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Tuesday, 28 August 2012 12:04

Terms of Use

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TERMS OF USE ("Terms of Use")

Welcome

Welcome to GrahamsGarden.com!

GrahamsGarden.com (the "GG") is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the "Services").

Please read the Terms of Use carefully. The Terms of Use include our policy for acceptable use of the GG Services and content, as well as your rights, obligations and restrictions regarding your use of the Services. We grant you a limited, revocable, non-exclusive license to access the Services for your own personal use, subject to the Terms of Use. Use of the Services beyond the scope of authorized access granted to you terminates this permission.

By accessing the Services, you accept, without limitation or qualification, the following Terms of Use, and our Privacy Policy, which is incorporated by this reference. You are only authorized to use the Services if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use, Privacy Policy and the Rules, then please discontinue your use of the GG and the Services.

We may modify the Terms of Use from time to time and each modification will be effective upon posting on the GG, which serves as notice to you. The Terms of Use constitute the entire agreement regarding your use of the GG or the Services and supersede any such prior Terms of Use. We will attempt to notify all members of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made.

Content on GG

You understand that all information, data, text, sound, photographs, graphics, video, postings, messages, software, tags, advertisements or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GG, are entirely responsible for all Content, which is intended to be available to the general public, that you upload, post, transmit or otherwise make available through the Services. We do not control the Content posted through the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Services are not necessarily those of GG or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.

Member Content: Responsibility for Your Content

You are solely responsible for the Content you submit or make available for inclusion through the Services ("Member Content") and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize GG to use all trademark, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended by the Services and the Terms of Use; you agree that you will not submit Member Content that violates these Terms of Use.

GG does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates or is contrary to applicable local, national, and international laws and regulations.

Member Content: Ownership & License

We do not claim ownership rights over your Member Content. However, you grant us a perpetual, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the Services, solely for the purpose for which such Member Content was submitted or made available. You grant each user of the Services a non-exclusive license to access your Member Content, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Services under these Terms of Use.

Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Services by GG and/or its members, GG is under no obligation to delete or ask or require other GG members to delete that Member Content, and therefore, it may continue to appear and be used through the Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.

Permitted Use of Content

The content associated with the Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like ("GG Content") and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to GG, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, GG does not grant you any express or implied rights, and all rights in and to the Services and the GG Content are retained by GG.

You may access Member Content for your information and personal, non-commercial, use solely as intended through the provided functionality of the Services. Member Content and GG Content are provided to you "AS IS" and "AS AVAILABLE" for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.

Member Accounts

In order to participate in the Services, you must create an account and become a GG member. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member's right to use the Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify GG of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of GG, and that we have no obligation to monitor or resolve disputes between members of GG.

User Conduct

You may not use the Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms. Your access to the Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, or for any other reason, or no reason. You expressly agree not to:

Act as an agent, affiliate or representative of the Services and utilize the Services or Member Content or GG Content for any commercial purpose other than for which the Services is intended without our express written permission,
Access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
"Frame," "mirror" or otherwise incorporate any part of the Services into any other website without our prior written permission.
You agree not to use the Services for any commercial use, without the prior, written authorization of GG. Prohibited commercial uses include any of the following actions taken without our express approval:

  • Sale of access to the Services on another website,
  • Use of the Services for the primary purpose of gaining advertising or subscription revenue,
  • Sale of advertising on the Services or any third-party website, targeted specific Member Content or GG Content, and
  • Use of the Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Services, GG Content, or Member Content.
  • Unauthorized commercial uses do not include uploading Member Content to the Services to promote your business or artistic enterprise, or any use that GG expressly authorizes in writing.

The following behaviors or activities are strictly prohibited when using the Services:

  • Strong, vulgar, obscene or otherwise harmful language,
  • Racially, ethnically or otherwise, objectionable language,
  • Harassing, intimidating, stalking or threatening other GG members,
  • Libelous, defamatory or otherwise tortuous language,
  • Online vandalism,
  • Impersonation of another person,
  • Posting, distributing, transmitting or promoting illegal Content,
  • Invasion of another's privacy,
  • Actions that are hurtful to minors,
  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
  • Posting, providing, transmitting or otherwise making available any junk mail or spam, and
  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Services.

We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing GG to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

Termination of Service

You agree that GG, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that GG will not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after your member account has been terminated.

You agree that if you are dissatisfied with the Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the Services, your sole and exclusive remedy is to discontinue using the Services.

Links

The Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that GG is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

Indemnity

You agree to defend, indemnify and hold GG, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and GG moderators harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.

Trademark Information

GG and its logo are trademarks. You agree that all GG trademarks, including GG trade names, service marks, logos and service names are trademarks and the property of GG. Without our prior permission, you agree not to display or use in any manner any GG mark. All trademarks included in the Services that are not owned by GG are the property of their respective owners. Nothing contained on the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

Disclaimer of Warranties / Limitation of Liability

You understand and agree that the Services are provided "AS-IS" or "AS AVAILABLE," and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the Services shall create any warranty not expressly stated in these Terms of Use. In no event shall GG or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of the Services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.

We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, GG members or users of the Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.

You are not allowed to promote a contest, sweepstakes or giveaway on GG without our expressed, advanced approval.

Wednesday, 04 January 2012 16:10

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