1. ABOUT US
1.1 This Website is owned and operated by Plant Pot Limited, a company incorporated under English law (company number: 07343376) and whose registered office is at 45 Queen Street, Deal, Kent CT14 6EY, England.
2.2 By using our services You agree that (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
2.3 The registration process may vary depending on the application or feature you are seeking to access on the Website. As part of the registration process You may be required to submit a user name and password and this will need to be verified and accepted by us. We reserve the right to refuse to accept any username which we deem to be inappropriate (in our sole discretion).
2.4 Once you have registered, it is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging in using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into the Website using Your username and password (including, without limitation, posting information and uploading photos). Therefore, You should notify us immediately if You suspect that anyone else knows Your username and password or that anyone has logged in as You.
2.5 We may at any time and for any reason refuse to accept a registration from any person.
Access to and registration as a member of the Website is currently free of charge (although You may be charged to purchase items via the Website). We may stop offering the Website (or any part of it) free of charge at any time, but we will inform You by email if we decide to make a charge on any of our services and give You a reasonable length of time to terminate Your registration if You wish to do so.
4. ACCESS AND USE OF OUR WEBSITE
4.2 You may not use the Website in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
4.3 Without limiting the foregoing, You agree that when using the Website You will not:
(a) distribute via any medium any part of the Website including, without limitation, any User Generated Content (as defined in clause 7 below) without our prior written consent;
(b) harass others or disclose personal information about others that could amount to harassment;
(c) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
(d) upload files that contain video, software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website or any other computer;
(f) create multiple log-ins;
(g) impersonate others;
(h) promote any activity that is illegal; or
(i) use software to harvest information from the Website.
4.4 You agree to comply with all reasonable instructions that we may give You regarding Your use of the Website.
4.5 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access the Website. You are also responsible for ensuring that no person uses Your equipment to access the Website without Your permission. We will be entitled to assume that anyone who accesses the Website using Your equipment has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
5. OTHER SITES
5.1 Our Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. By way of example, we have provided links to our pages on certain third party social networking websites including Facebook, YouTube and Twitter. We make no warranties or representations whatsoever about any other websites which You may access through this Website or any services that are provided by any such websites. Third party websites are in no way approved, vetted, checked or endorsed by us and You agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or our Website is affiliated to or associated with such third party sites. If You decide to visit any other website, You do so at Your own risk. In addition, use of any other website may be subject to Your acceptance of additional terms and conditions, which we suggest You read carefully before proceeding.
6. USER GENERATED CONTENT
6.1 From time to time the Website, or any of the individual applications on it, may include functionality to enable you to contribute User Generated Content (as defined in clause 7 below) to the Website. However:
(a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the Website for any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
(b) You must not submit any content or material the Intellectual Property Rights in which are owned by any third party;
(c) You must not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation; and
(d) You may only upload or submit material to the Website which either You own or which You have the permission of the owner of that material to submit.
6.4 You are responsible for Your relationship with other members of the Website.
However, we reserve the right, but are not obliged, to monitor disputes between You and other members.
6.5 You agree that You shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by You of this clause 6.
7. INTELLECTUAL PROPERTY
(a) “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
(b) “User Generated Content” means any text, files, images, photos, videos or works of authorship that you contribute to the Website (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website, which you hereby acknowledge is owned by us or our licensors).
7.2 We do not claim any ownership of any Intellectual Property Rights in your User Generated Content. After posting User Generated Content, you retain all rights of ownership which you have subsisting in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms of Service).
7.3 You warrant that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Website or you are otherwise entitled to submit the same to the Website. You agree that you shall indemnify us against any
loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Clause 7.3.
7.4 You hereby grant us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Website or as part of any materials used to promote or advertise the Website (including products and services promoted on the website) anywhere in the world. You are free to use Your User Generated Content outside of our Website in any way You choose and in turn we shall not distribute or sell any of Your User Generated Content outside of our Website without your permission.
7.5 We will not be under any obligation whatsoever to pay You for any of the User Generated Content on our Website.
7.6 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Website and all content, materials and information contained in or appearing on the Website are owned by and shall remain owned by us or our licensors.
7.7 You may view, download and print any content, materials and information made available to You through the Website subject to the following conditions:
(a) the content, material and information may only be used for Your personal and non-commercial purposes;
(c) the content, material and information may not be modified or altered in any way;
(e) You may not remove any copyright or other proprietary notices contained in the content, material or information.
(f) We may require Your agreement to additional terms and conditions, including without limitation, any payment terms, before granting You access to or downloading of certain content, materials or information.
8. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN
8.1 You acknowledge that we do not actively monitor any third party content or content appearing on the Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:
(i) which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
(ii) in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
(iii) which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
8.2 If we are informed or if we suspect that any material on the Website infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If You have any concerns or queries about material which appears on our Website (including if You believe that any content displayed on the Website has violated Your Intellectual Property Rights) please email us at: firstname.lastname@example.org
9. COMPETITIONS AND PRIZE DRAWS
From time to time we may offer entry into competitions and prize draws through the Website, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to You on the Website and a link will be provided in order for You to read and accept the relevant terms and conditions before You enter the competition or prize draw.
10.1 We will exercise all reasonable skill and care in providing the Website. We are not able to guarantee the availability of the Website or the accuracy, completeness, currency or reliability of any content, materials or information on the Website that derives from third parties (including, without limitation, any of our third party partners).
10.3 Without limiting the foregoing, we cannot guarantee and do not promise that the Website and all materials and information provided through it will meet Your requirements. Therefore we advise You to check any materials or information provided to You through the Website as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.
11. LIMITATION OF LIABILITY
11.2 Subject to clause 11.1, You agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or
indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Website or its contents or any competitions or prize draws which are entered via the Website; (ii) any failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.
11.3 Without limiting the effect of clause 11.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, Your computer equipment or any other property when You are using or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.
11.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
12.1 We may remove the Website or cease the provision of any of the services, or terminate Your registration with the Website at any time in our sole discretion for any reason whatsoever.
12.2 You shall be entitled to terminate Your registration with the Website at any time by written notice to us.
12.3 Termination of Your registration, howsoever caused, shall not affect the accrued rights and liabilities of either You or us as at the time of such termination.
13. DATA PROTECTION AND PRIVACY