Welcome to DavesGarden.com!
DavesGarden.com (the "DG") 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").
Content on DG
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 DG, 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 DG 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
DG 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
Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Services by DG and/or its members, DG is under no obligation to delete or ask or require other DG 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 ("DG Content") and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to DG, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, DG does not grant you any express or implied rights, and all rights in and to the Services and the DG Content are retained by DG.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any DG member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure.
In order to participate in the Services, you must create an account and become a DG 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 DG 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 DG, and that we have no obligation to monitor or resolve disputes between members of DG.
Act as an agent, affiliate or representative of the Services and utilize the Services or Member Content or DG 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 DG. 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 DG 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, DG 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 DG 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 DG members,
Libelous, defamatory or otherwise tortuous language,
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.
Termination of Service
Subscription fees / Refund Policy
Subscription fees are charged up-front. DG does not provide refunds or credits for any subscription fees. Downgrades to a less expensive membership or cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation or downgrade of a membership will go into effect at the end of the then-current billing cycle. We may offer other paid services or features associated with the Services, subject to specified terms and conditions, which are incorporated by this reference.
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 DG 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.
Children Online Protection Act Notification
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org's website, http://www.parentalsoftware.org.
DG and its logo are trademarks. You agree that all DG trademarks, including DG trade names, service marks, logos and service names are trademarks and the property of DG. Without our prior permission, you agree not to display or use in any manner any DG mark. All trademarks included in the Services that are not owned by DG 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.
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, DG 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.
Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (A) the amount paid, if any, by you to us in connection with the Services in the 12 months prior to the action giving rise to the liability, or (B) US$100.00. You and DG agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
You are not allowed to promote a contest, sweepstakes or giveaway on DG without our expressed, advanced approval.
If there is any claim or dispute about or involving the Services, you agree that the claim or dispute will be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state and federal courts located in the County of Los Angeles, California and the Central District Court, California, respectively, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. The Services are controlled and offered by DG in the United States and we make no representation that materials associated with the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
Revised: June 9, 2010