We got some fine print, but before you read the 'fine print", you may want to first review our plain English guidelines to the urbangardenshare community:
Urbangardenshare.com is a resource for all food lovers, homeowners and gardeners. The expectation for using the site is that gardeners and garden owners are well intended and coming together to grow food in an urban jungle. A rule of thumb (and a good life rule in general) is to respect others, act in kindness and be mindful of others space and knowledge and do unto others as others will do for themselves. For gardeners - be mindful of timing and space. You are entering another persons home! For gardens - be respectful of experience and desire. You are asking someone to help you. In a perfect world, this is a bartered relationship where both parties walk away with homegrown food. No 'farms', no food.
The success of Urbangardenshare.com is directly linked to the information provided on the site. When making a profile, it's important to be honest - about your expectations, your experience and more. As you mother likely told you a million times......honesty is the best policy!
When you ("You" or "User") use Urbangardenshare and its related services ("Site") You agree to the following terms and conditions (the "Agreement"). Urbangardenshare ("UGS" "us" or "we") may at our sole discretion revise these terms from time to time, or at any time, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.
UGS is a collaborative garden project built from listings of individuals volunteering to develop a mutually benefical garden. We allow ANYONE at any time to submit a profile on this site. UGS has not been reviewed by trained professionals for its accuracy, reliability, legality or safety of its profiles and information. Neither UGS, nor the users of this site can be responsible for your use of information contained in or linked from this site. Therefore any information on UGS may be false, vandalized, or just wrong. We make no guarantee or warranty that the information in UGS is accurate, legal, reliable, or safe to practice. You must independently verify all information you find on UGS. Use this site at your own risk.
While You, the author, will retain copyrights to Your writing, by posting on UGS, You grant us certain rights.
When You post information, text, photos or other materials ("Content") to the Site, You are granting UGS, or warranting that the owner of such Content has expressly granted UGS, a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works therefrom transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows UGS the ability to display commercial advertising on the website.
You must be over the age of 13 years old to use this site. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), UGS will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
UGS provides member services that may be accessed by using a password. If You are a member services user ("Member User"), You agree to safeguard the user name and password You use to access this Site. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You. You may use member services only while You are a registered user.
When asked to provide information, You agree that You will provide true, accurate and complete information. You also agree that You will maintain and update such information to maintain its truth, accuracy and completeness. UGS RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE SITE UPON THE DISCOVERY THAT THE INFORMATION YOU PROVIDED IS NOT COMPLETE OR ACCURATE. Please contact us if you need to update your information we have on file.
You agree not to do any of the following while using the Site:
UGS respects the intellectual property of others and expects users of the Site to do the same.
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), UGS designated agent for notice of alleged copyright infringement appearing on our site can be notified via our normal contact form.
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://www.loc.gov/copyright/legislation/dmca.pdf (visited January November 16, 2008).
UGS will give You any necessary notices by posting them on the Site. You authorize UGS to send notices via electronic mail as well if UGS decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.
The Site contains links to other web sites or resources. You acknowledge and agree that UGS is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.
Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold UGS liable for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
We do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK. THE INFORMATION PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION THAT WE PROVIDE.
While we make every effort to provide a sterile server environment, we also do not guarantee that the Site will be error free or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
UGS ALSO MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS NOR DOES UGS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE. UGS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM UGS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless UGS, its officers, directors, employees, agents, attorneys, accountants, consultants, and advisors and its Content Providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Agreement.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER UGS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. You acknowledge accept and agree that without these limitations, we could not provide low cost and/or free access to the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of UGS. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of UGS shall be null and void. This Agreement will be governed by the laws of Washington, U.S.A, without regard to its conflicts of law provisions and venue and jurisdiction shall solely and exclusively be in Seattle, King County. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between You and UGS with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. We suggest that You print out a copy of this Agreement for Your records.