Share My Garden Terms of Service
Share My Garden Terms of Service
Welcome to Share My Garden, the online gardening community where gardeners
communicate through an online system of geographic locations and mutual
interests. The ShareMyGarden.com network is operated by Share my Garden
Inc. By using the sharemygarden.com website you indicate that you understand
and agree to abide (be bound) by the Terms of Use. ShareMyGarden.com
reserves the right to change or modify these terms of use. All changes
will be posted on this page and ShareMyGarden will alert users. Your
continued use of this site after posted changes will signify your acceptance
of any and all changes. Read these Terms of Services carefully and indicate
your acceptance of them if you wish to register as a member to use Share
My Garden services to communicate with other members on the Web Site.
Do this by following the required instructions on the signup page.
This written Agreement sets out the legally binding terms of your membership
in the Service and use of Share My Garden Web site; Your membership may
be modified by Share My Garden management staff at any point in time without
prior notice and will take effect upon posting on Share My Garden's Web
Site.
Share My Garden's acceptable use policy for the content posted on the
website, Share My Garden's Privacy Policy and notices regarding Share My
Garden is included in this agreement.
Eligibility
In order to register as a Share My Garden's member you need to fourteen
years of age or over. Any membership in the Service is automatically
void where prohibited. As a member and in use of the Web site’s
services, you represent and warrant that you have the right, capacity
and authority to enter into this particular agreement and will abide
by all of the terms and conditions of this Agreement.
Terms
While using the Web site services and/or are a Member; this Agreement will
remain in full force and effect. You are free to terminate your membership
at any time you wish, for any reason by following the instructions stated
on the Cancel Account page in Account Settings. Share My Garden reserves
the right to terminate your membership at any time, for any reason. This
agreement will still remain in full effect even after your membership
has been terminated.
Non-Commercial Use by Members
All Organizations, companies, and/or businesses alike may not become Members
and should not use the Share My Garden Service or the Web site for any
purpose. Share My Garden Web Site service is meant for personal use of
the individual Members and non-profit gardening groups only; and may
not be used in connection with any commercial activities or endeavors.
The following include illegal and/or unauthorized uses of the Web site:
Collection of usernames and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Web site will be investigated thoroughly,
and the appropriate legal action will be taken, including without limitation,
criminal, civil and injunctive redress.
Full Proprietary Rights in Content on Share My Garden
Except for that information which is in the public domain or for which
you have been given a written permission, you do not have the right to
copy, publish, modify, transmit, perform, display, distribute or sell
any other proprietary information. Share My Garden owns and retains all
proprietary rights in the Share My Garden Web Site and its Service. The
Web Site contains the copyrighted material, trademarks, and other proprietary
information of Share My Garden, and its licensors.
Content Posted on the Site.
- As a registered member on Share My Garden Web Site, your profile
must describe you (an individual person). Examples of in-appropriate
profiles include the following (But are not limited to): a real individual
who is not you.
- You understand and agree that Share My Garden reserves
the right to review/edit delete any content, photos, messages or
profiles (collectively, "Content")
that in Share My Garden’s sole judgment violate this Agreement
or which might be illegal, offensive, or that might violate the rights,
threaten the safety of other members, or harm them in anyway.
- All
content, text, photos, etc. uploaded by the user remains the exclusive
property of the user. By displaying content on ShareMyGarden.com
you grant ShareMyGarden permission to publicly display, reproduce
and distribute said content solely through the ShareMyGarden service.
The license you grant to ShareMyGarden for sharing your content is non-exclusive,
(you are free to license your content to anyone else), fully paid
and royalty free, (ShareMyGarden is not required to pay you for the
Content you post,) sublicensable (so ShareMyGarden is able to use the
internet to provide the ShareMyGarden service) and worldwide (because
the internet is worldwide). The license does not allow ShareMyGarden
the right to sell your content or distribute it (without your permission)
outside of the ShareMyGarden service.
- You are solely responsible for
the Content that you display or publish (hereinafter, "post")
on the Service Web Site, or transmit to other Share My Garden Members.
- It’s possible unauthorized users may solicit to add you and/or
accept you as a Share My Garden member friend. Even though all of
the above is strictly prohibited on Share My Garden, there is still
a small chance that you may become exposed to such items and you
further waive your personal right to any damages (from any party) related
to any such exposure.
- You agree to use the Service in a manner consistent
with any and all applicable laws and regulations.
- The following below
is a partial list of the kind of content that is considered illegal
or prohibited on the Share My Garden Web Site. Share My Garden reserves
the right to investigate fully and take any appropriate legal action
in its sole discretion against anyone who violates this provision;
including without limitation, removal of the offending communication
from the Service and automatically terminating the membership of
such violators. It includes Content that:
- is patently offensive to the online community, such as Content
that promotes bigotry, racism, hatred or physical harm of any
kind against any group or individual;
- promotes information that you are aware is false,
promotes illegal activities or misleading or conduct that is
threatening, abusive, obscene, libelous or defamatory;
- involves the transmission of "chain letters," "junk
mail", or unsolicited mass mailing or "spamming";
- advocates harassment or harasses another person;
- promotes any illegal or unauthorized copy of someone else’s
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to
pirated music files;
- contains password only access pages or restricted pages, or
hidden pages or images (those not linked to or from other accessible
page);
- displays any form of pornographic or sexually explicit material
of any kind;
- provides material that exploits persons under the age of eighteen
in a violent or sexual manner, or solicits the personal information
from anyone under eighteen;
- provides instructional information about any illegal activities
such as buying or making illegal weapons, providing or creating
any computer viruses or violating a person’s privacy;
- engages in commercial activities and/or sales without any prior
written consent from us; such as: sweepstakes, contests, sweepstakes,
advertising, barter and pyramid schemes;
- solicits personal identifying information for commercial or
unlawful purposes from other users or passwords;
- You may not transmit any form of chain letters or junk email to other
Members. You may not engage in advertising to, or solicitation of,
other Members to buy or sell any of your or others products or services
through the Share My Garden Service. Although Share My Garden cannot
monitor the conduct of its Members off the Share My Garden Web site,
it is still considered a violation of these rules to use any information
obtained from the Share My Garden Service in order to abuse, harass,
or harm another person, or in order to advertise to, contact, solicit,
or sell to any of the Share My Garden Members without their prior explicit
consent. In order to protect our Members from such solicitation or advertising,
Share My Garden reserves the right to restrict the number of emails,
which any Member may send to other Members in any twenty four hour period
to a number, which Share My Garden deems appropriate in its sole discretion.
Member Disputes
Interaction between Share My Garden members is your sole responsibility.
Share My Garden, Inc. reserves the right, but has no obligation, to monitor
disputes between you and any other Members.
Privacy
Our Privacy Policy also governs the use of the Share My Garden Web site
and/or its Services.
Disclaimers
Share My Garden is not responsible for any inaccurate or incorrect Content
posted on the Web site or in connection with the Service; whether caused
by users of the members or users of the Web site, or by any of the equipment
or programming utilized or is associated in the Service. Share My Garden
assumes no responsibility for any interruption, omission, error, delay
in operation, deletion, defect, communications line failure, destruction,
theft or unauthorized access to, or alteration of any user or Members
communications. Share My Garden is not responsible for the conduct, whether
online or offline, of any user of the Share My Garden Web site or Member
of the Service. The Web site and the Service are provided "AS-IS" and
Share My Garden expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Share My Garden is not responsible for any
technical malfunctions or problems of any telephone network or lines,
computer online systems, computer equipment, servers or providers, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any web site or combination thereof,
including damage or injury to users and/or Share My Garden Members or
to anyone’s computer related to or resulting from downloading material
or participating in connection with the Web and/or in connection with
the Share My Garden Service. Under no circumstances will Share My Garden
be responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Share My Garden Web site or the Service,
any Content posted on the Web site or transmitted to Members, or any
interactions between users of the Web site, whether online or offline.
Share My Garden cannot guarantee and does not promise any specific results
from use of the Web site and/or the Service. The service may not be available
temporarily from time to time for maintenance purposes or other reasons.
No advice or information, whether written or oral, obtained by Share
My Garden users or through or from the service itself shall create any
warranty not expressly stated herein.
Copyright Policy
You may not post, reproduce, or distribute in any way any copyrighted material,
trademarks, or other proprietary information of Share My Garden without
obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe that your work
has been copied and posted on the Service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Share My Garden Web site;
your address, telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event
will Share My Garden be liable to you or any third person for any exemplary,
indirect, consequential, incidental, special or punitive damages, including
also any lost profits arising from your use of the Share My Garden Web
site or the Services, even if Share My Garden has been advised of the
possibility of such form of damages. Notwithstanding anything to the
contrary contained herein, Share My Garden's liability to you for whatsoever
cause, and regardless of the form of the action, will at all times be
limited to the amount that is paid, if any, by you as a member to Share
My Garden for the Service during the term of the membership.
Indemnity
You agree to hold and indemnify Share My Garden, affiliates, its subsidiaries,
agents, officers, and other partners and employees, harmless from any
loss, claim, liability, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Share
My Garden Service in violation of this Agreement and/or arising from
a breach of this Agreement and/or any breach of your representations
and warranties set forth above. If You are a California resident, you
waive California Civil Code Section 1542, which says "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which,
if known by him must have materially affected his settlement with the
debtor."
No Agency
There is no partnership, employee-employer, agency, franchise or-franchisee
or joint venture, relationship between Share My Garden and any User of
the Share My Garden Service.
Other
This Agreement, accepted upon use of the Share My Garden Web site and further
affirmed by becoming a registered Member of the Service, contains the
entire agreement between you and Share My Garden regarding the use of
the Web site and/or the Service. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full
force and effect. Failure of Share My Garden to enforce or exercise any
right or provision of these stated Terms of Service shall not constitute
a waiver of such right or provision. The section titles in these Terms
of Service are for convenience only and have no legal or contractual
effect.
Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
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