THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS, GALLERIES OR FORUMS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH PROJECT NURSERY, L.L.C (“PN”).
PN may amend these Terms at any time by posting the amended terms on the Site. Any changes shall become part of the Terms and shall apply as soon as such a notice is posted. These Terms, together with the Privacy Policy posted on this Site, sets forth the general rules and policies governing your use of our Site. When you access the PN site, you are agreeing to these Terms. You should review these Terms periodically to see if any changes have been made. These Terms of Use were last modified on November 2, 2022.
Registration and Account Creation. The Site contains a social networking community forum for its users (“Community”) which includes a gallery of photo images and videos submitted by users (“Gallery”). In order to join the PN Community, or use any of the community, interactive, or customized features of the Site, you must first complete the registration form and create a user name and password. You will provide PN with certain registration information, all of which must be accurate and updated. You are solely responsible for maintaining the confidentiality of your password and for all usage or activity on your User account. See PN Privacy Policy for detailed description of information collected and used by PN.
Modifications. PN reserves the right to modify or discontinue the Site (or any part thereof) with or without notice. PN shall not be liable to any third party for any modification, suspension or discontinuance of the Service.
Privacy and Security. The use of Your personal information is governed by the terms of our Privacy Policy. The Privacy Policy, as it may change from time to time, is incorporated herein and made a part of these Terms.
Photo/Video Usage and Linkbacks. PN grants permission to other websites and blogs (non commercial websites only OR blogs with or without ads) to publish up to one (1) paragraph of text per article and/or use up to two (2) photo images or one (1) video per article as long as a link back to the full entry on www.projectnursery.com is included. No written permission is required if above rules are adhered to. If you find material of interest on PN and write about it, it is appreciated if you would note PN as the source and credit us on your blog, website, or in the pages of your publication.
Intellectual Property. Materials on Site, including, but not limited to: names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (the “Online Materials”) are owned, trademarked and/or licensed by PN, or by a participating contributor, advertiser or consultant. You agree to abide by all applicable copyright, trademark and other laws, as well as any additional copyright notices or restrictions contained on the Site. PN does not convey, through allowing access to the Site, any ownership rights in the Site or in any Online Materials. No Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of PN (See photo/video usage and linkbacks permission above). Any infringing or unauthorized use of the Online Material and any attempt to modify any Online Material, to defeat security features, or to utilize this site or the Online Materials for other than its intended purposes is prohibited. If you would like to request special copyright permissions, please email us at admin(at)projectnursery.com.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information email us at admin(at)projectnursery.com.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Sponsors, Third Parties, Advertisers, Links. The Site contains links to other web sites. PN is not responsible for and makes no representations with respect to the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by PN. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by PN. If you decide to leave the Site and access these third-party sites, and/or use the products or services of such websites, you do so at your own risk.
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Site, including, but not limited to, online retail websites, social networking websites, information portals, medical websites, and payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that PN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Site, or as a result of links to other World Wide Web sites. All rules, policies (including privacy policies) and operating procedures of merchants or other sites will apply to you while on such sites. PN is not responsible for information provided by you to merchants or other sites.
Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:
a. Copy, print (except for express limited purpose permitted herein), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from;
b. Use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, subscription, or any other mechanism without the explicit written permission from us;
c. Submit or transmit any message that is libelous or defamatory, obscene, vulgar, hateful, threatening or abusive or violates any third party’s copyrights, privacy or publicity rights, trademarks, trade secrets, or rights in other confidential information, or would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law;
d. Submit or transmit any message, data, image, or program with the intent to threaten the safety of others or to cause others to feel that they are being threatened;
e. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;
f. Obtain or accumulate personal information about individual users or collect or store personal data about other users.
g. “Stalk” or otherwise harass a computer user.
h. Interfere with other Users’ use of the Site, including, without limitation, disrupting the normal flow or use of the service.
i. Post or transmit any file which contains “viruses,” “worms,” “Trojan horse” or any other contaminating or destructive features.
We do not intend to discourage Users from taking controversial positions or expressing what may be unpopular views; however, we expect users to express their views and participate in discourse on this Site in a civil and respectful manner. We reserve the right to take such action as we deem appropriate in cases where the Site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
We reserve the right to share information you provide (including any identifying information you provide) with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or take action regarding suspected fraud, any situations involving threats or potential harm to the physical safety of any person or property, or if required by law (such as if required by a subpoena, court orders or other legal means).
It is our general policy to protect the privacy of the persons transmitting any messages to us through the Site. By sending a submission to us through the Site, the User automatically authorizes us to read it, edit it, and publish it on the Web site or any of our future publications and authorize other organizations to publish it.
We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.
Release for Photographs, Video and/or Written Material. You confirm that all photographs, videos and/or written material that you post now or in the future on the Site are original to you, or that you have full right and authority to allow them to be used, posted, exhibited or reproduced on the Site. You confirm that, to your knowledge, none of the photographs, videos and/or written material will infringe or violate the rights of others, and you confirm that the photographs and/or written material are not vulgar, obscene, or embarrassing. If any of the photographs, videos and/or written material require permission for posting or display on the Site, you confirm that you have obtained such permission from all owners of those rights.
USER CONTENT
You acknowledge, understand, and agree that neither the Site, nor its administrators, owners, affiliates, and/or partners will be responsible or liable to you or any third parties in any way for using, posting, exhibiting or reproducing your photographs and/or written material on the Site.
PN may review all photographs, videos and/or written material posted to the Site, and may remove, without notice or liability to you, any photographs, videos and/or written material PN finds objectionable at our sole discretion. You understand that if you post photographs, videos and/or written material in violation of these Terms, PN may immediately prevent you from posting additional photographs, videos and/or written material, and may terminate your membership, at our sole discretion and without notice or liability to you.
By submitting User Content to PN (i.e. any comments, feedback, materials, testimonials, criticisms, questions, or letters or the like sent or posted by you to PN regarding the Site resources, articles, links, among other things); simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted, to us an unrestricted, unconditional, unlimited, worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable (through multiple levels), and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the User Content (in whole or in part) as PN, in its sole discretion, deems appropriate, for any purpose whatsoever, including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of PN successors, parents, subsidiaries, and their related companies.
PN may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website, these Terms of Use and applicable Additional Terms. Without limitation, the granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Except as otherwise described in PN’s posted Privacy Policy, you agree that your User Content will be treated as non-confidential and non-proprietary. Furthermore, PN is free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Content; or creating informational articles based on or advertising our products and services. You further authorize us to publish your User Content in a searchable format that may be accessed by users of the Website and the Internet.
Social Content. By sharing photos on Instagram, Twitter, Facebook, and Pinterest with the hashtag #projectnursery, #projectjunior and #pnshop or directly uploading photos to projectnursery.com, or by responding to project nursery and project junior’s photo rights request with the hashtag #yestopn or #yestopj, you are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as “User Content”), such as posting or sharing comments, photos, and videos.
You grant permission to PN a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other marketing purposes, including but not limited to catalogs, email, and other customer communications, e-commerce materials, social media, and other marketing. PN may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote PN, or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You own all rights to your User Content or, alternatively, that you have the right to give PN. the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Termination. PN may discontinue or suspend the Site at any time without notice, and PN may block, terminate or suspend Your access to any section of the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to other users. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that PN shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
Communications and Notices. You consent to receive information from PN electronically. PN will communicate with Users by email or by posting notices on the Site. You agree that all Terms of Use, Privacy Policy, notices, disclosures, and other communications that PN provides to you electronically satisfies any legal requirement that such communication be in writing. PN reserves the right but assumes no obligations to provide communications in paper format.
Assignability. Your right to use the Site is personal to you and you may not sub-license, transfer, sell or assign these Terms to any third party without our prior written approval. Any attempt to do so will be void. You agree that the Terms may be automatically assigned by PN, in its sole discretion, to a third party in the event of a merger or acquisition or otherwise.
No Warranty. EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT PROJECT NURSERY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SITE PROVIDES INFORMATION OF A GENERAL NATURE AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. IF YOU HAVE ANY CONCERNS ABOUT YOUR OWN HEALTH OR THE HEALTH OF YOUR CHILD, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. PN DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCT, PROCEDURE, OPINION OR ANY OTHER INFORMATION CONTAINED ON THIS SITE.
c. PN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (vi) THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. USERS ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A PROCEDURE OUTSIDE THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. USE OF THE SITE AND THE INTERNET GENERALLY IS AT THE USER’S OWN RISK.
Limitation of Liability. You expressly understand and agree that PN, its parent, subsidiaries, affiliates, officers, directors, employees, clients, and agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, (even if Project Nursery has been advised of the possibility of such damages), resulting from (i) the use or inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any User or any third party on the Service; or (v) any other matter relating to the Service.
Inaccuracy Disclaimer. From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Project Nursery reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
Indemnification. You agree to indemnify, defend and hold PN, its parent, subsidiaries, affiliates, officers, directors employees, clients and agents harmless from any claim or demand, including costs and reasonable attorneys’ fees, made or incurred by any third party due to or arising out of your breach of these Terms, the documents incorporated by reference herein, or Your use of the Site.
Restrictions on Use, Legal Compliance and User Disputes. You may not use PN or its content for any illegal purpose or in any manner inconsistent with these Terms. You agree to use PN solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You shall comply with all applicable United States and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. PN may delete any content that in the sole judgment of PN violates these Terms or the PN Privacy Policy or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. You are solely responsible for your interactions with other PN Users. PN reserves the right, but has no obligation, to monitor disputes between you and other Users.
Choice of Law, Jurisdiction, and Arbitration. The parties agree to make good faith and reasonable efforts to resolve any disputes under these Terms without the need for litigation. In the event a dispute arises between any User and PN out of these Terms, such dispute will be governed by the laws of the State of California. These Terms require you to submit to exclusive binding arbitration on any claims you may have against PN in connection with these Terms, Privacy Policy, or the Site. Such arbitration shall be adjudicated by the rules of the American Arbitration Association and to be held in San Francisco, California. Further, you agree to submit to the personal jurisdiction of the courts located within San Francisco, California.
No Class Action
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST PN.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST PN.
Entire Terms of Use and Severability. These Terms constitutes the entire Terms between you and PN and governs your use of the Service. If any provision of these Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force. 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 the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
