Terms Of Service
This contract constitutes a legal agreement between you, as the visitor using this website (the “Site”) and Fearless Gardener Group Inc. and www.fearlessgardener.info (collectively “Fearless Gardener”).
1. Acceptance of the Terms.
These Terms apply to the entire Site and to any products or services provided on the Site by Fearless Gardener. By using this Site, you declare that you will comply with the Terms of the Site and with all applicable laws.
2. Copyrights and Trademarks.
All the content on this Site that was created, developed, designed or generated by Fearless Gardener (e.g. texts, illustrations, images, codes, trademarks and URLs), as well as the selection, composition and arrangement of such content, are protected by worldwide copyright and either belong to or are licenced to Fearless Gardener. You are strictly prohibited from using the components of the Site, in whole or in part, without Fearless Gardener’s prior written authorization. No licence or right of use is granted to you or may be inferred from your use of this Site. More specifically, unless you obtain Fearless Gardener’s written authorization or you are expressly permitted to do so by the Site’s functionalities, you are prohibited from modifying, copying, distributing, transmitting, broadcasting, reproducing, compiling, arranging or saving Fearless Gardener’s content, or from transferring such content to anyone in any manner whatsoever, including by reproducing or transmitting an excerpt of the content (whether or not accompanied by a hyperlink). You are also prohibited from selling or profiting in any manner from any content, information, software, product or service you might obtain from the Site, and from creating works derived from such content.
3. User Name and Password (where this functionality is available on the Site).
Be sure not to share your account information or password with anyone as this information should be kept confidential. Fearless Gardener is not liable for any unauthorized use of your account, and you accept all liability arising from acts committed by any person using your password. If the confidentiality of your account is compromised, please notify Fearless Gardener at firstname.lastname@example.org as soon as possible so we can help you avoid further fraudulent use of your account. Fearless Gardener is not liable for any loss or damage resulting, in particular, from your failure to comply with the security measures set out in this section. We recommend that you read carefully the LIMITED LIABILITY and INDEMNIFICATION sections of these Terms for a better understanding of the scope of your and our liability with respect to the Site.
4. Use of Online Communication Services (where this functionality is available on the Site).
You represent that all the information you have provided to us when creating your account is true, accurate, up to date and complete and that you have all the required authorizations to provide this information and create this account. You undertake not to create a false identity or provide false information. At all times, you undertake to keep your account up to date and as accurate as possible, and to modify your account information accordingly as soon as any change occurs or you learn that a change has occurred. At no time may you use the Site or its services or create an account for the purpose of misleading us or others.
If you provide information that is false, inaccurate, deceitful, incomplete or otherwise not in compliance with these Terms, Fearless Gardener reserves the right, at its sole and entire discretion, to suspend or cancel your account with or without notice or the possibility of dispute, and to inform the competent authorities of your actions.
5. Illegal Content.
Remember that solely you are responsible for the content you share on the Site and the consequences arising from such content. You may not use the Site or the Site’s services to conduct or send any survey, contest, pyramid scheme or chain letter, or to spam, hack or commit any other act for illegal purposes. It is also forbidden to perform acts that might infringe upon another person’s rights or their enjoyment of the Site and its functionalities. Fearless Gardener reserves the right, at its own discretion, to delete any content uploaded onto this Site. However, this is an option and not an obligation. Therefore, you understand that Fearless Gardener does not make any representation concerning its control of the content on the Site, particularly given the volume of information available and the speed at which data can be transmitted on the service. Fearless Gardener reserves the right to take action against you or any person who does not comply with these Terms, and to inform the competent public authorities of unlawful activities, information or content of which Fearless Gardener is aware.
No defamatory, obscene, violent or racist content is authorized on this Site. No illegal material that violates the intellectual property of others is authorized on this Site. More specifically, but without limitation, no pedophilic or pornographic content or any content inciting crime, violence, hatred, racism, anti-Semitism, xenophobia, homophobia or praising war crimes or crimes against humanity is permitted. No content, by its nature or its form, may incite discrimination against a person, a group of persons or a family based on ethnicity, religion or race, nor may the content denigrate or defame a third party or impair the reputation, privacy or image of a third party.
6. Safety of Children and Teenagers on the Internet.
Safety of children and teenagers on the internet: An ever growing number of children and teenagers use the internet and they derive many obvious benefits from such use. However, as with any other environment, they can become the targets of crime or exploitation because they are more vulnerable. This is why we recommend that you monitor the use of the internet by your children, teenagers and any other person in your custody or care, and that you offer them common-sense safety tips and recommendations. Such measures often prevent them from being exposed to offensive data and from becoming the victims of harassment or other criminal acts. To reduce the risks of exposure of your children, teenagers and any other person in your custody to such elements, perform reasonable supervision of their use of your internet service. Your children, teenagers and any person in your custody or care should be aware that they must never disclose Personal Information or otherwise identify themselves, particularly in forums or chat rooms, by email, on an electronic bulletin board, on a blog, on a micro-blog or on any page of any website. It is important that they be encouraged to disclose their concerns to you if they receive messages that make them uncomfortable or shock them. These recommendations will help them browse the internet as informed users and will allow you to ensure that these services help to enrich their development.
7. Network Security and Efficiency.
Fearless Gardener does not guarantee the total efficiency or security of the Site. Despite Fearless Gardener’s security efforts, it is possible that a hacker might succeed in penetrating the server. It is therefore important to bear in mind, BEFORE YOU REGISTER OR USE YOUR ACCOUNT (IF APPLICABLE) and BEFORE BROWSING THE SITE that it is possible that ill-intentioned individuals will access the Site’s servers and use certain information for their own purposes. IN NO EVENT may Fearless Gardener or any of its directors, officers, employees or agents be held liable for the acts of computer hacking or any damage or loss that this might cause you.
The Site may undergo occasional outages or certain programming errors caused by updates or certain events beyond Fearless Gardener’s control. Neither Fearless Gardener nor its directors, officers, employees or agents may be held liable for your inability to browse, use or access the Site at any time for any reason (e.g. defective telephone line, incompatible modem, broken cable, inadequate configuration, incorrect browser). Moreover, Fearless Gardener reserves the right to maintain and update the Site at all times, which may result in the temporary unavailability of the Site or its services.
8. External Links.
Fearless Gardener or a third party may provide a link on the Site to other websites or sources. Fearless Gardener cannot control these other websites and sources and does not warrant or guarantee their availability or functionality. Fearless Gardener does not endorse or approve the content on these websites or sources, and it disclaims all liability and warranties in connection with such content. Fearless Gardener reserves the right to insert or authorize advertisements on the Site, which may result in links to other websites. At no time does Fearless Gardener approve nor is Fearless Gardener responsible for the ideas, opinions, products, services or, more generally, the content conveyed on such other websites.
9. Limited Liability.
Fearless Gardener, its parent companies, subsidiaries and affiliates are in no way liable for damages, including compensatory, direct or indirect damages, or any other damages of any nature whatsoever that may have been caused to you or to any other legal or natural person resulting from advice, notifications, opinions, recommendations or information obtained on the Site, from any technology whatsoever on the Site, or from any human or technical error that may occur at any stage whatsoever, from technical problems or defects of the electronic network or the communications network, online computer systems, servers, IT equipment, software, data transmissions or any other technical or congestion problem on the Site. Fearless Gardener may not be held liable for the loss of all or part of the content, including during upload, alteration or modification of the content by Fearless Gardener, you or third parties. Fearless Gardener does not guarantee any traffic on the Site. Moreover, guardians, parents and other persons with parental authority remain responsible at all times for the health, welfare, monitoring, supervision and education of the minor or any other person in their custody. You are solely and entirely responsible for all content you generate and upload on the Site, if applicable. Fearless Gardener is not liable for fraudulent or malicious use of the Site and its service.
Fearless Gardener is not liable for the content and actions generated by you or third parties on the Site or in relation to the Site. You accept that you are solely and exclusively responsible for your content and you acknowledge that you have produced it knowingly. Fearless Gardener is not liable for any breach of the Terms by or with you or a third party. Moreover, the Site and Fearless Gardener, its directors, representatives, officers, employees, agents or mandataries in no way endorse your comments, content, intentions or the opinions or those of third parties. You will indemnify and defend Fearless Gardener and its subsidiaries, parent company, officers, agents and employees in the event that a lawsuit is instituted against Fearless Gardener in connection with a violation of these Terms by you or any person who has access to your account.
11. Force Majeure.
Fearless Gardener is not liable, without limitation, for any delay, non-performance, interruption, suspension, reduction or disruption, in whole or in part, of the Site or Fearless Gardener’s obligations hereunder, nor for any damages or losses you might suffer resulting from any event beyond Fearless Gardener’s reasonable control (a force majeure), including lock-outs and strikes.
12. Applicable Law and Amendments.
This contract is governed by the laws of the Province of British Columbia. You hereby acknowledge that any dispute arising from or related to the use of the Site will be subject to the jurisdiction of the courts of the District of Vancouver in the Province of British Columbia.
These Terms may be amended by Fearless Gardener at any time, including to reflect any changes made to the Site, such as the addition, modification or removal of certain conditions, elements and functionalities of the Site in light of technical upgrades and legislative amendments. These amendments will come into effect immediately after being published in the Terms. You should therefore check these Terms regularly because using the Site means you accept the Terms in their entirety and all subsequent amendments that Fearless Gardener might make from time to time. If you do not agree to these Terms, you should abstain from using the Site, creating an account (if such functionality exists) or contributing to the Site (if such functionality exists) and, in the event you disagree with any amendment of the Terms, you undertake to delete your account completely as soon as possible and not to browse on the Site any longer.
With respect to the Fearless Gardener Sports application and Fearless Gardener.