Terms & Conditions Of Use

Responsibilities and obligations

• Any user-member who makes any user-content in any format, available on the Website, shall be subject to PlantShare’s review of such content where PlantShare LLC reserves the right to remove at any time with notice any and all content determined in its sole discretion as lewd, abusive or inappropriate, including for example, the classification scheme, names and characteristics for FantasyPlantz™ names and descriptions.
• Scientific names are used to classify all life on Earth. We provide a tool for Latin-Greek-English translations so you can invent a faux Scientific name for your FantasyPlantz™. You can also submit an alternate name for an existing FantasyPlantz™.
• The classification scheme, names and characteristics for FantasyPlantz™ is determined organically by users, not by PlantShare LLC. However, PlantShare LLC reserves the right to remove any and all lewd, abusive or inappropriate names and descriptions at any time.
• To respect the privacy and preferences for sharing of PlantShare members at all times.
• The quality and nature of the interaction of PlantShare members with each other is the responsibility of the user-members, not of PlantShare or its owners, members, agents or affiliates.
• Shared plant material or garden garage items have no retail value.
• To share “as is” plants, plant parts, or seeds for free, i.e., plant materials shared, traded, or exchanged are not to be sold or used for commercial purposes.
• It is your sole responsibility to comply with all foreign state and national laws, rules and regulations and, United States, and local, state, and federal laws, rules, and regulations related to plant or seed sharing and agree only to share plants, plant parts, or seeds locally, i.e., to share, trade or exchange plants, plant parts or seeds in accordance with all foreign state and national laws, rules and regulations and, United States, and local, state, and federal laws, rules, and regulations.
• To sell plants, plant parts, or seeds, an individual or business is required to hold an active business license, a valid reseller permit, and pass annual inspections by the USDA or the equivalent foreign state and national laws and regulations. These rules are there to ensure the safety of the food supply and our ecologies' health. Where legal, this means that although you can share, trade, or exchange home-grown plants, plant parts, or seeds through the Website within a 50-mile radius of where you live, you cannot legally sell them. It is also illegal to ship plants, plant parts, or seeds for the same reason. These state and federal laws apply to all websites, e.g., Facebook®, Craig's List®, etc., or the equivalent foreign state and national laws and regulations.
• You shall not post any content in any form that infringes another's intellectual property, including, but not limited to written material, photographs and any other content subject to a third-party intellectual property right in copyright, trademark, or trade secrets.
• You hereby grant to PlantShare, its agents and licensees a perpetual, royalty- free, irrevocable right and license to all intellectual property rights in any content you provide to PlantShare, including, without limitation, the right to use, edit, adapt, modify, reproduce, promote, display, distribute, perform, assign and otherwise use and exploit the content throughout the world and on the Website now known or hereinafter developed and for any purpose without compensation or attribution to you. You agree that no content incorporating the content needs to be submitted to you for review or approval. PlantShare reserves the right, at its sole and absolute discretion, to remove the content without notice or refuse to post any user content.

Disclaimers to Sharing, Trading or Exchanging of Plants, Plant Parts & Seeds

• Absence of pests, pathogens, weeds, or “hitchhikers” is not guaranteed;
• Quality, survival, and amount of the plant material shared is not guaranteed;
• Existence, nature, quality, or adequacy of the container is not guaranteed;
• Members determine each plant's availability, which depends on local supply and demand and is not guaranteed;
• The foregoing disclaimers apply to all related transactions, in whatever form, involving the Sharing, Trading, or Exchanging of Plants, Plant Parts, and Seeds through the Marketplace.

General Disclaimers

• Information about plants, plant parts or seeds and the use of such plants, plant parts or seeds provided by PlantShare or by its members to other members is “to the best of their knowledge” and is provided by PlantShare or its member “AS IS” without warranty of any kind, including a warranty that use of a plant or seed in whole or part may be used for any purpose, including a medicinal purpose. You agree to bear all risk of any use of any plant in whole or part as provided by PlantShare or its members, including your use with a third party and, further agree to the warranty in this paragraph and the warranty and disclaimer and limitations of liability as provided in these Terms of Use.
• Quality and veracity of the information on other websites linked to the Website, including any links provided to you through the Marketplace, are not guaranteed. PlantShare does not warrant that product descriptions or other content or information of this Website or linked websites, including through the Marketplace, are accurate, complete, reliable, current, or error-free.
• ALL CONTENT OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PLANTSHARE AND ITS OWNERS, MEMBERS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, AVILABLITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• These exclusions are in addition to any specific exclusion otherwise provided in any website link provided to you, including through the Marketplace, where your availing of Marketplace products or services will be subject to the disclaimers made by vendors in the Marketplace. You should review such disclaimers as applicable to any products or services purchased through the Marketplace. Because certain federal or state laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitations of Liability

• YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM YOUR USE OF THE PLANSHARE WEBSITE OR THE ITS OR THE MARKETPLACE PRODUCTS OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT, AND PLANSTHARE’S AND ITS, OFFICERS, OWNERS AND AGENTS MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO THE PLANTSHARE WEBSITE IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE TOTAL FEES PAID DIRECTLY TO PLANTSHARE AS OF THE DATE OF TERMINATION OF THIS AGREEMENT. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOU, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING and USING ANY PART OF THE WEBSITE INCLUDING THE PURCHASE OF ANY PRODUCTS OR SERVICES THPORUGH MARKETPLACE. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Intellectual Property

• TRADEMARKS. PLANTSHARE®, PS FORGET-ME-NOT FLOWER® and PLANT GLOBAL SHARE LOCAL® and WE ROOT COMMUNITIES FROM THE GROUND UP® are trademarks or registered trademarks of PlantShare or those of third parties and may only be used with express permission therefrom.
• COPYRIGHT. The media on the Website including, but not limited to, text, photographs, images, graphics, video, and audio content (collectively “Copyright Works”) are protected by copyright under the copyright laws of the United States and other countries. All Copyright Works are owned by PlantShare by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.
• All Copyright Works are owned by PlantShare or as attributed to our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Wherever possible, PlantShare provides third-party attribution for review of licensed rights for use of the copyrighted works not expressly owned by PlantShare. You are obligated to abide by the licensed rights of PlantShare and the third party.
• Wherever possible, PlantShare provided third-party attribution and licensed rights for use of the Copyright Works not expressly owned by PlantShare. You are obligated to abide by the licensed rights of PlantShare and the third- party.
• DIGITAL MILLENIUM COPYRIGHT ACT. Just as PlantShare requires users to respect our copyrights, and those of our Licensor, we respect the copyrights of others. If you believe in good faith that your Copyrighted Works have been reproduced on the Website without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, PlantShare LLC, 100 N Howard Street, STE R, Spokane, WA 99201 or to copyrightagent@plant-share.com . Please provide our copyright agent with the following information in writing:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address, so that we may contact you if necessary;
  • A statement 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.

General Terms

• Subject to any restrictions in these Terms of Use, you may establish a PlantShare member account only if you are 18 years of age or older and a “natural person” in your country of residence. Individuals are prohibited by PlantShare from using the Website in any manner, including as a member or guest, if such an individual is under the age of 18. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. PlantShare disclaims any liability for any user harm alleged to have been caused for any reason related to the use of the Website by any claimant who did not meet the eligibility requirements as set forth herein.
• We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Website at any time. Termination of your account may also include, at our sole discretion, the deletion of your account. If we delete your account, you will not be able to retrieve any information related to your account except as required by applicable law.
• PlantShare may amend these Terms of Use and your continued use of the Website is your agreement to these Terms of Use as amended.
• No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.
• If we fail to insist that you fulfill any responsibilities or obligations under these Terms of Use, that will not mean that you do not have to comply with your responsibilities or obligations. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
• Each provision of these Terms of Use operates separately. If any court or relevant authority decides that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
• The use of this Website and any claim, transaction conducted on or from it shall be governed by the laws of the state of Washington and the laws of the United States of America applicable therein without reference to principles or conflict of laws. Jurisdiction for any dispute related to these Terms of Use shall be in Seattle, Washington.
• These Terms of Use constitute the entire agreement between you and PlantShare with respect to the use of this Website and any transaction conducted on or from this Website and its contents and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing by PlantShare making such amendments or modifications available to it pursuant to the terms hereof.
• NOTWITHSTANDING THE FOREGOING TERMS OF THIS AGREEMENT, YOU MAY BE SUBJECT TO THE TERMS OF USE AND OTHER TERMS OF PLANTSHARE’S AGENTS AND PARTNERS, INCLUDING VENDORS OF THE MARKETPLACE. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND AGREE TO ABIDE BY SUCH TERMS.

Mandatory Arbitration; Class Action Waiver.

• You agree that all claims or disputes arising out of the Terms of Use will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce.
• The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org.
• The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law.
• Parties are responsible for their own attorneys’ fees.
• The arbitration proceeding will take place in Seattle, Washington, unless otherwise agreed.
• A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award.
• The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”).
• Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator.
• The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.

Participating In PlantShare Games (“P$C Games”).

PlantShare Games (the “P$C Program”) allows you to earn, win, and use P$C by applying the value assigned to the coin by PlantShare to various PlantShare opportunities including plants, consultations, classes and more opportunities as made available to you by PlantShare from time-to-time. In addition to the PlantShare.com Terms of Use found here plant-share.com/terms-of-use , you further agree to the following terms and conditions of participating in the Points Program.

• By participating in a “Pay To Play” game on our website, you are allowing PlantShare to share your personal information you provide to PlantShare by subscribing and earning P$C with all of our games now available or in the future, regardless of your actual interaction with each.
• The rules for earning P$C are set in the sole discretion of PlantShare. Each game may be subject to different rules and may be changed at any time after you’ve already played a game. It is your responsibility to review the rules for earning P$C, and your participation in any one game confirms your agreement to abide by those rules.
• The value you receive in participating in our Points Program is calculated solely by PlantShare and depends on the amount and nature of your interaction with playing our games or any other manner we create for you to earn P$C.
• PlantShare reserves the right in its sole discretion for any reason to limit users of any game without notice.
• Games may be removed at any time in the sole discretion of PlantShare. Any earned P$C shall remain credited to an account associated with your subscription. In the event that your subscription is terminated by you or PlantShare the P$Cs will retain no value, even if you should create a new account.
• PlantShare may, in its sole discretion, apply a termination date for use of any P$. Such date shall be made available to you upon the earning of the affected P$C(s).
• PlantShare does not guarantee that any particular Game will be made available for any given exchange for plants, consultations, classes, and more opportunities as made available to you by PlantShare from time-to-time.
• When you make a request to redeem P$C, you must elect what you want to receive in exchange for your P$C. Once a redemption request is approved and the redemption goods and/or service is authorized by PlantShare, your P$C balance will be reduced by the number of P$C designated to the redemption goods and/or service selected by you. All redemption of P$C is non-refundable, and may not be refunded except by petition, submitted in writing to info@plant-share.com , approved by our advisory board. PlantShare is not responsible or liable for any loss or delay of any redemption of your P$C for any goods and/or service once you have redeemed your P$C. If you have any questions or concerns with the redemption process, you may contact us at info@plant-share.com .
• You agree that you have no property rights in P$C, and P$C can only be used as described herein. P$Cs have no cash, monetary, or other value and cannot be redeemed in whole or in part for a financial exchange. Your P$C balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with the P$C of any other subscriber in the P$C Program. P$C may not be brokered, bartered, attached, pledged, gifted, or sold. Expired P$Cs cannot be redeemed, and you must be an active subscriber of the P$C Program to redeem Points.
• Any term in these terms of participation in the P$C Program that is found inconsistent with the PlantShare Terms of Use (see footer of website) shall be construed as taking precedence with regard to terms of use applicable to the P$C Program.
• The foregoing terms of participation in the P$C Program are incorporated by reference into our Terms of Use .