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Welcome to RaiseATree.com, the next generation social networking site where members can stay in touch with their friends alongside competing against their friends to grow virtual trees. RaiseATree.com is operated by Raise A Tree Ltd. ('Raise A Tree'). By using the Raise A Tree Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service’s effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
You must be 13 years or older to use the Raise A Tree Service. By registering for the Raise A Tree Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a RaiseATree.com member ('Member'). As part of the registration process, you will be asked to enter your e-mail address (‘Username’) and password and you will be responsible for all activities occurring under your Username and for keeping your password secure. We may refuse to grant you a Username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
The Raise A Tree Service is made available for your personal, non-commercial use only. You may not use the Raise A Tree Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the RaiseATree.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Raise A Tree have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Raise A Tree Service.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Raise A Tree Service. By way of example, and not as a limitation, you agree NOT to:
Raise A Tree does not claim any ownership rights in any Materials that you submit, post, or display on or through the Raise A Tree Services or on the RaiseATree.com Web site. After submitting, posting or displaying Materials on or through the Raise A Tree Services or on the RaiseATree.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Raise A Tree Service, you hereby grant to Raise A Tree a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials (and all components or underlying works making up the Materials) solely on and through the Raise A Tree Service.
Without this license, Raise A Tree would be unable to provide the Raise A Tree Service. For example, without the right to modify your Materials, Raise A Tree would not be able to digitally compress picture files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Raise A Tree could not allow users and Members to view photos posted by Members. The license you grant to Raise A Tree is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Raise A Tree), fully-paid and royalty-free (meaning that Raise A Tree is not required to pay you for the use on the Raise A Tree Service of the Materials that you post), sub-licensable (so that Raise A Tree is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Raise A Tree Service), and worldwide (because the Internet and the Raise A Tree Service are global in reach). This license will terminate at the time you remove your Materials from the Raise A Tree Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Raise A Tree Service, Raise A Tree reserves the right to remove all of your Materials from other Member's pages. The license does not grant Raise A Tree the right to sell your Materials, nor does the license grant Raise A Tree the right to distribute your Materials outside of the Raise A Tree Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Raise A Tree Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Raise A Tree Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Raise A Tree Service.
Raise A Tree Ltd. and its affiliates and licensors own and retain all rights in the RaiseATree.com Web site and Raise A Tree Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Raise A Tree Service by RaiseATree.com. Except as expressly authorized by RaiseATree.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of RaiseATree.com's proprietary information. 'Raise A Tree' and 'RaiseATree.com' are trademarks of Raise A Tree Ltd.
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the RaiseATree.com Privacy Policy.
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Raise A Tree respects the intellectual property rights of others and will terminate any users access to the RaiseATree.com website according to these terms of use if Raise A Tree is notified that such users activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification ('Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) Statement that you have identified material on the RaiseATree.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the RaiseATree.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Raise A Tree Copyright Infringement Notification]
Luke Berry
mail: Luke@RaiseATree.co.uk
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Raise A Tree. This notice and takedown process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Raise A Tree in bad faith.
If you believe that any material that you have uploaded on to the RaiseATree.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice ('Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Raise A Tree has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Raise A Tree with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: Raise A Tree Copyright Infringement Counter-Notification]
Luke Berry
Email: Luke@RaiseATree.co.uk
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Raise A Tree. This notice and takedown process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Raise A Tree in bad faith.
Raise A Tree shall not be responsible for any connection or access to the RaiseATree.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the RaiseATree.com website via the Internet, and the Internet access charges thereon.
These Terms of Service will apply to your use of the Raise A Tree Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Raise A Tree Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Raise A Tree may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Raise A Tree Service, or any part thereof, with or without notice. You agree that any termination of access to the Raise A Tree Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Raise A Tree 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 Raise A Tree Service. Where possible, Raise A Tree will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Raise A Tree Service. Further you agree that Raise A Tree shall not be liable to you or any third party for any termination or suspension of access to the Raise A Tree Service or modification of the Raise A Tree Service.
YOUR USE OF THE RAISE A TREE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL RAISE A TREE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES),
Raise A Tree may provide you with notices regarding the RaiseATree.com Service or these Terms of Raise A Tree Service by regular mail, email, or postings to this Web site.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Raise A Tree Services.
SERVICES SUBJECT TO A CHARGE
I) Raise A Tree Ltd offers enhanced services (the "Enhanced Services') that are subject to additional charges.
II) All items purchased from the Garden Centre are held on Raise A Tree Ltd's servers and may be accessed by the User subject always to these Terms and Conditions. They cannot be downloaded to the User's computer.
III) Raise A Tree Ltd may from time to time withdraw additional Enhanced Services or make certain Enhanced Services available. These Enhanced Services will always be subject to charge.
IV) The method of payment for the Enhanced Services shall be at the sole discretion of Raise A Tree Ltd from time to time. Raise A Tree Ltd may offer the User Credits that may be used to purchase Enhancements. The Credits will be deducted from the User's account as purchases are made.
7.7 On termination by either party, Raise A Tree Ltd will refund any unused credits held on the User's account to the User, providing all information needed for the refund has been provided to Raise A Tree Ltd and that the total of unused credits exceeds £5.00 GBP. Raise A Tree Ltd reserves the right to deduct from the refund any and all expenses arising from the payment and all other payments due and unpaid by the User, whether under these Terms and Conditions or otherwise. If the expenses associated with the refund exceed the refund Raise A Tree Ltd is not obliged to refund the Credits.