Terms of Service
ShroomID
Effective Date: February 2, 2021
This Terms of Service is a contract entered into by and between You (“you” or “User”) and ZH Creations, LLC (“ZH Creations”, “We” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Policy, the “Terms of Service” or “Terms”) govern your access to and use of https://shroom-id.web.app/ (“Website”), our ShroomID iOS App and Android mobile application (“App”) and any software, application, content, functionality, and services (collectively, the “Services”) offered by us, whether as a guest or registered user.
Please read the Terms of Service carefully before you start to use our App or access our Services. This agreement is an electronic contract that sets out legally binding terms. These Terms will remain in full force and effect while You use the Services. By using our App and Services, you accept and agree to be bound and abide by these Terms.
IF YOU DO NOT NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS WITHIN THIS TERMS OF SERVICE OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE OUR APP OR OUR SERVICES.
Contents
SUBSCRIPTION PLAN AND PAYMENT 5
TERMS OF SERVICE VIOLATIONS AND TERMINATION 8
INTELLECTUAL PROPERTY RIGHTS 8
THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS 9
ACCESS OF THE SITE OUTSIDE THE UNITED STATES 12
CONSENT TO USE ELECTRONIC RECORDS 12
The Services are intended for users 18 and older. By accessing or using the Services, You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms. If you are not at least 18 years old, you must not use the Services.
Our Services are for informational purposes only. While we make every effort to ensure our Service is accurate, ZH Creations does not warrant or make any representations, and disclaims any liability concerning the accuracy, likely results, safety, or reliability of any material identified through the App or any information contained on the Service.
Many mushrooms, fungi, plants, berries, and flora may be poisonous and consumption of such items may lead to adverse health effects, including allergic reactions, serious injury or death. Never consume any substance you are not absolutely sure is edible. You should consult your local mycological expert before interacting with any mushroom. By using our Services, you agree and acknowledge that ZH Creations is not liable for any claim, including for injury or death, related to you or any third party’s consumption of or interaction with any mushroom or other material located on or identified through the Services.
ZH CREATIONS DOES NOT ADVISE, RECOMMEND, OR ENDORSE IN ANY WAY THE CONSUMPTION OF ANY MUSHROOM OR ANY OTHER MATERIAL IDENTIFIED OR LOCATED THROUGH OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK.
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website and App. All changes are effective immediately when we post them. ZH Creations may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website and App, and emailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.
ShroomID enables you to identify mushrooms, berries, and plants of all kinds. Using our proprietary technology, we can determine species/genus/family based off pictures uploaded from your phone.
You may register for a user account (“Account”) on the App or Website. Registered users will be able to access the full array of features, including the ability to identify mushrooms, berries, vegetables, and other flora found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account.
You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential. You acknowledge that ZH Creations is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.
Once you have registered an Account, you may be able to update your interests, upload photographs, and otherwise post content (“User Content”) on ShroomID. Your submission of User Content is subject to our User Content standards, below. User Content may be visible to all users on ShroomID as well as members of the public. By providing any User Content on ShroomID, you grant us and our affiliates, service providers, licensees, successors, and assigns a irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
User Content Standards
We strive to make ShroomID an informative and enjoyable experience for everyone. We do this, in part, by maintaining and enforcing our User Content Standards. These User Content Standards apply to any User Content of yours, including, but not limited to, any photographs you upload and any messages you send through ShroomID.
All User Content MUST NOT:
To ensure our Content Standards, We have the right to:
Because We cannot control what users may post, We are not responsible or liable to you or any third party for any User Content posted by you or any users on the Service. User Content is the sole responsibility of the user who posts it and ZH Creations cannot guarantee that all User Content will comply with these Terms. Please let us know of any violations of our Content Standards or these Terms by contacting us at: zhcreations.llc@gmail.com
ShroomID lets you identify three times per day for free. Additional identifications require a subscription plan (“Plan”). If you purchase a Plan, you may make unlimited identifications on the App.
ShroomID may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, other payment platforms authorized by ZH Creations. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize ShroomID or the third party account, as applicable, to charge you.
Automatic Renewal
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on ShroomID) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. Deleting your account on ShroomID or deleting the ShroomID application from your device does not cancel your subscription; ShroomID will retain all funds charged to your Payment Method until you cancel your subscription on ShroomID and/or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Refunds
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of ShroomID) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing ShroomID notice in the same manner as you request a refund as described below.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not ShroomID. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through ShroomID directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or ShroomID (you can find this on your confirmation email).
You may use our Services only for lawful purposes as an individual seeking a relationship in accordance with these Terms of Service. You agree NOT to use the App or Services:
Additionally, you agree not to:
Any violation of these Terms of Service shall result in immediate account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of ZH Creations's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the App or by contacting us at: zhcreations.llc@gmail.com. If you delete your Account, ZH Creations may still retain certain information associated with your account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Services and our users, or take other actions otherwise permitted by law. As well, if certain information has already been provided to third parties as described in our Privacy Policy, retention of that information will be subject to those third parties’ policies.
The Services and its entire contents, features, and functionality (including but not limited to the, Website, software, App, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the ZH Creations, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
ZH Creations hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service for your personal, non-commercial use on one compatible device, in accordance with the terms set forth in this Terms of Service and any applicable App store Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.
The ZH Creations and ShroomID name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of ZH Creations or its affiliates or licensors. You must not use such marks without the prior written permission of ZH Creations. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
If you believe the material contained within the Services violates your intellectual property rights, please contact ZH Creations at: zhcreations.llc@gmail.com.
The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.
You agree to indemnify and hold ZH Creations, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless ZH Creations and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of New Jersey.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without ZH Creations’s prior written consent in the form of a written instrument signed by a duly authorized representative of ZH Creations. ZH Creations may freely assign this Terms of Service without the User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will insure to the benefit of the successors, heirs, and permitted assigns of the parties.
No waiver by ZH Creations of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ZH Creations to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In order to access or use the Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your license to use the Services will be immediately revoked.
In connection with the Terms of Service, you may be entitled to receive certain records
from ZH Creations or our Affiliates, such as contracts, notices, and communications, in writing. To
facilitate your use of the Services, you give us permission to provide these records to you
electronically instead of in paper form.
This Terms of Service, constitute the sole and entire agreement between you and ZH Creations and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.
For questions or concerns related to these Terms, please contact us at: zhcreations.llc@gmail.com