Terms of Service
Garden Collage Terms of Service
Effective Date: March 30, 2015
Garden Collage is the premier online lifestyle destination revolving around the garden. Our mission is to share with our readers a passion for this thriving ground up movement and hope to inspire our readers through garden profiles, interviews, exposes, videos, and captivating photo stores. Garden Collage operates http://gardencollage.com (collectively, the “Sites”) and offers various services, including online forums, on or through the Sites (collectively, the “Services”). PLEASE READ
THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
Acceptance of Terms
You are responsible for regularly reviewing the Terms of Service, which may be modified from time to time. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to these Terms of Service, Your only remedy is to stop Your use of the Sites and/or Services and terminate these Terms of Service as described in Section 9 (Termination and Survivability). Your continued use of the Sites and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITES AND/OR THE SERVICES. By using the Sites and/or the Services, You represent and warrant that
- You are 13 years of age or older;
- All information You submit to Garden Collage is truthful and accurate;
- You will maintain the accuracy of such information; and
- Your use of the Services or the Sites does not violate any applicable law or regulation.
- Access to the Site and Services
GARDEN COLLAGE RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS TO THE SITES AND/OR THE SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. GARDEN COLLAGE ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY GARDEN COLLAGE. YOU AGREE THAT GARDEN COLLAGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE, OR DISCONTINUANCE.
“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Sites and/or the Services, whether provided by Garden Collage or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF GARDEN COLLAGE AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY GARDEN COLLAGE, YOU, OR A THIRD PARTY.
The Content, Services and Sites are protected by copyrights, trademarks, and other proprietary rights owned by Garden Collage, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content. Except as expressly provided herein, Garden Collage and its licensors do not grant You any express or implied rights, and all right, title and interest that Garden Collage has in the Sites and/or the Services, that are not expressly granted by Garden Collage to You are retained by Garden Collage.
You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Sites or Services, or any information obtained from the Sites or the Services, without the prior express written consent of Garden Collage.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE AS PART OF THE GARDEN COLLAGE SITES OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY GARDEN COLLAGE OR ANY OF ITS EMPLOYEES.
You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Sites and/or the Services.
You agree that any Content You submit does not create an obligation for Garden Collage to provide You any payment or other remuneration. If and to the extent You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, You hereby transfer, grant, convey, assign and relinquish exclusively to Garden Collage all of Your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, You hereby grant to Garden Collage, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed.
ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF GARDEN COLLAGE’S COPYRIGHT RIGHTS IN AND TO THE CONTENT.
You may not, under any circumstances, exploit the Content or the Services for any purpose whatsoever including using the Content or the Services in any manner:
- That is unlawful;
- That could damage, disable, overburden, or impair any Garden Collage server or the network(s) connected to any Garden Collage server;
- That could interfere with any other party’s use and enjoyment of the Services;
- That gains or attempts to gain unauthorized access to any Services, unpublished information or material, or computer systems and/or networks connected to any Garden Collage server, or to any of the Services, through hacking, password mining or any other means;
- That collects or aggregates information regarding other users’ actions relating to the Services;
- That reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Sites;
- That frames or mirrors any part of the Sites and/or Services without Garden Collage’s express prior written consent; or
- That removes, alters, or conceals any copyright, trademark, patent or other proprietary rights notices contained in the Sites, Services and/or the Content.
By providing Your email address to Garden Collage and subscribing to Garden Collage communications, You understand You may receive periodic information regarding current and future services offered on the Sites and/or the Services and/or related third party products. You may unsubscribe at any time by sending an email stating Your intention to terminate these Terms of Service to Garden Collage at: email@example.com, Attn: Accounts Department with the subject line “Unsubscribe”. Unsubscribing to Garden Collage communications will not be effective until acknowledged by Garden Collage but not more than twenty (20) business days after sending such email.
Jurisdictional Issues and Export Control Laws
The Sites and/or Services are controlled and operated by Garden Collage from its offices within the United States. Garden Collage makes no representation that Content and other materials available through the Sites and/or Services are appropriate or available for use in any other locations. Those who choose to access the Sites and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Termination and Survivability
These Terms of Service are effective until terminated. Garden Collage may terminate these Terms of Service with or without notice to You by terminating Your access to the Sites and Service as set forth in Section 3 (Access to the Site and Services). You may terminate these Terms of Service by ceasing to use the Sites and Services or by sending an email stating Your intention to terminate these Terms of Service to Garden Collage at: firstname.lastname@example.org, Attn: Accounts Department with the subject line “Termination”. Such termination will not be effective until acknowledged by Garden Collage but not more than twenty (20) business days after sending such termination email.
The provisions of Sections 4 (Content), 5 (Service Limitations), 9 (Termination and Survivability), 11 (Copyright Policy), 12 (Disclaimer of Warranty; Limitation of Liability), 13 (Indemnity), and 14 (Jurisdiction and Choice of Law) shall survive any termination of these Terms of Service.
Links to Third-Party Sites
The Sites may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by Garden Collage. Garden Collage is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Garden Collage provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Garden Collage of any Linked Site.
Garden Collage does not endorse, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any Linked Sites. You agree that Your use of the Linked Sites, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Sites, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Sites.
You acknowledge that Garden Collage is not a part to any possible future disputes between You and the Linked Sites. Resolution of any dispute is the full and sole responsibility of the involved parties and Garden Collage will not act as a mediator between them. You release Garden Collage, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.
You will refrain from posting any information or items to the Sites or through the Services which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Garden Collage infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
Please see the requirements and specific instructions for submitting a notice to Garden Collage in Garden Collage’s Copyright Policy [NOTE: Insert hyperlink to Copyright Policy here.]. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Garden Collage a counter-notice. Please refer to Garden Collage’s Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
Notices and counter-notices with respect to the Sites, including the Services, should be sent to the Garden Collage’s DMCA Agent for notice of claims of copyright infringement at:
DMCA Agent, Garden Collage
79 Madison Avenue
New York, NY
Attn: [Daisy Helman]
or, by telephone: +1 917 825 4514
or, by [email@example.com] with the subject line “DMCA Communication”
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES.
GARDEN COLLAGE PROVIDES THE GARDEN COLLAGE SITES AND SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GARDEN COLLAGE SITES AND/OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GARDEN COLLAGE WILL HAVE ADEQUATE CAPACITY FOR THE GARDEN COLLAGE SITES AND/OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. GARDEN COLLAGE DOES NOT WARRANT THAT YOUR USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GARDEN COLLAGE SITES (OR ANY PART THEREOF INCLUDING THE CONTENT), THE SERVER(S) ON WHICH THE GARDEN COLLAGE SITES ARE HOSTED OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GARDEN COLLAGE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL GARDEN COLLAGE OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, OR COMPUTER VIRUS. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GARDEN COLLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GARDEN COLLAGE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Garden Collage and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of (a) Your use of, or activities in connection with the Sites, including the Services; or (b) any violation of these Terms of Service by You.
Jurisdiction and Choice of Law
These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of New York. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of New York County, New York without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods.
Garden Collage may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without Garden Collage’s express prior written consent.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices to You may be made via posting to the Sites, by email, or by regular mail, in Garden Collage’s discretion. Garden Collage may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on Garden Collage’s Sites. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Garden Collage with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Garden Collage with respect to its subject matter.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions, comments or complaints regarding these Terms of Service or the Sites or Services, feel free to contact us at: firstname.lastname@example.org.
© 2015 Garden Collage – All Rights Reserved.