terms_of_service

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Terms of service

 
  1. General
    • MiniScaping.com website ( will be referenced as “Website”) and related services ( together with the website will be referenced as “the service”)
    • These Terms of Use (“Terms”) govern your use of the service. You can’t use our Services unless you agree to them, so please read them carefully. Before using any of the Services, you are required to read, understand and agree to these terms. You may only access the Services after reading and accepting these Terms of Use
    • we may 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 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service
    • This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
  2. Description of the Service
    • The service allows users to
    • Manage a private collection of Miniscapes & inspirations online.
    • Manage a public profile & portfolio of Miniscapes & inspirations online
    • Explore other members public MiniScapes & Inspirations ( “Public” means MiniScapes & Inspirations other members chose to share in their public portfolio )
  3. Who can use the service ?
    • Service Eligibility:  You can only use our Services if you are over 13 years old, it is legal for you to use our Services, and you are legally capable of entering into a binding contract.
    • International Users:   Pages describing the Service are accessible from around the world but this does not mean all Service features are available in your country, or that user-generated content available via the Services is legal in your country.   we may block access to certain Services (or certain service features or content) in certain countries.    It is your responsibility to make sure your use of the Services is legal in the country where you live.  Services are not available in all languages
  4. Your content
    • Ownership
      • You retain all rights and ownership in your content.  MiniScaping does not claim any ownership rights in your content. 
    • License to Your Contentd
      • Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Services.
      • When you upload or submit content to our Services, you grant MiniScaping  (and our partners) a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content.  The license granted by you is for the only purpose of operating, marketing, promoting, and improving our Services.  We will attribute to you if we incorporate your content into a MiniScaping feature or into promotional or marketing materials.
    • Accessing and Sharing Your Content
      • When you publish your content ( move miniscapes/inspirations to your public portfolio ), you also give the service and other MiniScaping users the right to share your content via various social medial platforms integrated with MiniScaping. 
      • We do not monitor or control what others do with your content.
    • Termination of License
      • You may terminate this license at any time by removing your content from the Service.  However, you agree that the service may retain and use copies of your content for archival or backup purposes and for the investigation purpose mentioned later.
    • Feedback
      • You have no obligation to provide the service with ideas, suggestions or proposals (“Feedback”).  If you submit Feedback to the service, we may use it for any purpose without compensation to you and have no obligation to keep your Feedback confidential
  5. Account Information
    • You may need to create an account with us in order to use our Services.  It is your responsibility to keep your log-in credentials secure and you are responsible to MiniScaping for all activities that occur via your account.
    • Unless MiniScaping expressly allows you the right to create and manage account information as an account administrator for a company or as part of a team account, you may not use another person’s Account Information
  6. User Conduct
    • Don’t Abuse The Services: Please don’t use the Services to do anything unlawful, infringing, disruptive, harmful, threatening, abusive, tortious, defamatory, libelous, lewd, profane, obscene, hateful or otherwise objectionable 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).  While you are free to promote your Creative Work on MiniScaping, do not spam other users.  Don’t phish or collect other people’s information without their consent.
    • Don’t frame our Services or our website without our approval.  Don’t copy or imitate our design, layout, or look-and-feel of the Service.  Only use our Service to post your own creative work.  Don’t use the Services as a generic image hosting service such as for banner advertisements, etc. If MiniScaping decides that your conduct violates the Terms of Use or our Community Guidelines, we may remove your content or disable your use of the Services at any time, with or without notice to you. 
    • Impersonation.  Because MiniScaping is all about creative professionals getting credit for what they create, we require that you (and you agree to) use your real name in your profile.  If we in good faith believe that you have created an account impersonating another person, we may, in our sole discretion and after an internal investigation, either transfer your account to the person who you are pretending to be or terminate your account with no liability to you. 
    • in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose us or our users to any harm or liability of any time
    • Tell Us If You See Others Abusing The Services:   Please report any problematic behavior or content you see on our Services by contacting us
  7. Use of Our Services
    • Certain Services and MiniScaping Materials may be available only if you have paid a fee or have provided certain account information.  As used in these Terms, “MiniScaping Materials” means any materials or software provided by MiniScaping under these Terms, which may include materials that you or other users share through the Services.
    • Unless otherwise stated in a separate agreement, we are not responsible for (a) the loss, corruption, or damage to your content, (b) the deletion or accuracy of your content, or (c) the security, privacy, or communications related to your content.
    • We may create limits on the use of Services or MiniScaping Materials, including limitation on file size and storage space.  MiniScaping may require you to delete your content until you are within certain storage space limits.
    • We may include links to websites or services that we do not operate.  We have no control over and are not responsible for the content appearing on these websites or services.
    • User-Generated Content.  As you know, we host user-generated content from our users.  If you access our Service, you may come across content that you may find offensive or upsetting.  You agree that if the content at issue meets the Community Guidelines, your sole remedy is to simply stop viewing the content that bothers you.   If the content violates the Community Guidelines, you agree your sole remedy is to tell us by contacting us.
  8. MiniScaping intellectual property
    • All text, notes, illustrations and images reproduced on the service are the copyright of MiniScaping and are protected by intellectual property law worldwide.  In accordance with the provisions of Intellectual Property legislation, private use only is permitted and any other use without the prior authorisation of MiniScaping is an infringement of MiniScaping's copyright and a violation of intellectual property rights.
  9. Investigations
    • We don’t review all content uploaded to the Services but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content.
    • MiniScaping may access or disclose information about you, or your use of a service, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) where we, in our discretion, think it is necessary to protect the rights, property or personal safety of MiniScaping, our users, or the public.
  10. Your Warranty and Indemnification Obligations
    • You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to your content and have the right to grant us the license stated above.
    • You also represent and warrant that your content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
    • You agree to indemnify and hold MiniScaping and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your content, your use of the Services or MiniScaping Materials, your violation of the Terms, or your violation of any rights of another
  11. Our Disclaimer of Warranties
    • You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk.  Views expressed on our website or through our Services do not necessarily reflect our views.  We do not support or endorse certain content posted by you or other users.  Certain content from others may be incorrectly labeled, rated, or categorized.
    • Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
    • Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MINISCAPING MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE OR DOWNLOAD; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED
  12. Our Limitation of Liability / Types of Damages
    • IN NO EVENT WILL MINISCAPING 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 MINISCAPING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MINISCAPING’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 MINISCAPING FOR THE SERVICE IN THE 3 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.
    • THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
  13. Settling Disputes With MiniScaping
    • Any dispute you have with MiniScaping must be resolved by you in a court located in Israel?, unless otherwise agreed in writing. You agree to the personal jurisdiction of the federal and state courts located in Israel?.
    • Disclaimer:   You and MiniScaping each disclaim the U.N. Convention on Contracts for the International Sale of Goods.   We both agree it does not apply to the Services
  14. Termination
    • We may add, modify, or remove features or functionalities, and we may suspend or stop a Service.  We may also stop providing Services to you, or add or create new limits to our Services at any time.
    • Miniscaping 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 Miniscaping account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Miniscaping’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
    • Any fees that you paid prior to termination are not refundable.  Termination of your account does not relieve you of any payment obligations.
    • If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. 
  15. Notification of Copyright Infringement
    • We respect the intellectual property rights of others and we expect our users to do the same.  MiniScaping will respond to clear notices of copyright infringement consistent with the U.S. Digital Millennium Copyright Act (“DMCA”). 
    • Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use.   Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work).    If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.  You may also wish to consult publicly available reference materials such as those found at the U.S. Copyright website (www.copyright.gov) or at the Chilling Effects website (www.chillingeffects.org).
    • Notifying Us of Copyright Infringement:   If you believe the Services are hosting content that infringes your copyright, please let us know by creating a document that contains the following information and sending it to copyright@miniscaping.com :
      • A description of the copyrighted work(s) you believe are infringed
      • The exact location (page URL) where the infringing material resides on the Service;
      • Contact information so that we can reach you, such as email address,your physical address and telephone number;
      • A statement by you that you have a good faith belief that the use of the Material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      • A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
      • Your signature
    • If you believe access to your content was disabled or removed by MiniScaping  as a result of an improper copyright infringement notice, please send our Copyright Agent (copyright@miniscaping.com ) a written counter-notice that contains all of the following:
      • A description of the work improperly removed, along with your user name and the location where that work resided on the Service;
      • Contact information so that we can reach you, such as email address, your physical address and telephone number;
      • A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
    • Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake.  If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at the U.S. Copyright website (www.copyright.gov) or at the Chilling Effects website (www.chillingeffects.org).
  16. About these Terms
    • Export Control.  You acknowledge that the Service and MiniScaping Material, and your use and handling of the Service and MiniScaping Material, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and MiniScaping Material.  You agree to comply with all such laws, restrictions, and regulations.
    • Severability:  If a court finds any section of the Terms or Additional Terms invalid or unenforceable, the rest of the Terms or Additional Terms still apply.
    • No Waiver:   If we don’t enforce (or we delay enforcement) of the Terms or Additional Terms against you, we haven’t waived our enforcement rights.
    • Assignment or Transfer:  You can’t assign or transfer your rights or obligations under this agreement to someone else without MiniScaping’s written permission.   We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission


 

Last updated August 11, 2014
Replaces the prior version in its entirety