This page describes the terms and conditions that govern your use of certain The Gardenist digital products, including the website www.thegardenist.com.au and mobile applications, offered by The Gardenist Pty Ltd.
GENERAL RULES AND DEFINITIONS
1.1 If you choose to use www.thegardenist.com.au, any mobile sites and applications, or any of the features of this site (the “Site”), including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and The Gardenist. However you access the Sites and Services, you agree to be bound by these terms and conditions. Please read these terms carefully before proceeding.
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site and Services, you agree to any changes. We may change, suspend or discontinue any aspect of the Services at any time to reflect changes to our products, our users’ needs and our business priorities. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions and that they comply with them.
1.3 Your continued use of the Site and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules. We recommend that you print a copy of these terms and conditions for future reference.
CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All content, information and materials appearing on or emanating from the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), also known as the “Content”, are protected by copyright, and owned or controlled by The Gardenist Pty Ltd or the party credited as the provider of the Content. You acknowledge that, as between The Gardenist and you, The Gardenist is the sole owner of all content on the Site and Services, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.
2.2 The Services and Content are protected by copyright pursuant to Australian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Site or Services for personal use only, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
2.4 You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.
2.5 Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Gardenist, or the copyright holder identified in the copyright notice contained in the Content. Except as expressly authorised by The Gardenist, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Site or Services.
USER CONTENT
3.1 Users of our site may be permitted to submit content for publication in various areas of The Gardenist site and services. You will be deemed to consent to The Gardenist terms and conditions if you choose to post any content or comments to the The Gardenist Site or Services.
3.2 When you submit content to us, you agree and represent that you have created that content or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Site or Services.
3.3 You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us (the “Submissions”), you are granting The Gardenist a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for The Gardenist or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed and on any platform either now known or hereinafter invented, any Submission posted by you on or to the Services or any other Web site owned by The Gardenist, including any Submission posted on or to the Services through a third party.
3.4 You acknowledge that any Submissions you make to the Site or Services may be edited, removed, modified, published, transmitted, and displayed by The Gardenist and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. We may remove your content from use at any time. Submissions made to the Site or Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.5 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.6 We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
3.7 You acknowledge and agree that when you post content on the Site or Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of The Gardenist, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the The Gardenist Site.
3.8 You are solely responsible for the content of your Submissions. However, while The Gardenist does not and cannot review every Submission and is not responsible for the content of these messages, The Gardenist reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.9 You shall not upload to, or distribute or otherwise publish on to the Services any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.10 You understand that the technical processing and transmission of the Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. The Gardenist assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.
COMMENTS POLICY
4.1 You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
4.2 You agree to use respectful language, and not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
4.3 The Gardenist encourages active discussions and welcomes debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
4.4 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of The Gardenist, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
5.1 The Site or Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Since we are not responsible for and have no control over the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
DATA PRIVACY
6.1 Please see our Privacy Policy for details of how personally identifiable information is collected and may be processed or shared with others.
GOVERNING LAW AND JURISDICTION
7.1 This agreement is governed by Victorian law and the parties agree to submit to the exclusive jurisdiction of the Victorian courts.
INDEMNIFICATION
8.1 You agree to defend, indemnify, and hold harmless The Gardenist and each of its respective officers, directors, employees and contractors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
REPRESENTATIONS AND WARRANTIES
9.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless The Gardenist and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Gardenist reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
9.2 The Gardenist does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SITE AND SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
NO WAIVER
10.1 Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of The Gardenist.
COMMUNICATIONS BETWEEN The Gardenist AND USERS
11.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third-party vendors to provide you with information about products and services.
11.2 The Gardenist reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
11.3 The Gardenist reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.
11.4 The Gardenist may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
REGISTRATION AND SECURITY
12.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
12.2 Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the The Gardenist Services if you share your login credentials.
Additional Disclaimers
13.3 Visitors to the Site agree that their use of the Site is at their own sole risk. The Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. The Gardenist also makes no representations and warranties as to any linked sites and The Gardenist has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. The Gardenist and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorised The Gardenist employees acting in such capacity.
13.4 This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. The Gardenist does not warrant or guarantee that access to the Site will be uninterrupted or error-free.
TERMS AND CONDITIONS FOR INDIVIDUAL MEMBERS (FORUM USERS)
This clause 14 relates to The Gardenist Forum User Memberships for individuals.
15.1 You may choose to sign up and become a The Gardenist member (individual) of the Site in order to gain unrestricted and unlimited access to The Gardenist Forum.
15.2 The Gardenist members (individual) shall have unlimited access to: all content on the Site including exclusive content available only to The Gardenist Members (Individual) (“Exclusive Member Content”) and a profile on the The Gardenist site. The Gardenist ticket and event offers are open on a ‘first-come-first-served’ basis and no guarantees are made in regards to your attendance or availability of tickets.
15.3 The Gardenist Membership (Individual) may be cancelled at any time.
15.4 The Gardenist reserves the right to change the features, content or services related to any Grace Collective Membership (Individual) without notice to the user in order to improve the quality of The Gardenist Membership (Individual) offered to you or to comply with any relevant laws, regulations or The Gardenist policies.
15.5 The Gardenist Membership (Individual) is to be used by a sole individual per login credentials and is non-transferable. Membership benefits including logins, access to content and services are linked to a specific User, and cannot be shared with other non-Users. The Gardenist shall monitor the number of devices used to access The Gardenist (Individual) and breach of these terms may result in The Gardenist revoking your access to the Site.
15.6 The Gardenist Membership (Individual) grants the member access to Exclusive Member Content on the Site. All Exclusive Member Content is subject to copyright law and the terms of section two of these Terms of Service apply equally to Exclusive Member Content as to any other Content accessed on or through the Site. Members should seek permission from The Gardenist or the relevant copyright holder before sharing or distributing any Exclusive Member Content accessed through the Site or App. In the event of failure to seek and be granted permission to share or distribute any Exclusive Member Content, in accordance with the foregoing, The Gardenist has the right to terminate your The Gardenist Membership (Individual) and take further action as may be appropriate to protect any and all intellectual property rights The Gardenist has in the Exclusive Member Content.