The Garden Geek Privacy Policy

The Garden Geek, operates a series of websites (the “Site” or “The Garden Geek Services”) under the name The Garden Geek (“The Garden Geek” “We” “Us”) for use of our customers (collectively or individually, "Users" “you” “your”). By accessing The Garden Geek Services you acknowledge that you have read, understood, and agree to the following privacy policy.

This Privacy Notice is incorporated into and is subject to The Garden Geek Terms of Service. Your use of The Garden Geek Services and any personal information you provide on The Garden Geek Services remains subject to the terms of this Privacy Notice and the Terms of Service.

THE INFORMATION THE GARDEN GEEK COLLECTS:

"PROFILE INFORMATION": When using The Garden Geek Services you may provide certain personal information and content - interests and hobbies, facebook, etc. - that will be publicly displayed to other Users in accordance with your personal settings.

"COOKIES, PERSISTENT FILE INFORMATION": When you use The Garden Geek Services, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer. The Garden Geek may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your web browser and may be used by us during your subsequent visits to the Site. Persistent cookies set by the Site can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.

"LOG FILE INFORMATION": When you use The Garden Geek Services, our servers automatically record certain information about your usage. These server logs may include information such as a web requests, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, and features used in The Garden Geek Services.

How the Information is Used:

The Garden Geek is founded on the ideal and promotes a culture of sharing knowledge, ideas, concepts and know how. You understand that when you use The Garden Geek, certain information you post or provide on The Garden Geek site may be shared with other Users, including without limitation your profile, comments, photographs and other information.

We will not otherwise disclose any personal information without your consent except: in response to subpoenas, court orders, or legal process, or to establish or exercise our rights to defend against legal claims; and if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, investigate and defend ourselves against any third-party claims or allegations; assist government agencies; or as otherwise required by law.

INTERNATIONAL VISITORS:

The Garden Geek Services are hosted in the United States and are intended for United States visitors. Global participation is allowed, but if you are using The Garden Geek Services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.

The Garden Geek Terms of Use

The Garden Geek (“The Garden Geek,” “us,” or “we”) operates a series of websites. These Terms of Use (“Terms”) govern your use of any The Garden Geek website or service (collectively, the “Services”) that includes an authorized link to these Terms. Please review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.

1. Changes
We may occasionally change these Terms, so we encourage you to review the Terms periodically. If you continue to use the Services after we change the Terms, you accept all changes.

2. Privacy Policy; Additional Terms
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Policy.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

3. Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age- restricted Services unless you are above the required age.

4. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services. You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.

5. Legal Complaints
The Garden Geek respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE Digital Millennium Copyright Act Compliance. It is The Garden Geek’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, The Garden Geek will promptly terminate without notice the accounts of Users that are determined by The Garden Geek to be "repeat infringers." A repeat infringer is a User who has been notified by The Garden Geek of infringing activity violations more than twice and/or who has had a User Submission removed from The Garden Geek Services more than twice. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any The Garden Geek Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing The Garden Geek’s Designated Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable The Garden Geek Services are covered by a single notification, a representative list of such works on the applicable The Garden Geek Services;

3. 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 The Garden Geek to locate the material;

4. Information reasonably sufficient to permit The Garden Geek to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and

6. 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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

The Garden Geek‘s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at info@thegardengeek.com For clarity, only DMCA notices should go to The Garden Geek Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

6. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to The Garden Geek, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, share, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions. We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others You represent and warrant that you have all rights necessary to grant to The Garden Geek the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by User Submissions: Opinions and other statements expressed by users and third parties (e.g., bloggers) and in User Submissions are theirs alone, not opinions of The Garden Geek. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, The Garden Geek is not undertaking any obligation or liability relating to the content. The Garden Geek and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. The Garden Geek and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

7. Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:

• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;

• Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

• Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the The Garden Geek Parties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);

• Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;

• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

• Transmit files that contain viruses, spyware, adware, or other harmful code;

• Advertise or promote goods or services without our permission (including, without limitation, by sending spam); or

• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit.

8. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

• Restrict or terminate your access to the Services;

• Change or discontinue the Services;

• Deactivate your accounts and delete all related information and files in your accounts;

• Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms. Sections 6 and 10-12 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

9. Indemnification
You will defend, indemnify, and hold harmless The Garden Geek, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “The Garden Geek Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). The Garden Geek retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without The Garden Geek’s prior written approval.

10. Disclaimers; Limitation of Liability
THE GARDEN GEEK PARTIES DO NOT WARRANT:

(1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(2) THAT DEFECTS WILL BE CORRECTED;

(3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE GARDEN GEEK PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE GARDEN GEEK PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE THE GARDEN GEEK PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE GARDEN GEEK PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE GARDEN GEEK IN THE THREE MONTHS PRECEEDING THE CLAIM. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE GARDEN GEEK PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE THE GARDEN GEEK PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

12. Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in San Francisco, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

13. Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

Effective Date : January 24th, 2011