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Terms & Conditions

TERMS & CONDITIONS

 

Last updated May 10, 2023

 

Getting Grown, LLC and/or affiliate entities under the Getting Grown umbrella operates the Getting Grown website (“Website”), mobile application (“App”), and related services (together with the Website and App, the “Service”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by the Terms and Conditions of Service (“Terms and Conditions”). These Terms and Conditions include any future modifications. Getting Grown reserves the right to amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least seven days after the changes are posted. Any revisions to these Terms and Conditions will become effective either (i) at the end of the seven-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

 

Because some financial teachings are more comprehensible to certain ages, and because some career perspectives may include example topics like alcohol with respect to sommeliers, Getting Grown is designed and intended for ages 18 and older.

 

Abdication of Financial and Career Affliction:

 

Getting Grown provides methods of education, with regard to financial and career literacy. Some of these methods include courses, stories, social media postings about socioeconomic inequities among others, and intended explications about pecuniary and career andragogy. Getting Grown denies responsibility for financial and career adversities arising from gameplay, social media posts, or any other form of service. By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by the Abdication of Financial and Career Affliction clause in the Terms and Conditions of Service (“Terms and Conditions”).

 

Intellectual Property Rights:

 

Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, “Contributions”) on the Application as well as (“The Marks”) trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Contributions or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.

 

Website and Service:

 

Getting Grown’s Service allows users to access and use a variety of gaming and educational services, including but not limited to learning or practicing a skill. Getting Grown may update, change, suspend, make improvements, or discontinue any aspect of the Service, temporarily or permanently, at its sole discretion and at any time.

 

Additional Terms:

 

You are responsible for your use of the Service and for any use of the Service made using your account. Getting Grown aims to create a positive, useful, and safe user experience. To promote this goal, certain conduct is prohibited that may be harmful to other users or to us. When you use the Service, you must comply with these Guidelines.

 

Some of Getting Grown’s Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

 

Registration:

 

In connection with registering for and using the Service, you agree (i) to provide accurate, current, and complete information about yourself and/or your organization as requested by Getting Grown; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Getting Grown to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

 

Your Representations and Warranties:

 

You represent and warrant to Getting Grown that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction. This includes those regarding online conduct or acceptable content and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

 

You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

 

Submission of Content:

 

By submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, art, or other materials (collectively, “Content”) to Getting Grown, you grant us a full-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content. You also acknowledge that this license cannot be terminated by you once your Content is submitted to Getting Grown. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Getting Grown, and others as described and otherwise contemplated in these Terms and Conditions. Please note that other users will have access to the Content and that neither they nor Getting Grown have any obligation to maintain the confidentiality of the Content.

 

You agree that you will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Getting Grown's sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Getting Grown or its users to any harm or liability of any kind; or (iii) violates Getting Grown's Community Guidelines.

 

Indemnification of Getting Grown:

 

You agree to defend, indemnify and hold harmless Getting Grown and its directors, officers, employees, contractors, freelancers, agents, suppliers, licensors, successors, and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any Content provided by you is inaccurate, inappropriate, or defective in any way whatsoever.

 

License to Apps:

 

Subject to the terms of these Terms and Conditions, Getting Grown grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Getting Grown and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.

 

Use License:

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If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices:

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The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

 

In-App Purchases:

 

By using our Service, you can purchase auto-renewing periodic subscriptions that will be continuously billed until you terminate them. After your initial subscription period and subsequent periods, your subscription will automatically renew for an equivalent period. If you want to terminate your subscription or change it to a non-renewing subscription, you will need to log in to your Getting Grown account and follow the instructions.

 

Additionally, you can purchase virtual items through our Service with real-world money. These virtual items include virtual currency and virtual in-app items that are solely for use in our Service. Getting Grown reserves the right to manage, regulate, control, modify, or eliminate virtual items with or without notice. We may update the pricing of virtual items and add new virtual items for additional fees without any liability to you or any third party. You are not allowed to sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Getting Grown, another user, or any third party, except where expressly authorized in the Service and/or with the permission of Getting Grown.

 

You are responsible for paying all fees and applicable taxes incurred by you or anyone using a Getting Grown account registered to you. We may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases or transactions.

 

Social Media:

 

As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account

 

Payment Processors:

 

All financial transactions made in connection with the Service will be processed by a third-party payment processor in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will Getting Grown be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

 

Refund Policy:

 

All payments on our Service are nonrefundable, including virtual items and partially used membership periods. However, Getting Grown may grant refunds or credits on a case-by-case basis at our sole discretion. Our grant of a refund or credit in one instance does not obligate us to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid Getting Grown service, you will continue to have access to the service through the end of your current billing period.

 

Third-Party Links, Sites, and Services:

 

Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Getting Grown. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Getting Grown, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Getting Grown shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

 

Our Service may also include advertisements that may be targeted to the content or information on our Service or other information. The types and extent of advertising by Getting Grown on the Service are subject to change. By using our Service, you agree that Getting Grown and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

 

NO REPRESENTATIONS OR WARRANTIES BY GETTING GROWN

Getting Grown provides its services, including all images, audio files, and other content, as well as any other information, property, and rights granted or provided to you by Getting Grown, "AS IS." Getting Grown and its suppliers make no representations or warranties of any kind, whether express or implied, with respect to the service, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the foregoing, Getting Grown does not make any representation or warranty of any kind relating to the accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions, scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GETTING GROWN BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES, OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES, OR OTHER PROPERTY, EVEN IF GETTING GROWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETTING GROWN'S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GETTING GROWN FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

You understand and agree that Getting Grown has set its prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between the parties.
 

TERMINATION

Getting Grown may terminate your access and use of the service immediately at any time, for any reason, and at such time you will have no further right to use the service. You may terminate your Getting Grown account at any time by following the instructions available through the service. All sections of these Terms and Conditions shall survive any termination.

 

PROPRIETARY RIGHTS

All content available through the service, including designs, text, graphics, images, information, software, audio, and other files, and their selection and arrangement ("Service Content"), are the proprietary property of Getting Grown or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.

 

If you are a copyright owner and believe that material available through Getting Grown infringes upon your copyrights, you may submit a copyright infringement notification to Getting Grown. This notification should include the following information:

 

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Service;

  • Your address, telephone number, and email address;

  • 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

  • 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 are authorized to act on the copyright owner's behalf.

  • If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to Getting Grown containing the following information:

 

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the judicial district in which you reside, or if you reside outside of the United States, then of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

Getting Grown's Agent for Notice of claims of copyright infringement can be reached as follows:

 

By mail: 1733 H ST, STE 450-561, BLAINE, WA USA 98230

By email: legal@gettinggrown.com

 

Governing Law:

 

These Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Washington, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

 

Subject to applicable laws, any dispute or claim arising out of or relating to these Terms and Conditions or the Service shall be resolved through binding arbitration, conducted in the English language in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Seattle, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall equally share all AAA fees, costs, and expenses associated with the arbitration.

 

Dispute Resolution & Arbitration:

 

If you have a dispute or claim relating to the Getting Grown service or these terms and conditions that seek monetary relief, you must resolve it through binding arbitration on an individual basis, as outlined in this section.

 

Before initiating arbitration, the party seeking arbitration (the "Claimant") must send a written Notice of Claim to the other party (the "Respondent") by email or USPS Certified Mail. The Notice must include the Claimant's name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties must engage in at least one good-faith settlement conference by telephone or video conference. Both parties may bring counsel to this conference, and an individual party must be personally present while an entity party must be present through an employee with settlement authority. Arbitration will only be initiated if no settlement can be reached at the conference.

 

The arbitration will be conducted by a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (AAA Rules) and the provisions of this section. If the AAA is unavailable to conduct the arbitration, the parties shall arbitrate through another mutually agreed-upon organization or on an ad hoc basis according to the rules in this section. The arbitration will be conducted in English.

 

If the dispute is within the jurisdiction of a small claims court, either party may choose to have the case heard in that court on an individual basis instead of arbitration.

 

If twenty-five (25) or more similar demands for arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA's Supplementary Rules for Multiple Case Filings shall apply. There will be no class or collective arbitration, or joinder of claims, except as provided for in the AAA's Supplementary Rules for Multiple Case Filings.

 

If you are an individual and do not want to arbitrate disputes with Getting Grown, you may opt out of this arbitration agreement by sending an email to legal@gettinggrown.com within 30 days of the day you first access or use the service.

 

Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.

 

Prohibited Activities:

 

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Application, you agree not to:

  • Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Application to advertise or offer to sell goods and services.

  • Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.

  • Engage in unauthorized framing of or linking to the Application.

  • Trick, defraud, or mislead Getting Grown, LLC (“us”) and other users, especially in any attempt to learn sensitive account information such as user passwords;

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.

  • Attempt to impersonate another user or person or use the username of another user.

  • Sell or otherwise transfer your profile.

  • Use any information obtained from the Application in order to harass, abuse, or harm another person.

  • Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.

  • Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Copy or adapt theApplication’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software. (Except the result of standard search engine or Internet browser usage).

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.

  • Use the Application in a manner inconsistent with any applicable laws or regulations.

 

User-Generated Contributions:

 

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

 

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  • Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

  • Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

 

Contribution License:

 

By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

Guidelines For Reviews:

 

We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

Language:

 

These terms and conditions are written in English (US). If any translated version of this agreement conflicts with the English version, the English version dominates.

 

California Resident:

 

If you are a California resident, you can report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210, in accordance with Cal. Civ. Code § 1789.3.

 

Additional Terms for International Android Users:

 

These terms and conditions are a contract between you and Getting Grown, Inc., a Washington LLC in the United States. All paid Getting Grown services are developed and operated in the United States. By purchasing or subscribing to a paid Getting Grown service, you agree that you are buying an offshore service based in the United States.

 

Miscellaneous:

 

This agreement between Getting Grown and you constitutes the entire understanding between the parties regarding the subject matter discussed herein. If any provision of this agreement is found to be unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary to ensure that this agreement remains in full force and effect. The waiver of any provision of this agreement or any breach thereof by Getting Grown or you in any one instance shall not constitute a waiver of any other provision or subsequent breach. Getting Grown reserves the right to assign its rights or obligations under this agreement without any conditions. This agreement shall be binding upon and inure to the benefit of Getting Grown, you, and their respective successors and assigns.

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