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Terms of Service

Last Updated: June 4, 2025

Introduction

Welcome to the Rowen website ("Site"). These Terms of Service ("Terms") constitute a legally binding agreement between TALISMAN ("we", "us", "our") and you ("you", "your"). These Terms govern your use of our website and participation in Rowen's mission to transform NYC's vacant lots into community gardens.

By using this website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

Contact Information

Email: info@talismanco.com

What These Terms Apply To

These Terms apply to:

  • Your use of our website and all content therein
  • Participation in Rowen's community gardening initiatives
  • Volunteer activities coordinated through our platform
  • Newsletter subscriptions and communications
  • Any donations made through our website
  • Community partnerships and collaborations

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via:

  • Email notification to registered users
  • Prominent notice on our website
  • Updated "Last Updated" date

Your continued use of the website after changes are posted constitutes acceptance of the modified Terms.

Acceptable Use of the Website

Permitted Uses

You may use our website to:

  • Learn about Rowen's mission and community gardening initiatives
  • Sign up for newsletters and volunteer opportunities
  • Make donations to support our work
  • Contact us with questions or partnership proposals
  • Share our content for non-commercial, educational purposes

Prohibited Uses

You may not use our website to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious software or harmful content
  • Engage in harassment or discriminatory behavior
  • Attempt unauthorized access to our systems
  • Use our platform for commercial purposes without permission
  • Post false, misleading, or defamatory content

Donations and Fiscal Sponsorship

Donation Processing

  • All donations are processed through Social Impact Fund (SIF), a 501(c)(3) charitable organization
  • Donations are tax-deductible to the full extent allowed by law
  • We do not store credit card or payment information on our servers
  • Donations will be acknowledged by SIF will be provided by Social Impact Fund
  • All donations to Rowen via SIF are made without restrictions or for specific purposes

Donation Use

Donations support Rowen's mission to create community gardens from NYC's vacant lots, including:

  • Operational expenses
  • Fabrication and production costs
  • Volunteer supplies and tools
  • Community engagement and education programs
  • Maintenance and ongoing support

Intellectual Property Rights

Our Content

All content on this website, including but not limited to:

  • Text, graphics, logos, images, and multimedia content
  • The Rowen botanical puppet design and concept
  • Mission statements and educational materials
  • Software and website functionality

is owned by TALISMAN or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

Your License to Use

We grant you a limited, non-exclusive, non-transferable license to:

  • View and browse website content for personal use
  • Share our content for non-commercial, educational purposes
  • Download materials for personal reference (with attribution)

Restrictions

You may not:

  • Modify, reproduce, or distribute our content without permission
  • Use our branding or logos without written consent
  • Create derivative works based on Rowen's design or concept
  • Remove copyright or proprietary notices

User-Generated Content

If you submit content to our website (comments, photos, testimonials), you:

  • Grant us a license to use, display, and share that content
  • Represent that you own the rights to such content
  • Agree that the content does not violate any laws or third-party rights

Volunteer Activities and Community Participation

Volunteer Participation

When participating in Rowen volunteer activities:

  • You participate at your own risk
  • You agree to follow safety guidelines and instructions
  • You consent to photography/video for promotional purposes (unless you opt out)
  • You represent that you have the physical ability to participate safely

Community Guidelines

All participants in Rowen activities must:

  • Treat others with respect and dignity
  • Follow environmental protection guidelines
  • Respect private property and community spaces
  • Comply with local laws and regulations

Website Availability and Technical Issues

Service Availability

  • We strive to maintain website availability but cannot guarantee uninterrupted service
  • We may suspend service for maintenance or technical reasons
  • We are not liable for temporary unavailability or technical issues

User Responsibility

You are responsible for:

  • Obtaining internet access and necessary equipment
  • Protecting your account information and passwords
  • Ensuring others don't access the site using your device without permission

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Disclaimers and Limitations of Liability

Website Content

  • Website content is provided "as is" without warranties
  • We make no guarantees about accuracy, completeness, or reliability of information
  • You use the website at your own risk

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages resulting from website unavailability or technical issues
  • Third-party actions or content

Exceptions

Nothing in these Terms limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Other liability that cannot be excluded by law

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of the website
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your participation in Rowen activities (to the extent permitted by law)

Termination

Our Right to Terminate

We may terminate or suspend your access to the website if you:

  • Violate these Terms
  • Engage in prohibited activities
  • Pose a risk to our community or mission

Your Right to Terminate

You may stop using our website at any time. If you wish to delete your account or data, please contact us at info@talismanco.com.

Effect of Termination

Upon termination:

  • Your right to use the website ends immediately
  • Provisions regarding intellectual property, liability, and indemnification survive
  • We may retain certain information as required by law or for legitimate business purposes

Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for:

  • The content or practices of third-party sites
  • Any transactions you conduct with third parties
  • The availability or functionality of linked sites

Governing Law and Jurisdiction

These Terms are governed by the laws of New York State, without regard to conflict of law principles. Any disputes will be resolved in the courts of New York County, New York.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the website.

Contact Us

For questions about these Terms, please contact us at:

Email: info@talismanco.com

By using the Rowen website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.