Terms and Conditions
Last Updated on: August 17, 2023
These Terms and Conditions (the “Terms” or “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Garden Productions LLC ( the “Company," “we," “us," or “our”), concerning your access to and use of “The Garden!” mobile application (the “App”), including without limitation your consent for your child to use the App.
PLEASE CAREFULLY READ THE TERMS IN ITS ENTIRETY PRIOR TO DOWNLOADING AND/OR USING THE APP. IF YOU OR YOUR CHILD ACCESS OR USE ANY PART OF THE APP, YOU AGREE TO BE BOUND TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU AND YOUR CHILD MUST NOT USE THE APP
We provide access to the App subject to your compliance with the mandatory terms set forth below. In our sole discretion, we may revise or update the Terms from time to time by posting a revised, updated, and/or modified version. Any changes will take effect immediately and your use of the App following the posting of a modified version constitutes your acceptance of the same.
Should you have any questions or concerns regarding the Terms, please contact us at the email address below.
SECTION 1: PARENTAL CONTROL AND
CONSENT FOR CHILDREN’S MOBILE APPLICATION
Our App is intended to be used by minors only with the consent, oversight, and under the control of their parents or legal guardians. The App offers a parental user access to certain features, such as the ability to create minor account(s) and/or purchase a subscription.
We acknowledge the importance of protecting the privacy and safety of children who are under the age of 13. For this reason, we comply with the Children’s Online Privacy Protection Act (COPPA) and require parental consent for the collection, use, and disclosure of personal information from children under 13 years old.
By using the App, you, as the user and/or parent or legal representative of a child under 13 years of age, agree to the following:
You as the parent or legal representative are responsible for ensuring your child's safe and appropriate use of the App, and we encourage you to supervise their activities while using the App.
We are not responsible for any content that is created or shared by children on the App.
We also provide a parent portal within the App where you can make in-app purchases, register a child with their name and age, and review the child’s watch history.
SECTION 2: PUSH NOTIFICATIONS
By downloading and using the App, you consent to receive push notifications from us. These notifications may include alerts, updates, promotional messages, and other information related to the App’s features and content. We reserve the right to modify the push notification settings, frequency, and related features at any time without notice.
Opting In and Out. You have the option to opt in or out of receiving push notifications from the App. You can manage your notification preferences within the mobile application settings or through your device's settings. Please note that opting out of push notifications may affect your user experience and your ability to receive important updates.
Frequency. We strive to limit the frequency of push notifications to ensure they provide relevant and valuable information without causing annoyance to our users. However, in some cases, you may receive occasional urgent notifications related to essential updates or mobile application maintenance.
Promotional Content. From time to time, we may send push notifications that contain promotional content, such as offers, discounts, or special events. By consenting to receive push notifications, you acknowledge and accept the possibility of receiving such promotional messages.
Unforeseen Circumstances. While we endeavor to deliver push notifications in a timely manner, there may be unforeseen technical or operational issues that could affect the delivery of notifications. We shall not be held liable for any damages or losses resulting from the non-delivery, delayed delivery, or misinterpretation of push notifications.
Pause or Termination of Use. If you decide to stop using the App, you can disable push notifications through your mobile application settings or device settings. Alternatively, if you uninstall the mobile application, you will no longer receive push notifications.
SECTION 3: IN-APP PURCHASES
Certain aspects of the App may require an in-app purchase. Upon downloading the App, you are granted free access to one free episode and one free Bible lesson. We offer a subscription service that provides you with access to additional episodes and Bible lessons beyond the free content available.
Subscriptions. Subscription fees will be automatically charged to the payment method provided during the subscription signup process. We offer two subscription plans:
Monthly subscription: You can subscribe to a monthly subscription for $4.99 a month which gives you access to the full library of episodes and Bible lessons.
Yearly subscription: You can subscribe to a yearly subscription for $49 per year which gives you access to the full library of episodes and Bible lessons.
Recurring Billing and Payment Authorization. By purchasing a subscription, you authorize us and/or the third party payment processor to charge your debit or credit card on a monthly or yearly basis depending on what you selected. The billing cycle will commence on the date of your initial purchase and continue at the specified intervals until you cancel your subscription.
Purchase Policy. We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of our App; errors in the description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction. We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your purchase. Should the prices change, you will have the right to cancel your order.
Purchase Terms. If you pay for our subscription service by credit or debit card, you authorize and provide permission for us and our related third-party vendors to charge your credit or debit card in the amount owed for payment. You agree not to dispute any charges made to your credit card under any circumstances (i.e. chargebacks). If you inadvertently do so, you agree to immediately cancel or withdraw such a dispute and we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. You are responsible for any fees associated with recouping payment on such disputes and any collection costs associated, including attorney’s fees. When you purchase our subscriptions services and/or other products/services, your personal information (i.e. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.
Termination of Subscription. We reserve the right to terminate your subscription without notice or a refund under the following circumstances:
A. Violation of the Terms and Conditions: Failure to comply with the terms and conditions outlined herein may result in immediate termination of your subscription without prior notice.
B. Non-Payment: Failure to make timely payments for the subscription fee may lead to suspension or termination of your subscription.
C. Unlawful Use: Engaging in unlawful or unethical activities while using our services, products and/or App may lead to the immediate termination of your subscription.
D. Abuse of Services: If we detect any abuse of our services or any action that may harm our platform or other users, we reserve the right to terminate your subscription.
Cancellation and Refunds. You have the right to cancel your subscription at any time. Canceling a subscription will stop any future billing, but you will continue to have access to the full content until the end of the current billing period. Your cancellation will take effect at the end of the then-current billing cycle. We do not offer refunds for unused portions of a subscription. After cancellation, you will lose access to all subscription-related content, resources, and benefits on the App.
Age Requirement. You must be of legal age or have express permission of a parent or legal guardian to subscribe. If you are under the age of majority, you must obtain parental or legal guardian consent before subscribing.
Third-Party Processor’s Term & Conditions. All payment transactions are administered by a third-party payment processor or third-party Store (i.e. Google Play, Apple’s App Store) and, thus, any in-app purchases are also subject to the third-party’s terms and conditions from which you paid and downloaded the App. You are encouraged to review and understand the app store’s own policies and procedures before downloading and making in-app purchases. We expressly disclaim any liability for the processing of any transactions by a third party, including without limitation any breach in security.
In-App Changes. We reserve the right to modify, update, cancel, suspend, or discontinue any in-app purchase or aspect of the subscription, including the content, features, and pricing, at our discretion and without prior notice. However, such changes will not affect in-app purchases that you have already made.
Unauthorized Purchases. If you believe that an unauthorized in-app purchase has been made from your account, please contact our support team immediately to investigate and rectify the situation.
Your Responsibility. You are solely responsible for any in-app purchases made from your account, whether authorized by you or someone else who has access to your device. Please take appropriate precautions to prevent unauthorized access to your account and payment information.
SECTION 4: COPYRIGHT NOTICE
AND MOBILE APPLICATION LICENSE TO USE
Our App and the content therein is protected by the copyright laws of the United States of America (“U.S.). You understand that we own the App and the content therein, which is our intellectual property.
You may download the App for your own personal and non-commercial use.
License to Use. By downloading our App, we grant you a revocable, non-assignable, non-transferable, non-sublicensable, non-exclusive, limited license to install and use our App on a wireless electronic device owned and controlled by you and to access and use the App on such devices strictly in accordance with these Terms. You shall not to do the following: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application (the “License”).
We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action without a refund. If you provide unauthorized access to your account and subscription or copy, resell or steal our App and its content, you agree to pay for the number of licenses stolen.
SECTION 5: MOBILE DEVICES
Wireless Charges. You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the App or to receive communications from us.
Mobile Software. These additional terms apply when you use our App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our App: (1) the License granted to you for our App is limited to a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to our App as specified in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the License contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in these Terms against you as a third-party beneficiary thereof; (7) you agree not to modify, transfer or distribute the mobile software or App, in whole or in part; and (8) we make no guarantee that the App will be compatible with your device.
SECTION 6: RELIGIOUS DISCLAIMER
The Garden! mobile application is a Christ-centered children's application aimed at teaching kids the gospel in a simple, fun, and entertaining way. By using this App, you acknowledge and agree to the following:
Faith-Based Content. The content, including cartoons, stories, illustrations, and teachings, presented within the App is based on Christian beliefs and teachings. It is intended to provide children with an understanding of the Christian faith in an age-appropriate manner.
No Proselytization or Evangelism. While the App is centered around Christian values and teachings, it is not intended to be used as a tool for proselytization/evangelism, to offend, or to convert users to any specific religious beliefs. We respect and value all belief systems and welcome users of all faiths and beliefs.
Parental Guidance. We encourage parents and legal guardians to review the content provided in the App to ensure that it aligns with their own religious and family values. Parents should supervise their children's usage of the App to facilitate meaningful discussions about faith and beliefs.
Personal Interpretation. The teachings and messages conveyed within the App are presented in a simplified and engaging format suitable for children. Individual interpretations of religious concepts may vary, and you are encouraged to seek additional guidance from religious leaders or teachers for deeper understanding.
Non-Endorsement. The inclusion of any references to specific religious figures, scriptures, or traditions within the App does not imply endorsement or affiliation with any particular religious organization or denomination.
SECTION 7: ACCOUNT CREATION
You may be required or permitted to create user accounts to access or use certain aspects of the App. If you create an account, then you represent and warrant that you have the authority to bind yourself to these Terms, and hereby do so. You agree that any registration information you give to us will always be accurate, correct, and up to date. You agree not to transfer, resell, or otherwise convey your account or the right to use your account to anyone. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose.
In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password.
Any violation of these terms are grounds for removal and banishment from our App at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
SECTION 8: TESTIMONIAL DISCLAIMER
Our App may contain testimonials by users of our App. The testimonials provided by users are voluntary and reflect their genuine experiences with the App. We do not endorse or guarantee any specific results of all users. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary. The views and opinions expressed in these testimonials are solely those of the individual(s) or business and do not reflect our opinions or views. We do not pay or compensate these individual(s) or businesses for their testimonials and are not affiliated with them.
SECTION 9: PROHIBITED ACTIVITIES
By downloading our App, you agree not to: (1) attempt to interfere with the operation of the App in any way; (2) copy, reproduce, distribute, transfer, sell, license, publish, display, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend, or sublicense any part of the mobile application's service without explicit authorization, except as authorized herein; (3) use any viruses, worms, bug exploits, or similar data-gathering and extraction tools, frame any portion of the App or tamper, hack, corrupt, or impair the administration or security of the App; (4) assign, sublicense, pledge or transfer any of your rights or obligations under these Terms without our prior written consent; (5) use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the App; (6) use the Service for any commercial purposes, including sending "spam" or any malicious or disruptive communications; (7) decompile, reverse engineer, disassemble, or otherwise reduce the code used in any App; (8) intercept, record, or modify network communications transmitted between our App, mobile software or digital rights management features and our networks or systems; or (9) exploit or harm children, directly or indirectly.
SECTION 10: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in our App that contains typographical errors, inaccuracies, or omissions that may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in that information.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, platform, App, and the like. It is your responsibility to check the appropriate Terms periodically for changes. Your continued access and/or use of the App following the posting of changes constitutes your acceptances of those changes.
We also reserve the right to modify the contents and/or information on or in our App at any time, but we have no obligation to update any information or notify you of those changes. You agree that it is your responsibility to monitor changes to our App.
SECTION 11: INDEMNIFICATION
SECTION 12: DISCLAIMERS OF WARRANTIES
AND LIMITATION OF LIABILITY
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS REPRESENTATIVES AND/OR AGENTS, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON OUR APP OR IN THE CONTENT BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR APP OR CONTENT. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR APP AND CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION OR CLAIMED HARM/DAMAGES WITH THE APP OR CONTENT IS TO STOP USING THE APP, CONTENT AND/OR SERVICES.
Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, the App and Content is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE APP AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THE APP OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties from our App or content therein shall create a warranty not expressly stated in these Terms.
We also reserve the right to modify or discontinue, either temporarily or permanently, the App, our services, subscription, and content, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the App or content without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the App or its content.
SECTION 13: GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
The headings or subheadings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Informational & Educational Purposes Only. The information provided in the App is for general educational and informational purposes only. It should not be relied upon or used as the sole basis for decision making related to your or your child’s personal life or otherwise, without consulting primary, more accurate, more complete or more timely sources of information. You understand and acknowledge that the information provided to you by us is not legal, financial, therapeutic, mental health, medical advice or health and wellness advice, or professional advice and that we are not a professional service provider. You are encouraged to seek professional advice or consult with a qualified expert regarding specific concerns or inquiries.
Assumption of Risk. You use our App at your own risk. Your use of our App and the content therein is solely voluntary, and you accept that we are not responsible or liable for any harm or damages to you or your child, your life or theirs, including without limitation physical and mental health, financial, or otherwise, caused by or resulting from your use of, or your child’s use of, our App, including any actions you or your child choose to make, or not make, as a result of using our App.
Investigations, Suspensions, and Termination. You agree that we have the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your account and refuse you access to your account, our services, or our App (or any portion thereof) for any reason, including if we believe the information you provide is not correct, current, or complete, or that you have otherwise violated these Terms or any applicable law. You agree that we may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your account or use of services and/or App, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF THESE INVESTIGATIONS.
International Use. We make no representation that every aspect of the App is appropriate or available for use in any particular jurisdiction. When you choose to access and use the App, you agree that:
you do so on your own initiative and at your own risk;
you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States;
you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.
If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.
App Updates. We may choose to make available updates, bug fixes, or other changes or enhancements to the App from time to time; such updates may be automatic, at your choice, or mandatory if you wish to continue using the App, at our discretion.
Severability. If any term or provisions in these Terms are found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from these Terms and will not have any effect on the validity or enforceability of the Terms and any remaining terms and provisions.
Prompt Enforcement. The failure of either party to promptly enforce any of the terms within these Terms shall not be deemed to be a waiver of enforcement or implied modification of the Terms regardless of the number of times or the frequency with which any such term is violated.
Term. These Terms shall commence upon your download and installation of the App and will remain in effect until terminated by either Party.
Termination. You may terminate these Terms by deleting the App from your device. Upon termination, your access to the App’s features and content will cease. We reserve the right, in our sole discretion, to immediately terminate your use of or access to our App and its content and revoke your limited license for any reason. It is within our sole discretion to allow you to use or access our App. We may revoke your use or access to our App without notice to you. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Dispute Resolution - Mandatory Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each "Dispute" and collectively, the “Disputes”) brought by either you or us, we both agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any legal action. Such informal negotiations commence upon written notice from one party to the other party.
Governing Law. Unless otherwise specified, the App is controlled and operated by us from our California location. Thus, any disputes arising out of or in connection with these Terms or our App shall be governed and construed by California’s state or federal courts, apply California law, regardless of principles or conflicts of law.
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our App, shall be brought within the State of California, County of Los Angeles and to a courthouse nearest to the City of Calabasas.
Class Action Waiver. You agree that any dispute arising out of or relating to these Terms shall be solely between you and the us.
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding the Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us.
No Guarantees. We cannot guarantee any outcome of using, consuming, participating or applying our information. We make no guarantees other than that the App shall be reasonably provided to you in accordance with these Terms. You acknowledge that Company cannot guarantee any results of the App as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by the Company. Users not achieving his or her desired results is not grounds for a refund, partial or otherwise.
Maximum Damages. The sole remedy for any actions or claims by you against the Company shall be limited to and shall not exceed $100.00.
Attorney’s Fees. In the event of any controversy, claim or dispute between us, arising out of or related to these Terms or the breach of these Terms, the prevailing party shall be entitled to recover from the other party all costs incurred including attorney’s fees.
Sale of Business or Assets. In the event that the Company or substantially all of its assets are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, reorganization, or restructuring, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.
Collection Costs. Should you purchase a product, service, and/or subscription from us and fail to make payment, you will owe the total amount of outstanding payments with interest and any collection fees/costs, including but not limited to attorney’s fees and costs.
SECTION 14: CONTACT US
Questions or concerns about these Terms should be sent to us at: email@example.com