GARDEN DESTINATIONS PRIVACY POLICY
Last Updated February 19, 2016
Privacy Policy. Garden Destinations, LLC (“Garden Destinations,” “we” or “us”) values its customers and respects their concerns about privacy. This Privacy Policy (“Privacy Policy” or “Policy”) describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our Policy also describes the choices you can make about how we collect and use certain of that information. If our information practices change, we will post an updated Policy on our Website. You can tell if the Privacy Policy has changed by checking the “Last Updated” date that appears on this Policy. By visiting the Website, you are acknowledging and accepting this Policy. Your continued use of the Website after changes have been posted to the Policy will constitute your acceptance of the changes.
Terms of Use. Please review our Terms of Use, which you can access through a link on our Website home page. This Privacy Policy is incorporated into, and made a part of, our Terms of Use. If you do not agree with our Terms of Use, you are not permitted to access or otherwise use the Website.
Content You Provide. Unless otherwise indicated in this Privacy Policy or our Terms of Use, any information and content you provide or disclose while using the Website becomes public information and may be redistributed or republished by Garden Destinations. If you post content, such as messages, photos and videos, please be aware that any personally identifiable information contained in such content is accessible to registered users and unregistered visitors to the Website, including the “community features” (as defined in our Terms of Use) provided on or through our Website. We have no control over how those users may use your personally identifiable information. Accordingly, you agree not share personally identifiable information with others directly on or through our Website, except as otherwise permitted by this Privacy Policy or our Terms of Use. We reserve the right, but do not undertake the obligation, to monitor any activity and content posted on our Website, and take action in connection with any content we deem in violation of this Privacy Policy, the Terms of Use, or otherwise inappropriate. Please review our Terms of Use for more information regarding your use of the Website.
Social Media Links. You may be given the option to link your social media accounts, such as your Facebook, Instagram and Twitter accounts, so that you can comment on, or take advantage of, the Website. When you comment on the Website using your social media account user names and passwords and, for example, clicking “allow” on your Facebook permission authorization screen, you grant us permission to capture, store, use and display your social media account user ID, your basic social media account profile information, and any other information from your social media account profile that you specifically allow us to access. The authentication of your social media account login credentials is conducted through the relevant social media service provider.
Information Provided About Other People. If you send someone else a communication from or through the Website, such as sending an invitation to a friend to view a favorite article, the information you provide (e.g. names and email addresses) is used to facilitate the communication and is not used for any other marketing purpose, unless we obtain consent from that person or we explicitly disclose otherwise. If that person becomes a user of our Website, her or his information will be treated in the same manner as all other users of the Website. Please be aware that, when you send a message from or through our Website, your email address may be included in the communication sent to your recipient.
Information Collected From Other People and Sources. We may acquire information from other sources to update or supplement the information you provide or we collect automatically, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for other business purposes. We use third-party analytical and other tools to better understand who is using our Website, how people are using the Website, how to improve the Website, and to serve more targeted content and advertising to you. Those third parties may use cookies, pixel tags or other technologies to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the Website, unique identifiers associated with your devices, type of operating system and browser used, and other web sites you may have visited. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies.
Cookies. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our Website. We may also obtain information about your general Internet usage by using cookies. Cookies are small files that are stored on your computer. We may use cookies to help optimize your user experience. For example, we may use cookies to customize our home page for you and to better display pages according to your browser type. We may combine the information we collect through cookies with other information we have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver messages or information to you, to determine the effectiveness of our advertising, and for other internal business purposes. Cookies (and pixel tags, explained below) may be used to track your interactions with the Website, such as when you receive, open, or click a link in a message from us. You may refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies.
Pixel Tags. We may use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”), which are tiny graphic images, on our Website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our Website and our advertising. We work with service providers that help us track, collect, and analyze this information. Pixel tags on our Website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited before coming to our Website.
Electronic Newsletters. You may be able to sign up to receive electronic newsletters from us. To sign up we may ask for information such as your name, email address, gender, age, and email preferences. You will receive electronic newsletters from us only if you have asked to receive them. If you do not want to receive electronic newsletters from us, you may click on the unsubscribe link at the bottom of any electronic newsletter communication sent by us. Please allow up to ten business days from when the request was received to implement your unsubscribe request.
Surveys, Sweepstakes and Promotions. You may be able to participate in surveys, sweepstakes and promotions (individually and collectively, “promotion(s)”). By participating in a promotion, you agree to the official rules that govern the promotion. We may request information such as your name, age, email address, mailing address, telephone number, and interests or product preferences. This information may used to enter you into our promotions. We may use this information to communicate with you about our products, services and promotions. If you choose to enter a promotion, your personal information may be disclosed to third parties or the public in connection with the administration of the promotion and as permitted by the promotion’s official rules or required by law.
Purchasing Products and Services. You may be able to purchase certain products and services on this Website and make payment to us through our third party payment gateway provider(s). We will ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order, and ship the items to you. If, in connection with your purchase, you elect to be added to our electronic newsletter list, we may use your contact information to communicate with you about our products, services and promotions.
Use of Your Information. We may use Information that we collect about you: (1) to provide you with information or services or process transactions that you have requested or agreed to receive; (2) to provide you with information regarding new features, products or services; (3) to improve the Website or our features, products and services, and to customize your experience; (4) to contact you regarding your use of the Website and, in our discretion, changes to the Website and/or our policies; (5) for internal business purposes; and (6) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
Transactional Communications. We may send you notices from time to time relating to your account or your subscriptions. These may include order confirmations, renewal notices, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our Website is temporarily suspended for maintenance, the delivery of a product is delayed, or there is some service issue with something you may have ordered. You may not opt-out of receiving these communications, which are not promotional in nature.
Service Providers. We may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with outside companies to: (a) manage a database of subscriber or customer information; (b) process and receive payments for products and services sold on or through our Website; (c) assist us in distributing emails messages; (d) assist us with direct marketing and data collection; (e) provide us data storage and analysis; (f) provide fraud prevention; (g) provide customer service by phone; and (h) other services designed to assist us in maximizing our business and operations. We require that these outside companies agree to keep confidential all proprietary information we share with them and to use the information only to perform their obligations under our agreements with them.
Third Party Advertising. We also may use third-party ad servers and ad networks to serve advertisements when you visit the Website. These companies and the advertisers themselves may use information about your visits on other web sites and our Website in order to provide advertisements about goods and services of interest to you. In the course of serving advertisements to our Website, these third-party ad servers or ad networks use technology to send, directly to your device, the advertisements and links that appear on the Website. They automatically receive your device identifier when this happens. They may also use tracking technologies to measure the effectiveness of their advertisements and to personalize the advertising content. This Privacy Policy does not apply to, and we cannot control the activities of, such advertisers, ad servers or ad networks.
Co-branded Areas. Certain areas on our Website may be provided to you in association with third parties such as sponsors or advertisers (“co-branded areas”) and may request that you disclose personal information to them. These co-branded areas will identify the third party. If you elect to register for products and/or services at co-branded areas, you may be providing your information to both the third party and us. Your personal information will be subject to this Privacy Policy as well as the privacy policy and practices of the third party. We are not responsible for the privacy policy of practices of such third party. You should consult the respective privacy policies of those third party sponsors or advertisers to learn more about their privacy practices.
Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you (including, without limitation, the contents of any chat, messaging, or other communication posted in the community features, as defined in our Terms of Use), and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Use, or any activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information and/or communications in situations that we believe to be: (i) emergencies involving potential threats to the physical safety of any person or property, if we believe that your information in any way relates to that threat; or (ii) your conduct on the Website or when using the community features that we believe is inappropriate and inconsistent with generally accepted norms of behavior.
Sale or Transfer of Business or Assets. In the event that we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personally identifiable information of our visitors may be one of the assets sold or merged in connection with that transaction. Information about our visitors and registered users may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.
Choice and Opt Out. You may close your account on our Website or opt out of our sharing information with third parties for marketing purposes by emailing us at – publisher (at) gardendestinations.com – or sending mail through the U.S. Postal Service (certified mail, return receipt requested is recommended) to the following address:
Garden Destinations, LLC
PO Box 91132
Raleigh, NC 27675
Attention: Publisher
If you prefer not to receive electronic promotional communications, you can opt-out by following the unsubscribe instructions included in each such communication. Please allow up to ten business days from when the request was received to implement your unsubscribe request.
Links to other Sites and Communities. To the extent hyperlinks may be utilized to access external or third party sites and communities, you should be aware that these external or third party site and communities are not controlled by us and, therefore, are not subject to this Privacy Policy. We recommend that you check the privacy policies of each such site and community to determine how your personal information will be utilized by their proprietors.
Security. We implement safeguards to help protect against the loss, misuse and alteration of information under our control. However, despite our efforts, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be completely secure. Please note that we cannot ensure and do not undertake any obligation to ensure the security of any information you transmit to us, and your use of the Website indicates that you are willing to assume this risk.
Children’s Privacy. The Website is provided for a general purpose audience and is not directed or intended for children under 13 years of age. We do not knowingly collect personal information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide personal information on the Website. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s personal information from our systems.
No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
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Garden Destinations Terms of Use
Last Updated February 19, 2016
Agreement. Please read the following terms and conditions (the “Terms of Use”) carefully before using the Garden Destinations website located at www.gardendestinations.com (the or our “Website”). By visiting or accessing the Website, you agree to be bound by these Terms of Use and acknowledge that these Terms of Use constitute a binding, legal agreement between you and Garden Destinations, LLC. Garden Destinations, LLC (“Garden Destinations,” “we” or “us”) may amend this Agreement at any time by posting the amended Terms of Use on the Website and you agree that your use of the Website after such changes will constitute your acceptance of those changes. For your convenience, the date of last revision is included at the top of this page. If you do not agree with the terms of this Agreement, you are not permitted to access or otherwise use the Website.
Minimum Age. You represent and warrant to Garden Destinations that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. If you are under 18 years old, you may use the Website only with the involvement of a parent or guardian.
Privacy Policy. We respect your privacy and the privacy of all of our users. Please review our Privacy Policy, which you can access through a link on our Website home page. Our Privacy Policy hereby is incorporated into, and made a part of, this Agreement. If you do not agree with our Privacy Policy, you are not permitted to access or otherwise use the Website.
Right to Change Website and Terms. We reserve the right, at any time and in our sole discretion, to modify, suspend or discontinue the Website and any policy (including without limitation our Privacy Policy), feature, service or product offered through the Website and to modify or waive any fees applicable to your use of the Website or such offerings.
For International Website Users. We operate this Website from the United States. If you use the Website in a jurisdiction that prohibits or restricts the use of the Website, you agree that your use of the Website will be at your own risk, without limitation of any other provision of this Agreement, and that Garden Destinations and its affiliates will have no liability with respect to such use.
Noncommercial Use. You agree to use the Website only in a noncommercial manner. You agree not to post, transmit or otherwise distribute to the Website any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation of our noncommercial use requirement to – publisher (at) gardendestinations.com.
Intellectual Property Ownership and Use. Please be aware that, as you visit and navigate the Website, your use is subject to applicable intellectual property laws governing the use of our and our licensors’ intellectual property.
Trademarks. You may not use our trademarks, trade names or trade dress without our prior written permission. Without limitation of the forgoing, you may not use our trademarks, trade names or trade dress: in, as, or as part of, your own trademarks or those of any third parties; to identify products or services that are not those of Garden Destinations; in a manner likely to cause confusion; or in a manner that implies that Garden Destinations sponsors or endorses or is otherwise connected with your own activities, products or services or those of other parties. Trademarks or trade dress include the Garden Destinations™ word mark and logo, the Website layout and design and other graphics, logos, page headers, button icons and scripts, and the names of Garden Destinations’ features, products, services, or programs. Any other trademarks that appear on our Website are the property of their respective owners and may not be used without the owner’s permission.
Copyrights. All text, graphics, photographs, articles, posts, logos, button icons, images, audio clips, digital downloads, data compilations and all the like appearing on the Website, as well as the software used to create them, are owned by us or our licensors and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes. Any other use of the content included on the Website, including framing to the Website, is strictly prohibited unless you first obtain our prior written consent.
Non-confidential Information. Except for information necessary to (i) place and receive an order through our Website, (ii) provide us with a notification pursuant to the Digital Millennium Copyright Act (“DCMA”) (see Protecting Copyrights And Other Intellectual Property below), or (iii) as otherwise permitted by our Terms of Use or Privacy Policy, you agree not to send us any confidential, personally identifiable, or proprietary information through this Website. Any such information sent to us will be considered non-confidential, and by submitting this information you thereby will grant us the perpetual right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
Errors and Inaccuracies. We strive to provide complete, accurate, and up-to-date information on our Website. Unfortunately, however, errors may occur. The Website may contain errors, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Transactions. We reserve the right to cancel any order you place with us. In the event we cancel an order, we will attempt to contact you by using the email address or phone number used at the time the order was placed.
Shipments. Orders for physical products, such as printed versions of our Garden DestinationsTM magazine, will be shipped to the address designated by the purchaser as long as that shipping address complies with our shipping requirements. All purchases from our Website are made pursuant to the terms and conditions found on the Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier.
Sales and Use Taxes. For any purchase of products or services we offer on or through our Website, we reserve the right to collect, or require our third party payment gateway provider(s) to collect, applicable sales taxes in states where we have a physical presence or in other states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA). Even if we do not collect sales taxes from you, you may owe sales taxes on your purchase and may be required to report and pay such taxes on all purchases that are not taxed at the time of sale. These taxes may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
Links to Other Sites. Our Website may contain links and pointers to other sites on the Internet which may be maintained by third parties. These links do not constitute an endorsement by Garden Destinations of any third-party site or any materials contained therein. We do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible through or from such third-party sites.
Third-Party Content. We do not endorse the views expressed in any of the stories, articles, advertisements or other content on our Website that is provided by other parties. We do not represent or warrant that the information contained in, or otherwise conveyed by, such content is accurate. Your use of and/or reliance on any such content is at your sole risk. Prior to purchasing any third-party products or services described on the Website, you are advised to verify pricing and other, relevant information. Garden Destinations is not responsible for, and shall have no liability arising from, your purchases of third-party goods or services based upon information provided on or through the Website.
User Forums. Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website (“user forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the user forums (“community content”) is responsible for the reliability, accuracy, and truthfulness of such content, and Garden Destinations has no control over, and does not endorse, the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaim any responsibility for such material.
Unsolicited Email. You agree not to use the Website user forums or any other area of the Website to transmit, or facilitate the transmission by others of, the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Website or any equipment or network owned or operated by or on behalf of Garden Destinations. A message is unsolicited if it is sent to a recipient who has not previously requested or invited the message.
Community Features and Guidelines. As a convenience to our visitors, we may provide, at our sole discretion, one or more comment areas, e-mail functions, messaging services, file communities, polls, surveys, social media features (e.g. Facebook, Twitter and Instagram), and other services (collectively, the “community features”). Entering or using any community feature will constitute acceptance of these community guidelines. If you do not agree to abide by the community guidelines, please do not enter or use any community features. You are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. Listed below are some, though not all, violations that may result in Garden Destinations terminating or suspending your access to community features on a temporary or permanent basis, as determined by us in our sole discretion (“community guidelines”). You agree not to engage in any of the following actions or conduct while using any of the community features:
- Violate these community guidelines or abuse the community purpose of the comment areas.
- Participate in any part of the Website if you are under the age of 18.
- Use profanity, obscenities, or **asterisks** or other “masking” characters to disguise profane or obscene words.
- Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening or harassing language of any kind.
- Impersonate other users.
- Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to respectfully offer your opinions or comments on the subject at hand.
- Post topics on message boards, on the Website, or within any of the community features that are unrelated to the subject of the Website.
- Advertise or promote other companies or urls.
- Share personally identifiable information with others on the Website.
- Include advertising in communications.
- Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Garden Destinations all of the license rights granted herein.
- Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
- Distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
- Collect or harvest the information of any user or otherwise access the Website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
Information disclosed in community features is by design revealed to the public. We are not responsible for any information you choose to disclose to others. We reserve the right, but not the obligation, to remove any posts for any reason. Garden Destinations does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. By posting or uploading community content to any community feature or submitting any other community content to the Website, you grant (or warrant that the owner of such rights has expressly granted) Garden Destinations a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, disclose, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. You represent and warrant that the content as uploaded or posted by you does not infringe upon the rights of any third parties, including, without limitation, any intellectual property rights, copyrights, rights of publicity or privacy, so called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
Submission Policy. Garden Destinations is pleased to hear from its users and welcomes your comments regarding its services and products. However, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Garden Destinations might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories, designs, photographs, drawings, or original artwork.
If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, stories, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. Accordingly, none of the submissions shall be subject to any obligation of confidence on the part of Garden Destinations. By sending one or more submissions to the Website or to Garden Destinations through the Website, you grant (or warrant that the owner of such rights has expressly granted) Garden Destinations a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, and distribute such submissions and to incorporate such submissions into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity, without according you any compensation or credit. You represent that such submissions do not infringe upon the rights of any third parties, including, without limitation, any intellectual property rights, copyrights, rights of publicity or privacy, so called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE WEBSITE, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND GARDEN DESTINATIONS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. GARDEN DESTINATIONS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. GARDEN DESTINATIONS AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GARDEN DESTINATIONS AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, GARDEN DESTINATIONS AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE WEBSITE; (2) OUR USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; AND (3) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Protecting Copyrights And Other Intellectual Property. We respect the intellectual property of others, and require that our users do the same. If you are a copyright owner or an agent thereof and believe that your work has been copied in any way, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:
Publisher email:
editor@gardendestinations.com
Mailing Address:
Garden Destinations, LLCPO Box 91132
Raleigh, NC 27675
Attention: Publisher
Termination. We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any feature, program or service offered on the Website, and your ability to access the Website, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that Garden Destinations and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
Assignment. We may at any time transfer our rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires any of our assets or with which we merge or combine.
Applicable Law and Jurisdiction. By visiting our Website, you agree that (a) the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern any and all disputes that arise between you and Garden Destinations or any of its Affiliates regarding your access to or use of the Sites, and (b) any legal action relating to such disputes must be brought, as applicable, in the North Carolina Trial Courts located in Wake County, North Carolina, or in the United States District Court for the Eastern District of North Carolina located in Wake County, North Carolina. You also consent and agree to submite to the personal jurisdiction in these courts and hereby waive any objection to such jurisdiction such as forum nonconveniens.
Miscellaneous. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with this Agreement does not waive our right to act with respect to subsequent or similar failures.
