Terms and Conditions

 

 

These Terms of Service (“Agreement”) govern your access to and use of the service(s) provided by GG Digital, Inc. (“GlobalGrind,” “we,” or“us”) through our website located at globalgrind.com (the “Site”) or through other communication platforms (collectively, the “Service”). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms and the GlobalGrind Privacy Policy http://globalgrind.com/privacy-policy (“Privacy Policy”) are incorporated by reference into this Agreement.

1. User Accounts.

1.1 Account Creation. To use certain features of the Service, you must create a user account (“Account”) by registering on the Site or through an application provided by GG for use with the Service, if available, providing us with the information requested on the registration form, and accepting this Agreement. By creating an account, you represent that you are 13 years of age or older. You will promptly update all Account information to keep it true, accurate, and complete. Should we suspect that any information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Service. When you register, we will ask you to provide a user name and password. You will be responsible for all activities that occur under your user name and password and therefore you should keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. By creating an Account, you hereby authorize GlobalGrind to use your Account information in accordance with the Privacy Policy for the purposes of sending periodic e-mails, text messages, or other messages or mailings to you about our products, services, and news.

1.2 Third-Party Accounts. If you have a Facebook or MySpace account (“Third Party Account”), you may create an Account using your login information from these Third Party Accounts. Your Third Party Account is provided by the applicable third party website and subject to such third party website’s separate terms of service (e.g., Facebook’s terms of service). Once you allow the Service to connect with these third parties, you will be able to use your login information from these Third Party Accounts to log into your Account and the Service.

2. User Content

2.1 User Content License. By posting or submitting content to any area of the Service, including blogs, messages, comments, photos, videos, and other content (“User Content”), you grant to GlobalGrind an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use such User Content, in any format or medium now known or developed in the future, subject to the terms of the Privacy Policy. You represent and warrant that you have the right to grant the foregoing license and to post the User Content and that the User Content will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). You are solely responsible for the User Content that you post on the Service.

2.2 User Guidelines. You agree to comply with the guidelines listed below. GlobalGrind reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct or content that is offensive, illegal, or violates the rights of, harms, or threatens the safety of other users or third parties, including removing such content from the Service, notifying the appropriate authorities regarding and identifying the source of such content, barring violators from accessing the Service, and terminating the Accounts of such violators.

(a) You will comply with all applicable laws, including privacy laws, intellectual property laws, and regulatory requirements;

(b) You will not post inappropriate, inaccurate, or objectionable content to the Service.

(c) You will not bully, harass or advocate harassment of another user or person;

(d) You will not solicit passwords or personal identifying information of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;

(e) You will not post content that contains “junk mail” or “chain letters”;

(f) You will not post content that is obscene or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or violates the rights of any individual;

(g) You will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access to the Service;

(h) You will not use the Service to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous;

(i) You will not promote, or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not);

(j) You will not post content or use the Service to do anything that exploits people under the age of 18;

(k) You will not post content that provides instructional information about illegal activities; and

(l) You will not use the Service to do anything that, or post content that, undermines the quality, appeal, or usefulness of the Service.

2.3 Name and Likeness Consent. You expressly consent to the use by GlobalGrind of your name, voice, image, photograph, and likeness, if any, contained in the User Content you submit in all forms and media for all lawful business purposes. You understand and acknowledge that you will not be paid any compensation for such use.

2.4 Feedback. GlobalGrind will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. GlobalGrind reserves the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.

3. Ownership. GlobalGrind and its licensors own the Service, all content contained therein (except for your User Content), and all intellectual property rights relating to the foregoing. You agree not to reproduce, license, distribute, trade, rent, lease, sell or exploit for any commercial purposes, any portion or use of, or access to, the Service or any content (except for your User Content) contained therein. Any unauthorized reproduction or modification, distribution, or performance of any portion of the Service or any content contained therein (except for your User Content) is strictly prohibited. GlobalGrind and its licensors reserve all rights not expressly granted under this Agreement.

4. Third Party Websites and Services. Our Service contains links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. These Terms of Service and the Privacy Policy only apply to our Service and do not apply to any other site or service.

5. Apparel and Merchandise. GlobalGrind partners with third-parties to offer apparel and other merchandise through the Service. Any transaction for such apparel and merchandise, including billing, collection of payment information, and fulfillment of your order, is between you and the third-party seller, not GlobalGrind. The terms of service and privacy policy of the third-party seller applies to that transaction, not these Terms of Service or the Privacy Policy. GlobalGrind will have no responsibility to you in connection with any such transaction.

6. Availability of Service. GlobalGrind reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that GlobalGrind will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

7. Term. Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or maintain an Account. You may terminate your Account at any time, for any reason through the appropriate account management page on Service, if available, or by sending an e-mail to legal@globalgrind.com. GlobalGrind has the right to terminate this Agreement and/or your Account, or suspend or terminate your access to the Service, without prior notice. Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to our termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.1, 2.3, 2.4, 3, and 7 to 17.

8. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GLOBALGRIND PROVIDES THE SERVICE AND THE SITE “AS-IS” AND AS AVAILABLE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. GLOBALGRIND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE OR THE SITE. GLOBALGRIND MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT GLOBALGRIND IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATIONS OR PERSONALIZATION OR PREFERENCE SETTINGS. GLOBALGRIND DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE OR THE SITE.

9. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GLOBALGRIND WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR SITE UNDER THIS AGREEMENT, EVEN IF GLOBALGRIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GLOBALGRIND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (US $50). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF GLOBALGRIND’S LIABILITY ARE ESSENTIAL AND FUNDAMENTAL PARTS OF THIS AGREEMENT WHICH ARE NECESSARY TO INDUCE GLOBALGRIND TO ENTER INTO THIS AGREEMENT.

10. User Indemnification. You agree to indemnify and hold GlobalGrind, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, damages, liability, claim, demand, costs, or expenses, including reasonable attorney’s fees, arising out of or relating to your: (a) use of the Service or Site; (b) breach of this Agreement; or (c) breach or inaccuracy of any representation or warranty made under this Agreement.

11. User Disputes and Release. You are solely responsible for your interactions with other users. GlobalGrind reserves the right, but has no obligation, to monitor, or take any action GlobalGrind deems appropriate regarding, disputes between you and other users. To the extent permitted under applicable laws, you hereby release GlobalGrind from any and all claims or liability related to: (a) any content posted on the Service by you or other users; (b) the conduct, whether online or offline, of any other user; and (c) termination or denial of access to or use of the Service.

You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

12. Copyright Policy. You may not post, distribute, or reproduce in any way any GlobalGrind copyrighted material, trademarks, or other proprietary information unless you have the right to do so. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site or Service of the material that you claim is infringing; your address, telephone number, and email address; a written 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; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. GlobalGrind’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: legal@globalgrind.com. GlobalGrind may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

13. Disclosures. GlobalGrind is located at 512 7th Ave. 42nd Fl. New York, NY, 10118. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14. Electronic Communications. The communications between you and GlobalGrind use electronic means, whether you use the Service or send us emails, or whether GlobalGrind posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GlobalGrind in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GlobalGrind provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

15. General. This Agreement, and any claim, dispute or controversy of whatever nature arising out of or relating to this Agreement, will be governed by the laws of the New York, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding arising from or relating to this Agreement must be brought in a federal or state court located in New York County, New York and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that GlobalGrind may file a claim or take action in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. Unless the context clearly requires otherwise, “includes” and “including” are not limiting. This Agreement constitutes the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

16. Changes. We may amend this Agreement from time to time. If we make material changes to the Agreement, we will notify you through a prominent notice on the Site or through the Service or at your primary email address, as specified in your user account information. Any material changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Account information to provide us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Except for such amendments, no amendment to this Agreement will be valid unless in a writing hand signed by the parties.

17. Trademark and Copyright Notice. Certain names, slogans, graphics, logos, service marks, and trade names used on the Service are the trademarks of GlobalGrind and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners. Copyright © 2010, GG Digital, Inc.

This Agreement was last revised June 1, 2010.

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