Acceptable Use Policy

These rules have been in place since late 2000. We take these rules very seriously, and enforce them to the letter. All members who have been removed from the site, have been removed due to repeated violations of these very rules. The members at DG are in support of these rules, and the community loves the order and peace here. They pay us to enforce these rules on them.

1. Dave's Garden exists to provide an open and safe forum for the discussion of topics that are of interest to the general gardening and homeowner communities, as well as to service those communities with useful and friendly applications. Our goal is to provide an educational and enjoyable experience for all our members, so please take a moment to familiarize yourself with the expectations and policies of Dave's Garden. By participating in the services provided by Dave's Garden, you are agreeing to comply with our rules and regulations.

2. This service is provided "as is" and "as available"; without warranties of any kind (either express of implied), including but not limited to warranties of accuracy of information, fitness for a particular purpose, and availability of this service.

3. By providing content to our site, you have granted Dave's Garden unrestricted use of that material. We do make commitments of your privacy, however. Your E-mail address and full name will never be revealed to other entities by Dave's Garden. (See the Privacy Policy for details regarding the displaying of your city, state, and ZIP code.) We reserve the right to modify, reproduce and redistribute materials posted to our services, both internally and for commercial use. Copyright of all material published is retained by the contributor. The contributor does, however, grant to Dave's Garden a non-exclusive license to modify, reproduce, and re-distribute the contributed content in any manner that it sees fit.

4. In compliance with United States Federal Law, children under the age of 13 may not participate in our discussion forums.

5. You agree to indemnify and hold harmless Dave's Garden, its affiliates, and their officers, directors, employees and representatives from any penalties, claims or liabilities, including attorneys' fees, arising from your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your areas of content. Contents on this site are copyrighted by Dave's Garden. Unauthorized distribution or reproduction is forbidden. Information on this site is provided for your own personal use and may be copied, printed or saved for private, non-commercial use.

6. Information contributed to our databases and forums represents the views of the person posting the content and is not necessarily endorsed by Dave's Garden.

7. Do not place any material on our service that could be considered offensive, indecent, abusive, hateful, harassing, libelous, profane, vulgar or unlawful. Our audience tends to be family-oriented (including minors), and we have the right, but not the obligation, to remove, edit, or relocate any content that we feel violates the standards of our site. Because of the real-time nature of our forums, it is not always possible for us to remove offensive material immediately. Members who have been removed from the site will not be eligible for a refund of any subscription fees they have paid.

   a) As of Nov 6, 2002, discussion and debate of a political nature, and debate of a religious nature are not allowed on the site.

   b) As of Jan 17, 2005, please review our takedown policy concerning forced removal of information from our site.

8. Information that you place on our service must be your own original content. You are responsible for assuring that any material (text and images) you provide does not violate, plagiarize or infringe upon the right of any third party, including copyright, trademark or proprietary rights. If non-original content is included in your posting, you must obtain permission from the content owner and provide due credit.

9. Members are restricted from utilizing the Dave's Garden services for self-promotion of themselves, their website, or their organization, or to solicit items or monies for charities or fundraisers. Members may not utilize the service to create business opportunities, without express prior written permission from an officer of Dave's Garden. This includes, but is not limited to, advertising products or services in any communication medium, including, but not limited to, the discussion forums and the member E-mail system.

   a) As of July 6th, 2006, members may promote their ventures in our classified advertising area.

10. Non-vendor members may organize group purchased ("co-ops") only in the forum made for this purpose; Vendors of live gardening-related materials are expressly prohibited from organizing co-ops.

11. It is the member's responsibility to logout of Dave's Garden to prevent unauthorized use of their account or the Dave's Garden services.

12. Dave's Garden may terminate member accounts and delete any and all account information at any time, without notice, for conduct that violates these guidelines or for any conduct that Dave's Garden believes is harmful to the business of Dave's Garden, or to any of its users or partners. For clarification, this means that we may remove any member from our site for any reason we deem appropriate.

13. You may not take any actions that may undermine the integrity of any Dave's Garden feedback system.

14. Dave's Garden provides space and bandwidth for hosting the site but makes no implied or expressed warranties about the reliability of this space or related services. Dave's Garden is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. Dave's Garden makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.
    1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the Dave's Garden resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither Dave's Garden nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this service.

    2. Dave's Garden and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by Dave's Garden.

    3. Dave's Garden may also link to or include on its Web site resources and information provided by third-party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to add value to our service.

15. By supplying us with your contact information (such as your email address), you thereby give us permission to contact you utilizing whatever means you have given us. If you give us your email address, we can and will email you. This clause does not negate our responsibilities outlined in section 2.

16. Dave's Garden reserves the right to amend or change these guidelines at any time without notice.

17. This Acceptable Use Policy and Code of Conduct and any disputes arising out of or related to Dave's Garden shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas.