Acceptance of Terms
Your use of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Any use of the Go Botany application, including use of the application through a third-party product that accesses Go Botany, is bound by terms of this agreement plus the following specific terms:
- You expressly understand and agree Native Plant Trust shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Native Plant Trust has been advised of the possibility of such damages), resulting from your use of the Go Botany application or third-party products that access data via the Go Botany application.
- You shall not use the Go Botany application in any manner that adversely impacts the stability of the newenglandwild.org servers. Such abuse may result in temporary or permanent suspension of your access to Go Botany. Native Plant Trust, in its sole discretion, will determine what constitutes adverse impacts.
- Native Plant Trust reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Go Botany application (or any part thereof) with or without notice.
- Native Plant Trust reserves the right at any time to introduce new versions of the Go Botany application and to discontinue current versions of the application with or without notice.
- You agree to attribute https://gobotany-dev.herokuapp.com/ as the source of the data accessed via the Go Botany application wherever it is used or displayed. Whenever possible, please accompany this with a link back to https://gobotany-dev.herokuapp.com/.
Intellectual Property Issues
The Site is owned by Native Plant Trust. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by Native Plant Trust.
Pursuant to the copyright and trademark laws of the United States, you agree:
- That you may only download Content that Native Plant Trust designates as offered for download to any single device a single copy of any Content for personal and noncommercial use.
- To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), sell or exploit for any commercial purposes any Content derived from the site without specific written authorization from Native Plant Trust or the designated copyright holder (i.e., photographers who own copyright on their own images).
- To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- To refrain from framing or mirroring any portion of the Site.
- That by posting or submitting any text or other materials to the Site you grant Native Plant Trust a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.
- To inquire about reuse of images, contact the designated copyright holder for each image.
- To inquire about uses beyond image reuse, contact the Go Botany Team (gobotany [at] newenglandwild [dot] org).
The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
You acknowledge that due to the immediate nature of this medium, Native Plant Trust does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. Native Plant Trust will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.
The Site may provide, or third parties may provide, links to other sites or resources. Because Native Plant Trust has no control over such sites and resources, you acknowledge and agree that the Trust is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Native Plant Trust shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Native Plant Trust to do so.
Conduct by any user that, in the sole opinion of Native Plant Trust, constitutes over use or abuse of the right to access data which restricts or inhibits any other user from using or enjoying the Site will not be permitted. Native Plant Trust reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, NATIVE PLANT TRUST RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site.
You agree to indemnify, defend, and hold harmless Native Plant Trust; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Native Plant Trust reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Native Plant Trust in asserting and available defenses.
Personal Information is voluntarily supplied by you when you register and submit data to the PlantShare sector of the Site. By registering at PlantShare, you allow us to associate your plant observations with a unique identifier (login name or your name), so that you can track your personal observations (e.g., checklists and customized maps). Profile Information allows us to gain a better understanding of the PlantShare participants and Go Botany visitors and to determine how best to improve the web site for Go Botany users.
You are able to view your personal observations (plant sightings, postings, and questions to the Botanist) and those of others (if they have made them available to you, your affinity group, or the web), so please be aware that your observations of species and their locations plus an supporting information you provide, may be available to other PlantShare users.
Plant observations are the most important pieces of information that we collect. Details of a plant sighting and its associated location (species, numbers, etc.) are available only to the users designated by you as a PlantShare member, which you choose upon uploading a sighting to the Site. Only information pertaining to plant observations is available to your selected users; no personal contact information is ever made public.
Cookies are pieces of data that we store on your computer to tie your information to the PlantShare program. Cookies allow you to store your login information, so that you will not be required to log in each time you visit the PlantShare web site.
Internet browsers allow you to determine whether or not to accept cookies (check under the preferences or options in the browser menu). If you decide not to accept cookies, you can still use the PlantShare site, but you will need to re-enter login information each time you visit.
If you submit an unusual observation or a sighting of a plant known to be listed as Endangered, Threatened, Special Concern, Historic or Invasive in a New England state, we may email you to request more details and to confirm your sighting. Your email address and contact information will not be sold or distributed outside Native Plant Trust.
Your Practices in Obtaining Sightings
As a conservation organization, Native Plant Trust seeks to limit disturbance to plants, especially those that are rare or occur on private property. Please do not trespass on private property to observe plants; always obtain landowner permission before gathering data on plants and posting sightings from private property. By posting a sighting, you are agreeing that all applicable landowner permissions have been obtained and that posting of locational and other data has been approved by the landowner.
We may occasionally update or amend Native Plant Trust’s Privacy Statement. If we make changes, we will post the changes here.