Welcome to Green Gold Gardens!
Thank you for choosing Green Gold Gardens for your Web site tools. We look forward to doing business with you and hope you
find our services valuable.
1. Your relationship with Green Gold Gardens
1.1 Your use of Green Gold Gardens’ products, software, services and web sites (referred to collectively as the “Services” in this
document and excluding any services provided to you by Green Gold Gardens under a separate written agreement) is subject to
the terms of a legal agreement between you and Green Gold Gardens. “Green Gold Gardens” means Green Gold Gardens, LLC,
whose principal place of business is at 148 Carlisle Terrace, Suite 200, Plainfield, NJ 07062, United States. This document explains
how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Green Gold Gardens, your agreement with Green Gold Gardens will always include, at
a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Green Gold Gardens will also include the terms of any Legal Notices applicable to the Services, in
addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a
Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Green Gold
Gardens in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal
agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional
Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Green Gold Gardens in the user
interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Green Gold Gardens will treat your use of the
Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with
Green Gold Gardens, or (b) you are a person barred from receiving the Services under the laws of the United States or other
countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Green Gold Gardens has provided you with a translation of the English language version of the Terms, then you agree
that the translation is provided for your convenience only and that the English language versions of the Terms will govern your
relationship with Green Gold Gardens.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then
the English language version shall take precedence.
4. Provision of the Services by Green Gold Gardens
4.1 Green Gold Gardens has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes,
these companies will be providing the Services to you on behalf of Green Gold Gardens itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Green Gold Gardens is constantly innovating in order to provide the best possible experience for its users. You acknowledge
and agree that the form and nature of the Services which Green Gold Gardens provides may change from time to time without
prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Green Gold Gardens may stop (permanently or
temporarily) providing the Services (or any features within the Services) to you or to users generally at Green Gold Gardens’s sole
discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Green
Gold Gardens when you stop using the Services.
4.4 You acknowledge and agree that if Green Gold Gardens disables access to your account, you may be prevented from accessing
the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Green Gold Gardens may not currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by Green Gold Gardens at any time, at Green Gold Gardens’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or
contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that
any registration information you give to Green Gold Gardens will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or
generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or
software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is
provided by Green Gold Gardens, unless you have been specifically allowed to do so in a separate agreement with Green Gold
Gardens. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including
use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the
Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks
which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Green Gold Gardens, you agree that you will
not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Green Gold Gardens has no responsibility to you or to any third party
for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Green Gold
Gardens may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any
account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Green Gold Gardens for all activities that occur under your
account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Green Gold Gardens
immediately at GreenGoldGardens@GreenGoldGardens.com
7. Privacy and your personal information
7.1 For information about Green Gold Gardens’ data protection practices, please read Green Gold Gardens’ privacy policy at http:
//www.GreenGoldGardens.com/Home-Privacy_Policy.html . This policy explains how Green Gold Gardens treats your personal
information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Green Gold Gardens’ privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole
responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the
Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the
sponsors or advertisers who provide that Content to Green Gold Gardens (or by other persons or companies on their behalf). You
may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part)
unless you have been specifically told that you may do so by Green Gold Gardens or by the owners of that Content, in a separate
agreement.
8.3 Green Gold Gardens reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove
any or all Content from any Service. For some of the Services, Green Gold Gardens may provide tools to filter out explicit sexual
content. These tools include the SafeSearch preference settings (see http://www.Green Gold Gardens.com/help/customize.
html#safe). In addition, there are commercially available services and software to limit access to material that you may find
objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Green Gold Gardens has no responsibility to you or to any third party
for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including
any loss or damage which Green Gold Gardens may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Green Gold Gardens (or Green Gold Gardens’ licensors) own all legal right, title and interest in
and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain
information which is designated confidential by Green Gold Gardens and that you shall not disclose such information without
Green Gold Gardens’ prior written consent.
9.2 Unless you have agreed otherwise in writing with Green Gold Gardens, nothing in the Terms gives you a right to use any of
Green Gold Gardens’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Green Gold
Gardens, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of
the Terms, and Green Gold Gardens' brand feature use guidelines as updated from time to time. These guidelines can be viewed
online or such other URL as Green Gold Gardens may provide for this purpose from time to time.
9.4 Other than the limited license set forth in Section 11, Green Gold Gardens acknowledges and agrees that it obtains no right,
title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on,
or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to
be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Green
Gold Gardens, you agree that you are responsible for protecting and enforcing those rights and that Green Gold Gardens has no
obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark
notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Green Gold Gardens, you agree that in using the Services, you
will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Green Gold Gardens
10.1 Green Gold Gardens gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the
software provided to you by Green Gold Gardens as part of the Services as provided to you by Green Gold Gardens (referred to as
the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided
by Green Gold Gardens, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile
or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required
by law, or unless you have been specifically told that you may do so by Green Gold Gardens, in writing.
10.3 Unless Green Gold Gardens has given you specific written permission to do so, you may not assign (or grant a sub-license of)
your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part
of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the
Services. By submitting, posting or displaying the content you give Green Gold Gardens a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and
distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of
enabling Green Gold Gardens to display, distribute and promote the Services and may be revoked for certain Services as defined in
the Additional Terms of those Services.
11.2 You agree that this license includes a right for Green Gold Gardens to make such Content available to other companies,
organizations or individuals with whom Green Gold Gardens has relationships for the provision of syndicated services, and to use
such Content in connection with the provision of those services.
11.3 You understand that Green Gold Gardens, in performing the required technical steps to provide the Services to our users, may
(a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your
Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices,
services or media. You agree that this license shall permit Green Gold Gardens to take these actions.
11.4 You confirm and warrant to Green Gold Gardens that you have all the rights, power and authority necessary to grant the
above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Green Gold Gardens.
These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to receive such updates (and permit Green Gold
Gardens to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Green Gold Gardens
13.1 The Terms will continue to apply until terminated by either you or Green Gold Gardens as set out below.
13.2 If you want to terminate your legal agreement with Green Gold Gardens, you may do so by (a) notifying Green Gold Gardens
at any time and (b) closing your accounts for all of the Services which you use, where Green Gold Gardens has made this option
available to you. Your notice should be sent, in writing, to Green Gold Gardens’ address which is set out at the beginning of these
Terms.
13.3 Green Gold Gardens may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are
unable to comply with the provisions of the Terms); or
(B) Green Gold Gardens is required to do so by law (for example, where the provision of the Services to you is, or becomes,
unlawful); or
(C) the partner with whom Green Gold Gardens offered the Services to you has terminated its relationship with Green Gold
Gardens or ceased to offer the Services to you; or
(D) Green Gold Gardens is transitioning to no longer providing the Services to users in the country in which you are resident or
from which you use the service; or
(E) the provision of the Services to you by Green Gold Gardens is, in Green Gold Gardens’ opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Green Gold Gardens’ rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Green Gold Gardens have
benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such
rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT GREEN GOLD GARDENS’
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE
SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, GREEN GOLD GARDENS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES
WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREEN GOLD GARDENS OR
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 GREEN GOLD GARDENS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREEN
GOLD GARDENS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY
YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS
OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT
OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS
ON THE SERVICES;
(II) ANY CHANGES WHICH GREEN GOLD GARDENS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA
MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE GREEN GOLD GARDENS WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON GREEN GOLD GARDENS’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER
OR NOT GREEN GOLD GARDENS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Green Gold Gardens’ policy to respond to notices of alleged copyright infringement that comply with applicable
international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating
the accounts of repeat infringers.
16.2 Green Gold Gardens operates a trade mark complaints procedure in respect of Green Gold Gardens’ advertising business,
details of which are outlined in Green Gold Gardens’ business plan.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These
advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other
information.
17.2 The manner, mode and extent of advertising by Green Gold Gardens on the Services are subject to change without specific
notice to you.
17.3 In consideration for Green Gold Gardens granting you access to and use of the Services, you agree that Green Gold Gardens
may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Green Gold Gardens may have no control
over any web sites or resources which are provided by companies or persons other than Green Gold Gardens.
18.2 You acknowledge and agree that Green Gold Gardens is not responsible for the availability of any such external sites or
resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Green Gold Gardens is not liable for any loss or damage which may be incurred by you as a
result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Green Gold Gardens may make changes to the Universal Terms or Additional Terms from time to time. When these changes
are made, Green Gold Gardens will make a new copy of the Universal Terms available and any new Additional Terms will be made
available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have
changed, Green Gold Gardens will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download
a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services,
software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not
affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Green Gold Gardens and govern your use of the Services
(but excluding any services which Green Gold Gardens may provide to you under a separate written agreement), and completely
replace any prior agreements between you and Green Gold Gardens in relation to the Services.
20.3 You agree that Green Gold Gardens may provide you with notices, including those regarding changes to the Terms, by email,
regular mail, or postings on the Services.
20.4 You agree that if Green Gold Gardens does not exercise or enforce any legal right or remedy which is contained in the Terms
(or which Green Gold Gardens has the benefit of under any applicable law), this will not be taken to be a formal waiver of Green
Gold Gardens’s rights and that those rights or remedies will still be available to Green Gold Gardens.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then
that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Green Gold Gardens is the parent shall be
third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any
provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall
be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Green Gold Gardens under the Terms, shall be governed by the laws of the State of
California without regard to its conflict of laws provisions. You and Green Gold Gardens agree to submit to the exclusive
jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that Green Gold Gardens shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
June 11, 2010
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