Terms of Use

Updated June 11, 2012

The gist

I am the owner and creator of a web service called PlantCatching. I strongly encourage all gardeners to use it. The service is currently free. You will acquire free plants from gardeners in your area and you will offer some of your own plants (whole plants, plant divisions, bulbs, seeds, ...). Offering your own plants to gardeners requires that you publish a small descriptive text for the item and deposit the item in a public or private emplacement, for pick-up by other gardeners. You are responsible for what you publish and give. The comments you publish must comply with rules set out below and be respectful of others and of PlantCatching. The plant that you give must also comply with rules set out below.

If you have any question about these terms and conditions, or if you find published items on our website or deposited for pick-up that you believe violate our terms of service, please notify us as soon as possible.

Terms of Use

The following terms and conditions govern all use of the PlantCatching website and all content, services and products available at or through the website (taken together, the "Website"). The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PlantCatching's Privacy Policy) and procedures that may be published from time to time on the Website by PlantCatching (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services offered thereon. If these terms and conditions are considered an offer by PlantCatching, acceptance is expressly limited to the terms set out herein. The Website is available only to individuals who are 18 years old or more and to younger individuals with parental supervision.

1. Your PlantCatching Account and Site - The Website can be used with or without an account. If you create an account on the Website (your "Account"), you are responsible for maintaining its security and for keeping your password confidential. If you do not create an account, there is an implicit account created for you and connected to your email address which shall be your "Account" for purposes hereof. You are fully and exclusively responsible for all the activities that occur under your Account and any other actions that you take in connection with the Website. You must not describe or assign content to the Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PlantCatching may change or remove any description or keyword that it considers inappropriate or unlawful, or which could otherwise result in PlantCatching's liability. You must immediately notify PlantCatching of any unauthorized uses of your Account, any breaches of security, or any content that you believe violates our terms of use. PlantCatching will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors - If you post content to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such content and material, physical or immaterial, collectively, the "Content"), you are fully and exclusively responsible for the Content and for any inconveniences, harm or damages resulting therefrom, regardless of whether the Content constitutes text, graphics or links, posted on the Website or physical items (such as plants, divisions, bulbs, seeds and their containers) deposited in a public or private emplacement for pick-up through the PlantCatching service.

   By making informational Content available on the Website, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, libelous or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the rights of any third party;
   • the Content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
   • the Content is not getting advertised on your own websites and social channels (like Twitter and Facebook) except if approved in writing by PlantCatching for exchange through an API explicitly offered by PlantCatching for this intent;
   • your Content is not named or formulated in a manner that misleads your readers into thinking that you are another person or company.

   By making physical Content available to third parties, you represent and warrant that:

   • the Content is offered under your name and your exclusive responsibility, and not under the responsibility of PlantCatching, which is merely a service used to find published Content;
   • the Content is comprised exclusively of: a specimen of vegetation (any such material, "Plant"), a basket of fresh fruits and vegetables produced in your own garden, a printed label attached to the Plant which complies with the Content published on the Website, a standard container for the Plant, a flyer advertising PlantCatching, or gardening materials like soil, compost, rocks and containers.
   • you shall not place it outside your home, property or any other emplacement if not allowed by the laws of the country/province/state/region/city of the emplacement in which the Content will be placed, found and used by third parties;
   • if placed outside your home, property or any other emplacement, the Content shall be safe and shall not present any risk of harm for third parties. You understand that you are fully responsible for any direct, indirect, incidental or consequential damages of any kind caused to any person or property;
   • the Plant must not be considered a noxious or invasive weed and its use or presence must not be otherwise restricted by the laws of the country in which the Plant is physically offered, found and used.
   • the Plant must not be considered or used as a species for the production and consumption of drugs by the laws of the country in which the Plant is physically offered, found and used.

   PlantCatching reserves the right to remove any Content from the Website for any reason whatsoever.

   PlantCatching reserves the right to ban any member from using the service for any reason whatsoever.

   If you delete Content, PlantCatching will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of the representations or warranties set out above, PlantCatching has the right (though not the obligation) to, in PlantCatching's sole discretion (i) refuse or remove any Content that, in PlantCatching's reasonable opinion, violates any PlantCatching policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PlantCatching's sole discretion.

3. Responsibility of Website Visitors - PlantCatching has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, PlantCatching does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions, as necessary, to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PlantCatching disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content posted.

4. Content Posted on Other Websites - We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PlantCatching links, and that link to plantcatching.com. PlantCatching does not have any control over those non-PlantCatching websites and webpages, and is not responsible for their content or their use. By linking to a non-PlantCatching website or webpage, PlantCatching does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions, as necessary, to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PlantCatching disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

5. Copyright Infringement - As PlantCatching asks others to respect its intellectual property rights, it intends to respect the intellectual property rights of others. If you believe that material located on or linked to by PlantCatching violates your copyrights, you are encouraged to notify PlantCatching. PlantCatching will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PlantCatching or others, PlantCatching may, in its discretion, terminate or deny access to and use of the Website.

6. Intellectual Property - This Agreement does not transfer from PlantCatching to you any PlantCatching or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PlantCatching. PlantCatching, the PlantCatching logo, and all other trademarks, service marks, graphics and logos used in connection with PlantCatching, or the Website are trademarks or registered trademarks of PlantCatching or PlantCatching's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PlantCatching or third-party trademarks.

7. Changes - PlantCatching reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PlantCatching may also, in the future, offer new services and/or features through the Website, free of charge or for a fee. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination - PlantCatching may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PlantCatching Account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, except for any obligation of PlantCatching.

9. Disclaimer of Warranties - The Website is provided "as is". PlantCatching and its suppliers and licensors shall not be responsible for, and hereby disclaim, all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PlantCatching, nor its suppliers and licensors, makes any warranty that the Website is and shall be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain Content or services through the Website at your own discretion and risk.

10. Limitation of Liability - In no event will PlantCatching, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. PlantCatching shall have no liability for any failure or delay due to matters not under its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty - You represent and warrant that (i) your use of the Website will be in strict accordance with the PlantCatching Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other jurisdiction, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside); (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; and (iii) you will not accept any counterpart for the offer and deposit of a Plant.

12. Indemnification - You agree to indemnify and hold harmless PlantCatching, its contractors, and its licensors, and their respective directors, officers, employees, agents and shareholders from and against any and all claims and expenses, including without limitation attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

13. Miscellaneous - This Agreement constitutes the entire agreement between PlantCatching and you concerning the subject matter hereof, and this Agreement may only be modified by a written amendment signed by an authorized executive of PlantCatching, or by the posting by PlantCatching of a revised version. Except to the extent provided by any applicable law, this Agreement as well as any access to or use of the Website shall be governed by the laws applicable in the province of Quebec, Canada.