Terms of Use
The Asheville Garden Club, Inc.
Welcome to the website of The Asheville Garden Club, Inc. (“our,” “we,” “us” or the “Garden Club”), www.ashevillegarden.club. Your use of our Website and any of our social media platforms (collectively the “Website”) and their content is governed by these Terms of Use (“Terms”), so please read them carefully and do not use our Website until you have read these Terms in full. If you do not agree to these Terms, do not use this Website. These Terms do not apply to other websites that you may visit via hyperlinks on this Website other than to Garden Club social media websites. The Garden Club may modify these Terms at any time without notice to you, but the revised Terms will appear on the Website. It is your responsibility to visit this page periodically to review the Terms because they are binding on you, and if at any time you do not agree to these or any modified Terms, do not use our Website.
1. Our Website. The Garden Club maintains a Website dedicated to informing you about the activities of the Garden Club, community information, information about us, and information about plants and gardening. The Website is owned by the Garden Club and operated by Garden Club members. All content on the Website including, but not limited to, text, graphics, logos, photographs, artwork, audio clips, video clips, and any other materials posted on this Website are owned by the Garden Club, or individuals or other organizations and entities and used with their permission.
2. Use of the Website. The Website is intended for personal, educational and other non-commercial use of our members and visitors only. You may only use our Website for lawful purposes and in accordance with these Terms. You may view, copy, print and distribute the content on the Website for personal, educational, and noncommercial purposes only, provided you do not modify or alter the content in any way and retain all copyright and other proprietary notices displayed on the content or materials found on the Website.
Except as expressly provided in these Terms, no part of the Website may be sold, copied, reproduced, republished, modified, uploaded, posted, publicly displayed or performed, encoded, translated, transmitted, distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, or otherwise use the Website’s content for public or commercial purposes without our express prior written consent. Any rights not expressly granted herein are reserved by us.
You may not:
· Collect personally identifiable information about other users of the Website;
· Conduct fraudulent activities on the Website;
· Make any commercial use of the Website or its content for yourself or other individual or entity;
· Violate or attempt to violate the security of the Website, attempt to probe, scan, or test the vulnerability of a system or network connected to the Website, embed any malware or viruses in the Website, forge any text on the Website or any Garden Club email.
· Send unsolicited or unauthorized email on behalf of the Garden Club or any Garden Club member;
· Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
· Tamper with the Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Website, or any activity being conducted on the Website;
· Use the Website to defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any other person or organization, including others’ privacy rights or rights of publicity, for political campaigning, commercial solicitation;
· Use the Website to post obscene, pornographic, profane or otherwise unlawful or indecent material;
· Use the Website to advertise without our express prior written consent;
· Remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website or otherwise violate any intellectual property rights.
3. Links to Third-Party Websites. Our Website may contain links to other websites that are not under our control. Since these links are not under our control, we cannot guaranty the truthfulness, accuracy, or reliability of any of the content on those pages. The views and opinions expressed in such third-party content does not necessarily state or reflect those of the Garden Club, and we therefore do not endorse any opinions on those websites and expressly disclaim any and all liability in connection with Website content obtained from or provided by third-parties. Our Terms do not cover the use of third-party sites, so you should refer to that party’s website for the terms of use that control the use of that site. You acknowledge that any reliance on the content you find on third-party links is at your own risk.
4. Electronic Communications. Electronic communication takes place when you submit a request for information on our Website, send us e-mails, text messages, or communicate with us in any way from your desktop or mobile device. By taking part in these activities, you consent to receive electronic communications from us electronically.
5. Content Submitted for Publication on Website. If you are a member of the Garden Club, we welcome submissions of Garden Club appropriate photographs, images and articles written by you for publication on the Website. Sorry, no compensation will be paid with respect to your submission if it is published on the Website. The Garden Club accepts photographs, images and articles only from the original owner of the work. Third party photographs, images and articles are not accepted for submission unless we have the written permission to use the work from the original owner. Submissions must get Board approval prior to publication on the Website and all decisions regarding publication are in the sole discretion of the Board, are final and binding.
By submitting photographs, images and articles to our Website, you agree to allow the organization to post your submissions to the Website. Please remember that by allowing us to post articles, information or photographs on the public portion of the Website, you are making this information available to the general public and considered non-confidential. By submitting content for the Website, you agree to allow the Garden Club to view, download, print, reproduce, display, transmit, communicate, derive other works from your submissions, and use submitted content for organizational purposes. You also understand your photographs, images and articles may be subject to distribution among the Garden Club community via any digital media including the Internet, email, cell phones and by most any current and future electronic means.
By providing a submission to the Board for approval, you warrant and represent that you are the sole and exclusive owner of the content of the Submission and that you are not infringing or violating the rights of any person or entity through publication on our Website. We reserve the right at all times to remove any content and submissions posted to the Website as deemed necessary without notice, in whole or in part, in the Garden Club’s sole discretion.
Additionally, by submitting content for consideration for the Website, you automatically grant us a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, transfer, distribute, perform and display the content submitted alone or as part of other works in any form, media, or technology, and publish your name in connection with your submission.
Photos and images on this Website may not be reproduced, distributed, transmitted, transferred, displayed, published or broadcast without the prior written permission of the Garden Club.
6. Submissions on Social Media Websites. We welcome posts on our social media websites so long as the content submitted is not is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages and otherwise compliant with these Terms. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
By submitting content on any Garden Club social media websites, you grant us the right to reproduce, distribute, display, transmit, communicate and derive other works from your post. Additionally, you grant us a royalty-free license to use the name image or likeness of a person identifiable in the review. By posting, you waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Finally, by submitting a review, you are agreeing that you are the sole and exclusive owner of the review(s) that you post; that by posting you are not infringing or violating the rights of any party (intellectual or proprietary).
We reserve the right (but not the obligation) to remove or edit in whole or in part any content without notice in the Garden Club’s sole discretion.
7. Intellectual Property. All content on the Website is subject to and protected by copyright and trademark laws. When accessing our Website, you agree to obey the law and to respect the intellectual property and proprietary rights of others. Your use of the copyrights and trademarks displayed on this Website, except as provided in these Terms, is strictly prohibited. If you believe that content on our Website infringes upon your intellectual property rights, notice of that claim can be sent to ashevillegardenclub@gmail.com.
8. Privacy. Your privacy is important to us, and because of that we have created a privacy policy that is intended to help you understand what personally identifiable information and other personal data that we may collect from you, how that information is used and shared in connection to your access and/or use of this Site, and the choices you have regarding our use of your personal information. For more information on privacy, please review our Privacy Policy.
9. Indemnity. You agree to defend, indemnify and hold harmless The Asheville Garden Club, Inc., its officers, directors, members, employees, agents and assigns, from and against any and all claims, suits, damages, obligations, losses, liabilities, demands, investigations, inquiries, costs or debt, expenses (including but not limited to attorneys’ fees) arising from or in connection with: (1) your use of and access to the Website; (2) your violation of any term of these Terms; or (3) your violation of any third-party right, including without limitation any intellectual property or privacy rights. This defense and indemnification obligation will survive these Terms and your use of the Website.
10. Limitation of Liability. To the fullest extent permissible by law, the Garden Club will not be liable to any party for any damages of any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any type, unless otherwise specified in writing, related to or arising from this Website, or any use of this Website, or any website linked to, referenced, or accessed through our Website, or for the use or downloading of or access to any information, materials, products or services. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories. The Garden Club disclaims any and all liability for the acts, omissions and conduct of any third-parties in connection with or related to your use of the Website. Your sole remedy against the Garden Club for dissatisfaction with the Website is to stop using the Website.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
11. Disclaimers. All information, content and material on this Website are provided on an “as is” and “as available” basis. We make no representation or warranty of any kind, express or implied, as to the completeness, quality or adequacy of this Website or its content, or the information, content, material, or operation of the Website unless otherwise specified in writing. Additionally, we make no representation or warranty whatsoever that the Website service will be uninterrupted, timely, secure, error free, or are free of viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including without limitation the warranties of accuracy, implied warranties of merchantability and fitness for a particular purpose and non-infringement of proprietary and intellectual property rights, with respect to this Website and its content.
You expressly agree that your use of the Website is done solely at your own risk.
12. Termination. We reserve the right, at any time and without notice and for any reason, to suspend, cancel, or terminate (1) your right to use the Website (or any portion of the Website) or (2) the availability of the Website. If you violate any of these Terms, your right to use of any content or materials on the Website automatically terminates and you must immediately destroy any copies you have made.
13. Governing Law. By using our website, you agree that these Terms shall be governed by the laws of the State of North Carolina without respect to its conflict of laws principles. Both you and the Garden Club expressly waive a trial by jury. The venue for any action arising out of these Terms shall be Buncombe County, North Carolina.
14. Entire Agreement. These Terms constitute the entire agreement between you and the Garden Club with respect to the Website and supersede all prior or contemporaneous communications relating to the Website. Any rights not expressly granted herein are reserved.
15. Severability. In the event that any part of these Terms is deemed invalid, void, or unenforceable for any reason, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
16. Acknowledgement. BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
17. Contact Us. If you have any questions about these Terms of use, contact:
The Asheville Garden Club, Inc.