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TERMS AND CONDITIONS OF USE:
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING
ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED. BY ACCESSING
ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”), THAT YOU UNDERSTAND
THE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS
WEBSITE OR ANY OF THE SERVICES PROVIDED.
USE OF THIS WEBSITE
This Website is owned and operated by Grow Media, LLC (hereafter “Grow Media”).
Unless otherwise indicated, the contents of this Website are the property of Grow
Media and are protected, without limitation, pursuant to U.S. and foreign intellectual
property laws. No material from Grow Media or this Website may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except that
you may view one copy of the materials on any single computer for your personal
non-commercial use only, provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the materials for any other purpose
is a violation of Grow Media’s intellectual property rights. For purposes of this
Agreement, the use of any such material on any other website or computer environment
is prohibited without the express written consent of Grow Media.
INTELLECTUAL PROPERTY
The content on the Website, except all User Submissions (as defined below), including
without limitation, the trademarks, copyrights, text, software, graphics, photos,
music, videos, and the like (“Content”), are owned by or licensed to Grow Media
and subject to trademark, copyright and other intellectual property laws of the
United States and foreign countries. Content on the Website is provided to you “as
is” for your personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of Grow Media. Grow
Media reserves all rights not expressly granted in and to the Website and the Content.
USER SUBMISSIONS
The Website may now or in the future permit the submission of content, communications,
or other information submitted by users (“User Submissions”) and the sharing and/or
publishing of such User Submissions. Whether or not such User Submissions are published,
Grow Media does not guarantee the confidentiality of any User Submissions. Grow
Media does not endorse any User Submission or any opinion or statement expressed
therein. Grow Media expressly disclaims any and all liability in connection with
any and all User Submissions. In connection with User Submissions, you represent,
and warrant that you: (i) own or have the necessary licenses, rights, consents,
and permissions to use and authorize Grow Media to use all proprietary rights in
and to any and all User Submissions to enable inclusion and use of the User Submissions
in the manner contemplated by the Website; and (ii) will not submit material that
is unlawful, obscene, defamatory, libelous, threatening, pornographic, or encourages
conduct that would be a criminal offense, violate any law, or is otherwise inappropriate.
By submitting the User Submissions to Grow Media you hereby grant Grow Media a worldwide,
royalty-free, paid-up, sublicenseable and transferable license to reproduce, distribute,
prepare derivative works of, display, and otherwise use the User Submissions, including
without limitation in connection with the Website.
DISCLAIMER
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED
THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION
RECEIVED THROUGH IT. FURTHER, GROW MEDIA MAKES NO REPRESENTATIONS WHATSOEVER ABOUT
OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. GROW MEDIA FURTHER DOES
NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE MATERIALS OR
THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. GROW MEDIA MAY MAKE CHANGES TO
THE MATERIALS OR SERVICES, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES
DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE MATERIALS MAY BE OUT OF DATE,
AND GROW MEDIA MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO
MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER
TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE.
LIMITATION OF LIABILITY
GROW MEDIA AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES
AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING
IN ANY WAY TO THE WEBSITE OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING
THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE
INFORMATION OBTAINED THEREIN.
NON-CONFIDENTIAL MATERIALS
Except as provided in the Privacy Policy, Grow Media does not want to receive any
confidential information from you through this Website. Any User Submissions or
other information you transmit or post to this Website or send via e-mail to Grow
Media will be considered non-confidential. Grow Media will have no obligations with
respect to the User Submissions. Grow Media and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the User Submissions and all
data, images, sounds, text, and other things embodied therein for any and all commercial
or non-commercial purposes.
LINKS TO OTHER WEB SITES
Links to third party websites from this Website are provided solely as a convenience
to you. Grow Media has not reviewed all of these sites or their content. Thus, Grow
Media does not endorse or make any representations about them, or any information,
software or other products or materials found there, or any results that may be
obtained from using them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
APPLICABLE LAWS
This Website is controlled and operated by Grow Media from its office in St. Louis,
Missouri, United States of America. Grow Media and this Website make no representation
that materials on this Website are appropriate or available for use in other locations.
Those who choose to access this Website from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the extent
local laws are applicable. This Agreement will be governed by and construed in accordance
with the laws of Missouri, without giving effect to any of its principles of conflicts
of laws.
GENERAL
This Agreement represents the entire agreement relating to the use of this Website.
Grow Media’s failure to enforce any right or provision of this Agreement does not
constitute a waiver of that right or provision. Grow Media may revise this Agreement
at any time. You should visit this page from time to time to review the then-current
Agreement because it is binding upon you and your use of the Website. Grow Media
may, in its sole discretion, terminate or suspend your access to all or part of
the Website for any reason, including, without limitation, breach of this Agreement.
The information contained in this Website is subject to change without notice. Copyright
© 2007 Grow Media. All rights reserved.
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