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1. Acceptance of Terms
Cosmic Gardening provides the Seed Exchange, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by Cosmic Gardening from time to time. Cosmic Gardening will provide notice of materially significant changes to the Term by posting notice on the Cosmic Gardening website. You can review the most current version of the Terms at: http://www.cosmicgardening.com/page.php?area=terms . By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using the Service, you agree to abide by any applicable posted guidelines for the Service, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Cosmic Gardening in any way, your only recourse is to immediately discontinue use of Cosmic Gardening.
2. Content
You understand that all postings, text, or other materials ("Content") posted on or transmitted through the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Cosmic Gardening does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Cosmic Gardening site and Content available through the Service may contain links to other websites, which are completely independent of Cosmic Gardening. Cosmic Gardening makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Cosmic Gardening be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Cosmic Gardening does not pre-screen or approve Content, but that Cosmic Gardening shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
Cosmic Gardening has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.cosmicgardening.com/page.php?area=privacy. Your use of the Cosmic Gardening website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Cosmic Gardening may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Cosmic Gardening, its users or the general public.
4. Conduct
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another`s privacy, or harms minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, a Cosmic Gardening employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person`s explicit consent.
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Cosmic Gardening sites which are not designated for such purposes; or (2) emailed to Cosmic Gardening users who have requested not to be contacted about other services, products or commercial interests.
that constitutes posting essentially the same item or service to more than two classified categories or forums, or to more than two separate metropolitan areas.
that includes links to commercial services or web sites, except as allowed in "small business ads".
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law - a partial list of these is provided for your convenience
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users` ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harrass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
purposefully post Content in a irrevelant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
attempt to gain unauthorized access to Cosmic Gardening`s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Cosmic Gardening website.
7. Limitations on service
You acknowledge that Cosmic Gardening may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Cosmic Gardening has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Cosmic Gardening reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Cosmic Gardening shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Cosmic Gardening shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Cosmic Gardening is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Cosmic Gardening, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.