TERMS AND CONDITIONS OF FORUM USE

 

By using this site, you agree to the following Terms and Conditions. River-Valley Orchidworks, Inc. reserves the right to modify, update, or alter these Terms at any time, and such updates or modifications shall supersede and replace any prior Terms which may have previously been in effect. If you do not agree to these Terms and Conditions, DO NOT make use of this website.

 

(I) Terms and Conditions of Forum Use:

rv-orchidworks.com is controlled by River-Valley Orchidworks, Inc. from its location in Johnson County, Arkansas. Because the Internet is a global community and this site may be accessed from any other state or country, each with its own laws and practices, by accessing this site you agree that the laws of the State of Arkansas shall govern in all matters arising from your use of this site. These terms comprise the only agreement between "You," the user, and "Us," the owners of rv-orchidworks.com regarding your access to us for the purpose of disseminating information and / or transacting business online.

Any person who wishes to access the rv-orchidworks.com website to use the services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING rv-orchidworks.com's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE. You agree to abide by the procedures and guidelines which are contained in the OrchidTalk FAQs, and are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the FAQs explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by rv-orchidworks.com in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the FAQs to understand the current procedures and guidelines related to the Site.

Although the administrators and moderators of the OrchidTalk forums will attempt to keep "objectionable messages" as defined below from remaining posted on this website, it is impossible for us to review all messages for objectionable content. Messages express the views of the message authors only, and neither River-Valley Orchidworks, Inc., rv-orchidworks.com, the OrchidTalk forum administrators and moderators, nor Jelsoft Enterprises Limited (developers of vBulletin) shall be held liable for the content of any message.

While you will own all messages, material, attachments, links, files, information and ideas you transmit to or post on this Site (each, a "Transmission"), including without limitation on any Forum or part thereof on the OrchidTalk site; however, you grant (or warrant that the owner of the rights to those Transmissions has expressly granted) to rv-orchidworks.com a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now know or developed in the future, and rv-orchidworks.com may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services, and you warrant that all "moral rights" in those Transmissions have been waived. rv-orchidworks.com will treat those Transmissions as non-confidential and non-proprietary; however, rv-orchidworks.com will handle all personal data provided to rv-orchidworks.com in the manner provided in rv-orchidworks.com Privacy Policy.

By sending any Transmission to this Site, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any pornographic or other adult material; (iii) contain any material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; (b) you will not (i) use this Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to this Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; (v) post a link to any site that contains or does any of the prohibited actions described in subsection (a) above or this subsection (b); or (c) you will not impersonate another person. IF YOU DO NOT AGREE WITH THESE TERMS - THEN DO NOT VISIT OR POST ON THIS SITE.

You understand the implications of your misuse of these Services, and you warrant that you will not post any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise sexually explicit material of any kind or nature. You further agree not to post any material that encourages conduct which could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. This service makes use of the Internet for you to post, send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use this website for the purpose of generating and/or relaying mass unsolicited emails, private messages, or public posts. Spamming, flooding, or otherwise using this service for chain letters, junk mail, or the distribution of mailing lists to any person who has not given specific permission to be included in such a process is expressly forbidden. You agree not to interfere with or hamper another member's use and enjoyment of this service.

You further stipulate that you will not attempt to hack or gain entry by software or other means available to you into any portion of this website not clearly intended for public use or reserved for your own use by virtue of your membership. Such portions include but are not limited to those areas reserved for website administration or set aside as email and/or private message in-boxes intended for registered forum members other than yourself.

rv-orchidworks.com is committed to protecting your privacy. Our Privacy Policy is incorporated by reference into, and made part of, this Agreement. rv-orchidworks.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or conduct otherwise inconsistent with our Privacy Policy.

As permitted by applicable law and consistent with our privacy policy, rv-orchidworks.com has the right, but not the obligation, to monitor any activity and content associated with this Site. rv-orchidworks.com may investigate any complaints or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including public posts, emails, and private messages. rv-orchidworks.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. Sections of this website use the words "private" and "private message" to indicate posts directed expressly to you or initiated by you and directed toward another registered user. With your full consent, knowledge, and intention, you extend to rv-orchidworks.com and the OrchidTalk administrators or their assigns the right to view ANY and ALL messages sent or received by you through this service. As such, ANY and ALL messages sent or received by you through the agency of the OrchidTalk forums shall be construed as PUBLIC communications under the law.

rv-orchidworks.com and the administrators and moderators of the OrchidTalk forums thereof, individually and together, reserve the right in their sole and absolute discretion to delete, edit, move or close any message thread or the contents of any post, "private" or public. Further, rv-orchidworks.com and the administrators of the OrchidTalk forums may, without limitation or the incursion of liability, deny website entry or posting privileges to any forum member for any reason whatsoever, particularly if a member or members are found to be in non-compliance with the regulations stated herein.

The OrchidTalk forums are not a venue for the sale, trade, barter, exchange or solicitation of goods or services of any kind or nature. The posting of messages by anyone other than the Administrators or legal representatives of rv-orchidworks.com, in any forum, subforum, signature line, member profile area, or other portion of the Site, which seek to advertise or solicit by verbiage, photograph, sound file, internet link, or any other means, goods and services for sale, trade, barter, or exchange, whether such messages are positively, negatively, or neutrally construed, whether the items or services referenced are privately or publicly available, for free or for profit, posted by commercial ventures, non-profit organizations, or individuals, including but not limited to, advertisements and solicitations made on one's own behalf, or on the behalf of any other individual, organization, group, or enterprise, is strictly forbidden.

We have created a place where active members* who wish to sell, trade or auction items related to orchids and orchid growing may do so within our community for FREE. Active members and paid-subscription holders (non-commercial) are welcomed to post their want-ads, sales, trades, etc in the OrchidBids Auction feature of our Trading Post forum. Under no circumstance may any other RVO OrchidTalk forum or location (public or private) be used for this purpose.

Goods and services for sale, trade, or wanted *must* be listed in the OrchidBids Auction feature first before you post about them in the OrchidBids discussion forum. Posts which do not follow this rule will be edited or deleted without notice. Please note that by placing an item up for bid / sale here in the OrchidBids Auction, you are creating a contract between you and any potential buyer. Once you submit an item, you may not retract it, and you must sell it for the highest, qualifying bid offered. In other words, if you don't want to sell it, do not place it up for bid! OrchidTalk and RVO are not responsible for your transactions through this feature and cannot be held liable for any issues arising between members using this service. By listing, selling, bidding, or purchasing through OrchidBids, you acknowledge that OrchidTalk and RVO will not be held responsible for transactions that go bad or any problems which arise as a result of your transactions. Please, if you have any questions, use the contact us link and ask before posting a listing. The contact us link is on the bottom of every page on this website. Currently there is no ‘feedback’ method associated with the OrchidBids Auctions – forum feature. Consider carefully any sales and purchases before committing yourself to action. Only members with 20 or more posts and who have been active over the last month can take advantage of this FREE RVO OrchidTalk Feature. Subscribing members can use this feature at any post or activity level. Non-commercial individuals who are not active members of this community can participate by becoming an OrchidTalk ‘Pal’ subscribing member. If you are a Commercial Vendor who wishes to list 6 or more sales/auctions in a two week period using the OrchidBids feature, you must pay a sponsorship listing fee. Please contact an administrator before attempting to list your auctions and for a pricing breakdown.

Other than a cursory age check at the time of registration in compliance with the Children's Online Privacy Protection Act, rv-orchidworks.com does not verify the majority age of any of its OrchidTalk members, nor does it verify any OrchidTalk member's ability to enter into legally binding contracts, including this one. Children under the age of thirteen must use this site under parental supervision only. Those persons who, by reason of insanity or other mental incapacity, may not enter into legally binding contracts such that this Agreement is rendered null and void by their disability or handicap, are instructed not to use this Site at all. rv-orchidworks.com therefore assumes no liability whatsoever and shall be held harmless for the fiscal performance or lack thereof of any forum member with regard to any and all solicitations or advertisements of goods and services in breach of this Agreement. Solicitations and advertisements of goods and services for sale, trade, barter, or exchange will, if found, be summarily deleted without warning, and the posting of such messages may result in the suspension or permanent termination of your account.

Links: A member may post one link to another website if and only if the referenced site is educational, governmental, or not-for-profit in nature. The linked-to page may not contain references to or verbiage about products or services for sale, trade, or exchange, or itself contain promotionally worded links to pages with such content. Further, the linked-to page must not be off-topic to the forum in which it is being posted. Links or references to gardening or orchid-related forums are specifically forbidden.

Multiple Memberships: Persons joining the OrchidTalk forums may register under one username only. Applying for multiple memberships to avoid or sidestep any disciplinary action or account suspension will result in immediate and permanent account termination, and the banning or blockage of your or your ISP's access to the rv-orchidworks.com servers in their entirety.

River Valley Orchidworks Inc. also reserves the following rights:

To amend or change the River Valley Orchidworks Inc. OrchidTalk Forums Terms and Conditions at any time and without notice. To release current or past member information if River Valley Orchidworks Inc. believes that a member's account is in violation of these Terms and Conditions, is being used to commit unlawful acts, if the information is subpoenaed and/or if River Valley Orchidworks Inc. is complying with the edicts of the law. To deny membership to violators of the OrchidTalk Forums Terms and Conditions. To remove members for conduct that River Valley Orchidworks Inc. believes is harmful to other members, to non-members or to River Valley Orchidworks Inc. itself as an ongoing business concern.

River Valley Orchidworks Inc. makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the OrchidTalk Forums at any time regardless of subscriber status or length of subscription - paid or unpaid.

In no event shall River Valley Orchidworks Inc. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the OrchidTalk Forums or any content therein. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

 

Contact us:

If you have any questions concerning our Terms and Conditions of Use, you may contact us by using this form or calling us between the hours of 8:00 AM and 5:30 PM Central Time at 479.754.3262 and we will assist you promptly.

 
         
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