TERMS OF USE
GridJungle.com (GJ), is provided to you under the under the following TERMS AND CONDITIONS. The TERMS AND CONDITIONS comprise the entire agreement between You and GJ. The TERMS AND CONDITIONS may be updated by us from time to time without notice to You. By using GJ, you are indicating your agreement to be bound by all of the TERMS AND CONDITIONS.
DESCRIPTION OF SITE
GJ currently provides users with access to a wide array of services, content and resources, including various communications tools, personalized content, images, etc. ("Site"). You also understand and agree that the Site may include advertisements and that these advertisements are necessary for GJ to provide the Site. You also understand and agree that the Site may include certain communications from GJ, such as announcements and administrative messages, and that these communications are considered part of GJ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new GJ properties, shall be subject to the TERMS AND CONDITIONS. You understand and agree that the Site is provided "AS-IS" and that GJ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and your dog(s) as prompted by the Site's signup form and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GJ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GJ has the right to suspend or terminate your account and refuse any and all current or future use of the Site. You may only create one account and each dog can only be associated with one account. GJ is concerned about the safety and privacy of all its users, particularly minors. For this reason, anyone under the age of 18 is prohibited from using the Site without supervision by a legal guardian. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or Content are appropriate.
YOUR CONDUCT
You understand that all information, text, data, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GJ, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. GJ does not control the Content posted via the Site and as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GJ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You agree to not use the Site to:- upload, email, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- harm minors or animals in any way.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law.
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
- intentionally or unintentionally violate any applicable local, state, national or international law.
- "stalk" or otherwise harass another.
You acknowledge that GJ may not pre-screen Content, but that GJ and its designees shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GJ or submitted to GJ.
You acknowledge, consent and agree that GJ may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS AND CONDITIONS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GJ, its users and the public.
CONTENT MADE AVAILABLE FOR INCLUSION ON THE SITE
GJ does not claim ownership of Content you submit or make available for inclusion on the Site. However, with respect to Content you submit or make available to the Site, you grant GJ the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site for the purposes of providing and promoting GJ. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or GJ removes such Content from the Site.
INDEMNITY
You agree to indemnify and hold GJ, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TERMS AND CONDITIONS or your violation of any rights of another.
NO RESALE OF SITE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
MODIFICATIONS TO SITE
GJ may change the TERMS AND CONDITIONS and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by You of the TERMS AND CONDITIONS and its modifications; and (2) agreement by You to abide and be bound by the TERMS AND CONDITIONS and its modifications; and (3) You agree that GJ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
TERMINATION
You agree that GJ may, under certain circumstances and without prior notice, immediately terminate your GJ account and access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS AND CONDITIONS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site, (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your GJ account includes (a) removal of access to all offerings within the Site (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the Site. Further, you agree that all terminations for cause shall be made in GJ's sole discretion and that GJ shall not be liable to you or any third-party for any termination of your account.
Should you object to any terms and conditions of the TERMS AND CONDITIONS or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GJ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
LINKS
The Site may provide, or third parties may provide, links to other websites or resources. Because GJ has no control over such sites and resources, you acknowledge and agree that GJ is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GJ 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 content, goods or services available on or through any such site or resource.
GJ'S PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GJ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
GJ grants you a personal, non-transferable and non-exclusive right and license to use its Site and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by GJ for use in accessing the Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:|
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YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. GJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
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ii. |
GJ MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
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iii. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
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iv. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GJ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. |
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GJ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
NOTICE
Notices to you may be made via either email or regular mail. However, GJ reserves the right to modify or discontinue the Site with or without notice to you. The Site may also provide notices of changes to the TERMS AND CONDITIONS or other matters by displaying notices or links to notices to you generally on the Site.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TERMS AND CONDITIONS, there shall be no third party beneficiaries to this Agreement.
COPYRIGHT POLICY
GJ respects the intellectual property rights of others and expects its users to do the same. It is GJ's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, GJ will respond expeditiously to claims of copyright infringement committed using the GJ website (the "Site") that are reported to GJ's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the website by completing the following DMCA Notice of Alleged Infringement and delivering it to GJ's Designated Copyright Agent. Upon receipt of the Notice as described below, GJ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website. DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." - Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to GJ's Designated Copyright Agent:
GridJungle Copyright Agent
Email:
GENERAL INFORMATION
Entire Agreement. The TERMS AND CONDITIONS constitute the entire agreement between you and GJ and govern your use of the Site, superseding any prior agreements between you and GJ. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GJ services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of GJ to exercise or enforce any right or provision of the TERMS AND CONDITIONS shall not constitute a waiver of such right or provision. If any provision of the TERMS AND CONDITIONS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS AND CONDITIONS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
APPLICABLE LAW AND DISPUTES
By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these TERMS AND CONDITIONS and any dispute of any sort that might arise between You and GJ or any of its affiliates.
Any dispute relating in any way to your visit to our website shall be submitted to confidential arbitration in Los Angeles, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.