Welcome to the Planted Space! Before you begin using the Planted Space website, forums, community messaging services, you must read and agree to the following Planted Space terms, conditions, policies and forum rules, including any future amendments (collectively, “Terms & Conditions”).
Although we may attempt to notify you when major changes are made to these Terms & Conditions, you should periodically review the most up-to-date version at http://www.plantedspace.com/terms-conditions. Planted Space may, in its sole discretion, modify or revise these Terms & Conditions at any time, and you agree to be bound by such revisions. If you do not accept and abide by these Terms & Conditions, you may not use Planted Space. In the event of an inconsistency between the Planted Space Terms & Conditions and either Planted Space's forum or community rules, the Planted Space Terms & Conditions shall control. Nothing in these Terms & Conditions shall be deemed to confer any third-party rights or benefits.
1. Description of Service. Planted Space is an online community where users post information, ask and answer questions on a variety of topics. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that Planted Space is provided to you on an AS IS and AS AVAILABLE basis. Planted Space disclaims all responsibility and liability for the availability, timeliness, security or reliability of Planted Space or content within Planted Space. Planted Space also reserves the right to modify, suspend or discontinue Planted Space with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use Planted Space. Planted Space reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of Planted Space , for any posts you make, and for any consequences thereof. You agree that you will use Planted Space in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the Planted Space Posting Guidelines and the rules and restrictions therein. Planted Space may, in its sole discretion, modify or revise the Planted Space Posting Guidelines at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the Planted Space Posting Guidelines, may result in immediate termination of these Terms & Conditions, and may subject you to state and federal penalties and other legal consequences. Planted Space reserves the right, but shall have no obligation, to investigate your use of Planted Space in order to (a) determine whether a violation of the Terms & Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of Planted Space -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. Planted Space does not actively monitor the content of Planted Space, and takes no responsibility for such content. Instead, Planted Space merely provides access to such content as a service to you.
As the Planted Space carries user-generated content that are not monitored, Planted Space may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Planted Space.
Planted Space does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via Planted Space or endorse any opinions expressed via Planted Space. You acknowledge that any reliance on material posted via Planted Space will be at your own risk.
Participants in Planted Space only have moderation privileges when logged into an account with such privileges. It is within Planted Space's sole discretion to grant users moderation privileges. Such individuals may not perform moderation functions when utilizing other accounts, and in no instance is Planted Space responsible for the activities of these users.
4. General Practices Regarding Use and Storage. You agree that Planted Space has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by Planted Space. Planted Space retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of Planted Space. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, other images, or profile information) which you may have access to as part of, or through your use of, Planted Space are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". Planted Space takes no responsibility for third-party Content (including, without limitation, any viruses or other disabling features), nor does Planted Space have any obligation to monitor such third-party Content. Planted Space reserves the right at all times to remove or refuse to distribute any Content on Planted Space, such as Content which violates the terms of these Terms & Conditions. Planted Space also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms & Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Planted Space, its users and the public. Planted Space will not be responsible or liable for the exercise or non-exercise of its rights under these Terms & Conditions.
6. Intellectual Property Rights.
Planted Space's Intellectual Property Rights. You acknowledge that Planted Space owns all right, title and interest in and to Planted Space, including all intellectual property rights (the "Planted Space Rights"). Planted Space Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Planted Space. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any Content from Planted Space. As described immediately below, Planted Space Rights do not include third-party Content used as part of Planted Space, including the Content appearing on Planted Space.
Your Intellectual Property Rights. Planted Space claims no ownership or control over any Content submitted, posted or displayed by you on or through Planted Space. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Planted Space services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Planted Space services which are intended to be available to the members of the public, you grant Planted Space a worldwide, non-exclusive, royalty-free license to reproduce, publish, modify, and distribute such Content on Planted Space products and services for the purpose of displaying and distributing Planted Space products and services. Planted Space furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted by you.
7. No Resale of the Service. Unless expressly authorized in writing by Planted Space, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of Planted Space, (b) use Planted Space, or (c) access to Planted Space .
8. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Planted Space to participate in Planted Space is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms & Conditions and to perform the acts required of you hereunder.
9. Termination; Suspension. Planted Space may, in its sole discretion, at any time and for any reason, terminate Planted Space, terminate these Terms & Conditions, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 7, and 9 - 13 of the Terms & Conditions shall survive expiration or termination.
10. Indemnification. You agree to hold harmless and indemnify Planted Space, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of Planted Space, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Planted Space will provide you with written notice of such claim, suit or action.
11. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on Planted Space, please contact us at admin[at]plantedspace.com.
Please be advised that if you materially misrepresent that any material is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred as a result of such allegations under 17 U.S.C. §512(f).
12. Notices. You agree that Planted Space may provide you with notices, including those regarding changes to the Terms & Conditions, by email, regular mail, or postings on Planted Space services.
13. Third Party Sites. Sometimes when you use Planted Space, you may access (as a result of, or through your use of Planted Space a third party web site or service. Your use of these web sites or services may be subject to separate terms between you and the company or person concerned. If so, these Terms & Conditions does not affect your legal relationship with these other companies or individuals, but your activities with third parties on Planted Space must still comply with these Terms & Conditions. Planted Space is in no way responsible for the third party web site or the service, and its associated content, and does not endorse any content available through the third party web site or service.