“We and/or “Us” means Our Plant Collection, LLC “You and/or your” means the person or entity named as client.
You will be deemed to have accepted these terms and conditions unless you notify us to the contrary.
No variation of these terms or conditions shall be effective unless agreed in writing.
“Image” means any item which may be offered for the purposes of digital use.
LICENSE FOR USE OF IMAGES
- Images are for digital use only and are not allowed to be reproduced or used in printed publications or catalogs. The reproduction by whatever means of the whole or any part of any Image is strictly forbidden without our specific written permission.
- Images are for You and/or Your company’s use only and not for resale distribution, or third party use of any kind. All unauthorized usage of said content may carry a civil suit and/or criminal prosecution.
- Images are only allowed to be used for website or social media advertising, newsletter or plant tags for Your garden center/plant nursery. Images are not allowed to be used for plant tags which will be sold as a product. Using an Image in a third-party application, software, third-party website or database is strictly forbidden.
- Any use of Images shall be in a format designed so that it will not be possible to save, copy, alter, manipulate or adapt any Image in any way during the normal course of using the product.
- You are responsible for verification of all plant material identification and naming being correct. We do our best to verify this but cannot guarantee 100%. Tags and categories are used as a general search engine to narrow down certain items and should not be taken as fact, they are merely and opinion of where plants should be located.
- You must let us know if there is an issue with an image within 72 hours after this time has passed; we will not assume any responsibility.
- All images have copyright per US Copyright Office. All content regardless of its nature which are displayed on this website are protected by United Stated copyright laws as well those laws associated with intellectual ownership and so, worldwide. Nothing from https://ourplantcollection.com can be reproduced distributed, translated, downloaded, displayed or transmitted by any means with prior written consent from US
- Any reproduction outside the terms of any license constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction or improper digital use of any Image supplied to you. Our Plant Collection, LLC reserves the right to take legal actions and monetary compensation.
- You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libelous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you.
- While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the license fee paid by you.
- These Terms and Conditions shall be governed by the laws of the United States of America (USA) and the parties agree to submit the jurisdiction of the USA courts, such jurisdiction to be exclusive, save for infringement of copyright or nonpayment.
- In no event will Our Plant Collection, LLC or its affiliates, or any person or party involved in creating, producing or delivering this Website, or on any Website linked to this Website, be liable in any manner whatsoever for any direct, incidental, consequential, (including lost profits, loss of business or data, business interruption, trading losses) indirect, special, exemplary or punitive damages arising out of or in an any way related to the Website or any Website linked to the Website or your access, use or inability to use the Website or any Website linked to the Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. The above shall apply even if Our Plant Collection, LLC or any third party has been advised of the possibility of such damages or loss.
- Except as specified in one or another section of the Website, no element of the Website may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted by any means, without prior written permission of Our Plant Collection, LLC.
- If you have an account with US, you are responsible of maintaining the confidentiality of your identity, your account, your password, limit access to your computer. Our Plant Collection, LLC will not be held responsible for any loss or damage ensuing from non-respect of the security measures detailed in this section.
- Reservation of Rights. All rights not expressly granted hereunder are reserved to US, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.