Terms & Conditions

Last updated: December 2024

Introduction

Welcome to GreenThumb Gardens. These Terms & Conditions ("Terms") govern your access to and use of our website (greenthumbgardens.com) and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

GreenThumb Gardens is operated by GreenThumb Gardens GmbH, a company registered in Germany. Our registered office is located in Berlin, Germany.

Acceptance of Terms

By accessing and using GreenThumb Gardens, you accept and agree to be bound by the terms and provision of this agreement. These Terms apply to all visitors, users, and others who access or use the Service.

If you are using our Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Use License

Permission is granted to temporarily download one copy of the materials on GreenThumb Gardens for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials
  • Use the materials for any commercial purpose or for any public display (commercial or non-commercial)
  • Attempt to decompile or reverse engineer any software contained on our website
  • Remove any copyright or other proprietary notations from the materials

This license shall automatically terminate if you violate any of these restrictions and may be terminated by GreenThumb Gardens at any time.

User Accounts

While our current Service does not require user accounts, if we implement account features in the future:

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account

Intellectual Property

All content on GreenThumb Gardens, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of GreenThumb Gardens or its content suppliers and is protected by German and international copyright laws.

The GreenThumb Gardens name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GreenThumb Gardens or its affiliates. You must not use such marks without our prior written permission.

User-Generated Content

By posting content to our community sections or submitting materials to us, you grant GreenThumb Gardens a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights in and to the content you post and that such content does not violate these Terms or infringe the rights of any third party.

Prohibited Uses

You may not use our Service:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • To interfere with or circumvent the security features of the Service
  • To use the Service for commercial purposes without our express written consent

Gardening Information Disclaimer

The gardening information, guides, plant care tips, and recommendations provided on GreenThumb Gardens are for informational purposes only. While we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or usefulness of any information.

Gardening involves inherent risks, including but not limited to plant failure, pest infestations, soil contamination, and personal injury. You assume all risks associated with following our advice or implementing our recommendations.

GreenThumb Gardens is not responsible for any damages, losses, or injuries resulting from the use of our information. Always consult local agricultural extension services or qualified professionals for specific gardening advice.

Affiliate Disclosure

GreenThumb Gardens participates in affiliate marketing programs. This means we may earn commissions on sales of products we recommend through affiliate links. These commissions do not affect the price you pay for products.

We only recommend products we believe will be valuable to our users. Our reviews and recommendations are based on our genuine assessment of the products, not on the commission we may receive.

Affiliate links are clearly marked and disclosed. We are committed to transparency in all our affiliate relationships.

Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by GreenThumb Gardens. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that GreenThumb Gardens 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Disclaimer of Warranties

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, GreenThumb Gardens:

  • Excludes all representations and warranties relating to this website and its contents
  • Does not warrant that the website will be constantly available, or available at all
  • Does not warrant that the information on this website is complete, true, accurate, or non-misleading
  • Excludes all conditions, warranties, and other terms which might otherwise be implied by statute

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall GreenThumb Gardens, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
  • Your reliance on gardening information provided through the Service

Indemnification

You agree to defend, indemnify, and hold harmless GreenThumb Gardens and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your content caused damage to a third party

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These Terms shall be interpreted and governed by the laws of Germany, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the German Arbitration Institute. The arbitration shall take place in Berlin, Germany, and the arbitral award shall be final and binding.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact Information

If you have any questions about these Terms & Conditions, please contact us:

  • Email: legal@greenthumbgardens.com
  • Address: GreenThumb Gardens GmbH, Berlin, Germany
  • Phone: +49 30 12345678

These Terms & Conditions constitute the entire agreement between you and GreenThumb Gardens regarding the use of our Service and supersede all prior agreements and understandings.

By using GreenThumb Gardens, you acknowledge that you have read these Terms & Conditions and agree to be bound by them.