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TERMS AND CONDITIONS

 

Introduction

Last Updated (14 September, 2020)

The Underground Plant Trade (“The Underground Plant Trade”, “we”, “us”, or “our”) is the operator of the www.freedemplants.com website (the “Website”). This Agreement governs the use of the Website. By registering on our Website, donating an item through our Website, accepting an item on our Website, posting content on our Website, or simply visiting our Website, you are engaging in our “Service” and you agree to be bound by these terms describe in this Terms of Use. This Terms of Use applies to all Users of the Website including but not limited to users who are visitors, browsers, or customers of the Website (collectively called the “Users”).

Please read this Terms of Use carefully before accessing our Website. The use of this Website indicates your acceptance of these terms. If you do not agree to any or all of the terms contained in this agreement, you must stop using the Website at once. 

License and Access 

Subject to your compliance with these Terms of Use, The Underground Plant Trade grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully recoverable license to access and make non-commercial use of The Underground Plant Trade Services. The license to access our Website is solely for personal use and not for any commercial use or use on behalf of any third party unless expressly permitted by our in our sole discretion. The license granted herein does not include any use or resale of The Underground Plant Trade Service or its contents including but not limited to copyrights, trademarks, logos, designs, texts, images, or any use of data mining, robots (bots), or other similar data mining tools. 

The Underground Plant Trade reserves the right to, at any time and without prior notice, suspend or terminate this license, terminate accounts, and/or cancel orders in our sole discretion for any reason including but not limited to if we decide that your actions violate these Terms of Use or are harmful to our interests. 

Copyrights and Trademarks 

All contents included in the Website or made available through The Underground Plant Trade such as text, graphics, logos, button icons, images, and software is the property of The Underground Plant Trade or its content suppliers and the compilation of all such contents is the exclusive property of The Underground Plant Trade and is protected by the laws of the New York and the laws of the United States and international copyright laws, as applicable.  

Additionally, graphics, page headers, logos, buttons, icons, and scripts included in the Website or made available through The Underground Plant Trade are trademarks of The Underground Plant Trade. We prohibit the use of any of our intellectual property without our express permission. The Underground Plant Trade trademarks and other intellectual property may not be used in connection with any other product or service that is not ours, in any manner that may disparage or discredit us or cause confusion among our users. All other trademarks on the Website not owned by The Underground Plant Trade are the property of their respective owners, who may or may be affiliated with or connected to us. You may not use any of our trademarks or service marks in meta tags without our express written permission. 

Accounts, Registration Data 

Though you can browse the public-facing portions of the Website with registering an Account with us, we require you to register for and create an account on the Website in order to use the full functionalities of the Website. Your account gives you access to the Website and functionalities of the Website that we may create and maintain in our sole discretion and from time to time.  

You agree to create only one unique account and you will be the sole authorized user of that account. When registering for an account, you will be required to submit some information including but not limited to your username, profile name, email address, phone number, picture, and you will be required to create an account login password (collectively called “Registration Data”). You are solely responsible for any activity that takes place on your account and you must keep your password secure at all times. We strongly advise you to use “strong” passwords (passwords containing a combination of upper and lower case letters, symbols, and numbers) when creating an account. You represent and agree that all Registration Data you submit is, at all times, true, accurate, current, and complete. We will need to confirm your registration with us and your registration with us only become valid after we have confirmed and activated your account. You must notify us immediately if you notice any breach of security in your account or unauthorized use of your account. We will not be responsible for any losses caused by unauthorized use of your account. 

By providing us with your email address, you agree to our using the email address to send you Website-related notifications, including any notices required by law, in lieu of communication by postal mail.

Content 

Some locations of the Website provides Users the capability to create, post, and share content such as texts, materials, images, photos, video clips, sound clips, graphics (any such materials a User provides, shares, submits, displays, or otherwise creates using the Website are “User Content”). The Underground Plant Trade claims no ownership rights over User Content created by you and we reserve the right to, in our sole discretion, remove any User Content that is stored via the Website.  

You agree not to post, store, or create or share any User Content that:  

(i) May cause risk of harm, physical or mental injury, physical or mental illness to you or any other person; 

(ii) may create a risk of any other damage or loss to any person or property;  

(iii) Intends to cause harm to or exploit children by exposing them to inappropriate content or otherwise;  

(iv) may constitute or contribute to crime;

(v) contains any information or content that we deem to be unlawful, harmful, abusive, infringing, lewd, racially or ethnically offensive, invasive of personal privacy or publicity rights, profane, threatening, defamatory to other people; 

(vi) contains any information or content that is considered to be illegal; or  (vii) does not infringe on the intellectual property rights or copyrights of others. 

You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation Intellectual Property Rights, Trademark Rights, or rights of privacy. We reserve the right to remove content and/or terminate or suspend you from the Website if your posts are deemed inappropriate or fall under any of the aforementioned categories.  

By posting or submitting Contents on www.freedemplants.com, you grant The Underground Plant Trade a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting our Website. This license gives The Underground Plant Trade the right to make publicly-posted content available to selected third parties for analysis and distribution through their services. 

In the case of a report of copyright or intellectual rights violation, we reserve the right to request information and/or documentation proving the ownership of the Intellectual Property Rights of the affected material or information proving the existence or absence of violation. You accept to provide any such information required of you. Submitting or not submitting the appropriate information and/or documentation will not result in us automatically deciding in favor of or against the existence of a violation. Any such determination will be made and resulting actions will be taken based on our sole discretion. You agree not to make any claims concerning actions taken or not taken by The Underground Plant Trade in this respect. 

We take no responsibility and assume no liability for any User Content that you or any other User or third party creates, stores, shares, posts. or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for 

your online distribution and publication of your User Content. If your Content violates these Terms of Use, you may bear legal responsibility for that content.

Third Party Content, Sites, and Services 

The Website may contain links to third-party websites that are not affiliated to us. Linking to these third-party websites does not imply approval or endorsement by us and we expressly disclaim any responsibility for the contents of the third-party website, the accuracy of the information, the purchase of products, services, resources, or any transactions made in connection with any third-party website. You are advised to carefully review the policies and practices of these third-party websites and make sure that you understand and agree with them before you engage in any transaction. 

Your interactions with individuals you found on or through the Website including but not limited to delivery of items, goods, and services, and any other terms or representations associated with such dealings are solely between you and any such individual and/or organization. We advise you to make whatever investigation you believe is necessary before proceeding with any online or transaction with any individual and/or organization found on the Website.  

You agree that we will take no responsibility or liability for any loss or damage of any kind incurred as a result of any such dealing and if there is a dispute between two parties on the Website, you agree that we are not obligated to get involved. In the event that you are involved in a dispute with one or more users on the Website, you hereby release The Underground Plant Trade, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, disclosed and undisclosed, known or unknown, suspected and unsuspected, arising out of or in any way related to such disputes. 

Reporting Claims of Copyright Infringement 

The Underground Plant Trade’s content is based on User Generated Content (UGC). We do not automatically vet all user uploaded/created content for copyright violations or trademark. However, we respect the intellectual property right of others. If you believe any of the uploaded contents uploaded on or through the Site infringe upon any copyright you own or control or a related exclusive right, you can submit a copyright infringement Notice electronically to info@freedemplants.com. The Underground Plant Trade investigates reported violations and removes and/or disables content proven to have violated third party rights.

For us to be able to review your complaint efficiently, your copyright infringement notice should include the following information:  

• A physical or electronic signature of the owner of an exclusive right that is allegedly infringed;  

• Identification of the copyrighted work claimed to have been infringed, or a representative list of such copyrighted works on the Site;  

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;  

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;  

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;  

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. 

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification and the user allowed to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials before receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws. 

Please be advised that under the federal law, you may be held liable for damages under Section 512(f) of the DMCA. if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Counter-Notification Procedures 

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting a written notification to our DMCA / Copyright Claims Agent (identified above). Under the DMCA, the Counter-Notice must include substantially the following: 

• Your physical or electronic signature. 

• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 

• Adequate information by which we can contact you (including your name, postal address, telephone number, and e-mail address). 

• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving a copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

Privacy Policy 

We care about the privacy and security of your information. Please review our Privacy Policy. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. 

Terms and Termination 

The Terms will remain in full force and effect while you use this website.  

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE FOR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OR ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY CANCEL YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING IN OUR SOLE DISCRETION. 

In addition to cancelling or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

Corrections 

There may be information on the website that contains typographical errors, inaccuracies, or omissions including descriptions, availability, pricing, and a variety of other information. We reserve the right to correct or update the information on the website at any time, without prior notice. 

Disclaimer 

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE VIA THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OR CONDITION OF ANY KIND, EITHER IMPLIED OR EXPRESSED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

WE MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE COMPLETENESS OR ACCURACY OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIAL, (2) PERSONAL INJURY OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE.

 

Limitation of Liability 

TO THE FULLEST EXTENT ALLOWED BY THE APPLICABLE LAW, IN NO OCCURRENCE SHALL THE UNDERGROUND PLANT TRADE, ITS ASSOCIATES, AFFILIATES, AGENTS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SERVICE OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE). IN EACH CASE WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OF NOT THE PROSE ENTITIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Indemnity 

You hereby agree to indemnify, defend and hold harmless The Underground Plant Trade, its associates, affiliates, employees, officers, directors, consultant, subsidiaries, contractors, suppliers subcontractors and agents harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or resulting from your use and access of the website, your non-compliance with these Terms, or your violation of any law or the rights of a third-party.

 

Severability 

In the event that any provision of these Terms is judged to be unlawful, illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent allowed by the applicable law, and the unenforceable portion shall be deemed to be deleted and such determination shall not affect the validity and enforceability of the remainder of these Terms. 

Changes 

We may update the Terms of Use including linked policies contained herein from time to time without prior notice to you. You agree that we may notify you of the latest updates by updating the “Last Updated” date at the top of the Terms of Use. 

You agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Website and its services. We advise you to review the Terms of Use frequently to ensure that you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting and will apply to your use of the Services from then onward.

Entire Agreement 

In the event that The Underground Plant Trade fails to exercise or enforce any right or provision of these Terms, it shall not constitute a waiver of such right or provision. These Terms and any policies posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us. 

Contact Us 

In order to resolve a complaint regarding the Website or to receive further information regarding use of the website, you can send us an email at info@freedemplants.com. 

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