Contribution Terms of Service

The HortIM™ is a project managed by American Society for Horticultural Science ("ASHS"). Our mission is to provide a juried review system to recognize excellence in innovative, science-based teaching and outreach materials that do not fall within publication parameters of the three ASHS academic journals. HortIM™ provides a valuable repository for online instructional materials that will be used in classrooms, laboratories, and outreach education by horticulture professionals and the general public. Through the hortim.ashsmedia.org website (the "Website"), as well as any other applications, functionality, or services delivered to you by ASHS (collectively with the Website, the "Services"), users can search for the repository for instructional materials. We hope you enjoy your visit with HortIM™ and the use of our Services. Before you use the Services, please read the following terms and conditions (the "Terms of Service"), which govern your use of the Services.
Terms of Service and Privacy Policy
These Terms of Service and Privacy Policy constitute an agreement between you and HortIM™. By using or accessing any portion of the Services you agree to be bound by these Terms of Service and Privacy Policy, so please read these terms carefully before using or accessing Services. If you do not agree to and accept these Terms of Service and Privacy Policy, please do not register for a Contributor account or use the Services in any manner. All individuals who access or otherwise use the Services, including casual visitors to the Website, are referred to in these Terms of Service and Privacy Policy as "Users".
1. Privacy Policy
Horticultural Instructional Materials (HortIM™) is committed to preserving your privacy and being transparent about how HortIM™ uses information collected through the hortim.ashsmedia.org website (the "Website") and any other applications, functionality or services offered by HortIM™ (collectively with the Website, the "Services"). This privacy policy describes how HortIM™ uses, collects, and shares information through the Services. Please read the Privacy Policy carefully before using any of the Services. By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in HortIM™'s Privacy Policy.
 
1. What types of information does HortIM™ collect?
 
1.1. Usage Data
As with most services, HortIM™ may automatically collect certain information when you use the Services, even when you are not logged in. HortIM™ collects this information when you access the Services, including when you set up a Contributor account, upload information, or browse, read, or download information from the Services. This type of information may include, but is not limited to, your IP address, URL request, browser type, and the date and time of a request. HortIM™ may use cookies or other automated mechanisms to collect this information and may collect this information on an aggregate or individual basis. Cookies are small text files that the Services can send to your browser for storage on your computer. They make use of the Website easier by saving your status and preferences and refreshing them every time you use the Website. For instance, to facilitate registration and login functions, HortIM™ may use cookies to recognize when you return to the Website so that you do not have to resubmit your logon credentials. In order to clear this logon information, for example if using a public terminal, you should log out of your account. While many browsers allow you to change your settings in order to refuse cookies or to be alerted when cookies are being sent, it is recommended that you leave cookies enabled, as disabling cookies may interfere with some functionality of the Services.
 
1.2. Personal Information
In order to access certain parts of the Services, HortIM™ may require you to provide personal information, such as your email address. HortIM™ uses this information to manage your account, communicate with you, and provide the Services to you. HortIM™ will not collect any personal information from your use of the Services unless you choose to provide it by registering for a Contributor account or otherwise posting, sending, or uploading the information to the Services.
 
1.3. Contributor Content that You Post to the Services
Certain parts of the Services allow you to upload content ("Contributor Content"). You may post Contributor Content at your discretion. Please note that Contributor Content that you post or provide through the Services will be publicly available if approved, viewable to others, and may appear in search results on third-party search engines. HortIM™ recommends that you do not post any personal information, such as your address, social security number, or other personal information, as that information may be publicly displayed and seen by others.
 
2. How does HortIM™ Use the Information It Collects?
HortIM™ uses the information that it collects to deliver and improve the Services, administer mailing lists, and other activities related to the provision of the Services. HortIM™ may retain all data and content collected through the Services for restorative, archival, or research purposes. Editing or deleting your Contributor Content will alter the public availability of the Contributor Content, but may not permanently delete the content from the Services.
 
3. When does HortIM™ disclose information to third parties?
HortIM™ uses third party services providers, such as web analytics providers, infrastructure providers, and other similar providers, to help deliver the Services. HortIM™ may share the information it collects through the Services with these service providers as necessary to provide or improve the Services. In addition, although HortIM™ will not publicly share personal information unless you choose to make that information public, HortIM™ may publicly share aggregated data or statistics related to the Services that may include anonymized user information or usage statistics. Finally, HortIM™ may share information when responding to a request from law enforcement, or to prevent malicious use of the Services. In the event that HortIM™ is required by law to disclose any information related to your account, HortIM™ will use reasonable efforts to provide you with notice of the request by email, unless HortIM™ is prohibited by law or government order from doing so. HortIM™ will not sell information it collects or stores through the Services to any third parties for monetary compensation.
 
4. What if I access another website or third party service through the Services?
HortIM™ may link you to websites offered by third parties that host a factsheet, bulletin, video, or other instructional materials. Please note that this privacy policy does not apply to the practices of those third parties, and HortIM™ is not responsible for the privacy practices of those third parties.
 
5. Security
HortIM™ has taken efforts to put security measures in place to protect information and data that is collected through the Services. However, HortIM™ cannot guarantee or warrant that any information collected through the Services will remain confidential, and many functions of the Services are intended to make information and content publicly available. You are responsible for setting and maintaining the security of your password. HortIM™ may not keep a copy of your password, so please safeguard the password associated with your account and do not share your password with third parties.
 
6. Transfer of Information
Your information may be transferred to and maintained on servers and databases located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as your jurisdiction. Please be advised that we may transfer your information to and from any state, province, country or other governmental jurisdiction, and process it in the United States or elsewhere. By using the Services, you consent to any such transfer of your information.
 
7. Changes to this Privacy Policy
HortIM™ reserves the right to modify this privacy policy at any time at its discretion. If HortIM™ does make changes to this privacy policy, HortIM™ will update this page accordingly. Please check this page periodically for any changes. Unless otherwise defined in this privacy policy, terms used in this privacy policy have the same meanings as in the Terms of Service below.
 
Questions?
If you have questions about this privacy policy, please contact Tim Rhodus at rhodus.1@osu.edu.
2. Your Contributor Account/Registration
Registration and/or sign up is required to create a Contributor account. By registering, you represent and warrant to HortIM™ that:
  • you are 18 years of age or older and the age of majority in your state of residence as of the time you register as a Contributor;
  • all information provided by you to HortIM™ during the registration process is truthful, accurate and complete;
  • you will comply with all terms and conditions of these Terms of Service; and
  • you will not use the Services or any content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Services.
As a Contributor, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current, and complete. HortIM™ may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Service and/or the law, without prior notice or liability.
As part of the registration process, you are required to select and use a password. As a Contributor, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Services. You agree to abide by all applicable laws in connection with your use of the Services, including those related to intellectual property rights, data privacy, international communications, and the transmission of technical or personal data.
You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account. You agree to notify HortIM™ immediately of any unauthorized use of any account or password, or any other known or suspected breach of security. HortIM™ cannot and shall not be liable for any loss or damage in the event of an unauthorized use by a third party of your account or password.
If you no longer wish to be a Contributor, you may deactivate your account by contacting Tim Rhodus at rhodus.1@osu.edu
3. Acceptable Use and Conduct/User Restrictions

As a condition of your access and use of the Site and the Services, you agree that you will use the Site and the Services in compliance with these Terms of Service and all applicable laws, including any laws regarding the transmission of technical data exported from your country of residence and all export controls and embargo restrictions under the laws of the United States.

You further agree that you shall not:
 
  • impersonate any individual or entity or misrepresent your affiliation with any other individual or entity;
  • use the Services in any manner with the intent to interrupt, damage, disable, overburden or impair the Services;
  • use the Services in violation of HortIM™'s or any third party's intellectual property or other proprietary or legal rights;
  • use the Services in violation of any applicable laws and/or to encourage illegal activities;
  • attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or make any unauthorized use thereof;
  • access, tamper with, or use non-public areas of the Services, HortIM™'s computer systems, or the technical delivery systems of HortIM™'s providers or otherwise obtain or attempt to obtain any content, materials, or information through any means not intentionally made publicly available or provided for through the Services;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures or otherwise attempt to gain unauthorized access to the Services through hacking, password mining, or any other means;
  • use or attempt to use any "spider", "robot", "bot", "scraper", "data miner", or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Services (or portions thereof);
  • forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Submission in such a manner as to interfere with or create an undue burden on the Services; or
  • use the Services in any way that might bring HortIM™ into disrepute.
Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of HortIM™, HortIM™'s licensors or the otherwise applicable rights holders.
4. Contributor Content
4.1. Contributing Content
Some portions of the Services allow you to upload and post content (such as text, audio, video, questions) to the Services (collectively, "User Content" or "Contributor Content"). You represent and warrant that you have all rights necessary to upload the Contributor Content, to the Website and to grant the rights granted by you to HortIM™ and other Users pursuant to these Terms of Service.
4.2. License to Contributor Content
  1. By uploading or posting your Contributor Content to the Services, you grant HortIM™ a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and perform your Contributor Content in connection with the Services.
  2. By uploading or posting your Contributor Content to the Services, you also agree to allow HortIM™ to license your Contributor Content under the Creative Commons Attribution 3.0 Unported License, the terms of which are available at http://creativecommons.org/licenses/by/3.0/legalcode (otherwise known as the "CC BY 3.0 License"), to allow others to freely re-use and adapt your Content with proper attribution.

5. License to Content Delivered through the Services

All content delivered through the Services is made available and licensed by the HortIM™ under the CC BY 3.0 License. This includes any images, video and audio delivered through the Exhibitions (the "Visual Assets"). The human-readable summary of (and not a substitute for) the Attribution 3.0 Unported license legal code.

6. Third-Party Services and Content

Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties. Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and HortIM™ is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit, or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.

7. Intellectual Property

7.1. Intellectual Property Rights
 
Except for any Contributor Content and the Metadata, HortIM™ and its licensors own and retains all right, title, and interest in and to the Services, including, but not limited to, the design and architecture of the Services, the HortIM™ Marks, as well as any software, or content provided through HortIM™, including any intellectual property or other proprietary rights contained therein (collectively, "HortIM™ IP"). You must seek permission from HortIM™ if you desire to use the Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted in writing by HortIM™ under these Terms of Service or otherwise, you are not granted any rights in and to any HortIM™ IP.
7.2. Digital Millennium Copyright Act Policy
 
HortIM™ respects the intellectual property rights of others and asks that Contributors do the same. If you are a rights-holder and believe that your rights have been violated in connection with Contributor Content that is made available through the Services, in accordance with the Digital Millennium Copyright Act ("DMCA", see 17 U.S.C. § 512(c)(3) for more information) please send an email or written notice to HortIM™'s designated agent for infringement claims with the following information:
  1. An electronic or physical signature of a person authorized to act on behalf of the rights-holder.
  2. A description of the work that you claim has been infringed.
  3. A URL indicating where the claimed infringing material is located on the Services.
  4. Your address, telephone number, and email address.
  5. A statement by you declaring a good-faith belief that the content use is not authorized by the rights-holder or its agent and is prohibited by law.
  6. 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 an agent authorized to act on the copyright owner’s behalf.
HortIM&trade's designated agent for notice for claims of infringement can be reached as follows:
  • By mail: Tim Rhodus, 2001 Fyffe Court, 225 Howlett Hall, Columbus, OH 43210
  • By phone: 614-292-3871
  • By email: dmca@ashs.org. This email is for HortIM™ infringement notices only. For all other inquiries, please contact HortIM™ at rhodus.1@osu.edu.
7.3. Counter-Notice
If you receive notification that your Contributor Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your Contributor Content was removed in error. If you believe that the removed Contributor Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder's authorized agent to use the material in question, you may appeal the removal by sending an email or written notice to HortIM&trade's designated agent with the following information:
  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in Fairfax County, Virginia, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
8. Content Removal and Account Termination
You are entirely responsible for all activities that occur on or through your account. HortIM™ retains the right (but not the obligation) to limit, suspend, terminate, modify, or delete your account; to limit your access to the Services or portions thereof; to remove links in your Contributor Content to other content on the Services; and to delete your Contributor Content at HortIM™'s discretion, with or without notice to you. HortIM™ is under no obligation to provide compensation for any losses or results, which may occur due to your failure to comply with the these Terms of Service or those of a third party, for repeated violations of third-party rights, for actual or suspected illegal or improper use of the Services, for offensive Contributor Content or conduct, or for technical reasons.

9. Warranty Disclaimer

HORTIM™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS," AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM HORTIM™'S SERVERS. HORTIM™ ASSUMES NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY HORTIM™ OR ITS PARTNERS. HORTIM™ DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT A GIVEN TIME. HORTIM™ IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA INCORPORATED INTO USER CONTENT BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN USER CONTENT OR ON THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE USERS AND THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ENDORSED BY HORTIM™ IN ANY WAY.

10. Limitations of Liability

IN NO EVENT IS HORTIM™, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE SERVICES, THIRD-PARTY CONDUCT ON THE SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE SERVICES.

11. Indemnification

You agree at your own expense to indemnify, defend, save, and hold harmless HortIM™, and its employees, affiliates, officers, directors, contributors, and other representatives from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) arising from or related to your use of the Services, or your violation of these Terms of Service.

12. General Terms

12.1. Updates and Changes to These Terms of Service
HortIM™ reserves the right to modify these Terms of Service at anytime at its discretion. If HortIM™ does make changes to these Terms of Service, HortIM™ will update this page accordingly. Please check this page periodically for any changes. Your continued use of the Services after this page is updated with the new terms signifies your acceptance of the amended Terms of Service. No amendment to these Terms of Service or Privacy Policy shall apply to any dispute of which HortIM™ had actual notice before the date of the amendment. Other additional terms may apply to other functions or components of the Services. If there is a conflict between these Terms of Service and the other additional terms, the other additional terms will govern.
12.2. Entire Agreement
These Terms of Service constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the Services.
12.3. Applicable Law and Forum
These Terms of Service and any referenced policies or guidelines are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to principles of conflict of law. If you bring a suit against HortIM™, you hereby consent to the exclusive jurisdiction of state and federal courts in Fairfax County, Virginia, and hereby consent to the personal jurisdiction of said courts.
12.4. Location of Services
The Services are controlled and offered by HortIM™ from its facilities in the United States. HortIM™ makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for complying with local law.
12.5. Severability

If any provision of these Terms of Service is deemed to be unenforceable for any reason by any court, the invalidity of this provision does not affect the validity of any other provisions in these Terms of Service, which remain in full effect.

12.6. Language of the Terms of Service
If HortIM™ provides you with a translation of the English version of these Terms of Service, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English-language version. In the event of a conflict between a translation and the English version, the English version will govern.
12.7. No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and HortIM™'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
13. Fees and Payment
 
You agree to provide HortIM™ with complete and accurate billing and credit card information in connection with your paid submisssion(s). If the information you have provided is false or fraudulent, HortIM™ reserves the right to terminate your access to the Services in addition to any other legal remedies.
The fees for the paid submission and acceptance of materials to the HortIM™ repository will be set out at ashsmedia.org/hortim/contribution and are subject to change from time to time. You agree to pay the submission and acceptance fees and any other charges in effect for the specific paid Services you select in accordance with the fees and billing terms at the time of material submission. All fees and charges, when paid, are nonrefundable.
 
If fees are not paid in a timely manner, or if we are unable to process your transaction using the credit card information provided, HortIM™ reserves the right to revoke access to your account. If you do not bring your balance current within thirty (30) days after we provide you with notification that your account is in arrears, HortIM™ reserves the right to delete some or all of your Submissions.
Payment for all paid submission and acceptance of materials is handled for HortIM™ by ASHS online store – and your credit card statement may include their respective identifier. If you believe any fees or charges to your account are incorrect, you must contact us in writing within thirty (30) days of the date of the bill containing the amount in question to be eligible to receive an adjustment or credit.
Questions?
If you have questions about these Terms of Service, please contact HortIM™ at rhodus.1@osu.edu.
We would like to thank dp.la and omeka.net for their contributions to source material for our Terms of Service and Privacy Policy.
Last modified on August 4, 2015.