By using the Services, in any manner, including, but not limited to, visiting or browsing the Site, you (the “User” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the Services, including but not limited to users who are vendors, customers, merchants, contributors of content, information and other materials, and/or those who services on the Site. This Agreement does not provide for any third-party beneficiary rights to any party.
1. Landscape Hub is a Marketplace
Landscape Hub acts as a marketplace to allow users, who must comply with Landscape Hub’s policies, to offer, sell, and buy goods. You agree that Landscape Hub solely is a marketplace and, as such, is not responsible or liable for any content, including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links, posted by you, other Users, or outside parties on Landscape Hub.
You grant Landscape Hub a license to use any information or content you supply to Landscape Hub and/or post on the Site (“Content”). Moreover, you grant Landscape Hub a nonexclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in the Content and in any media now known or not currently known with respect to your Content. You agree to allow Landscape Hub to store, translate, or reformat your Content on Landscape Hub and display your content on Landscape Hub in any way Landscape Hub chooses.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Landscape Hub user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Landscape Hub related communications. Landscape Hub has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any user to your email or physical mail list.
By posting Content on Landscape Hub, it is possible for an outside Site or a third-party to repost that Content. You agree to hold Landscape Hub harmless for any dispute concerning this use. If you choose to display your own Landscape Hub hosted image on another Site, the image must provide a link back to its listing page on Landscape Hub.
Landscape Hub considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by Users via the Services (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be nonconfidential and nonproprietary, and Landscape Hub shall not be liable for the disclosure or use of such Material. If, at Landscape Hub’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Landscape Hub will also consider that Material to be nonconfidential and nonproprietary and Landscape Hub will not be liable for use or disclosure of the Material. Any communication by you to Landscape Hub is subject to this Agreement. You hereby grant and agree to grant Landscape Hub, under all of your rights in the Material, a worldwide, nonexclusive, perpetual, irrevocable, royalty free, fully paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever.
3. Information Control
Landscape Hub does not control the Content provided by users that is made available on Landscape Hub. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using Landscape Hub, you agree to accept such risks and that Landscape Hub and Landscape Hub’s officers, directors, agents, subsidiaries, joint ventures and employees are not responsible for any and all acts or omissions of users on Landscape Hub. Please use caution, common sense, and practice safe buying and selling when using Landscape Hub.
Landscape Hub is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Landscape Hub does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Landscape Hub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
4. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Landscape Hub, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes; and
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from the Site;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
Landscape Hub’s name, Landscape Hub’s logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of Landscape Hub. You must not use such items without the prior written consent of Landscape Hub.
6. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright(s), you may request removal of those materials (or access thereto) from the Services or the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of Users who are repeat infringers.
7. Site Availability
Landscape Hub reserves the right to withdraw or amend the Site, and any function or material provided on the Site, in its sole discretion without notice. Landscape Hub is not liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, Landscape Hub may restrict access to some parts of the Site, or the entire Site, from the Users.
8. Termination of Account
9. Privacy; Ownership of Data; Publicity
Landscape Hub may review any and all communications that you have with other Users on or through the Site, with or without notice to you. You acknowledge and agree that you have no expectation of privacy concerning the sending or receiving of communications by you when you use the Site or otherwise provide Services to Clients.
Landscape Hub is the sole and exclusive owner of all content, data and information that is submitted by Users on or through the Site (the “Data”). Landscape Hub may use, commercialize or reproduce the Data in any format or venue that Landscape Hub deems appropriate, without compensation to any User(s). No User shall reproduce or otherwise use the Data without Landscape Hub’s express written consent, which may be withheld in Landscape Hub’s sole discretion.
10. Geographic Restrictions
This Site is for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
11. Disclaimer of Warranties
YOUR USE OF THE SITE AND INTERACTIONS WITH OTHER USERS THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LANDSCAPE HUB MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LANDSCAPE HUB NOR ANYONE ASSOCIATED WITH LANDSCAPE HUB REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. LANDSCAPE HUB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability
IN NO EVENT WILL LANDSCAPE HUB BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification; Set-off
14. Governing Law; Jurisdiction; Waiver of Jury Trial
15. Waiver and Severability
16. Entire Agreement
18. Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to email@example.com.