Vegetable Garden Plot

Plangarden Terms and Conditions

Welcome to the User Agreement for Plangarden. This agreement describes the terms on which you may access and use our services. In order to become a Plangarden user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Plangarden service indicates your acceptance of the amended User Agreement.

Description of Service

Plangarden is an online service offered to enable gardeners to design, plan, record share and exchange gardening tips with others around the globe.

Use of Service

Your use of the Plangarden Service is governed by this User Agreement. Plangarden may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Plangarden of any unauthorized use of your password or account or any other breach of security. Plangarden cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that Plangarden may, with or without cause, immediately terminate your Plangarden account and access to the Plangarden Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Plangarden of a user’s use of the Plangarden Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Plangarden account includes (a) removal of access to all offerings within the Plangarden Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Plangarden Service. Further, you agree that all terminations shall be made in Plangarden’s sole discretion and that Plangarden shall not be liable to you or any third-party for any termination of your account or access to the Plangarden Service.

User Conduct

You understand and agree not to use Plangarden to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use the Plangarden Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Plangarden Service.
  • Interfere with or disrupt the Plangarden Service or servers or networks connected to the Plangarden Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Plangarden Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, 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.

Information Provided on this Website

In the course of using the Plangarden Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Plangarden website or otherwise providing materials to Plangarden, you are granting to Plangarden Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Plangarden service. Furthermore, you understand that Plangarden retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Plangarden Service is the sole responsibility of the person from which such content originated and that Plangarden will not be liable for any errors or omissions in any content. You understand that Plangarden cannot guarantee the identity of any other users with whom you may interact in the course of using the Plangarden Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service

You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Plangarden Communications

In the course of providing you services, Plangarden may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Plangarden Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Plangarden Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Plangarden Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees

Signing up for a Plangarden account is free. Certain other services are provided for free only to beta users. Plangarden reserves the right to charge for the Plangarden Service or any portion thereof, modify the pricing of, add to, or discontinue the Plangarden Service or any portion thereof without prior notice.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Plangarden Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Plangarden Service; ii) unauthorized access to or alteration of your communications with or through the Plangarden Service, or iii) any other matter relating to the Plangarden Service. Any business transactions which may arise between users from their use of Plangarden are the sole responsibility of the users involved.

You understand and agree that Plangarden may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Plangarden, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE PLANGARDEN SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PLANGARDEN DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. PLANGARDEN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. PLANGARDEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PLANGARDEN MAKES NO WARRANTY THAT (i) THE PLANGARDEN SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PLANGARDEN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLANGARDEN SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLANGARDEN SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLANGARDEN SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANGARDEN OR THROUGH OR FROM THE PLANGARDEN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and Plangarden and governs your use of the Plangarden Service, superceding any prior agreements between you and Plangarden.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLANGARDEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLANGARDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PLANGARDEN’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law

The User Agreement between you and Plangarden Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

General Information

Plangarden, the Plangarden logo, and other Plangarden logos and names are trademarks of Plangarden Corporation. You agree not to display or use these trademarks in any manner without Plangarden’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to Contact Us: