Terms & Conditions

Last updated: 9 December 2009

Overview:

By accessing our website or using our website service, you agree to be bound by the following Terms and our privacy policy. If you do not accept these Terms, you cannot use the website.

If you have any queries about the website or these Terms, contact PlantThis through our Contact Us section.

Membership and Eligibility:

You will need to register an account with us to use member areas of the website service. To register you must:

• provide registration information
• agree your use of the website service will be in accordance with these Terms and any applicable laws
• select a username and password
• agree to receive the PlantThis email newsletter
  

By registering an account with us, you warrant that:

• the registration information you have given is complete and accurate and will be kept updated; and
• your use of the website service does not violate these Terms and Conditions or breach any applicable laws

You acknowledge that you will be responsible for all activities that take place under your username and for keeping your password secure. If you become aware of any actual, threatened or suspected unauthorised use of your username or any other breach of security, you agree to notify us immediately.

You may cancel your account with us at any time by sending a Contact Us form marked "CANCEL MY ACCOUNT" and including your username and password. You may stop using our service at any time and do not need to explicitly inform us if you do.

You acknowledge and agree that the form and nature of the service that we provide may change and without prior notice. You acknowledge and agree that we may stop – temporarily or permanently – providing the service or any of its features at our discretion, at any time, without prior notice and without liability.

Rules Relating to Member Conduct:

The website service is made available for your own, personal use. The website service must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the website service you must comply with all applicable laws relating to online conduct (including, without limitation, content which can be posted online) and with any applicable international laws, including the local laws in your country of residence.

Advertisements:

We accept no responsibility for ads posted on the website. If you purchase goods or services from any third party who advertises on the website, you do so at your own risk. The advertiser, not PlantThis, is responsible for such goods or services. If you have any queries or complaints in relation to them, your only recourse is against the advertiser.

Competitions:

If you participate in any competition run on or through the website, you agree to be bound by the rules of that competition. PlantThis reserves the right to disqualify any entrant or winner in its absolute discretion without notice in accordance with the Competition Rules.

Links:

The website may contain links to websites operated by third parties Plant This Pty Ltd does not have any influence or control over any such Third Party websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party websites or their availability or contents.

Content Copyright:

The copyright in all material contained on, in or available through the website including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material is owned by – or licensed to – Plant This Pty Ltd. All rights are reserved.

You can view, print or download extracts of the material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the material – other than content posted by you – without the express permission of PlantThis. You must not frame or link to the website or any part of it without our permission.

The trademarks, service marks, and logos contained on or in the website are owned by Plant This Pty Ltd. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of PlantThis.

Privacy Policy:

We take your privacy seriously. PlantThis will only use your personal information in accordance with the terms of our privacy policy. By using the website you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

Content Submitted:

You are responsible for any information, data, text, music, software, sound, photographs, graphics, video, messages or other content which you post or upload or display (in public or privately) to the website.

We may record the IP address from which any content is posted, uploaded or displayed.

We may delete, edit, lock, move or remove any content without notice and for any reason, including content that – in our sole discretion – violates these terms or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever.

By posting, uploading or displaying any content to the website, you warrant that:

1. you own all intellectual property and proprietary rights in such content or that you have a licence from the owner of such rights to post, upload or display such content on the website; and
2. the posting, uploading or displaying of such content on the website and the grant of the licence will not infringe the intellectual property or proprietary rights of any third party.

By uploading, posting or otherwise transmitting any content to the website, you automatically grant:

1. other users the right to access and use it in accordance with these Terms; and
2. Plant This Pty Ltd a non-exclusive, royalty free, sub-licensable, perpetual, world-wide licence to use, modify, publish, publicly perform, publicly display and distribute the content on and through the website and the website service and in any other form or medium. You continue to own the content after it is posted to the website and may withdraw the content at any time.

You acknowledge that Plant This Pty Ltd will not screen or otherwise check any content which is submitted by you or any other user of the website service before it is posted, nor monitor yours or any person's use of the website service. You are responsible for any content you submit to the website and the manner in which the website service is used under your username. If you become aware of any misuse of the website service by any person including any posting of content which violates these Terms, please contact us.

Conduct:

You agree that when using the website service you will comply with all applicable laws and these Terms and you acknowledge that you are responsible for all acts and omissions which occur under your username.

In particular – but without limitation – you agree not to:

1. Upload, post or otherwise display content:

1. that is, or promotes, behaviour which violates the rights of a third party;
2. that is unlawful, harmful, threatening, abusive, inflammatory, hateful, offensive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, solicits personal information from anyone under the age of 18 years, or contains any illegal content;
3. that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the website or the website service or any server or networks connected to the website or another's computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar;
4. that contains a photograph of another person unless you have obtained that person's consent;
5. owned by a third party without consent from that third party;
6. in a manner which expressly or impliedly infers that such content is sponsored or endorsed by the website;
7. that comprises an advertisement;
8. for any commercial or business purpose including any content that contains any advertising or promotional materials;
9. that is false, misleading, unnecessary or repetitive including any content that is inaccurate, out of date or repeats content previously uploaded, posted or displayed by you or another visitor, unless absolutely necessary; or
10. to a part of the website not related to the subject matter of the content.

2. Accept payment or anything of value from any person in exchange for you uploading, posting or displaying any content or otherwise performing any commercial activity on or through the website or the website service (including posting blogs or bulletins or sending messages to other users of the website with a commercial purpose).
3. Harvest or collect any IP addresses, email addresses or other contact information of any members of the website by electronic means or otherwise.
4. Register an account with us under more than one username.
5. Restrict or in any way inhibit any other person's use of the website or the website service.
6. Use the website or the website service in a manner that is inconsistent with these Terms or any applicable laws in force from time to time or in a manner that promotes or encourages illegal activity.
7. Breach the terms of any suspension or ban or seek alternative access.
8. Use or solicit any other account holder's personal data for any purpose other than establishing non-commercial, lawful contact that such account holder would reasonably expect to welcome.
9. Use the website in any unlawful manner or in a manner which promotes or encourages illegal activity or in a manner which could damage, disable, overburden or impair the website or the website service.
10. Attempt to gain unauthorised access to the website or any networks, servers or computer systems connected to the website.
11. Modify, adapt, translate or reverse engineer any part of the website or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of the website or re-format or frame any portion of the web pages comprising the website, unless permitted by law.
12. Remove or obstruct from view any advertisements or any copyright, trademark or other proprietary notices contained on or in the website.
13. Contact another user of the website if they have expressly asked you not to.
14. Attempt to impersonate any other user or account holder of the website or the website service.
15. Use the username or password of any other account holder of the website or disclose your password to any other person.

You agree in the interests of free speech not to, bring any action for defamation against Plant This Pty Ltd.

You agree to indemnify Plant This Pty Ltd in full and on demand from and against any loss, damage, costs or expenses incurred directly or indirectly as a result of your use of the website or the website service, and under your username other than in accordance with these Terms or applicable laws.