Gardener's referenceGarden Handbook

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these Terms and Conditions and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms and Conditions, please do not use the Site.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE EDITORIAL COMMENTARY AND TRANSCRIPTIONS ON THIS SITE MAY BE INCORRECT, INCOMPLETE OR MISLEADING, AND THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING THEM BEFORE RELYING ON THEM. HISTORICAL MATERIAL REPRODUCED ON THIS SITE REFLECTS THE VIEWS, ASSUMPTIONS AND FACTUAL ERRORS OF ITS OWN TIME AND IS PRESENTED AS A HISTORICAL RECORD RATHER THAN AS CURRENT ADVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SITE OR SERVICE.

  1. This web site (the "Site") is owned and operated by PhotoOpAI, Inc. ("PhotoOpAI"). These terms and conditions ("Terms and Conditions") govern you accessing content and using the Site, including the historical archive and editorial material PhotoOpAI publishes on it (the "Service"). The Service presents digitised historical material that is in the public domain — books, newspapers and other printed works — together with transcriptions of that material and original editorial commentary prepared by PhotoOpAI. The Site is read-only: it has no user accounts, it accepts no uploads, and it invites no submissions of text, images or other material. The Site and its contents may only be accessed for personal use. No material from PhotoOpAI or any web site owned, operated, licensed, or controlled by PhotoOpAI may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of PhotoOpAI's copyright and other proprietary rights.

  2. For purposes of this Terms and Conditions, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to PhotoOpAI or other respective owners that have granted PhotoOpAI the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering, and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site, or any content contained therein.

  3. Editorial Content Disclaimers.

    1. THE SERVICE DOES NOT PROVIDE PROFESSIONAL ADVICE. The editorial commentary and transcriptions provided by the Service are for informational purposes only and should not be relied upon as safety instructions, financial advice, medical advice, legal advice, fitness advice, or any other form of professional consultation.
    2. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SERVICE. Before taking any action based on the editorial commentary or transcriptions on this Site, you should verify information with qualified professionals when appropriate, exercise reasonable judgment and caution, consider potential risks and safety concerns, and seek professional advice for any situation involving health, safety, or significant financial decisions.
    3. While PhotoOpAI uses reasonable efforts to include accurate and up-to-date information on the Site, PhotoOpAI makes no warranties or representations as to its accuracy. The editorial commentary and transcriptions may be incorrect, outdated, incomplete, misleading, or inappropriate for your specific situation. PhotoOpAI assumes no liability or responsibility for any errors or representations in the content of this Site.

  4. The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("External Sites"). You acknowledge that PhotoOpAI is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

  5. You agree NOT to use the Service or Site for any of the following purposes:

    1. Any illegal purpose or activity that violates any applicable laws or regulations.
    2. Creating, distributing, or facilitating the creation of weapons, explosives, or dangerous materials.
    3. Circumventing security systems, locks, or access controls for unauthorized purposes.
    4. Any activity that could cause harm to persons or property.
    5. Stalking, harassment, or invasion of privacy.
    6. Any fraudulent or deceptive practices.
    7. Using the Service to generate instructions for hacking, cracking, or bypassing security measures.
    8. Attempting to reverse engineer, decompile, or extract proprietary algorithms or models from the Service.
    9. Using the Service to create competing products or services.
    10. Automated or systematic collection of data from the Service (scraping, crawling, etc.).
    11. Any use that could damage, disable, overburden, or impair the Service.
    12. Using the Service for situations involving significant safety risks without independent verification.
    13. Relying on the Service for medical diagnosis, treatment, or emergency situations.
    14. Any application where an error in the material on this Site could result in death, personal injury, or significant property damage.

  6. Any correction, suggestion or other message you send PhotoOpAI must not contain unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene or hateful content, content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party.

  7. You agree not to impersonate any person and/or other entity or communicate under a false name or a name you are not entitled or authorized to use. PhotoOpAI has the right (but not the obligation) to remove, prohibit, edit, or discontinue any content on the Site. PhotoOpAI reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including removing content and reporting violations to law enforcement authorities.

  8. The Site accepts no user submissions, so no licence in user content is granted or required. If you send PhotoOpAI a correction, suggestion or other message, you agree that PhotoOpAI may use it to improve the Site without obligation to you.

  9. The Site does not accept photographs or other uploads, so no user images are transmitted to PhotoOpAI or to any third-party service.

  10. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the Terms and Conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. PhotoOpAI may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

  11. You shall not transmit to PhotoOpAI or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

  12. If the Site or Service requires account creation, you are responsible for maintaining the confidentiality of your password and account credentials. You may not share your account or allow others to use your credentials. You are responsible for all activities that occur under your account. You must notify PhotoOpAI immediately of any unauthorized use of your account.

  13. PhotoOpAI reserves the right to terminate or suspend your access to the Site or Service at any time, for any reason or no reason, with or without notice, including but not limited to violation of these Terms and Conditions, fraudulent, abusive, or illegal activity, or conduct harmful to other users, PhotoOpAI, or third parties.

  14. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of PhotoOpAI's proprietary rights in them. PhotoOpAI Site pages may contain other proprietary notices and copyright information that should be observed.

  15. THE MATERIALS ON THIS SITE AND ALL CONTENT PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PHOTOOPAI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR FOR ANY ACTIONS TAKEN BASED ON THE CONTENT OF THIS SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PHOTOOPAI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

  16. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHOTOOPAI OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, OR ANY RELIANCE ON THE CONTENT PROVIDED BY THE SERVICE, OR ANY ACTIONS TAKEN BASED ON SERVICE OUTPUT, EVEN IF PHOTOOPAI OR AN PHOTOOPAI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF PHOTOOPAI IS FOUND LIABLE FOR ANY LOSS OR DAMAGE, PHOTOOPAI'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  17. You agree to defend, indemnify, and hold harmless PhotoOpAI and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your use or misuse of the Site or Service; (ii) any content you submit, upload, or transmit; (iii) your violation of these Terms and Conditions; (iv) your violation of any rights of any third party; (v) your violation of any applicable laws or regulations; or (vi) any actions you take based on content from the Service.

  18. You hereby release, discharge, and forever hold harmless PhotoOpAI, Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and suppliers (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, costs, and expenses (including attorneys' fees) of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you now have, have ever had, or may hereafter have against the Released Parties arising out of or in any way related to (i) your use of the Site or Service; (ii) any content, suggestions, instructions, or information provided by the Service; (iii) any actions you take or fail to take based on content provided by the Service; (iv) any errors, inaccuracies, omissions, or deficiencies in the content of the Site; (v) any reliance on the editorial commentary or transcriptions published on the Site; or (vi) any damages to persons or property arising from your use of or reliance on the Service. You expressly waive any protections that would otherwise limit this release to claims that you know or suspect to exist at the time of executing this release.

  19. These Terms and Conditions shall be governed and interpreted by the internal laws of the State of Texas without regard to the conflicts of law provisions thereof. All disputes, controversies, and claims from or relating to these Terms and Conditions, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site.