1. ACCEPTANCE OF TERMS
Welcome to Lawn & Garden Media Solutions, LLC ("Lawn & Garden Media Solutions"
or "Company"). By using the services available from the domain and
sub-domains of
www.lawnandgardenmedia.com (the "Site") you are agreeing to the following
Terms of Service (TOS), which may be updated by us from time to time without
notice to you, with Lawn & Garden Media Solutions, LLC and the general
principles for the web sites of our subsidiaries and international affiliates.
You can review the most current version of the TOS at any time at:
http://www.lawnandgardenmedia.com/Facebook-tos.html. In addition, when using
Lawn & Garden Media Solutions, you and Lawn & Garden Media Solutions shall be
subject to any guidelines or rules applicable that may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
TOS. If you have any questions, please refer to the Contact section on the Site
for email contact information.
You will not hold Lawn & Garden Media Solutions responsible for other users'
(including event holders', promoters', and resellers') content, actions or
inactions. You acknowledge that we have no control over and do not guarantee the
quality, safety or legality of events advertised, the truth or accuracy of
users' content, listings, or ability to perform, or actually complete a
transaction.
2. DESCRIPTION OF SERVICES
Lawn & Garden Media Solutions provides a simple and quick means for media
postings (Lawn & Garden Media Solutions collect posting fees for their digital
magazine online through Facebook and the Lawn & Garden Media Solutions website.
Media contributors can come to the Lawn & Garden Media Solutions Facebook
Application and create their posting. Payments for the postings are all
transacted through PayPal. As used herein, "Customers" means Lawn & Garden Media
Solutions media contributors ("Contributors").
3. PAYMENT PROCESSING INFORMATION
PayPal is the only payment processing option at this time to collect contibution
fees.
- When transacting through PayPal it is necessary that Lawn & Garden Media
Solutions paying Customers transact through PayPal, and be subject to the
applicable PayPal Legal Agreements. For more information, please see
http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/ua-outside.
Lawn & Garden Media Solutions is not affiliated with PayPal, and neither is the
agent or employee of the other, and neither is responsible in any way for the
actions or performance (or lack thereof) of the other. The same is true with
respect to Lawn & Garden Media Solutions on the one hand and Lawn & Garden Media
Solutions Customers and their customers on the other hand. To the extent that
the SERVICE is rendered in conjunction with any other provider of services, the
same shall also be true, namely that to the extent that a user of the SERVICE
hereunder does so in conjunction with the services of another service provider,
such user will be subject to the other service provider's terms of service, and
neither Lawn & Garden Media Solutions or the other service provider will be
considered the agent or employee of the other, and neither will be responsible
in any way for the actions or performance (or lack thereof) of the other. The
terms of this TOS shall not in any way supersede the terms of any other service
provider, nor shall the terms of service of any other service provider supersede
the terms of this TOS with respect to the SERVICE.
- Lawn & Garden Media Solutions collects all contribution fees from the
Contributor.
4. FURTHER SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance the
Service, shall be subject to the TOS. You understand and agree that the Service
is provided AS-IS and that Lawn & Garden Media Solutions assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service registration form (such information being the Registration Data) and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Lawn & Garden Media Solutions has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Lawn & Garden Media Solutions has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
portion thereof). Lawn & Garden Media Solutions is concerned about the safety
and privacy of all its users, particularly children. For this reason, and to be
consistent with PayPal's User Agreement (https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside),
you must be at least 18 years of age to register for an account. If you are
under the age of 18, you hereby represent that you are using the Service with
the consent of your parent or guardian (Guardian), and that said Guardian is at
least 18 years old, is the legal Guardian of the person listed on the Lawn &
Garden Media Solutions account, and that said Guardian has expressly given
permission to access the Service.
6. ACCOUNT, PASSWORD AND SECURITY
Since Lawn & Garden Media Solutions is a Facebook Application currently, you
will create a password and account during the Facebook registration process. You
are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Lawn & Garden Media Solutions of
any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. Lawn & Garden Media Solutions cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section.
7. CONDUCT
In using the Lawn & Garden Media Solutions Services, you understand that you are
liable for all information, in whatever form, (Information) you make available
to your customers. You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Information
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an Lawn &
Garden Media Solutions representative, forum leader, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Information transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Information
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Information
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation, except in those areas that
are designated for such purpose and within the scope of such designation;
h. upload, post, email, transmit or otherwise make available any material 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;
i. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law; or
k. stalk or otherwise harass another.
l. post content or items in an inappropriate category or areas on the Site
m. violate any laws, third party rights, or our policies
n. use the Site if you are not able to form legally binding contracts, or you
are under the age of 18; or are temporarily or indefinitely suspended from our
Site
o. circumvent or manipulate our software and websites, or utilize software or
methods that would provide a user with an unfair advantage, or attempt to tamper
with or undermine the integrity or fairness of applications on the site
p. post false, inaccurate, misleading, defamatory, or libelous content
(including personal information)
q. distribute viruses or any other technologies that may harm Lawn & Garden
Media Solutions, or the interests or property of Lawn & Garden Media Solutions
users
r. copy, modify, or distribute content from the Site and Lawn & Garden Media
Solutions's copyrights and trademarks; or
s. harvest or otherwise collect information about users, including email
addresses, without their consent.
You acknowledge that Lawn & Garden Media Solutions does not pre-screen any
Content working in coordination with the Service, but that Lawn & Garden Media
Solutions and its designees shall have the right (but not the obligation) in
their sole discretion to rescind use of the Service. You acknowledge and agree
that Lawn & Garden Media Solutions may preserve Information and may also
disclose Information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Information
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Lawn & Garden Media Solutions, its users and/or the public.
You understand that the technical processing and transmission of the Service,
including your Information, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Information. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
9. INDEMNITY
You agree to indemnify and hold Lawn & Garden Media Solutions, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Information you submit,
post, transmit or make available through the Services, your use of the Services,
your connection to the Services, your violation of the TOS, or your violation of
any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service, other than as provided within the scope of the Service.
11. MODIFICATIONS TO SERVICE
Lawn & Garden Media Solutions reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. Lawn & Garden Media Solutions will not be
responsible to you for refund, in whole or part, of service fees for any reason.
You agree that Lawn & Garden Media Solutions shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
12. TERMINATION
You agree that Lawn & Garden Media Solutions, in its sole discretion, may
terminate your account (or any part thereof) or use of the Service, and remove
and discard any Information within the Service, for any reason, including,
without limitation, for lack of use, failure to timely pay any fees or other
moneys due Lawn & Garden Media Solutions, or if Lawn & Garden Media Solutions
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. Lawn & Garden Media Solutions may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that Lawn & Garden Media Solutions may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that Lawn & Garden Media Solutions shall not be liable to you or any
third-party for any termination of your access to the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Lawn & Garden Media Solutions has no control
over such sites and resources, you acknowledge and agree that Lawn & Garden
Media Solutions is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Lawn & Garden Media
Solutions 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 use of or
reliance on any such content, goods or services available on or through any such
site or resource.
14. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service (Software) contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that information presented to you
through the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
Lawn & Garden Media Solutions, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part. Lawn & Garden Media Solutions grants you a personal,
non-transferable and non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to access
the Services by any means other than through the interface that is provided by
Lawn & Garden Media Solutions for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
AS IS AND AS AVAILABLE BASIS. LAWN & GARDEN MEDIA SOLUTIONS 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. LAWN & GARDEN MEDIA SOLUTIONS 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, AND (v) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAWN
& GARDEN MEDIA SOLUTIONS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LAWN & GARDEN MEDIA SOLUTIONS 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 LAWN & GARDEN MEDIA
SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR
LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE
TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
THE LIABILITY, AND (B) $100.
18. RELEASE
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU
ARE A FLORIDA RESIDENT, YOU WAIVE FLORIDA CIVIL CODE 1542, WHICH SAYS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service. Our mailing address
is Lawn & Garden Media Solutions, LLC, 4905 34th Street South #286, St
Petersburg, FL 33711, USA.
20. TRADEMARK INFORMATION
Lawn & Garden Media Solutions, trademarks and service marks, and other Lawn &
Garden Media Solutions logos and product and service names are owned by and /or
trademarks of Lawn & Garden Media Solutions (the Lawn & Garden Media Solutions
Marks). Without Lawn & Garden Media Solutions's prior permission, you agree not
to display or use in any manner, the Lawn & Garden Media Solutions Marks.
21. RESOLUTION AND DISPUTES
If a dispute arises between you and Lawn & Garden Media Solutions, our goal is
to provide you with a neutral and cost effective means of resolving the dispute
quickly. Accordingly, you and Lawn & Garden Media Solutions agree that we will
resolve any claim or controversy at law or equity that arises out of this
Agreement or our services (a "Claim") in accordance with one of the subsections
below or as we and you otherwise agree in writing. Before resorting to these
alternatives, we strongly encourage you to first contact us directly to seek a
resolution by contacting us at 4905 34th Street South #286, St Petersburg, FL
33711. We will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation or arbitration, as
alternatives to litigation. The TOS constitutes the entire agreement between you
and Lawn & Garden Media Solutions and governs your use of the Service,
superseding any prior agreements between you and Lawn & Garden Media Solutions.
You also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party Information or third-party software.
A. Law and Forum for Disputes - This Agreement shall be governed in all
respects by the laws of the State of Florida as they apply to agreements entered
into and to be performed entirely within Florida between Florida residents,
without regard to conflict of law provisions. You agree that any claim or
dispute you may have against Lawn & Garden Media Solutions must be resolved by a
court located in Pinellas County, Florida, except as otherwise agreed by the
parties or as described in the Arbitration Option paragraph below. You agree to
submit to the personal jurisdiction of the courts located within Pinellas
County, Florida for the purpose of litigating all such claims or disputes.
B. Arbitration Option - Any controversy or claim arising out of or
relating to the TOS or the provision of Service shall be finally settled by
binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in St Petersburg, Florida, and judgment on the arbitration
award may be entered in any court having jurisdiction thereof. However, you and
Lawn & Garden Media Solutions agree to submit to the personal jurisdiction of
the courts located within the city and county of St Petersburg, Florida. Either
you or Lawn & Garden Media Solutions may seek any interim or preliminary relief
from a court of competent jurisdiction in St Petersburg, Florida necessary to
protect the rights or property of you or Lawn & Garden Media Solutions (or its
agents, suppliers, and subcontractors) pending the completion of arbitration.
C. Improperly Filed Claims - All claims you bring against Lawn & Garden
Media Solutions must be resolved in accordance with this Resolution of Disputes
Section. All claims filed or brought contrary to the Resolution of Disputes
Section shall be considered improperly filed. Should you file a claim contrary
to the Resolution of Disputes Section, Lawn & Garden Media Solutions may recover
attorneys' fees and costs up to $1000, provided that Lawn & Garden Media
Solutions has notified you in writing of the improperly filed claim, and you
have failed to promptly withdraw the claim.
23. VIOLATIONS
Please email any violations of the TOS through
info@lawnandgardenmedia.com.
24. LAWN & GARDEN MEDIA SOLUTIONS PRIVACY POLICY
Collecting Information
Lawn & Garden Media Solutions collects "Personal" information when you add the
Lawn & Garden Media Solutions Facebook Application.
"Personal" information is gathered during the application installation and
loading process and provides us with information so that you can be verified for
events, and so you can be contacted for any event updates, or if you have
instructed us to provide you with an opt-in promotional offer. You are asked
from time to time to update your Personal information to insure it is accurate.
We do not share Personal information with third parties interested in e-mailing,
direct mailing, or calling you, or sending you promotional offer e-mails,
without your consent.
Here's the information we gather:
- Facebook Profile information such as your profile picture, name, location,
friends, friend's name, and friend's profile picture. This information is used
to better your user experience with the application.
- PayPal email. When you purchase a seat the PayPal transaction is tracked in our
system to verify payment. We log this email as part of our process to handle
any disputes that may occur. We will only contact you through this email if we
cannot reach you through Facebook for any payment disputes.
- We may retain email communications sent by you to process your requests and
improve our services.
Choices for Personal and Profile Information
Unless we obtain your prior consent, we will not collect or use Personal
information for any purposes other than those outlined in this policy. No
personally-identifiable information (name, address, telephone number and e-mail
address) is collected from you unless you provide it to us voluntarily, as a
condition of using Lawn & Garden Media Solutions. People who request information
from Lawn & Garden Media Solutions are added to our database.
With whom is information shared?
Unless otherwise noted herein, Lawn & Garden Media Solutions does not share
Personal information with anyone outside of the event or special
offers, without prior consent. We may, however, release specific Personal
information to the proper persons when we believe, in good faith, that it is
necessary to: a) comply with a law or legal process, b) protect the rights,
property or safety of Lawn & Garden Media Solutions or other persons or
entities, c) detect, prevent, or otherwise address fraud, security or technical
issues.
Why your information is secure.
We take appropriate security measures to protect against unauthorized access to
or destruction of data. These include internal reviews of our data collection
system and physical security measures to guard against unauthorized access. We
take steps to securely store personal information that is submitted to Lawn &
Garden Media Solutions via the web site. Please know that, despite our best
efforts, no security measures are perfect or impenetrable.
Accessing and updating personal information
Lawn & Garden Media Solutions makes good faith efforts to provide you with
access to your personal information and to correct this data if it is inaccurate
or to delete it at your request, providing the data is not required to be
retained by law or for legitimate business purposes. Lawn & Garden Media
Solutions may decline to process requests that jeopardize the privacy of others
or are extremely impractical (for instance, requests concerning information
residing on backup tapes).
Outside Sponsors
In some instances, Offers are made on our site by advertisers denoted as
"Outside Sponsors." In instances where you have requested information relative
to a product offer advertised on Lawn & Garden Media Solutions by an Outside
Sponsor (such as by affirmatively responding to the related "Ad Survey" Offer
query, or by clicking on an ad banner), RD will place the words "Outside
Sponsor" in front of the description of the Offer, within the Deal Locker. When
you affirm your interest in obtaining more information concerning an Outside
Sponsor Offer, by clicking on the Offer from within the Deal Locker, RD may
forward your Personal Information to the Outside Sponsor for the purposes of
pre-populating an Offer order form within a new window, which will hosted by the
Outside Sponsor. You will then be governed by the Outside Sponsor's Privacy
Policy, which will be available for review within the Outside Sponsor's site.
Generally, Outside Sponsors are not authorized to utilize your Personal
Information unless you subsequently accept their privacy Policy or accepted
their offer by clicking "Submit," but please review the Outside Sponsor's
Privacy Policy as this will be the final determination. Should you elect to
delete an offer, or not complete an Offer order form within the Outside
Sponsor's site, the Outside Sponsor should not retain your Personal Information.
How to delete your contact information
If you have submitted personally identifiable information to us and would like
that information deleted from our records, please send an email to:
info@lawnandgardenmedia.com. We
will use reasonable efforts to delete this information from our files; your
registration will be invalidated thereafter. To protect against false
registration and compromising of our event engine, Lawn & Garden Media Solutions
reserves the right to limit registrations to users on a one-time-only basis.
Tracking Sessions
Lawn & Garden Media Solutions uses cookies and session variables for the purpose
of establishing user sessions. Lawn & Garden Media Solutions does not use
cookies for the collection of personal information of any kind.
E-Mail Addresses
We never rent or sell your name and e-mail address to other marketers.
Mailing Lists
Lawn & Garden Media Solutions may add your address to our postal and email
mailing list to let you know about Lawn & Garden Media Solutions product
availability and promotions. You have the option of removing your contact
information from our 4905 34th Street South #286, St Petersburg, FL 33711
mailing list by emailing us at
info@lawnandgardenmedia.com or writing to Lawn & Garden Media Solutions,
LLC, 4905 34th Street South #286, St Petersburg, FL 33711, USA.
External Sites
Lawn & Garden Media Solutions may place advertisements or other promotional
offers from select companies on our website or in our emails. These businesses,
such as Outside Sponsors, generally operate independently from Lawn & Garden
Media Solutions. Any personal information that is given to them by you is at
your option and is no longer controlled by our privacy policy. We encourage you
to read these businesses' privacy policies, if you should have any concerns
about how they will care for your personal data.
Children's Online Privacy Protection Act (COPPA)
Lawn & Garden Media Solutions is a website directed to the general public. We do
not knowingly collect information from people under the age of 15.
Consent
By using Lawn & Garden Media Solutions and providing us with your personal
information, you are accepting the privacy practices described in this policy
statement.
Changes to our Privacy Policy
We may update our Privacy Policy from time to time. Please check back here
periodically. You will always find the latest version posted here. Updates to
our Privacy Policy that would affect how we treat your Personal information will
not apply to information collected before we made the update, unless we first
obtain your consent. Each version of this Policy will be identified at the top
of the page by its effective date, and we will also keep prior versions of this
Privacy Policy in an archive for your review. Please note that because a
customer information database is customarily considered a business asset, Lawn &
Garden Media Solutions shall have the right to transfer it in a merger or sale
of some or all of its company or in an action for bankruptcy. Your information
will continue to be treated in accordance with this Privacy Policy by the
acquiring or merged company unless you are notified and provided an opportunity
to opt out of any changes.
Enforcement
Lawn & Garden Media Solutions regularly reviews its compliance with its Privacy
Policy. If we receive written complaints, we will contact the writer about his
or her concerns. We will cooperate with the appropriate authorities to resolve
complaints about the transfer of personal data that cannot be resolved between
Lawn & Garden Media Solutions and an individual.
Your Florida Privacy Rights
Beginning on January 1, 2005, Florida Civil Code Section 1798.83 permits
customers of Lawn & Garden Media Solutions, LLC who are Florida residents to
request certain information regarding our disclosure of personal information for
direct marketing purposes. To make such a request, please send an e-mail to
info@lawnandgardenmedia.com, or
write us at: Lawn & Garden Media Solutions, LLC, 4905 34th Street South #286, St
Petersburg, FL 33711.
Comments
If you have any questions or comments about our Privacy Policy, please send us
an e-mail at
info@lawnandgardenmedia.com or contact us at: Policy Query, Lawn & Garden
Media Solutions, LLC, 4905 34th Street South #286, St Petersburg, FL 33711.
25. CONTRIBUTOR AND SPONSOR TERMS
These provisions are a part of Lawn & Garden Media Solutions's Terms of Service
("TOS") and all are applicable to the following contributions and ad programs to
the extent relevant. Lawn & Garden Media Solutions reserves the absolute right
to determine such relevance.
a. Lawn & Garden Media Solutions does not screen or investigate in any way its
Customers to determine their ability, bona fides or willingness to perform the
obligations that may be undertaken pursuant to this program. The Parties need to
resolve all questions between themselves. Lawn & Garden Media Solutions makes no
representations and gives no assurances that sponsors and contributors will
perform.
d. Lawn & Garden Media Solutions will not settle, mediate or otherwise assume
responsibility for resolving disputes between contributtors and /or sponsors.
e. Lawn & Garden Media Solutions assumes no liability arising from the use or
misuse of the software, or in the event that the software fails to operate as
expected, even if such failure results in the loss of data or in the
misrepresentation of data necessary for the parties to fulfill commitments
entered into using the software.