Last Updated January 30, 2015
Terminology. The following terms are used in these Terms of Service. Here is what they mean (in the order they are used):
• We use the term “Terms” to refer to these Terms of Service.
• We use the term “you” in these Terms to refer to you, a user of the Site. If you joined the American Grandparents Association (the “AGA”), an affiliate of Grandparents.com Inc., you are deemed to be a “Member”.
• We use the term “we” or “us” in these Terms to refer to Grandparents.com, Inc. and our affiliates.
• We use the term “Site” to refer to the joingrandparents.com website, including all subdomains.
• We use the term “Services” to refer to any services offered by us through the Site, which may include providing access to articles, communication tools, search services, media galleries, video sharing and uploading, forums and social networking.
• We use the term “Content” to refer to all information, data, text, photographs, graphics, audio, video and other materials and content.
1. "Your Content” is Content that you post or upload to the Site.
2. “Site Content” is all Content included on the Site (including Your Content).
What are these Terms? These Terms are a legal agreement between you and us that govern your use of the Site and the Services. We provide the Site and our Services to many users, and for efficiency reasons, we need to ensure that one set of terms apply to every user. If you do not agree to these Terms without exception, you are not authorized to use the Site or services and must immediately discontinue use.
Modifications. We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the change. We will not make changes to these Terms that apply retroactively. In the event we modify these Terms, we will post a notice on the Site. If you are a Member, we will provide you with notice via the email address that we have on file for you that we have changed these Terms. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Site and/or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Users and Members. You do not need to be a Member to access certain areas of the Site or to use certain of our Services. However, certain portions of the Site and Services are offered only to Members. Membership is offered at an annual subscription rate. More information about membership levels and benefits can be accessed here. By agreeing to our terms & conditions, you will receive weekly newsletters and occasional offers from our partners. As part of our Ambassadors Program, a Member earns points that can be redeemed as a cash reward if the Member refers someone who joins the AGA. More information about the Ambassadors Program can be accessed here. If you are a Member, you will have a unique username and password, and you agree not to provide your username and password to anyone else.
Products and Services Offered by Others. Joingrandparents.com does not accept financial incentives in exchange for favorable reviews. If we write favorably about something, it is because we believe it is consistent with our philosophy of delivering the latest and greatest when it comes to all things relating to grandparents and grandchildren. However, while our authors may write favorably about products offered by anyone other than us, please keep in mind this is our opinion based on the information available to us at the time a piece is written. In addition, we may also offer links and services of others through the Site. While we endeavor to choose reputable business partners, products and services offered by others are not controlled by us, and we cannot be responsible for them. The presence of information about or links to products and services offered by others is not a warranty or guaranty relating to such products or services.
Advertisements. In order to keep many features of the Site and our Services free or at low cost, joinGrandparents.com may display advertisements on the Site. Advertisements will be clearly marked as advertisements. Advertisements are not controlled by us, and we are not responsible for them.
Your Use of the Site and Services. We endeavor to create a respectful environment for all of our users. Accordingly, you agree to the following rules of the road regarding your use of the Site and Services:
• You may use the Site and Services only for your personal use, and not in connection with any commercial activity. This includes the right to print a single copy of Site Content. Otherwise, you may not reproduce, create derivative works of, display, perform or distribute the Site or any Site Content. You acknowledge that all Site Content is owned by us and third parties from which we have licensed the Site Content (including other users), and except for the rights stated above, no other right is granted and no other use is permitted.
• We do not pre-screen or control Site Content provided by anyone other than us, and we do not guarantee the timeliness, accuracy, completeness or quality of any Site Content.
• You may not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Site Content or to exceed the access granted to you by us.
• You may not impersonate any person or entity, including a Grandparents.com employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You will not perform any act designed to interfere with the Site or Services, or any user’s access to the Site or Services.
• If you post or upload any Content to the Site, you agree to the rules described below with respect to Your Content.
Content Submitted by You. The Site may permit you to upload or post Your Content to the Site. With respect to Your Content, you agree to the following:
• You have all approvals needed to display Your Content to the Site, and to grant us the license provided below.
• You represent and warrant that Your Content does not infringe, violate or misappropriate any rights of any person or business.
• You agree not to upload or post any Content that is illegal, offensive, defamatory, discriminatory, pornographic, obscene, violent, hateful, invasive of another’s privacy, abusive, harassing, harmful or otherwise objectionable, or that impersonates any person or business.
• You agree not to upload or post any Content that contains any viruses, Trojan horses, worms or any other harmful or malicious code, or that provides unauthorized access to any systems.
• You agree that we may remove Your Content from the Site at any time and for any reason.
• You grant us a perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, create derivative works of, display, perform and distribute Your Content in connection with the Site and our Services. You also grant us the right to permit other users of the Site to use Your Content for their personal, noncommercial use. We may sublicense these rights to our business partners without your consent.
Submission of Suggestions, Ideas and Recommendations to Us. If you choose to provide us with suggestions, ideas and recommendations (“Suggestions”), you grant us an unrestricted right to use and fully exploit all Suggestions. We are not obligated to keep Suggestions confidential. You are not entitled to any compensation or reimbursement of any kind for any Suggestions.
Indemnification by You. At our request, you agree to defend, indemnify and/or hold us harmless indemnify us from and against all claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses (including attorneys’ fees) arising from or related to your violation of these Terms, any claim related to Your Content and/or otherwise resulting from your use of the Site or Services.
Termination. Unless you are a Member, we reserve the right to terminate your right to access to and/or use of the Site and/or Services at any time for any reason. If you are a Member, we may terminate your Membership and your right to access and use the Site and Services in the event that you fail to comply with any of these Terms, effective immediately. If you are a Member, we will provide you with notice of any such termination through the email address provided through your account. When you become a paid Member, your Membership is set to automatically renew each year. You can turn off this automatic renewal at any time.
Discontinuation of Services. We also reserve the right to discontinue providing all or part of the Site or Services at any time. In such event, if you are a Member, we will endeavor to provide you with notice, but we are not obligated to do so.
No Warranties. You understand and agree that we do not provide any warranties with respect to the Site (including, without limitation, the Site Content) or the Services. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR DAMAGE TO PROPERTY. IN ADDITION, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (i) YOUR ANNUAL MEMBERSHIP SUBSCRIPTION FEE OR (i) TEN U.S. DOLLARS ($10.00). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Trademark Notice. We own the following trademarks: “Grandparents.com”, the Grandparents.com logo, “American Grandparents Association”, “AGA”, the AGA logo, “It’s Great to be Grand”, “Grand Card”, the Grand Card logo, and all other trademarks, trade names and logos relating to the Site and Services (collectively, “Our Marks”). You agree that you will not display or use Our Marks in any manner whatsoever without our prior consent.
Copyright Issues; Digital Millennium Copyright Act Notice. Grandparents.com takes protecting copyright seriously. If you believe that Site Content is being displayed in violation of your copyrights, please click here to view our takedown policy.
Reporting Violations of these Terms. You can help maintain the Site and the Services as a comfortable environment for all users and Members. Please report violations of these Terms by sending an e-mail to [TOS@grandparents.com]. Where a Service provides you with the ability to flag Content as inappropriate, you may notify us of violations of these Terms by utilizing such functionality.
Member Disputes. If you have a dispute with another user or Member, that dispute is between you and that user or Member. Even if we help facilitate resolution of the dispute, we are not responsible for the dispute and do not have any liability related to the dispute. You hereby release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
Refunds. There are no refunds.
Governing Law, Venue. These terms shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to the choice of law provisions of any jurisdiction. Any claim or action relating to the Site, Services or these Terms may be brought solely in the state courts of the State of New York and the federal courts of the United States sitting in the Southern District of New York. You and we irrevocably relating to the Site, Services or these Terms may be brought solely in the state courts of the State of New York and the federal courts of the United States sitting in the Southern District of New York. You and we irrevocably relating to the Site, Services or these Terms may be brought solely in the state courts of the State of New York and the federal courts of the United States sitting in the Southern District of New York. You and we irrevocably relating to the Site, Services or these
Waiver of Jury Trial and Class Action. By agreeing to these Terms, both you and Grandparents.com are waiving the right to a jury trial on your respective claims. Further, you agree to only resolve disputes with Grandparents.com on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity.
General Legal Terms. You and we agree to be bound by the following general terms apply:
• These Terms are the entire agreement between you and us.
• Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given upon receipt, or, if by e-mail, when receipt is electronically confirmed, if transmitted by e-mail. You agree to notice via e-mail at the address you have provided. Our main office is located at 589 8th Ave., Floor 6, New York, NY 10018. You can contact us by email at [TOS@grandparents.com].
• Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms remain in full force and effect.
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