1. Terms & Conditions
(a) These Terms & Conditions form a legally binding contract between yourself ('you' or 'user') and Lourish Limited, ('Lourish', 'us' or 'we'). By using the Lourish service (the 'Service'), you agree to be bound by these Terms and Conditions.
(b) We may modify these Terms and Conditions from time to time and such modification will be effective from when we publish those changes on this page. It is your responsibility to check this document for further changes. Your continuing use of the Service constitutes your acceptance of any new Terms and Conditions.
2. Eligibility
The Service may not be suitable for persons aged under 16. Lourish reserves the right to restrict or suspend access to the Service without warning if we consider that you are under 16 years old.
3. Fees
Unless expressly identified, this Service is free. You will be notified whenever you are about to use a paid-for service, and you will be required to agree to any such service prior to incurring any charges. Lourish may, at any time, change which Services are provided free and which Services may incur a fee.
4. Account usage and security
(a) Account security
By using the Service you agree:
- that all information provided during registration is accurate, current and complete;
- to maintain and protect the security of your user credentials (such as username and password); and
- to be fully responsible for all use of your account and any actions that takes place using your account.
(b) Account information
You may not use:
- an identity of another person with the intent to impersonate that person;
- a name subject to the rights of any other person without authorization;
- an identity that Lourish, in its sole discretion, deems inappropriate or offensive; or
- a name which is or may be protected by a trademark or other intellectual property law for which you do not have the right to use.
You are responsible for ensuring that the information you provide in setting up your account is accurate and correct.
5. The service
The Service allows you access to the Lourish website available at lourish.com (the 'Website'). You acknowledge that we may establish procedures and restrictions on use of the Service, and agree that we remove or substantially modify any aspect of the Service at any time. We will try and provide you with as much notice as possible of changes.
The Website may feature the following services:
(a) Exchange
This service is for the noncommercial exchange or giveaway of edible, home-produced foods. The service allows you to
- 1list and view such exchanges
- make offers on the listed exchanges of others
- create your own such exchanges
- promote exchanges through external, 3rd party systems or services
Details entered in exchanges will be publicly available to both members and non-members of Lourish unless explicitly stated.
6. Use of service
(a) User conduct
You agree to comply with any requirements on you in our Privacy Statement and in the Lourish Community Guidelines.
You are solely responsible for any content, data or other information that you publish or upload using the Service.
(b) Prohibited Activities
You agree that, in using the Service, you will not:
- behave in a way which contravenes the Lourish Community Guidelines;
- impersonate another person or entity, use as fake identity, or falsely misrepresent yourself, your age or your affiliation with any person or entity;
- misrepresent your intentions and purposes in order to glean information from Lourish users under false pretences;
- upload or distribute any content that is not created by you or that you do not have permission to post;
- upload or distribute content which we consider to be harmful, threatening, unlawful, defamatory or invasive of privacy or publicity rights;
- upload or distribute pornographic pictures or pictures which portray gross violence, force or brutality;
- make or distribute statements which discriminate anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation;
- make or distribute statements or comments which are offensive or insulting;
- encourage a crime or assist anyone who encourages a crime in any way;
- send spam or any unsolicited communications for marketing or advertising purposes, or which encourage the viewing or access to illegal content or content of a sexually explicit nature;
- harvest or collect personal details of users from the Service for the purpose of making unsolicited contact for commercial or unlawful purposes;
- use the Service in any other manner that could damage, disable, overburden or impair the Service;
- use tools to automate exchange/offer/message/note/comment posting;
- use automated scripts to collect information from or otherwise interact with the Service;
- send, initiate or distribute viruses, worms or trojans;
- conduct bulk downloads of content from the Service;
- make content available that, in the sole judgment of Lourish, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Lourish or its users to any harm or liability of any type, collectively, ('Prohibited Activities');
- Use the Exchange for the distribution of anything other than edible produce or produce to which you are not legally authorised to distribute;
- Use the Exchange for commercial transactions which result in monetary payment.
Lourish may, but is not obliged to, review any content that you have published using the Service and may remove this content from being made public in our sole discretion for any reason or no reason, including without limitation:
- if you engage in Prohibited Activities; or
- content which we consider violates these Terms and Conditions (including the Privacy Statement or the Lourish Community Guidelines), or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
7. Intellectual property
(a) Your intellectual property rights
- Registered Lourish users may upload content or post data (including but not limited to content on your profile, comments, suggestions, problem reports or bug reports, or any submissions of design ideas to Lourish) ('Your Content') and Lourish acknowledges that that it does not own Your Content. By making Your Content available to other users you agree to allow users of Lourish to view and transmit Your Content on or through the Lourish website or other electronic communication.
- If, at any time you upload, post or modify Your Content you automatically grant Lourish an irrevocable, worldwide, non-exclusive, transferable, royalty-free, perpetual license (with the right to sublicense) of all rights to use, copy, edit, modify, include, incorporate, adapt, publicly perform, publicly display, record, reformat, translate, reproduce and excerpt (in whole or in part) Your Content for Lourish’s use in connection with providing the Service.
- You may remove Your Content (or any part thereof) at any time. If you choose to remove Your Content, the license granted above will automatically expire, however you acknowledge that Lourish may retain archived copies of your content for a reasonable period of time.
(b) Other user’s intellectual property rights
- You are prohibited from uploading content or data to the Service that violates another party's intellectual property rights.
- In using the Service you warrant that no materials submitted, transferred, uploaded or referred to using your account (including without limitation Your Content) violates or infringes any other party's rights including copyright, trademark, privacy, publicity or contain otherwise unlawful material.
- Lourish may, in appropriate circumstances and at its sole discretion, suspend or terminate the accounts of users who violate the intellectual property rights of others.
(c) Lourish’s intellectual property rights
- The Website is exclusively owned by us. We grant you a personal, non-exclusive and non-transferable right to access the Lourish website and use the Service on these Terms and Conditions. All content on the Website (except for Your Content) including the text, logos, features, functionalities, images, information, data, graphics, design and other material and software (collectively "Lourish Content") is the property of Lourish, its parents, its affiliates and their licensors and is protected by copyrights, trade marks, trade secrets or other proprietary rights and is subject to applicable laws and regulations.
- The Lourish Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of Lourish.
- You agree not to use or exploit the Lourish Content in any manner inconsistent with any of the rights granted or restrictions set forth herein. All rights not expressly granted in these Terms and Conditions are reserved to Lourish and its licensors.
8. Third party information
(a) The Service may contain links to other websites and content belonging to or originating from third parties ('Third Party Information'). Such Third Party Information is not investigated or monitored by us, and you agree that Lourish is not responsible for the availability of such external sites or resources, and does not support and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources.
(b) You further acknowledge and agree that Lourish shall not be directly or indirectly responsible or liable for any damage or loss caused or assumed to be caused by or in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource.
9. Your information
You agree that, in the event that the assets or shares of our company is sold or transferred to a third party, any information provided by you in connection with the Service may be transferred to such third party. Please see our Privacy Statement for further details concerning treatment and disclosure of your information.
10. Spam
You are not permitted to send spam or any unsolicited communications for direct marketing or advertising purposes, or which encourage the viewing or access to illegal content or content of a sexually explicit nature.
11. System maintenance
Lourish maintains computer equipment and service to ensure the highest level of service. The service, or parts of the service may be unavailable at any time and for any length of time while maintenance is performed.
12. Advertisers
The Service and web site may contain third party advertisements from advertisers ('Advertisers'). Members that chose to contact Advertisers do so at their own risk. All such contacts takes place beyond the control of Lourish and Lourish is not responsible under any circumstances for the offerings, terms and warranties provided by Advertisers.
13. Privacy
We care about the privacy of our users. By using the Service, you agree to comply with any requirements on you in our Privacy Statement which are incorporated into these Terms and Conditions by this reference.
14. Lourish communication
By using this Service, Lourish may communicate with you via email. For how to manage your privacy preferences in respect of contact for marketing purposes, please see the Privacy Statement. You also agree to receive messages which are specific to your account and necessary for the normal functioning of the Service.
15. Suspension of the service
(a) Lourish may, at any time and without notice suspend or terminate access to your account or the Service if:
- you supply misleading information at the time of registration;
- you engage, or we have reason to believe you are have engaged in, Prohibited Activities;
- you do not comply with these Terms and Conditions (including any requirements on you in our Privacy Statement and the Lourish Community Guidelines);
- use of your account contravenes the law or these Terms and Conditions;
- Lourish has reason to believe that your account is being used illegally;
- a crime has been committed using your account; or
- if we suspect that you used your account to send SPAM.
(b) Lourish may, at any time and without notice, either temporarily or permanently suspend the Service.
(c) If we suspend or terminate the Service:
- you may be prevented from accessing the Service, Your Content, Lourish’s Content or any other data associated with your use of the Service; and
- we may eliminate and discard any of Your Content within the Service or stored on Lourish's servers.
16. Disclaimers
(a) Lourish is not responsible for Your Content or Third Party Information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter using the Service, or in connection with any content provided by a third party or Third Party Information. Lourish is not responsible for the behaviour of any user of the Service or Website.
(b) The Service is made available 'as is' and you agree to use it at your individual risk. Lourish explicitly disclaims all warranties of any kind, whether stated or implied. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services or the Website except to the extent that they are expressly set out in these Terms and Conditions or those which may not be excluded by law.
(c) Lourish makes no warranties or representations that:
- your use of the Service will meet your requirements;
- your use of the Service will be continuously available, uninterrupted, timely, secure or free from error;
- any information obtained by you as a result of your use of the Services will be accurate or reliable, or
- the quality of any products, services or information accessed during sue of the Service will meet your expectations; or
- defects in the operation or functionality of any Services provided to you as part of the Services will be corrected.
(d) Nothing in the Terms shall affect those statutory rights which you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
We are not responsible for and make no warranties (whether express or implied) as to Your Content or Third Party Information or accuracy or reliability of the same. Any material downloaded or otherwise obtained through the use of the Service is done at your individual risk, and you we are not responsible for any damage to your computer system or loss of data (including Your Content) resulting from the use of Service. Lourish gives no guarantees concerning the different sites and information located worldwide throughout the Internet, which you may access as a consequence of the use of the Service. This also includes: the correctness, currency, content, or quality of any type of site and information, or whether any search using the Service may give access to unintended and offensive content. Please note that no advice or information obtained by you from the Service personnel or through the service of the Service shall generate any kind of warranty, unless it is explicitly provided in these Terms and Conditions. In no event shall Lourish's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.
17. Legal responsibility
(a) You
Through providing Your Content, you are required to comply with all laws and regulations in force, including without limitation ensuring that Your Content:
- does not infringe any rights of a third party, including intellectual property rights;
- does not cause personal injury, offence or invasion of privacy; or
- is not contrary to public policy and accepted moral standards.
Failure of you to comply with any provisions of these Terms and Conditions (including the Lourish Community Guidelines and the Privacy Statement) may (in Lourish’s sole discretion) result in Your Content being removed or your Lourish account being suspended, disabled or deactivated.
(b) Lourish
Nothing in these Terms and Conditions shall exclude or limit Lourish’s liability for losses which may not be lawfully excluded or limited by applicable law.
You agree that Lourish shall not be legally responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, any loss of data or other intangible losses (even if Lourish has been advised of the possibility of such damages), resulting from:
- the use or the incapability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
- unauthorized access to or modification of your transmissions or data;
- statements or behaviour of any third party on the Service or within its service;
- any reliance placed by you on the completeness, accuracy or existence of any advertising (including Third Party Information), or as a result of any relationship or transaction between you and any advertiser whose advertising appears on the Service;
- any modifications which Lourish may make to the Services, or for any temporary or permanent cessation in the provision of the Services;
- the removal or corruption of, or failure to store, any of Your Content (or any other data maintained or transmitted by or through your use of the Services);
- your failure to provide us with accurate account information;
- your failure to keep your password or account details secure and confidential; or
- any other matter relating to the Service or Website.
Under no circumstances shall Lourish's total legal responsibility to you for all damages, losses, and causes of action go beyond the amount paid - if any - of accessing the Service.
18. Indemnity
You agree to indemnify, defend and hold harmless Lourish, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not restricted to, attorneys fees) arising from your access or use of the Service, your violation of the Terms and Conditions or your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity.
You agree to immediately notify Lourish of any unlawful use of your account or any other breach of security of your knowledge.
19. Governing law
All legal matters arising from or related to the use of the Service shall be interpreted in accordance with (and all questions with respect to that shall be determined by) the laws in force in the UK applicable to contracts entered into and wholly to be performed within the UK, unless it has been explicitly declared to the contrary somewhere else.
Last Updated June 11 2010
© 2010 Lourish
Jump to:
- Terms and conditions
- Eligibility
- Fees
- Account usage and security
- The service
- Use of service
- Intellectual property
- Third party information
- Your information
- Spam
- System maintenance
- Advertisers
- Privacy
- Lourish commiunication
- Suspension of the service
- Disclaimers
- Legal responsibility
- Indemnity
- Governing law
