Terms of Service
Last Updated: March 1, 2016
Hello and welcome to Gardenhat.org!
Health warning and liability disclaimer:
Nothing stated or posted on the Site or the Services is intended to be, and must not be taken to be, the practice of medical or professional advice or care.
Your use of the Site and the Services is at your own risk.
Please read our full professional advice and medical disclaimer in section 2 below before commencing your use of the Services.
Gardenhat.org and anyone associated with Gardenhat.org shall not be liable for any liability, of any kind, resulting from the use of the Site and the Services.
Who May Use the Site and the Services?
Age Requirement: You must have reached the age of majority (the age at which you are considered by law to be an adult) in your own jurisdiction to use the Site and the Services. This age may be different depending on the place (province, state, country) where you live.
Notice To Parents and Guardians:
You are responsible for monitoring and supervising your child’s use of the Site and the Services. If your child is using the Gardenhat.org and/or Services without your express consent and is under the age of majority in your own location, please contact us immediately so that we can disable his or her access. If you have questions about the Site and the Services, please contact us at firstname.lastname@example.org.
Gardenhat.org provides the Services on an “as is” and “as available” basis. You therefore use the Site and the Services entirely at your own risk.
Gardenhat.org expressly disclaims any and all representations, warranties, conditions or guarantees of any kind, whether express or implied, including, but not limited to the implied representations, warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any other representation, warranty and conditions that might arise under any law. Without limiting the foregoing, Gardenhat.org makes no representations, warranties, conditions or guarantees:
(a) That the Site and Services, or any particular information is suitable for you;
(b) Regarding the adequacy or safety of the Site and Services for any particular user;
(c) That the Site and Services will meet your personal needs;
(d) That the Site and Services will be permitted in your jurisdiction;
(e) That the Site and Services will be uninterrupted or error-free;
(f) Concerning any third party user generated content submitted by any Member (“Member Content”);
(g) Concerning any third party’s use of content that you submit;
(h) That Site and Services will continue to support any particular feature of the Site and Services; or
(i) Concerning sites and resources outside of the Site and Services, even if linked to from the Site and Services.
We reserve the right to modify the Site and Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Services. We have no obligation to screen or monitor devices.
To the extent that a secondary party may have access to or view Site and Services (including any content) on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in these Terms.
To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of fourteen (14) days after the date on which you first used the Gardenhat.org and the Services, and no warranties shall apply after such period.
Gardenhat.org additionally disclaims any Content made available through the Site and Services as further described in Section 5 below and does not guarantee that any Content made available on the Site and Services complies with these Terms or is suitable for all users. Gardenhat.org shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display.
Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Gardenhat.org, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Gardenhat.org’s, and its affiliates’ total liability to you in connection with the Site, Services or Content or under any claim whatsoever shall not exceed the amounts paid by you to Gardenhat.org over the twelve (12) months preceding your claim(s).
If you do not accept this limitation of liability, you are not authorized to obtain or access any Content through the Services or Site or otherwise use or access the Site or the Services.
We may at times require that you register and/or provide your contact information and other information to use certain portions of the Site, or the Site as a whole (collectively, “Personal Information”). You agree and represent that all Personal Information provided by you is accurate and up-to-date. If any of your Personal Information changes, you must update it by using the appropriate update mechanism on the Site, if available. If Gardenhat.org believes that the Personal Information you provide is not correct, current, or complete, Gardenhat.org reserves the right to refuse you access to this Site, and to terminate or suspend your access at any time. However, Gardenhat.org has no obligation to verify the accuracy, currency completeness or usefulness of any Personal Information that you have provided to the Site.
You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Use of the Site, Services and Content is for personal use only. Members may not use the Content or Services in connection with any commercial efforts, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site (including Members) may not use Content or any information obtained from the Services or the Site to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Content, Services or the Site for any purpose unless expressly authorized by Gardenhat.org. If you wish to inquire about possible commercial use, please contact us at email@example.com.
Gardenhat.org may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Content, Site or the Services.
Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Services. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
Subscriptions and Subscription Fees:
If you decide to become a Member to obtain access to our premium and exclusive Member’s Only Content (including various programs), you must purchase a subscription plan (“Plan”) as described on the Registration Page of the Site and pay the subscription fees
(“Subscription Fees”) in connection with your account using the payment mechanisms described therein. The actual Subscription Fees will depend the Plan that you purchased. Certain Plans will automatically renew, as specified on the corresponding Registration Page, as long as you continue to pay your required Subscription Fees. You understand that some Plans require one-time payments only, whereas others require continuing payments to ensure your continued use.
You will be charged in accordance with the billing terms you agreed to at the time you signed up on the Registration Page.
The prices of our Services may vary periodically. We cannot guarantee that the price of your particular Plan is the lowest available, or historically lowest or best, price.
Sorry, there are no refunds on subscriptions for billing periods that have already lapsed.
As discussed above, we will offer Plans for a longer term. These longer-term Plans are charged in full upon purchase and will auto-renew so please watch for the date your Services terminate if you would like to cancel your recurring subscription before the billing date. The final responsibility for canceling your Services will rest with you.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. even if you do not use the Plan or access any Gardenhat.org Application, you will be responsible for any Subscription Fees.
We may change, modify, add, remove, suspend, cancel or discontinue any aspect of any Plan, including the functionality, content, and/or availability of any features of such subscriptions at any time in our sole discretion.
We may increase our fees for any subscription effective the first day of a billing renewal.
Term and Termination; Account Deletion
The term begins on the date you first use the Services and continues as long as you have an account with us.
You may delete your account at any time. We reserve the right, but are under no obligation to delete an account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
Termination For Breach:
We may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation or goodwill. If we delete your account for the foregoing reasons, you may not re-register for the Services. We may block your email address and Internet protocol address to prevent further registration. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Effect Of Termination/Account Deletion:
Upon termination, all licenses granted by us will terminate. Sections 2, 4-8, 10-19 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. we shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “Materials”) that:
(a) is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, inflammatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Materials which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international laws, including harms minors in any way;
(b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any of the Site’s or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(e) intentionally or unintentionally violates any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site;
(f)collects or stores personal information about other users or Members of the Site or disseminate such personal information;
(g)Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
(h) Contains racist, sexist, homophobic, hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
(i) Advocates harassment or intimidation of another person;
(j) Exploits minors;
(k) Depicts unlawful acts or extreme violence;
(l) Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(m) Depicts animal cruelty or extreme violence towards animals; or
(n)Contains viruses, time bombs, trojan horses, cancelbots, malware, worms or other harmful, or disruptive codes, components or devices.
Code of Conduct and Prohibited Activities
In using the Services and the Site, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
(a) Act in a deceptive manner by, among other things, impersonating any person;
(b) Harass or stalk any other person;
(c) Harm or exploit minors;
(d) Distribute “spam”;
(e) Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
(f) interfere with or disrupt the Site, Services or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site; “frame” or “mirror” any part of the Content, Services or the Site;
(g) use meta tags or code or other devices containing any reference to us, the Content, Site or the Services (or any trade-mark, trade name, service mark, logo or slogan of ours, etc.) to direct any person to any other website for any purpose;
(h) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Content, Services or the Site or any software used on or for the Content, Services or the Site, or cause others to do so;
(i) post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any Materials, Member Content or information obtained from the Site or the Services other than solely in connection with your use of the Services in accordance with these Terms.
(j) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
(k) use bots or other automated methods to access the Site, add or download contacts, send or redirect messages, or perform other activities, unless explicitly permitted by us;
(l) access the Site, via automated or manual means or processes, for purposes of monitoring the Site’s availability, performance or functionality for any competitive purpose;
(m) engages in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
(n) attempt to or actually access the Site by any means other than through the interfaces provided by us such as by navigating using a web browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Site;
(o) attempt to or actually override any security component included in or underlying the Site;
(p) collect information about others, including Members;
(q) advertise or solicit others to purchase any product or service within the Site or Services;
(r) promote fraudulent schemes, multi-level marketing schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
(s) use the Site, Services or any Content to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(t) publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
(u) participate in any activity that in any way violates any law.
We have the right, but not the obligation, to monitor all conduct on and Materials/Member Content submitted to the Services. We reserve the right to alter, edit, remove, or refuse to post any Materials/Member Content, in whole or in part in our sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication, Material or Member Content from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Services, including all Materials you post through the Service, must comply with all applicable laws and regulations. You agree that we may access, preserve and disclose your account information and Materials if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Materials or Member Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of Gardenhat.org or any other person, including other Members.
As between you and Gardenhat.org, you own all Materials that you submit to the Gardenhat.org Service, whether directly via the Gardenhat.org, Services or indirectly (for example, via Facebook or Twitter) (collectively, “Submissions”). However, it is important that you understand that by posting a Submission to Gardenhat.org or the Services, you are granting Gardenhat.org and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Submissions (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your Submissions.
You further grant all users of the Gardenhat.org and Services permission to view your Submissions or their personal, non-commercial purposes. If you make suggestions to Gardenhat.org on improving or adding new features to the Services, Gardenhat.org will consider these as Submissions and shall have the right to use your suggestions without any compensation to you as described above.
For each Submission that you submit, you represent and warrant that: (i) you have the right to submit the Submission to Gardenhat.org and grant the licenses set forth above; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Submission complies with these Terms and all applicable laws.
You agree to indemnify, defend, and hold harmless Gardenhat.org and its affiliates, directors, officers, employees, agents and Third Party Providers (collectively, the “Indemnified Parties”), from and against any liability, claims, losses, judgments, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing that arise from: (i) your use or misuse of the Site, Content or Services; (ii) any violation by you of any term of these Terms; or (iii) any Submission or Materials that you submitted, posted to or transmitted through the Site violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Gardenhat.org reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gardenhat.org in connection therewith.
License to Use Services and Content
We grant you a limited, non-exclusive license to access and use the Content and the Services for your own personal, non-commercial purposes. This includes the right to view Content available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by us in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site, the Content or the Services. Nor will you take any measures to interfere with or damage the Site, the Content or the Services. All rights not expressly granted by us are reserved.
Mobile Devices, Applications And Set-Top Boxes/External Devices:
These Terms, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps)(collectively, “Apps”).
Your use of the Services through any Apps or devices constitutes your agreement to be bound by these Terms.
Any Gardenhat.org App, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console’s app store, etc.) is licensed, not sold, to you for use only under these Terms. We, the licensor (Application Provider) reserve all rights not expressly granted to you.
Accordingly, if you download the Gardenhat.org App, you will be: (i) installing a software program on your product in the form of an application; and (ii) entering into this contract with us governing your use of the application.
Third Party Links
Certain links on the Site and Services may let you leave the particular Site or Gardenhat.org and Services you are accessing in order to access a linked site (the“Linked Sites”). When you are linking to a third party site, it is important to know that we do not control these sites, nor has we reviewed or approved the content which appears on the Linked Sites. We are not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any Linked Sites, or the conduct of such Linked Sites. You acknowledge and agree that Gardenhat.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Site and Services (i.e., a Linked Site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Gardenhat.org shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Content, Site and Services contain software, graphics, photos, videos (including real-time workouts, stretching videos, cooking videos and motivational talks), know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trade-marks, trade secrets and other intellectual property rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content also includes information and materials developed for Gardenhat.org and the Site by our partners, service providers and third party licensors(“Third Party Providers”) which is also copyrighted and protected under Canadian, United States and other intellectual property laws.
For greater clarity, we make no representations or warranties regarding such Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that we endorse or agree with such information or materials. You understand that you have no proprietary rights in the Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of Gardenhat.org or the Third Party Providers. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the Content to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
Gardenhat.org name, logos and affiliated applications and technologies are the exclusive property of Gardenhat.org. All other trade-marks appearing on the Services are trade-marks of their respective owners. Our Third Party Providers may also have additional proprietary rights in the Content which they make available through the Site and the Services. The trade names, trade-marks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Gardenhat.org and its Third Party Providers owns and retains all proprietary rights in the Site, Content and the Services, and in all content, trade-marks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trade-marks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site, the Content or through the Services without first obtaining the prior written consent of Gardenhat.org or, if such property is not owned by Gardenhat.org, the particular Third Party Provider. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trade-mark and other intellectual property notices.
We respect the intellectual property of others, and we ask our users to do the same. Each user (including all Members) is responsible for ensuring that the Materials and Member Content that they upload to the Site and Services does not infringe any third party copyright.
We will promptly remove Materials and Member Content from the Site and Services that that we reasonably believe infringes a third party’s copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
These Terms and any action related thereto or related to the Site will be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site, the Services, the Content and the Submissions will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject.
These Terms and any other legal notices, policies and guidelines of ours linked to these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
No Agency; Third Party Beneficiary.
We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of us, you, and relying Third Party Providers.
You may not assign, convey, subcontract or delegate your rights, duties or obligations here under.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.
You and Gardenhat.org agree and confirm that it is your wish that these Terms, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.