By accessing or using this Site in any way you agree to the terms and conditions set forth in this document.
If you do not agree to all of the terms do not access or use this Site. We reserve the right to update
and change these terms from time to time without notice. You can always find the most recent version of
these terms here: https://gardenpuzzle.com/pages/en/terms
- The Site Operator
The administrator and owner ("Site Operator") of the site ("GardenPuzzle") is a company
registered under the name Marek Rafałowicz located in EU, Poland, Hubalczyków 15, 70-776 Szczecin,
EU VAT PL5262378587.
- Licensed uses and restrictions
- The GardenPuzzle is owned by the Site Operator and is licensed to you on a worldwide,
non-exclusive, non-sublicensable basis on the terms and conditions set forth herein.
These terms define legal use of the GardenPuzzle, all updates, revisions, substitutions,
and any copies of the GardenPuzzle made by or for you. User images, comments, questions,
answers and other materials entered by users are owned by the users and not by Site Operator.
All rights not expressly granted to you are reserved by Site Operator.
- You agree to use the free version of the service for non-commercial purposes only.
- You agree not to:
- Use GardenPuzzle in any manner or for any purpose that violates any law or regulation,
any right of any person, including but not limited to intellectual property rights, rights of privacy,
or rights of personality.
- Post or otherwise submit any topic, name, material or information that contains pornography,
defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene,
profane, racist, unlawful, or otherwise objectionable content.
- Use GardenPuzzle in a manner that adversely impacts the stability or may be harmful or disruptive
to GardenPuzzle servers.
- Sell, lease, or sublicense GardenPuzzle or access thereto or derive revenues from the use or
provision of GardenPuzzle, whether for direct commercial or monetary gain or otherwise,
except as set forth below.
- Market any goods or services for any business purpose (including advertising and making offers to
buy or sell goods or services), unless specifically allowed to do so by Site Operator.
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses,
personal information or any other information about others.
- Use or attempt to gain access to or use another account, password, materials or computer systems or
networks connected to any Site Operator server or to the GardenPuzzle without authorization from Site
Operator, whether through hacking, password mining or any other means.
- Access or attempt to access any material that you are not authorized to access or materials through
any means not intentionally made available through the site or services.
- Make available any files containing materials where you do not own or control, or have not received
the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all
other rights in and to such materials.
- Paid version
Site operator offers extended, paid version of the service ("Paid Account"). If you are a paid account user
you are granted a non-exclusive, limited licence for final garden visualisations created by you at GardenPuzzle website,
limited by the following conditions:
- you can copy, distribute, print, transmit, publicly present and sell or otherwise use commercially only complete, final garden visualisations,
- you can use complete, final visualisations in larger works
- you cannot remove GardenPuzzle branding from the visualisations
- you cannot introduce further modifications to the visualisations
- using visualisations of single plants or accessories is strictly forbidden.
- For processing the payments you agree to provide Site Operator with personal information required
for carrying out the transaction. You agree that this information may be shared with payment agent ( PayPal (Europe) S.à r.l. & Cie, S.C.A. (“PayPal Europe”) 22–24 Boulevard Royal L-2449, Luxembourg)
involved in carrying out the transaction.
- Site Operator does not store nor processes debit or credit card data.
- Site Operator does not hold responsibility for the actions, inaccuracies, bugs, interruptions of services,
data loss, security problems of payment agents involved in the transaction process.
- Submitted user materials
- For all materials that you post or otherwise submit to the GardenPuzzle, including comments,
feedback, bug reports, piracy reports, product suggestions, images, texts videos, sounds, designs,
you grant Site Operator an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and
fully paid up license to use, reproduce, publicly display, publicly perform, copy, edit, modify,
translate, reformat, transmit and distribute such materials, with or without having your name attached,
in any manner or form and for any purpose, with full rights to sublicense such rights, and you also
acknowledge and agree that Site Operator is free to use any ideas, concepts, know-how or techniques
that you provide for any purpose without any compensation to you.
- By posting or submitting your materials, you represent and warrant that you own or otherwise
control all of the intellectual property rights and other rights to those materials.
- Site operator does not pre-screen materials that users provide or otherwise submit to GardenPuzzle;
however, Site Operator may remove any posted or submitted by user materials from the site any reason
without notice in its sole discretion.
With the exclusion of the provisions of paragraph III.2, the data about users will not be revealed to any other parties excluding situations in which Site Operator will
be obliged to do so by applicable law so or in the case of selling or passing GardenPuzzle as a whole
to a different entity.
- In order to purchase the Paid Account access or use the trial version, the user is required to provide his personal data.
- The administrator of personal data processed on the site is the Site Operator
- Processed data includes:
- e-mail address: required to provide services on the website, among others to maintain access to your account, carry out transactions, send information related to the contract
- name and surname: in order to issue a license for a desktop program
- When initiating purchases on the website, the necessary personal data will be forwarded to the payment operator.
- The data is processed for the purpose of performing sale contracts, processing complaints and possible claims as well as for analytical and statistical purposes.
- You have the right to inspect your data, the right to modify it and the right to request the cessation of processing of your data (in this case the usage of the service might not be possible)
- Personal data will be kept for the duration of the contract. Additionally, after the contract is terminated, the data will be stored due to the obligations arising from accounting and tax regulations (for their duration), and for reasons of legal security (until the time limit for any claims).
- Your email address provided during registration will be used to send notifications regarding your account (like confirmation of the completed transaction, notification of an expiring paid package etc).
- During the registration you can also agree to use your email for marketing purposes (e.g. receiving notifications about special offers, discounts etc). This consent is not required to complete the registration.
- At any time you can withdraw the consent to use your email for marketing purposes by logging in and updating your data on our website.
purposes. This data is gathered only in aggregated and anonymous form.
- By using the service you are accepting the usage of cookies. You can block cookies in the internet browser
settings, however in such case we cannot guarantee the proper operation of the service.
- Ownership and relationship of parties
The GardenPuzzle website (including but not limited to underlying software, graphic design, images,
videos, sounds) is protected by copyrights, trademarks, service marks, international treaties,
and/or other proprietary rights and laws of the Poland, EU and other countries. These terms grant
you no right, title, or interest in any intellectual property owned or licensed by Site Operator.
Site Operator may elect to provide you with support or modifications for GardenPuzzle
(collectively, "Support"), in its sole discretion, and may terminate such Support at any time without
notice to you. Site Operator may change, suspend, or discontinue any aspect of the GardenPuzzle at any time,
including the availability of GardenPuzzle website. Site Operator may also impose limits on certain
features and services or restrict your access to parts or all of the GardenPuzzle web site without
notice or liability.
- Site Operator reserves the right to cancel free accounts at any time at its sole discretion.
Also Site Operator may cancel your paid account in the case of non-payment or the case of your
violation of the terms of service. In case of account cancellation, all information and content
contained within the site may be deleted permanently. Site Operator accepts no liability for
information or content that is deleted.
- At any time you can request to have your data deleted from our site, by sending an email to firstname.lastname@example.org.
Such request will result in closing your account, termination of all paid services and irreversible deletion of all your information and content from our site.
- Disclaimer of warranties
SITE OPERATOR DOES NOT REPRESENT OR WARRANT THAT GARDENPUZZLE IS FREE OF INACCURACIES, ERRORS,
BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. GARDENPUZZLE IS
PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SITE OPERATOR EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE
AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF IT INCLUDING, BUT NOT
LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
You agree to indemnify and hold harmless Site Operator, and its subsidiaries, affiliates, officers,
agents, or other partners, and employees, from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of and access to
the site, your violation of the terms of service, your violation of any rights of another person
or entity, or your violation of any applicable laws or regulations.
- Limitation of liability
SITE OPERATOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE GARDENPUZZLE,
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY
OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SITE OPERATOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SITE OPERATOR BE LIABLE TO YOU FOR ANY AMOUNT.
- Release and waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Site
Operator, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners,
and employees from any and all liability for claims, damages (actual and/or consequential), costs
and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from
or in any way related to your use of GardenPuzzle.
- Applicable law
This Agreement is governed by the laws of the Poland, EU,
regardless of conflict of law provisions, and the parties hereby irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts in Szczecin,