Terms & Conditions

Welcome to Floracast, a service brought to you by Phenograph, Inc., (“Floracast”). Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.

This site is controlled and operated by Floracast from its offices within the United States of America. Floracast makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.

We respect the privacy of our users. Please take a moment to review our privacy policy. If you have any concerns regarding privacy, contact us for more information.

As is further explained below, you should be aware that the material that appears on our site is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on this website are designed for convenience only, and do not constitute an endorsement by Floracast of that site or any product, service or other material offered on that site. All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright © 2017, Phenograph, Inc (Floracast). ALL RIGHTS RESERVED.

PREMIUM SERVICE FEES AND PAYMENTS

You agree to pay for all charges and fees incurred in connection with your user name and password for Floracast’ Premium Subscription Service. All fees and charges are nonrefundable. If there are monthly fees (currently $2.00) for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until membership is terminated. If there are yearly fees (currently $24.00) for your subscription, Floracast will, unless otherwise notified by you, bill at whatever subscription rate is in effect at that time (currently $24.00), automatically to the credit card within your premium account at that time.

If you want to cancel your membership, switch to a different credit card or if there is a change in your credit card name, expiration date, or if you believe someone has accessed the Floracast Premium Subscription Service using your user name and password without your authorization, please contact Floracast immediately: matt@Floracast.

This Agreement is personal to you, and you may not assign your usage rights to anyone. Only one individual may access Floracast’s Premium Subscription Service at the same time using the same user name or password, unless otherwise agreed to by Floracast. Floracast limits each user to 100 separate browser sessions per month, unless otherwise agreed to by Floracast. You may purchase additional user sessions, at our standard monthly rates, for the balance of any monthly period. Floracast may discontinue or change Floracast’s Premium Service, or its availability, at any time, and you may end your subscription at any time. All Floracast content is the property of Floracast and is protected by Copyright. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through Floracast to anyone without the express written consent of Floracast. You may not post any content from Floracast to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Floracast.

OWNERSHIP OF MATERIALS

Except as otherwise noted, the information and/or software within and available through this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the “Materials”) are the exclusive property of Floracast or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Floracast’ prior written permission. Except as expressly provided herein, Floracast grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us.

CONTENT RIGHTS

As a Floracast account holder you may submit Content to the Service, including videos, photos and user comments. You understand that Floracast does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Floracast all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Floracast, you hereby grant Floracast a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Floracast’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in photo Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your photos from the Service. You understand and agree, however, that Floracast may retain, but not display, distribute, or perform, server copies of your photos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Floracast all of the license rights granted herein.

Floracast does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Floracast expressly disclaims any and all liability in connection with Content. Floracast does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Floracast will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Floracast reserves the right to remove Content without prior notice.

SINGLE COPY LICENSE

By offering this website, we grant you the permission to view using a browser. This means that you may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) de-compile, reverse engineer, or disassemble software materials; © remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.

Floracast may change this Privacy Policy at any time by posting revisions to our website. Your use of the site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site.

By using our service, you are consenting to receive certain communications from us. For example, Floracast may send you newsletters about new Floracast features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link at the bottom of our email communications. Please review our Privacy Policy for further detail on our marketing communications.

By using the Floracast service, you consent to receiving electronic communications from Floracast. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Floracast and you receive them as part of the Floracast free registration or Premium membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

TRADEMARKS

The marks and any designs associated with any marks on the website are trademarks and/or service marks of Floracast or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Floracast, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.

RSS FEEDS

RSS (really simple syndication) service is a means by which Floracast offers feeds of story headlines in XML format (“RSS Content”) to visitors to Floracast (the “Floracast Site”) who use RSS aggregators. These Terms of Use govern your use of the RSS service. The use of the RSS service also is subject to the Floracast terms and conditions. These Terms of Use and the may be changed by Floracast at any time without notice.

USE OF RSS FEEDS

RSS is a free service offered by Floracast for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by Floracast, and you may not edit or modify the text, content or links supplied by Floracast. For web posting, reprint, transcript or licensing requests for Floracast material, please contact us.

LINKS TO CONTENT PAGES

The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Floracast Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Floracast Site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Floracast Site web page.

OWNERSHIP/ATTRIBUTION

Floracast retains all ownership and other rights in the RSS Content, and any and all Floracast logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate Floracast website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate Floracast website’s logo that we have incorporated into the RSS feed.

RIGHT TO DISCONTINUE FEEDS

Floracast reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. Floracast assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.

LINKING AND FRAMING

You may link to our home page (at www.Floracast) provided that any such link does not imply any sponsorship of your site by Floracast, but if you wish to link to material contained at other levels within the site, please contact us at matt@Floracast for permission to do so. You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of Floracast. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. Floracast IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Floracast (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF Floracast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Floracast DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Floracast MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Floracast IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

No Unlawful or Prohibited Use As a condition of your use of this site, you warrant to Floracast that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

TERMINATION

This agreement is effective until terminated by Floracast, at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the Materials as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

JURISDICTION; MISCELLANEOUS

This site is created and controlled by Phenograph, Inc. The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Orange County, California. Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Floracast to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the Floracast website, regarding each user’s relationship with Floracast and supersedes any prior statements or representations.

COMMENTS

Floracast welcomes your feedback. If you have questions or comments about our policies, feel free to contact us.

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