The Company may change these User Terms from time to time in the Company’s sole discretion. Accordingly, the Company encourages you to review these User Terms periodically. The Company reserves the right (but is not required) to post a notice on the Website or send you a notice via email or any other delivery method of any such change to these User Terms. The most current version of these User Terms shall be linked on the home page of the Website. If you continue to use the Services after the Company changes these User Terms, then you accept all such changes.
(a) “Confidential Information” means all information disclosed by the Company to You in connection with the Services, whether tangible or intangible or disclosed verbally, in writing, electronically, or otherwise. Confidential Information includes information relating to (i) System functionality, (ii) advertisers and sponsors, (iii) Content (as is further defined below), (iv) business rules (including advertising rules and logic), and (v) the System (including the look, feel, and functionality of the System).
(b) Except for the System (including the look, feel, and functionality of the System) and for information that is required by law to remain confidential, Confidential Information does not include information that You can establish in writing is (i) publicly available without violation of these User Terms or any other obligation of confidentiality or (ii) subsequently disclosed to You by a third party without restriction and the disclosure by the third party does not violate any obligation of confidentiality.
(i) disclose, license, transfer, sell, or make available to anyone any Confidential Information except as required by operation of law, provided that You have promptly notified the Company in writing of any legal process requiring production of such Confidential Information prior to compliance with such process and have taken all reasonable precautions, including seeking a protective order if so requested by (and at the sole cost and expense of) the Company, to ensure confidential treatment of any Confidential Information so disclosed and such production is limited to the minimum extent necessary to comply with such legal process; or
(ii) use, copy or reproduce any Confidential Information except as necessary in connection with the purpose for which such Confidential Information is disclosed to You and in accordance with these User Terms.
(d) For clarity (and without limiting Section 2.1(c)), You shall never
(i) disclose or make available the System (or the look, feel, or functionality of the System) to any competitor, or potential competitor of the Company, or;
(ii) use the System for any purpose that is competitive to the Company.
(e) You shall treat Confidential Information with the same degree of care as You accord to Your own Confidential Information but in no case less than reasonable care, including taking all reasonable measures to protect the secrecy of Confidential Information and protect against unauthorized acts with respect to Confidential Information. You shall promptly advise the Company if You learn of any unauthorized act with respect to the Confidential Information.
(f) The Company shall continue to own all Confidential Information. You shall promptly return to the Company all Confidential Information (including all compilations, manuals, documents, electronic media, and other tangible items containing, regarding, referencing, or relating to Confidential Information) upon the earlier to occur of
(i) a written request by the Company or
(ii) termination of Your Account (as defined below) or access to the Services.
(g) A breach or threatened breach of this Section 2.1 by You may cause irreparable harm and injury to the Company for which money damages are inadequate. In the event of such breach or threatened breach, the Company shall be entitled to seek injunctive relief, without the requirement of posting a bond or any other security, in addition to all other available remedies.
As a condition to using the Services, You are required to register with the Company by either using your mobile phone number, sending a text message, or by entering Your email address, selecting a valid password, and providing all other required registration information (collectively “Your Login Information“). You shall provide the Company with accurate, current, and complete registration information (including Your Login Information), and You shall maintain and promptly update all registration information (including Your Login Information) as required by the Company. You shall also provide the Company with additional accurate, current, and complete registration information as requested from time to time. Upon registration with the Company (if any) to use the Services, You will be granted a Services account (“Your Account“).
The Company shall have no liability associated with, or arising from, Your failure to maintain accurate, current, and complete registration information, including liability arising out of Your failure to receive critical information about any Service or Your Account. The Company shall not be responsible for verifying Your registration information, including Your Login Information. You may not (i) select or use as Your Login Information a name of another person with the intent to impersonate that person or (ii) use as Your Login Information a name subject to any rights of a person other than You without appropriate authorization. The Company reserves the right to refuse registration of, or cancel, Your Login Information or Your Account in the Company’s discretion. You shall maintain the confidentiality and security of Your Login Information, Your Account, and Your other identification information relating to Your Account, and You shall not provide any of the foregoing to any other person or entity. The Company shall not be liable for any unauthorized access or use of Your Login Information or Your Account. You are fully responsible for all use of, and activities that occur under, Your Login Information and Your Account and for any actions that take place through Your registration or access to the Services (whether conducted by You or another). You are responsible for restricting access to Your computer(s), including mobile devices, as necessary. The Company reserves the right to require You to change Your Login Information from time to time. Failure to comply with any portion of this Section 5 shall constitute a breach of this Agreement, which may result in immediate termination of Your Account.
(a) When You optin to the Service, the Company may send you an SMS message and/or an email to confirm Your signup.
(b) By using the Service you hereby agree to allow the Company to send periodic SMS text messages and email messages to you.
(c) If at any time You forget what keywords are supported, just text “HELP” to the SMS number You received the message from. After You send the SMS message “HELP”, the Company will respond with instructions on how to use the Service as well as how to unsubscribe and any other instructions for getting support using the Service.
(d) The Company is able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, TMobile, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
(e) As always, message and data rates may apply for any messages sent to You from the Company and to the Company from You. If You have any questions about your text plan or data plan, it is best to contact Your wireless provider. For all questions about the services provided by this shortcode, you can send an email to email@example.com.
By posting, uploading, inputting, providing, or submitting information or materials to or through the Website, mobile app(s) or the Services, including content, pictures, data, location information, replies, reviews, comments and/or testimonials made by You in connection with, or as part of, the Services (the “Submissions“), You grant the Company and the Company’s owners, parents, subsidiaries, affiliates, and partners irrevocable permission (including a worldwide, transferable, sublicensable, perpetual, royaltyfree, and fully paidup license) to use, distribute, edit, display, store, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, and create derivative works of the Submissions and Your name, voice, likeness, and other identifying information where part of a Submission, in all cases without restriction, in any form, media, software, or technology of any kind now known or developed in the future, including for the purpose or purposes of developing, manufacturing, marketing and using products or the Service. You waive any and all rights You may have in or to the Submissions. No compensation shall be paid to You with respect to the Submissions.
By posting, uploading, inputting, providing, or submitting the Submissions, You represent and warrant that You own or otherwise control all of the rights to such Submissions as described in these User Terms and the Additional Terms, including all the rights necessary for You to provide, post, upload, input, or submit the Submissions and grant the Company the rights granted by You in these User Terms and any Additional Terms with respect to the Submissions.
The Company, the Company’s licensors, partners or the Company’s Content providers may refuse, remove, or alter a Submission without notice to You. The Company has no obligation to monitor or control the Submissions, and You agree that neither the Company nor the Company’s owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, attorneys, licensors, or Content providers shall be liable for the Submissions or any loss or damage resulting from Your or any other Submissions.
You represent and warrant that You (i) have all necessary right, power, and authority to enter into these User Terms and the Additional Terms and to perform the acts available and requested of You under these User Terms and the Additional Terms, including the right and authority to post, upload, input, provide, or submit the Submissions, and (ii) shall not (a) use the Website, mobile apps or the Services in any manner that could damage, disable, overload, or impair the Website, mobile apps, or the Services or interfere with any other party’s use and enjoyment of the Website, mobile apps or the Services, (b) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Website, mobile apps or the Services, or (c) circumvent, or attempt to circumvent, any security feature of the Website, mobile apps or the Services.
If You receive any Content as part of the Services, You may be offered the ability to share, endorse or comment on such Content, subject to Your compliance with applicable law, including all laws applicable to identifying or disclosing the commercial relationship between You and a Sponsor (should one exist) and in accordance these User Terms. You acknowledge and agree that the Company has no control over, or responsibility with respect to, the quality of any Content that You receive. You further acknowledge and agree that the Company has no control over, or responsibility with respect to, Your selection of recipients (where available), and You shall be solely responsible for such recipients’ selection and receipt of any Content by and from You. You acknowledge and agree not to post, share, comment or transmit, or cause to be posted, shared or transmitted, any Content or communication that fails to disclose or indicate, through a term such as “ad” or “paid,” that the Advertisement or communication is, in fact, an advertisement or is being made in exchange for compensation or payment, if applicable. You waive any claim against the Company with respect to any and all Content (including Your failure to receive any Content or Your selection of any recipient of any Content). You may not transfer or sublicense the limited right granted to You in this Section 7.
YOU HEREBY AGREE TO RELEASE THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, SPONSORS, AFFILIATES AND ADVERTISERS FROM ALL LIABILITY DIRECTLY OR INDIRECTLY RELATING TO, ARISING FROM, OR CONNECTED TO, THE USE OF ANY CONTENT CREATED, DISTRIBUTED, OR CONSUMED BY YOU USING THE SYSTEM INCLUDING BUT NOT LIMITED TO THE SUCCESS OR FAILURE YOU ACHIEVE WITH YOUR PLANTS BASED ON THE CONTENT OR SERVICES.
Some of the Services may offer You the opportunity to earn incentives, badges, discounts, coupons and rewards (the “Rewards“) through activities, programs and/or campaigns offered by the Company or sponsored, supplemented, and made available by Sponsors (the “Rewards Programs“). A more detailed description of the Rewards Programs, and the Rewards offered by the Rewards Programs, is located on the System; the Company reserves the right to modify, suspend, and terminate any Rewards Program (including the Rewards offered by each Reward Program and/or campaign) from time to time in the Company’s discretion; in this connection, You understand that the Company makes no commitment as to the level of Rewards or Rewards Programs offered to You as compared with other Users. You must comply, at all times, with the terms and conditions of each Rewards Program to earn any Rewards under such Rewards Program, including providing additional registration information, Your Account information, and personal information necessary to participate in each Rewards Program and keeping all such information updated and including refraining from making disparaging or inappropriate remarks regarding any Content. Rewards may be used and/or redeemed only as, where, and to the extent eligible, and Rewards are redeemable only to the extent permitted by the applicable Rewards Program, which may limit the redemption of Rewards to (among other things) certain, limited locations, businesses, items, timeframes or purposes. Rewards are not transferable, and You may not barter, trade, or otherwise exchange Your Account or Rewards.
The Company is under no obligation to provide You with any particular Rewards opportunity, and the Company reserves the right to limit enrollment and participation in the Rewards Programs in the Company’s sole discretion. The Company does not guarantee that any Rewards Program will continue, or be available, for any definite period of time. The Company also reserves the right to send to You administrative messages from time to time that may be excluded from credit within the Rewards Programs, such as system updates, bulletins, confirmations, announcements, and other similar messages. The Company makes no promises or guarantees with respect to Rewards, incentives or “VIP” perks earned or made available relating to, or arising or resulting from, the System or the Services.
The Company (i) reserves the right to hold back, suspend, or adjust Rewards in the Company’s sole discretion to investigate suspected fraud and/or compliance with the Company’s policies and the applicable Rewards Programs and to comply with any and all applicable Rewards Programs and (ii) further reserves the right to fix any processing errors that the Company discovers resulting in adjustments to previously received Rewards. All decisions regarding the amount of Rewards available to You under any Rewards Program will be made by the Company and are final.
The Company is committed to transparency and honesty in all of its content. In using the Services You agree to comply with the following code of conduct as a User. While the Company does not review or control or attempt to verify content or accuracy of user-submitted content, the Company reserves the right to restrict, suspend, terminate or deactivate Your accounts for inappropriate content and to remove any content in its sole discretion. You further acknowledge and agree that the Company has no control over, or responsibility with respect to, the content and You shall be solely responsible for such content. You waive any claim against the Company, its partners, Sponsors, and agencies with respect to any and all content or claims by any third party recipient of any user-created content and agree to indemnify and hold harmless the Company, its partners, Sponsors and Agencies from any such third party claims.
(i) You bear sole liability and responsibility for the accuracy of Content. All content, endorsements, data, responses, and testimonials represent the opinion or beliefs of You. You may only make statements that reflect Your honest beliefs, opinions, or experiences.
(ii) You should exercise prudence and restraint with regard to exaggeration, colorful language, guesswork, use of inappropriate materials, conclusions, images and/or video.
(iii) You shall not use inappropriate language, materials, images or videos and should refrain from any derogatory remarks or characterizations including but not limited to the use of ethnic slurs, personal insults, and obscenity.
(iv) You shall not make or use offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including malicious or intentional lies or fabricated rumors.
(v) You shall not engage in any communication that is defamatory or infringes upon the privacy or intellectual property rights of third parties including but not limited to the use of images, content, data or statements without written permission from its owner.
(vi) You shall not make or use deceptive or misleading claims about products or services of the Company or its Sponsors and shall not offer for sale, or solicit the sale of products or services in using the Services.
(vii) You shall not submit any content in any way that promotes unsafe activities that could lead to individual harm or peril.
(a) Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website, mobile apps, the Services, or the Submissions or make any unauthorized changes to the same;
(b) Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) Publish, transmit, copy, reproduce, email, post, upload, distribute, or disseminate (or use the Website, mobile apps, the Services, or the Submissions to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, misleading, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, or objectionable topic, name, material, or information;
(d) The frame or display the Website, mobile apps, the Services, or the Submissions with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Company and any third party or potentially deprive the Company of revenue (including revenue from advertising, branding, or promotional activities);
(e) Upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;
(f) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(g) Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited email, or any advertising, promotional, or unauthorized communication except to the extent expressly contemplated by the Services;
(h) Run Mail list, Listserv, any form of autoresponder on, or with respect to, the Website, mobile apps, the Services, or the Submissions, or any processes that run or are activated while You are not logged in;
(i) Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
(j) Impersonate another person or entity or use any fake name or identity;
(k) Allow any other person or entity to use Your identification for posting or viewing comments;
(l) Restrict or inhibit any other user from using and enjoying the Website, mobile apps, the Services, or the Submissions;
(m) Acting alone, in concert with others or conspiring with others to violate any restrictions, prohibited uses, code of conduct or other guidelines that may be applicable to the Website, mobile apps, the Services, or the Submissions;
(n) Harvest or otherwise collect information about others, without their prior, express, and written consent;
(o) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;
(p) Use any part of the Website, mobile apps, the Services, or the Submissions to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(q) Access or use the Website, mobile apps, the Services, or the Submissions through an interface other than Company’s interface; or
(r) Link to the Website, mobile apps, the Services, or the Submissions from another; or
(s) Post or transmit, or cause to be posted or transmitted, any communication or Brand Content that fails to disclose or indicate, through a term such as “ad” or “paid,” that the communication is being made in exchange for compensation, incentive or payment if applicable; or
(t) Violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.
Some of the Services may offer You the opportunity to participate in various online contests through programs and/or campaigns sponsored by the Company and made available only to Users (the “Contest” or “Contests“). A more detailed description of the Contests and the prizes offered (which prizes will vary from Contest to Contest, shall be further described upon Contest launch; Company reserves the right to modify, suspend, and terminate each Contest (including the prizes offered by each Contest) from time to time in the Company’s discretion; in this connection, You understand that the Company makes no commitment as to the level of prizes offered to You as compared with other Users. You must comply, at all times, with the terms and conditions of each Contest, including providing additional registration information, Your Account information, and personal information necessary to participate in each Contest and keeping all such information updated. Prizes may be used and/or redeemed only as, where, and to the extent eligible, and are redeemable only to the extent permitted by the applicable Contest, which may limit the redemption of prizes to (among other things) certain, limited locations, businesses, items, or purposes. Prizes must be claimed no later than 90 days after notification unless otherwise provided under the terms of each Contest and are not transferable and cannot be redeemed for cash, and You may not barter, trade, or otherwise exchange or substitute Your Account or prizes. Prize redemption is Your sole responsibility. Failure to claim or redeem prizes 90 days after notification (unless otherwise provided under the terms of a Contest) will result in automatic forfeiture of prizes without further notice by the Company. All federal, state and/or local taxes are Your sole responsibility. You may be required to sign and return a release of liability, affidavit of eligibility, and, where lawful, a publicity consent agreement as a condition to redeeming Your prize. By accepting and/or using any prize, You agree to the use of Your name, voice, or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law. If You cannot be contacted, are ineligible, or fail to claim a prize, or fail to timely return the completed and executed affidavit and releases as required, prizes may be forfeited and an alternate winner selected. Employees of the Company and its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies and their immediate family members and persons living in their same household, may not be eligible to participate in Contests in the sole discretion of the Company. Void where prohibited. All federal, state and local laws and regulations apply. Neither Apple, Inc. or nor Google, Inc. are sponsors, participants or in any way associated or involved in Contests. By participating in a Contest, You agree to release and hold the Company and its employees, officers, directors, shareholders, agents, representatives and affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contests or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
A winner for each Contest will be selected in accordance with the published selection criteria or algorithm at the end of each Contest from all eligible entries as provided from Contest to Contest. If You are a winner of a Contest the Company will notify you electronically. All decisions by the Company are final and binding. Odds of winning will be determined by the volume of eligible entries received as determined under the terms of each Contest. Company shall not be responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify You.
By entering a Contest, You agree to be bound by the terms for each Contest and the decisions of the Company which shall be final in all respects. The Company, its agents and representatives and affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Company that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest. The Company does not guarantee that any Contest will continue, or be available, for any definite period of time. The Company reserves the right at any time to disqualify You for tampering with the entry process or the operation of the Contest; violation of any specific Contest rules; or acts in any manner or with intent to annoy, threaten or harass any other person.
You acknowledge and agree that, as part of Your use of the Services, software, data, scripts, web services or other code in object, text or compiled form may be required to be downloaded by the System and/or Services to, and installed on, Your computer or mobile device (the “Downloaded Software“) which meets the Company’s technical requirements (such a mobile device containing the Downloaded Software is the “Approved Device“). Your failure to permit any such download or installation, including error corrections, updates, enhancements, new features, or upgrades, shall result in immediate termination of Your right to access or use the Services. You may not transfer the Downloaded Software from the Approved Device to any other device. You agree not to access or use the Services by any means other than through the Downloaded Software on the Approved Device and the accompanying interface that is provided by the Downloaded Software for such use. The Downloaded Software is subject to (among other things) the terms, conditions, and limitations of any and all applicable Additional Terms. You understand that certain information may be collected by the Company about You (including Your personally identifiable information) in connection with the software download process described in this Section 11 or contemplated by the System and Services.
You represent and warrant to the Company that (i) You are, and will be at all times, a bona fide user of the Services as intended by the Company, (ii) You are not collecting or acting, and will not collect or act, for or on behalf of a competitor of the Company, and (iii) Your are not, and have no intention of becoming, a competitor of the Company.
The Company reserves the right to close Your Account if Your Account has been inactive for a period of 6 consecutive months. In addition, Your Account will be closed automatically in the event Your access to the Services is terminated (without regard to the reason for such termination). In all cases of closure of Your Account, earned but unredeemed Rewards (if any) will be automatically forfeited, without recourse, compensation, or replacement, and returned to the Company upon any such closure. If Your Account is closed, You must reenroll as a new User. The Company shall not be liable for any closure of Your Account or termination of Your access to the Services. You must remove all Downloaded Software from the Approved Device (or any other device containing the Downloaded Software) if Your Account is closed.
The Company may take any of the following actions in the Company’s sole discretion at any time and for any reason without giving You prior notice:
(a) Restrict, suspend, or terminate Your access to the Website, mobile apps, the Services, and the Submissions at any time for any reason or for no reason. In particular, and without limitation, the Company may restrict, suspend, or terminate Your access to the Website, mobile apps, the Services, and the Submissions upon Your noncompliance (or threatened noncompliance) with these User Terms or any Additional Terms or if You violate (or threaten to violate) Company’s rights or the rights of any other party;
(b) Change, modify, suspend, or discontinue the Website, mobile apps, the Services, and the Submissions and the Website’s, mobile apps’, the Services’, and the Submissions’ respective features and functionality, in whole or in part;
(c) Deactivate Your accounts and delete all related information and files in Your accounts;
The Company shall not be liable to You or any third party for taking any of the actions in this Section 13, and the Company shall not be limited to the remedies described in this Section 13 if You violate these User Terms or the Additional Term or threaten to violate these User Terms or the Additional Terms.
You agree to direct to the Company, and not to anyone else, including any Sponsor or partner, all communications regarding any matter arising out of Your use of the Services. Without limiting the foregoing, You shall not initiate any communication of any kind that encourages, solicits, induces, diverts, entices, or otherwise takes away from the Company the business or patronage of any Sponsor.
Administrator, 507 Aqua Dr. Dallas, TX 75218.
Sections 12, 13, 14 and 15 shall survival termination of Your right to access or use the Services and the closing of Your Account.