Terms and Conditions
Last Updated: March 16, 2012
Your Use of the Site
You may not use, store, download, upload, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the information, software, text, images, audio clips, videos, or other content of any type (collectively, the “Site Content”) or the User Content (as defined below), in whole or in part, outside of the specific usage rights granted to you by MasterTag as described in these Terms and any applicable license that you have entered into with MasterTag. You may not use the Site in any manner that interferes with MasterTag’s normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws and regulations, including all applicable copyright, trademark, and other intellectual property laws.
You may display, copy, download, print, and use the Site Content contained on the Site for your own personal, non-commercial or educational use provided that you do not modify or delete any copyright, trademark, or other proprietary notice or disclaimers. Any Site Content that you display, copy, download, print, or use is owned by MasterTag and is provided to you by MasterTag under a license (and not by a transfer of title) that is non-exclusive, non-transferable, and revocable. The Site Content shall be used for informational, non-commercial or educational purposes only and shall not be for public display (either commercially or non-commercially) unless a separate license for use of the Site Content is entered into as between you and MasterTag. You shall not decompile, reverse engineer, copy, modify, reuse, or republish any software or source code contained on the Site. You shall not use any device or other means to harvest any information about users of the Site.
You are solely responsible for maintaining the confidentiality of your Account Information, your account and password, and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. You may notify MasterTag at [insert e-mail address] if you become aware of any unauthorized use of your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in User Content (as defined below). We may at some time utilize e-mail to communicate with users about service-related matters, and by becoming a Site Member, you are consenting to the receipt of these communications.
MasterTag reserves the right to suspend, cancel, or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user. MasterTag also specifically reserves the right to, in its sole discretion, place an upper limit on the number of transmissions that you can submit or receive through the Site or the amount of storage space that you may use.
The Site Content, including any articles, blogs, posts, or instructions, provided on this Site is intended to be used for supplemental information purposes only and is not a substitute for professional horticultural advice or care. The Site does not include a comprehensive list of plants, horticultural care methods, or instructions of any kind and is not necessarily specific to your personal horticultural situation. For complete horticultural information specific to your situation, please contact a professional horticultural expert. Never disregard professional horticultural advice or delay in seeking such advice because of the contents of this Site. Reliance on any information provided in the Site is solely at your own risk.
Should the Site or any feature thereof allow posting of content by users, you shall be responsible for all content that you post on or transmit through the Site (the “User Content”). You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations, or offers to sell any goods or services for any commercial purpose unless you have MasterTag’s express, written consent; © material that, in the sole discretion of MasterTag, is pornographic, sexually explicit, or obscene; (d) content that, in the sole discretion of MasterTag, exploits children and/or minors; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that, in the sole discretion of MasterTag, was posted for malicious, vindictive, or disruptive purposes, including libel, slander, defamation, or harassment; (g) content that, in the sole discretion of MasterTag, may be deemed offensive to users of the Site, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred, or profanity; (h) content that, in the sole discretion of MasterTag, promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, or sexual orientation; (i) content that, in the sole discretion of MasterTag, is false, inaccurate, misleading, or for fraudulent purposes; (j) content that, in the sole discretion of MasterTag, promotes or provides instructional information about illegal or illicit activities; (k) content that transmits or contains viruses, corrupted files, malware, spyware, or similar malicious content; or (l) content that, in the sole discretion of MasterTag, violates any applicable laws or regulations. By registering as a Member of the Site or using the Site, you consent to having your User Content co-mingled with advertisements and other User Content that may appear on the Site.
Based on the very nature of User Content, MasterTag does not necessarily endorse, support, sanction, encourage, verify, or agree with the User Content posted on the Site. Any information or material placed on the Site are the views and responsibility of the Member or user who posts the statements and do not necessarily represent the views of MasterTag. You agree that MasterTag is not responsible for, and shall have no liability to you with respect to, any information or materials or User Content posted by others, including defamatory, offensive, deceptive or illicit material, even material that violates these Terms.
Examination of Site
Removal of Content on Site. MasterTag has the exclusive right to control accessibility, hours of use, features on the Site, Site Content, User Content, and any other information found on the Site. MasterTag may examine User Content on the Site from time to time, and MasterTag maintains the absolute right (though not the obligation) in the sole discretion of MasterTag to remove any User Content that does not meet the standards in these Terms or that is otherwise objectionable or inaccurate in MasterTag’s sole and absolute discretion. MasterTag also reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms.
Intellectual Property Rights
You agree that MasterTag (or its licensor) owns any and all world-wide, registered or unregistered, intellectual property rights and interests that may reside in the Site and/or Site Content. You agree that you have no right to use any trademarks, service marks, or logos displayed on the Site without the prior express written permission of MasterTag. Other product names or business names that are published on the Site may be the property of their respective owners.
Grant of License by You to MasterTag
MasterTag shall not have intellectual property rights in User Content that is posted on the Site and shall have no responsibility or obligation to protect or enforce any intellectual property rights that may exist in the User Content. By posting or transmitting User Content on or through the Site, you are granting to MasterTag a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, download, upload, distribute, reproduce, rearrange, edit, modify, or aggregate your User Content with the Site Content generated by MasterTag or with other User Content, create derivative works of and publicly perform that User Content for any purpose on and through each of the services provided by the Site or on other sites owned by MasterTag or its affiliates or partners. MasterTag shall have the right, but not the obligation, to use your name, city, and state in connection with any use of your User Content. This license shall apply to the distribution and the storage of your User Content in any form, medium, or technology now known or later developed.
Access and Availability
This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware, third-party vendor, or other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSLY PROVIDED, ALL SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, INCLUDING ANY SOFTWARE, SITE CONTENT, AND ANY OTHER INFORMATION PROVIDED ON THE SITE, SHALL BE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND MASTERTAG SPECIFICALLY DISCLAIMS ANY GUARANTEE, WARRANTY, OR REPRESENTATION, EXPRESSED OR IMPLIED, REGARDING THE CONDITION, ACCURACY, COMPLETENESS, RELIABILITY, ADEQUACY, FUNCTIONALITY, OR SUITABILITY OF THE SERVICES OR INFORMATION. YOUR RELIANCE ON THE SERVICES OR INFORMATION TO INCUR AN OBLIGATION OR TO MAKE A DECISION, AMONG OTHER THINGS, SHALL BE AT YOUR OWN RISK.
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MASTERTAG DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE. Please note that some jurisdictions may not allow the exclusion of implied warranties, and consequently, some of the above exclusions may not apply to you. Without limiting the foregoing, MasterTag neither warrants nor represents that your use of any Site Content or User Content will not infringe the rights of any third parties, nor that the Site Content or User Content will be accurate, complete, up-to-date, or available for your use when desired. Additionally, with reference to any discussions, postings, news, and the like that may be on the Site, MasterTag assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law contained in any such locations on the Site. MasterTag assumes no responsibility or liability for any charges incurred by a user of the Site from its internet service provider or from any mobile device provider.
Limitation of Liability
YOUR USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, OR ANY SERVICES OFFERED THROUGH THE SITE IS AT YOUR OWN RISK. MASTERTAG SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM THE USE OF ANY HARDWARE OR SOFTWARE IN CONNECTION WITH THE SITE OR THE LOSS OR CORRUPTION OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, POWER SURGES, MALICIOUS INTENT OR INTRUSION BY A THIRD PARTY, VIRUSES, OR ACTIONS OF ANY USER. EACH USER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE FOR ITS PURPOSES, AND MASTERTAG SHALL HAVE NO LIABILITY FOR SUCH SELECTION. IN NO EVENT SHALL MASTERTAG (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUPPLIERS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF REVENUES), EVEN IF MASTERTAG HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT, AND USER CONTENT AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of certain damages, and consequently, some of the above exclusions may not apply to you but shall be enforced to the fullest extent permitted under law.
You agree to indemnify, defend, and hold harmless MasterTag and its officers, directors, employees, representatives, agents, licensors, suppliers, and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs resulting from: (a) any violation of these Terms, (b) any activity related to your account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your account or computer), and/or © any User Content you submit or transmit through the Site in violation of these Terms. You also agree to take sole responsibility for any royalties, fees, or other monies owed to any person by reason of any User Content you post or transmit through the Site.
MasterTag may provide hyperlinks on this Site which link to other websites. If you use these links to these websites, you will leave this Site, and you do so at your own risk. MasterTag makes no warranty or representation regarding any linked websites or the information appearing on such linked websites. The links do not imply that MasterTag sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in the linked websites. MasterTag prohibits caching, unauthorized hypertext links to this Site, or the “framing”, “in-line linking”, “deep linking”, or “mirroring” of any Site Content available on this Site. As such, MasterTag reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Site Content available on any other website linked to this Site. You should be aware that linked websites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the Terms of this Site. MasterTag is not responsible for such policies and expressly disclaims any and all liability related to such policies.
Digital Millennium Copyright Act
MasterTag intends to comply with the requirements of the Digital Millennium Copyright Act (the “DMCA”). If you own a copyright or are the agent of a copyright owner, and you believe that any User Content infringes your copyrights, you may submit written notification to [insert contact information], including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted works, or a representative listing if multiple works are allegedly infringing on a single online site; © identification of the material which is claimed to be infringing and information reasonably sufficient to permit MasterTag to locate the material; (d) information reasonably sufficient to permit MasterTag to contact you, such as a telephone number, mailing address, or e-mail address; (e) a statement of your good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the written notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are a user whose User Content has been disabled or removed from the Site, and you believe that your User Content is not infringing or if you have been authorized by the owner of the copyright, its agent, or the law to post or transmit the content as User Content, you may send a counter-notice to [insert contact information], including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) your physical or electronic signature; (b) identification of your User Content which has been removed or to which your access has been denied and the location at which the User Content appeared before it was removed or disabled; © a statement of your good faith belief that the User Content was removed or disabled as a result of mistake or misidentification of the User Content; (d) your name, mailing address, telephone number, and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the Western District of Michigan and will accept service of process from the person who provided notification to MasterTag of the allegedly infringing material. If the designated contact person at MasterTag receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User Content will be restored or access to the User Content enabled within ten (10) business days. MasterTag shall have the sole discretion to replace the User Content or enable access to the User Content at any time after ten (10) business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content.
Information and Press Releases
This Site contains information and press releases concerning MasterTag. While this information was believed to be accurate to the best of our knowledge when put on this Site, MasterTag expressly disclaims any duty or obligation to update such information or keep such information current.
Law and Jurisdiction
These Terms and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Kent County, Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and the Site or in which these Terms and/or the Site are a material fact, and you consent to personal jurisdiction of such courts.
By providing Site Content, MasterTag does not promise that the Site Content will remain available to you. By using this Site, you agree to accept and abide by these Terms. If you do not agree to accept and abide by these Terms, do not use the Site. MasterTag may revise or modify these Terms from time to time and post such revisions or modifications on this page. If these Terms are revised, the revised Terms will be posted here with the date of the most recent version posted above. Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and MasterTag.
MasterTag may end this agreement with you at any time if you violate the terms of the agreement, if MasterTag is required to do so by law, or if MasterTag determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site. MasterTag shall have the right to assign or transfer any rights or licenses granted by these Terms. Upon termination of this agreement, Sections 6-8, 10-12, 14, 16-18, and 20 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties’ agreement as herein expressed.
Violations of Terms
MasterTag reserves the right to seek all remedies available at law and in equity for violations of these Terms. Any cause of action you may have with regard to the use of this Site against MasterTag must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.
Users are prohibited from violating or attempting to violate the security of the Site, including, but not limited to: (a) gaining unauthorized access to any portion, feature, or services offered by or through the Site, or any related systems, servers, or networks connected to the Site by hacking, password “mining”, or any other unauthorized means; (b) scanning or testing the vulnerability of the Site or a system, server, or network connected to the Site; © breaching the security or authentication measures on the Site or any network connected to the Site; (d) performing reverse look-ups or tracing any information, personal or otherwise, of any other user or MasterTag; (e) taking any action that unreasonably or disproportionately burdens the Site’s infrastructure, related systems, servers, or networks; or (f) using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person’s use of the Site. MasterTag will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators.
These Terms shall govern your legal relationship with MasterTag. However, if additional terms and conditions are at any time provided with respect to a particular service or feature of the Site, those terms and conditions will control with respect to the particular service or feature to which they relate if there is a conflict between the service- or feature-specific terms and these Terms.
MasterTag welcomes your questions or comments regarding these Terms. If you have any questions, please feel free to contact MasterTag:
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