Terms & Conditions

Terms of Use

Last updated: March 28, 2018

© 2014, 2016, 2018 MeSch Software U.G. All rights reserved.

Copyright & Trademarks

No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from PlantDemand.

Acceptance of Terms Through Use

WELCOME TO THE PLANTDEMAND WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that PlantDemand reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, PlantDemand reserves the right to seek all remedies available in law and equity for such violations.

Title and Ownership

All rights, title and interest in and to the Site and to the content and other information and materials available on this Site, including software, (collectively the”Materials”) are proprietary to PlantDemand and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by PlantDemand and its suppliers.

Limited License to Use Site

The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by PlantDemand in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of PlantDemand products you may print out and use a reasonable number of copies of Materials related to those specific PlantDemand products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

Termination of this License

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

Products and Services

PlantDemand’s obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided.  If you obtain a product or service from PlantDemand through this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Password-Protected Areas and Access

Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password protected area is restricted to authorized users only who have met the qualifications required by PlantDemand, in its sole discretion, for use thereof. Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such password-protected area. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder’s rights to access this Site in whole or in part.

General Disclaimer and Limitation of Liability

Although PlantDemand has attempted to provide accurate information on this Site, PlantDemand assumes no responsibility for the accuracy of the information or Materials; nor does PlantDemand warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. PlantDemand may change the Materials or products mentioned at any time without notice. Mention of non-PlantDemand products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL PLANTDEMAND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PLANTDEMAND PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PLANTDEMAND OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY WILL BE GOVERNED BY THE LAWS OF GERMANY.

User Communications / Chat Rooms, Blogs and other User Forums

This Site may include bulletin board services, blogs, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with PlantDemand (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by PlantDemand, the general public or by members of a public or private community (collectively, “User Communications”). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

• You are granting PlantDemand, its designees, licensees and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, display (publicly or otherwise), perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;
• PlantDemand shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
• You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

PlantDemand shall have no obligation to monitor the User Communications to the Services. Nor shall PlantDemand have an obligation to remove any User Communications that you have opted to input and share with the PlantDemand Outdoors community absent its receipt of your written request to do so. However, PlantDemand reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

PlantDemand reserves the right at all times to disclose any information as PlantDemand deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in PlantDemand’s sole discretion. Personally identifiable information that you may submit for the purpose of receiving products or services will be handled in accordance with PlantDemand’s online Privacy Statement.

PlantDemand does not control or endorse the content, messages or information found in any User Communications and, therefore, PlantDemand specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.

Please note: You may submit a request for removal of your shared User Communications from the applicable user chat room, blog or other forum to the email address designated for such purpose, or to webmaster@PlantDemand.com; provided, however, that such removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.

No Misuse of the Site

As a condition of your use of the Site you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by PlantDemand or any other party (including attorneys fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to,

• Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
• Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
• Subscription fraud or unauthorized access;
• Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
• Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
• Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;
• Violating any code of conduct associated with the Site, or any applicable laws or regulations;
• Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.

Indemnification

UPON A REQUEST BY PlantDemand, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PlantDemand AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. PlantDemand RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH PlantDemand IN ASSERTING ANY AVAILABLE DEFENSES.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

PlantDemand reserves the right to remove Materials or discontinue services available on this Site with or without notice. PlantDemand further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

Linking to the PlantDemand Website

You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to PlantDemand’s website:

• May link to but not replicate the PlantDemand content (i.e., Materials)
• May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as “This way to PlantDemand” or “Click here for more information on PlantDemand products”.
• Should not create a browser or border environment around PlantDemand content
• Should not imply that PlantDemand is endorsing it or its products
• Should not misrepresent its relationship with PlantDemand
• Should not present false information about PlantDemand products or services
• Should not use the PlantDemand logo or other trademarks without permission from PlantDemand
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

By placing a link on your web site to the Site you agree to promptly remove such link at PlantDemand’s request. For information on PlantDemand authorized logo and trademark use programs, you may contact webmaster@PlantDemand.com.

International

This Site is administered by PlantDemand from its offices at Munich, Germany. PlantDemand makes no representation that Materials on this site are appropriate or available for use in locations outside Germany, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, export laws and regulations. If you choose to access this site from locations outside Germany, you do so on your own initiative and are responsible for compliance with applicable local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Munich, Germany, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of Munich, Germany; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and PlantDemand with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PlantDemand with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by PlantDemand. The failure of PlantDemand to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.