. If GrowFriend.Org establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Windowbox.com, Inc. two hundred dollars ($200) for each message posted in excess of such limits or for each day on which you access GrowFriend.Org in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to GrowFriend.Org email addresses or through GrowFriend.Org computer systems, you agree to pay Windowbox.com, Inc. forty five dollars ($45) for each such email.
d. If you post Content in violation of these terms, other than as described above, you agree to pay GrowFriend.Org one hundred dollars ($100) for each Item of Content posted. In its sole discretion, GrowFriend.Org may elect to issue a warning before assessing damages.
e. If you post for others, or post in any capacity other than your own personal gardening interests (if you act as a "posting agent"), you agree to pay Windowbox.com, Inc. one hundred dollars ($100) for each and every Item you post.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without GrowFriend.Org's express written permission, you agree to pay GrowFriend.Org two thousand dollars ($2,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay GrowFriend.Org's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, GrowFriend.Org retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Entire Agreement
These terms are the entire agreement between you and GrowFriend.Org.
Reporting Misconduct: you agree to report any misconduct or violation of these terms - please email help@GrowRriend.Org.
Feedback: we'd like to improve these terms. Please send your suggestions to help@GrowFriend.Org