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LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Gardeneur in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Gardeneur, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with Gardeneur, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").
MODERATION. You agree we may moderate Gardeneur access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g.prohibited section below, are incorporated herein.
SALES. You authorize us to charge your account for Gardeneur fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to Gardeneur, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and Gardeneur is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your Gardeneur use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("Gardeneur ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) Gardeneur ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your Gardeneur use is governed by California ("CA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Gardeneur Entities; (6) (except government agencies) to indemnify Gardeneur Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Gardeneur use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
Here is a partial list of goods, services, and content prohibited on gardeneur:
weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
prescription drugs, medical devices; controlled substances and related items
alcohol or tobacco; unpackaged or adulterated food or cosmetics
child pornography; bestiality; offers or solicitation of illegal prostitution
pet sales (re-homing with small adoption fee ok), animal parts, stud service
endangered, imperiled and/or protected species and any parts thereof, e.g. ivory
false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
offensive, obscene, defamatory, threatening, or malicious postings or email
anyone’s personal, identifying, confidential or proprietary information
food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
stolen property, property with serial number removed/altered, burglary tools, etc
ID cards, licenses, police insignia, government documents, birth certificates, etc
US military items not demilitarized in accord with Defense Department policy
counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
spam; miscategorized, overposted, cross-posted, or nonlocal content
postings or email the primary purpose of which is to drive traffic to a website
postings or email offering, promoting, or linking to unsolicited products or services
affiliate marketing; network, or multi-level marketing; pyramid schemes
any good, service, or content that violates the law or legal rights of others
Please don't use Gardeneur for these purposes, and flag anyone else you see doing so.
Thanks for helping keep Gardeneur safe and useful for everyone.
This policy details how data about you is used when you access our websites and services (together, "Gardeneur") or interact with us. If we update it, we will revise the date, place notices on Gardeneur if changes are material, and/or obtain your consent as required by law.
1. Protecting your privacy
We take precautions to prevent unauthorized access to or misuse of data about you.
We do not run ads, other than the classifieds posted by our users.
We do not share your data with third parties for marketing purposes.
We do not engage in cross-marketing or link-referral programs.
We do not employ tracking devices for marketing purposes.
We do not send you unsolicited communications for marketing purposes.
We do not engage in affiliate marketing (and prohibit it on Gardeneur).
We do provide email proxy & relay services to reduce unwanted email.
Please review privacy policies of any third party sites linked to from Gardeneur.
2. Data we use to provide/improve our services and/or combat fraud/abuse:
data you post on or send via Gardeneur, and/or send us directly or via other sites
credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
data collected via cookies (e.g. search data and "favorites" lists).
data about your device(s) (e.g. screen size, DOM local storage, plugins).
data from 3rd parties (e.g. phone type, geo-location via IP address).
3. Data we store
We retain data as needed for our business purposes and/or as required by law.
We make good faith efforts to store data securely, but can make no guarantees.
You may access and update certain data about you via your account login.
4. Circumstances in which we may disclose user data:
to vendors and service providers (e.g. payment processors) working on our behalf.
to respond to subpoenas, search warrants, court orders, or other legal process.
to protect our rights, property, or safety, or that of users of Gardeneur or the general public.
with your consent (e.g. if you authorize us to share data with other users).
in connection with a merger, bankruptcy, or sale/transfer of assets.
in aggregate/summary form, where it cannot reasonably be used to identify you.
International Users - By accessing Gardeneur or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at firstname.lastname@example.org.