Thank you for using Trendscaping
1.1 User Requirements
You may use our Services only if you can form a binding contract with Trendscaping, and only in compliance with these Terms and all applicable laws. When you create your Trendscaping account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades.
1.2. User Account
In order to access certain Services, you will be asked to create a Trendscaping user account (an “Account”). To create an Account, you must provide certain information about yourself, such as name, email address, or phone number (“Registration Data”), and answer all inquiries marked “required.” You agree:
i. that the Registration Data you provide to us will be true, accurate, current, and complete at the time you provide it;
ii. to maintain and update your Registration Data to keep it true, accurate, current and complete; and
iii. that we may contact you using your Registration Data.
If you log into your Account using your credentials for a social media account or link a social media account with your Trendscaping Account, you may be redirected to a sign-in request page hosted by the third-party social media account service. By signing in using your credentials for a social media account: you agree Trendscaping may access certain information received from the third-party social media account service, which is additional Registration Data; and you represent and warrant that you will comply with the terms and conditions of your social media account service.
In the event you change or deactivate the mobile telephone number you may have used to create an Account, you agree to update your Registration Data within 48 hours to ensure that your information is not attributed to the person who acquires your old number.
1.3. Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur from your Account, whether or not authorized by you. You must immediately notify Trendscaping of any unauthorized use of your Account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
1.4. Our License to You
Unless otherwise indicated, the Services and all content and other materials available on or through the Services are proprietary to Trendscaping or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Subject to your strict compliance at all times with these Terms and our policies, we grant you a personal, limited, non-exclusive, non-transferable, and revocable license to use our Services (the “License”). The License does not allow you to use Trendscaping’s name or trademarks. All rights and licenses not expressly granted to you in these Terms are retained by Trendscaping.
Trendscaping may revoke or terminate the License granted above in its sole discretion, at any time.
Trendscaping may discontinue, terminate, suspend or shut down the Services at any time, for any or no reason, without or without notice. Upon any such action by Trendscaping, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
1.5. Restrictions on Use of Data
As part of the Services, Trendscaping provides you with access to real-time information and other information regarding individuals, businesses, and trends. Without in any way limiting any other restrictions in these Terms, you agree that you will use all such information (the “Results Data”) for your own personal, non-commercial use in a strictly lawful manner. Results Data should not be used for any business purpose and such usage may result in being blocked from accessing the Services as well as any other penalties prescribed or allowed by law. Among other limitations, you may not:
- Use any Results Data for marketing purposes, including, but not limited to, making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of commercial or marketing messages;
- Compile the Results Data in a database (other than a personal address book) and store such data for any future use;
- Use any Results Data information for credit granting or denial, credit monitoring, account review, insurance underwriting, employment or housing decisions, or any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. (“FCRA”), Federal Trade Commission interpretations of the FCRA, and similar state statutes;
- Use any Results Data information for tortuous purposes, including to stalk, harass, or threaten any individual;
- Match any Results Data with information from third party databases to append, verify, or create a new database;
- Publish, transmit, distribute, or resell any Results Data; or
- Store Results Data via physical media, or data mine/scrape or otherwise aggregate information or data made available through any Services for any purpose outside the scope of these Terms, or any other applicable agreement between Trendscaping and you.
2.1. Posting Content
Trendscaping allows you to post content, including photos, comments, links, and other materials. Anything that you post, transmit, or otherwise make available on our Services is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Trendscaping. By submitting User Content, you represent and warrant that: (i) you are at least eighteen (18) years old; (ii) you own and control all rights to the content you post or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content, including content that contains Personality Rights (defined below); (iii) such content is accurate and not misleading; and (iv) posting or providing such content does not: (a) violate these Terms, or (b) violate the rights of, or cause any injury to, any person or entity.
2.2. Use of Your User Content
You grant Trendscaping and its users a non-exclusive, royalty-free, perpetual, transferable, sublicensable, worldwide, irrevocable license to use, display, reproduce, modify, create derivative works in, perform, distribute, store and archive your User Content. You shall own such derivative works, however, you grant Trendscaping and its users a license to the derivative works on terms identical to its license in your User Content.
To the extent your User Content contains a name, likeness, image, voice, or appearance (“Personality Rights”), including distorted or altered Personality Rights: (a) you waive and release any and all claims arising from your publicity and/or privacy rights related to the User Content; and (b) you
You also understand and agree Trendscaping retains the right to reformat, excerpt or translate your User Content. Additionally, we may edit or refuse User Content, in whole or in part, or remove User Content, in whole or in part, in our sole discretion.
You also agree that we may collect and use technical information, such as your IP address, device ID, and other information, including but not limited to, technical data about your device, system software, and peripherals to facilitate the provision of updates and support related to our Services.
Nothing in these Terms shall restrict other legal rights Trendscaping may have to User Content. We reserve the right to remove or modify User Content for any reason.
2.3. Erroneous User Content
We have no obligation to monitor content you or other users provide and submit through the Services. Thus, you understand that you may be exposed to information that is erroneous or otherwise objectionable via the Services.
Even though we are not obligated to monitor content, we reserve the right to monitor and review User Content.
You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee that any content, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Trendscaping takes no responsibility and assumes no liability for any User Content, whether erroneous or not, that you or any other user or third party posts or transmits using our Services.
2.4. Continued Use of User Content
Following the termination or deactivation of your Account, we and other users may retain your User Content and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Services or any other products or services of Trendscaping (collectively, “Feedback”), is non-confidential and shall become our sole property. We have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback, and we are free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
3.1. Contents © 2016, Trendscaping, LLC All Rights Reserved
All content included on this website, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Trendscaping or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Trendscaping and protected by U.S. and international copyright laws.
Any rights not expressly granted herein are reserved by Trendscaping.
TRENDSCAPING and other Trendscaping graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Trendscaping or its affiliates in the U.S. and/or other countries. Trendscaping’s trademarks and trade dress may not be used in connection with any product or service that is not Trendscaping’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trendscaping. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
3.2. Digital Millennium Copyright Act Notice
If you believe that any of the content or materials available on or through the Services infringes upon any copyright you own or control, or that any link made available on or through the Services directs users to another website that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”) by following the steps provided here.
An Infringement Notice must be in writing and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you believe is being infringed;
- A description of the location of the material that you believe is infringing the copyrighted work;
- Your contact information (please include 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 information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and send the written communication to Rick Chapo DMCAAgentService.com; PO Box 373, Pine Valley, CA 91962; Phone: (800) 804-7260; Email: email@example.com; Fax: (858) 724-1863.
Trendscaping may provide you notice of changes or any other matter by displaying notices to you generally through the Services or, at its option, by using any contact information you have provided to Trendscaping. You agree that notice by the foregoing means shall be deemed complete when transmitted by Trendscaping. All notices to Trendscaping (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:
c/o Registered Agent Solutions, Inc.
3400 Capital Bldv. SE, Suite 101
Tumwater, WA 98501
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Trendscaping. 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 Trendscaping, you do so at your own risk and you agree that Trendscaping will have no liability arising from your use of or access to any third-party website, service, or content.
5.1. You agree you will do the following:
- You will comply with all laws applicable to your use of the Services.
5.2. You agree you will NOT do the following:
- Engage in any unauthorized use of the Services;
- Post or otherwise make available any content 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;
- Post, publish, or transmit any text, graphics or material that: (i) is obscene, pornographic, or offensive; or (ii) promotes bigotry, racism, hatred, or harm against any individual or group;
- Copy any portion of the Services or any underlying content or source code;
- Reverse engineer, disassemble, decipher or decompile any portion of the Services, or otherwise attempt to discover or re-create the source code to any software;
- Distribute the software or source code behind the Services to any third party;
- Except as otherwise expressly permitted by Trendscaping, make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Services;
- Remove, alter, or obscure any copyright or other proprietary notices of Trendscaping or its affiliates or licensors in any portion of the Services;
- Obscure or disable any advertisements that may appear on or through the Services;
- Use any type of automated means to utilize the Services;
- Access without authorization any networks, systems, or databases used in providing the Services or any accounts associated with Services, or access or use any information contained therein for any purpose;
- Attempt to probe, test, hack, or otherwise circumvent any security measures;
- Violate any requirements, policies, procedures, or regulations of any network connected to the Services;
- Interfere with or disrupt the use and enjoyment by others of the Services or the Materials;
- Use the Services or Materials to send unsolicited email, junk mail, “spam,” chain letters, promotions, or advertisements for products or services;
- Use the Services or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
- Make the functionality of the Services available to multiple users through any means including, but not limited to, deeplinking to one of our websites or uploading one of our apps to a network;
- Engage in “framing,” “mirroring” or otherwise simulating the appearance or function of the Services;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, scrape, or crawl the Services or any related data or information; or
- Monitor the availability, performance or functionality of the Services for any competitive purpose.
Trendscaping has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand. In addition, if necessary, we may involve and cooperate with law enforcement authorities in prosecuting Users who violate certain terms of this Agreement.
6. Users Outside the United States
The following provisions apply to users who interact with Trendscaping outside the United States:
- You understand and agree that we may transfer and process your personal data outside of the country in which you live.
- You will not use the Services if you are prohibited from receiving products, services, or software originating from the United States.
Trendscaping makes no representation that the Services are available for use in any particular location. To the extent you choose to access and/or use the Services.
You agree to hold harmless, defend and indemnify Trendscaping from all third party liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Trendscaping by any third party that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms; (iii) your use of any of the Services or Materials; or (iv) any content that you store on or transmit through the Services. Trendscaping may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Trendscaping in such event.
The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRENDSCAPING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
9. Limitation of Liability
IN NO EVENT SHALL TRENDSCAPING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES; (II) ANY INABILITY TO USE THE SERVICES FOR WHATEVER REASON; OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF TRENDSCAPING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRENDSCAPING ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED ONE THOUSAND UNITED STATES DOLLARS (US$1000.00).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
10. Dispute Resolution
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND TRENDSCAPING RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION 10. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
NOTWITHSTANDING THE ABOVE, YOU AND TRENDSCAPING AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN KING COUNTY, WASHINGTON INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR VIOLATION OF (A) ANY DATA USE RESTRICTIONS CONTAINED IN THESE TERMS, OR (B) A PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY’S WEB SITES OR SERVICES.
If you have a Dispute with Trendscaping, you must send written notice describing the Dispute to Trendscaping to allow Trendscaping an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: Trendscaping, Attn: Legal Department, [address]. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided. If the Dispute is not resolved within 30 days from receipt of notice of the Dispute, you or Trendscaping may proceed to have the Dispute resolved through arbitration as each party’s exclusive Dispute resolution process (except for the limited exceptions set forth above).
Any arbitration, if required, will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, which are located at http://www.jamsadr.com/rules-streamlined-arbitration, (last checked June 23, 2016). These rules will govern the payment of all filing, administration, and arbitrator fees, unless this Section 10 expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, Trendscaping will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the JAMS with your Demand for Arbitration, and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the JAMS. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Trendscaping will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Trendscaping for all fees associated with the arbitration paid by Trendscaping on your behalf, which you otherwise would be obligated to pay under the JAMS’s rules.
The arbitration shall be held in King County, Washington. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
YOU AND TRENDSCAPING EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND TRENDSCAPING EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If any clause within this Section 10 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 10, and the remainder of this Section 10 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 10 will be unenforceable, and the Dispute will be decided by the courts of the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
11. Time Limitation on Claims
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Services or Materials must be filed within one year after such claim or cause of action arose. Any claim not filed within the foregoing one-year period will be forever barred.
12. General Terms
If any part of these Terms held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Trendscaping reserves the right to revise these Terms at any time by posting revised Terms on this Web site or otherwise making such revised Terms available through the Services. If we make material revisions to these Terms, we will use the date at the top of these Terms to indicate the date it was last revised. The revised Terms will be effective immediately upon its being posted on this Web site or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review these Terms each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions, you must immediately terminate your use of the Services or Materials.
If we do not enforce a breach of these Terms, that does not mean that we have waived our right to enforce these Terms against your or others. You may not assign or transfer these Terms (or your Account or use of Services) to anyone without our consent. However, you agree that Trendscaping may assign these Terms without notice or consent. There are no third party beneficiaries to these Terms, other than as explicitly provided herein.
These Terms are written in English (US), although we may provide translated versions at our discretion. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
Trendscaping operates the Services from its offices in Washington, USA, and Trendscaping makes no representation that the Services are appropriate or available for use in other locations.
13. Governing Law and Venue
YOUR USE OF THE SERVICES SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA
AS THE EXCLUSIVE VENUE FOR ANY LAWSUIT THAT ARISES OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, AND THAT MAY BE BROUGHT IN COURT UNDER SECTION 10 SHALL BE KING COUNTY, WASHINGTON (IF THE CLAIM ARISES UNDER STATE LAW) AND THE WESTERN DISTRICT OF WASHINGTON (IF THE CLAIM ARISES UNDER FEDERAL LAW). THE VENUE FOR ANY CLAIM THAT MUST BE BROUGHT IN AN ARBITRATION FORUM SHALL BE AS SET FORTH IN SECTION 10.