Copyright Information and Terms of Service

We welcome your use of Plantipedia®.  Please note, however, that your use of this website constitutes acceptance of the following terms.  “You” and “your” as used here refer to each individual user of this website.  “We” and related pronouns refer to whoever may from time to time be the owner(s) of Plantipedia.

1.   Intellectual Property of this Website.  Copyright, database rights, and all other intellectual property rights in the contents of the Plantipedia website, www.plantipedia.com, throughout the world are the exclusive property of Arabella S. Dane.  Plantipedia® is a U.S. registered trademark.

2.   Permitted Uses of this Website.  You may, subject to the limitations set forth below:

• make searches of this site;
• view, print, or temporarily store one copy of a limited amount of material from this site on an ad hoc basis; and
• download search results to your hard disk or to a CD-ROM or other digital storage medium, solely for your own personal use.

All material you obtain as above must be solely for use that is either personal and non-commercial, or connected with your work for a nonprofit horticultural organization.  In no event may material downloaded from Plantipedia be sold or otherwise reproduced, distributed, or displayed commercially. 

The above limitations do not apply to third-party material reached by links from the Plantipedia site.  Such material is subject to whatever terms and conditions govern use of the linked site.

3.   Prohibited Uses.  You may not:

• Download substantial portions of the content of this site.
• Conduct automated searching or downloading, by use of scripted searches, robots, spiders, crawlers, or otherwise;
• make password-protected content of this site available to any third party, whether by telephone link, password sharing, permitting access through your computer, or by other similar or dissimilar means or arrangements.

4.   User-Generated Content.  If you contribute any content to Plantipedia, in the form of photographs, plant information, comments or otherwise, Plantipedia will have (but need not exercise) an irrevocable, royalty-free, perpetual, fully transferable and sublicensable right and license of use; under such license Plantipedia and its transferees and sublicensees may (without limitation) reproduce, distribute, display, perform, transmit, and create derivative works of such content, with or without attribution to you in their sole discretion.  You may include a copyright notice in any image file you contribute so long as it does not interfere with the informational value, or use, of the image. If you contribute any photograph or other copyrightable content to Plantipedia, you are by doing so representing and warranting that you own copyright in such material or that you have the express written permission of the copyright owner to contribute it to Plantipedia.    We will have no responsibility for the use of any such material, even if such use exceeds what is permitted by these Terms of Use.  We reserve the right to remove any user-contributed content from Plantipedia at any time, for any reason or no reason.

5.   Consequences of Improper Use.   If you violate these Terms of Use, or if we in good faith believe that any portion of the material you have submitted or posted infringes any copyright or other proprietary right, we reserve the right in our sole discretion to (i) edit or delete in whole or in part such material as it appears on Plantipedia, (ii) refuse access to all or portions of such material, and/or (iii) terminate your access to Plantipedia.  You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, managers, employees, suppliers and licensors from any liability, loss, claim and expense (including reasonable attorneys' fees) related to or arising out of (i) your violation of these Terms of Use, or (ii) your posting of material to Plantipedia.

6.   Copyright Infringement Claims.  Anyone who believes that content available on Plantipedia infringes any right he or she may have under copyright law may send a notice pursuant to Section 512 of the United States Copyright Act, 17 U.S.C. §512.  Such notice should be sent to:

Arabella S. Dane

P.O. Box 711

Center Harbor, NH  03226-0711

Tel: 603-253-4641

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Please note: the notice must conform to the requirements of 17 U.S.C. §512(c)(3).

7.   Disclaimers:

• We have made and will make good faith efforts to ensure the accuracy of the information posted on this site.  However, we do not warrant completeness or accuracy, and do not warrant that your use of this site will be uninterrupted or error-free, or that the results obtained will be useful or will satisfy your requirements. 
• We expressly disclaim all warranties and representations of any kind, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, with respect to the content of the Plantipedia website and any use thereof.
• We also expressly disclaim all warranties and representations of any kind with respect to websites linked to the Plantipedia website, or to which the Plantipedia website is linked.  Your access to and use of such sites, including information, material, products and services therein, is solely at your own risk.
• In no event will we be liable for reliance, special, incidental, consequential or other damages of any kind arising from the use of materials on this website.

8.   Modification.   We may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, your continued use of Plantipedia will be deemed your acceptance of all modifications.

9.   Miscellaneous.  These Terms of Use constitute the entire and only agreement between you and us relative to Plantipedia and supersede any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to Plantipedia. The agreement created by these Terms of Use shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law.  Our failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between you and us related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Hampshire.