CropCricket.com Terms of Use

Thank you for using CropCricket.com the one stop shop for gardeners on a budget. By using this site you are agreeing to the terms outline in this document. CropCricket.com is a gardening medium hosted by Camp Caffeine based out of Ancaster Ontario, Canada. This document is effective March 1st, 2010.

Prohibited List

User of CropCricket.com will post ads in the appropriate categories and adhere to the folowing rules.

The following activities are prohibited on CropCricket.com

Posting an ad outside the country of origin.
Posting items for sale that are located outside of Canada.
Posting items that are illegal to own, buy, sell or trade.
Posting an ad that has been identified on the prohibited item list below.
Posting the same ad in several categories or cities.
Posting an ad using multiple email addresses.
Posting an ad that slander an individual or incorporates hate speech.
Posting an ad that has nothing to do with gardening.
Posting opinions, announcements and discussion topics that show up in the "Browse Ads" category. All opinions, announcements and discussion topics must be posted in the garden talk section which will be available summer 2010.
Buying or selling items that are not in compliance with applicable laws and regulations.
Soliciting other users is prohibited unless you are buying, selling, or trading gardening items.
Posting ads that are false or misleading;
Distributing items that contain spam, viruses, chain letters, and pyramid scams. In addition any bypass measures that restrict access to CropCricket.com is prohibited.
Posting items that have an unreasonable load of information that will put a strain on our site and interfere with the functionality and speed. It is prohibited to collect, modify and distribute other users data, like emails, without consent.

Ads that do not meet the terms of CropCricket.coms' policy will be removed from the site. In addition, users that violate the policy will be blocked from using this service. As a user of this site you are responsible to ensure that the items you buy, sell or trade are in compliance with the law.

Items not permitted on CropCricket.com

ANY ITEMS NOT RELATED TO GARDENING.
Embargoed Goods.
Illegal Drugs and Drug Paraphernalia.
Illegal Services.
Counterfeit Products.
Hazardous Materials.
Items Which Encourage Illegal Activity.
Pesticides.
Recalled Items.
Stolen Property.
Tobacco Products.

Not Using CropCricket.com For Intended Use

We would kindly ask that all users assist us in maintaining the site for its intended purpose. We have placed a flagging icon that will be attached to each ad. By selecting this icon an email with the link to the ad will be sent to the administrator for review. Please help us eliminate those ads that do not adhere to our terms of use policy. If ads do not abide by our policy we may be force to limit or terminate the service to that user, remove hosted content, or take technical and legal steps to keep those users off of CropCricket.com. It is important that we, as a community, keep this site functioning efficiently, within the limits of the law, and in a manner that adheres to the literal and intended (letter and spirit of the law) meaning of the terms of use expressed.

Please note that whether or not we decide to take any action to limit or terminate the service to a user, remove the hosted content, or take technical and legal steps, we do not accept any liability for monitoring CropCricket.com, for monitoring unauthorized or unlawful content, or monitoring the actions of users.

Services And Fees

Using CropCricket.coms posting service is free however, there may be a fee that accompanies a specialized service. For instance, if you would like your ad to be placed at the top of the category selected for a certain amount of time there is a fee associated with this service. All fees in Canada are in Canadian Dollars and all fees in the United States are in U.S. dollars. There may be fee changes as a result of new services or promotional events. If there are any fee changes we will ensure that users have an opportunity to view the changes at a designated spot on the site. Note that all fees are non-refundable and that payment for the service must be provided before the service begins. If a payments for a service is not made we maintain the right to either limit your ability to use the service or not permit you to use the service at all. For example if you purchase advertising space we have the right to pull your advertisment if payment is not provided. If your payment method fails or your account is over due, CropCricket.com will persue other collection methods. Example: For accounts that are over due by 30 days or more we will deduct the amount owed from your PayPal account balance or charge your credit card.

Content On The Site

CropCricket.com will be full of information from our organization, yourself and thousands of other users. In order to use this site you must agree not to copy, modify or distribute any CropCricket.com material, copyrights or trademarks. By using this site you are granting us a non-exclusive, perpetual, royalty-free, worldwide, irrevocable, sub-licensable right over the content you provided, as well as, to excersise the copyright, database, and publicity rights to the content you provided. Our organization needs these rights to host and display your content. Please notify our administrators at CropCricket.com if you feel that your rights have been violated. We will be certain to follow up and investigate the matter. At CropCricket.com we reserve the right to remove any content which violates our terms or infringes upon the rights of another party.

Please Report Intellectual Property Infringements

Content that has been posted which infringes upon the rights of third parties is not permitted and we reserve the right to remove the content posted. This includes, but is not limited to, copyright and trademark. For instance, if counterfeit items are found and posted for sale on the site we have the right to remove the content. Do not violate these terms, our policies, or the rights of any third party.

If you believe in good faith that your property rights have been infringed upon, please send an email to the administrators and we will have you fill out an infringement form, which requires you to provide details about your property rights. Only forms submitted by the primary rights holder will be accepted. Once this form is re-submitted with the required information you will be enrolled in our infringement program. We will then send you information on how to electronically submit personal property infringments in the future.

Liability

As a user of this site, you must agree to not hold us responsible for things that other users post or the actions that they do. Since the majority of the stuff provided on CropCricket.com comes from other users, we do not guarantee the accuracy of the information provided, which can incluclude, but is not limited to, the quality, safety or legality of the item offered. In addition, it is impossible for us to guarantee or secure access to our service. We are mearly the medium in which people can buy, sell or trade gardening items. To the extent that the legal system permits we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. CropCricket.com takes no responsibility for the loss, whether monetary (including profit), philanthropic, personal reputation, or any special, indirect, or consequential damages resulting from the use of the website. Please note that even if you tell us or we could reasonably foresee the potential of such damages we take no responsibility. Under some jurisdictions disclaimers or warranties or exclusions of damage are not permitted therefore these disclaimers may not apply to you.

Despite the information given in the previous section, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

Information of a Personal Nature

As a user of CropCricket.com, you are agreeing to the ways in which your personal information will be handled. Please refer to our privacy policy for the ways in which your personal information will be collected, transferred, used and stored. Please note that at anytime we reserve the right to change servers, which may require your information be transferred to servers outside of Canada.

The Way CropCricket.com Uses Your Information

CropCricket.com uses your personal information from the registration form for the purpose of completing a transaction. For example, we will use your email address to respond to your questions. In the instance where financial information is provided, CropCricket.com will use this information for the purpose of completing the transaction. Please refer to the security section (in the privacy policy) which addresses the types of protective measures we have in place. All personal information will not be used for any other purposes and will not be provided to a third party without users explicit concent.

CropCricket.com provides opportunities for users to advertise their products or services. In order to help these groups reach the correct market we use non-identifying and aggregate information. For example, advertisers may be provided with statistical information about the number of people that visit a specific page, traffic to and from CropCricket.com, or the number of men and women that use our site. Please note that we will not disclose any information that could be used to identify individuals, like IP addresses.

Disclosure

CropCricket.com will never use or share your personal information in ways unrelated to the ways described above without providing you the opportunity to opt-out or otherwise prohibit such uses. Please note that users may not use our site to gather addresses, send spam, breach the terms of use or our privacy policy. CropCricket.com maintains the right to scan or filter through emails that were sent using our communication tools in an attempt to stop malicious activities, resolve disputes, troubleshoot problems or address prohibited content. Please note that we do not permanently store messages sent from user to user, nor do we permanently store email addresses / emails that are sent by a CropCricket.com user to an email address that is not registered with CropCricket.com. Note, if you decide to cancel your membership with CropCricket.com we will delete your personal information within 30 day upon receiving an email for this request.

CropCricket.com maintains the right to disclose personal information when responding to legal requirements or responding to posting that infringe upon anyone's rights, property, or safety. We also hold to right to share personal information with corporate affiliates or the authorities who specialize in detecting and preventing potentially illegal activities.

Advertising On CropCricket.com

Advertising on this website is available to all users. Please email the administrators, using the contact icon on the homepage, for advertising prices. The fee for this service is due on the date the advertisment is posted on the website. Please note that arrangements can be made to pay on a 30 or 60 day term. If a situation arises where a payment does not meet the deadline we reserve the right to remove the advertisement from it position on CropCricket.com.

Due to the fact that there may be many people advertising on the website we may be forced to put advertising on a rotational bases. If this is the case, you will be informed of such action and you will be guarantee a specific amount of time and ad exposure (i.e. 20 time a day, 2 minutes each time).

Before advertising with CropCricket.com be sure to review the different types of items that are bought, sold, or traded. We do not guarantee that your business will sell more because it is posted on our site. In addition, be aware that we cannot control all the postings on the website at all times. If someone posts an ad that offends you to the point where you want your advertisement pulled, we will gladly do so, however we will not reimburse you for the money paid for the advertising space. Lastly, be aware that your competitors may have also purchased advertising space and that it may be running at the same time as yours.

General Information

This terms of use policy along with the other policies posted on the website constitute the entire agreement between yourself and CropCricket.com. This agreement is governed by the laws of Canada. We both submit to the non-exclusive jurisdiction of the provincial and federal courts of Canada. This won't affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail.

Please note that the administrators or the website (CropCricket.com) is not apart of the transaction. We are just a medium in which you can find people that are buying, selling, or trading garden items. Therefore, we take no responsibility for issues that may arise between you and another user. For example, the following types of scenerios may arise that we will take no responsibility for:

Copyright, trademark or personal property issues.
We are not responsible for ANY garden items being exchanged. Nor are we responsible for ANY damage that the product could have on your personal property, including your garden or home.
We are not responsible for any taxes that you may be required to pay on items bought and sold.
Illegal items, which will be reported to local authorities.
We are not responsible for any plants or gardening material that don't arrive as advertised. This includes plants that have been dug/split, transported and re-planted.

Do You Need Some Questions Answered?

All questions can be directed, by email, to the administrators at CropCricket.com. Please select the contact us icon on the home page and submit your question. All responses or notices that we have for you will be sent via the email address you provide or by registered mail. Please note that notices sent via registered mail are deemed received five business days after the date it was sent. In addition, we have the right to update this agreement at any time, with changes taking effect the next time you use our service or 30 days after the changes, whichever is sooner. No other changes will be effective unless it is sent in writing with the users signature and ours. Please send all questions, comments, or complaints to CropCricket.coms' administrators. Select the contact icon on the home page to connect with us.