Mygrowlist TOS
TERMS OF SERVICE
Last Updated: 8/16/09
 
These are the official Terms of Service ("Terms") for Mygrowlist.com ("Site," "we," "us," or "our"), an Internet website owned and operated by Mygrowlist LLC, a California Limited Liability Company, (“MGL”). These Terms describe the rights and responsibilities of any user who accesses the Site (“you,” “your,” “yours,” or “user”), outlines the terms and conditions governing your use of the Site, and constitutes a legally binding agreement between you and MGL. Throughout these Terms, any use of the word “including” shall not be interpreted as limited to the specific examples given and shall be read as “including without limitation.”
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS YOU MAY NOT ACCESS OR USE THIS SITE.
1. Limited Non-Commercial License for Use of Site
MGL hereby grants you a limited, non-exclusive, non-commercial license to use the Site. In these Terms, "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site, Materials (as defined in Section 4 below), all applications, features, content, postings, and links. The words "use" and/or "using" in these Terms mean any time a user directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. Any rights not expressly granted to you herein are reserved to MGL. Unless you have received specific written permission from MGL, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; or (b) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site, or any portion of the Site, for any commercial purpose.
By using this Site, you understand, acknowledge and agree that you will abide by these Terms and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Auxiliary Terms"). MGL may also provide rules of participation ("Rules") for certain activities and services, including any contests and sweepstakes, award programs, promotions and subscription services. The Auxiliary Terms and Rules may be referenced collectively as the “Additional Terms.” Your obligations under the Additional Terms shall survive the termination or expiration of your participation in the program or activity governed thereby.
The Additional Terms and Privacy Policy are hereby incorporated into these Terms by reference. To the extent that there is a conflict between these Terms and Additional Terms, the Additional Terms shall govern for the covered program or activity. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, the Privacy Policy, and any Additional Terms, including any indemnifications, warranties and limitations of liability.
These Terms do not cover your rights or responsibilities with respect to third party sites (or content thereof) or any links that may direct your browser or your connection to third party sites, pages or content. These Terms constitute the entire and exclusive binding agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 3.
2. User Registration and Password Protection
In order to access and use certain features or functions of the Site, we may require each user to have a unique user name and password combination via the Site’s registration process. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
3. Modifications of the Terms
We reserve the right, at any time and from time to time, for any reason in our sole and absolute discretion, to change the terms of these Terms. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the Terms, including the Additional Terms and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
4. Ownership of Intellectual Property
The contents of this Site, including all Site software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including the selection, sequence and “look and feel” and arrangement of items, and all trademarks, service marks, trade names and patents (individually and/or collectively, "Material"), are the property of MGL and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State laws, as well as applicable foreign laws, regulations and treaties. You may NOT alter, delete or conceal any copyright or other notices contained on the Site, including notices in or on any Material you download, transmit, display, print or reproduce from the Site. You may NOT, nor will you allow any third party to (whether or not for your benefit), reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including on or via a third party website), or otherwise use, any Material without the express prior written consent of MGL. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
5. User Content and Feedback.
As a registered user of the Site, you may submit links to articles and related content, photographs or images, reviews or other feedback, and other content that is subject to intellectual property or other legal protection ("User Content").  By submitting User Content to MGL, you represent and warrant that you have the necessary licenses, rights, consents and permissions, including to grant to MGL the right to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the MGL and these Terms. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MGL all of the license rights granted herein. You further agree that you will not, in connection with the User Content, submit material that violates the MGL Code of Conduct as outlined below in Section 8 of these Terms.
By submitting User Content to MGL, you grant MGL a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any User Content, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such User Content. While MGL may store User Content indefinitely, MGL has no obligation to store User Content or make it available to you in the future.
6. Protection of Intellectual Property Rights
MGL takes protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):
a) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
b) Your contact information so that we can contact you (for example, your address, telephone number, email address);
c) A statement that you have a good faith belief that the use of the material identified in sub-section a) above is not authorized by the copyright owner, its agent, or the law;
d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
e) Your physical or electronic signature.
Please send this written notice to our designated agent as follow:
DMCA Agent, Mygrowlist LLC, 1533 MacArthur Blvd, Oakland, CA 94602, Email: copyright@mygrowlist.com
Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that must contain the following details:
a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
c) Your name, address and telephone number;
d) A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which MGL may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
e) Your physical or electronic signature.
Please send this written notice to our DMCA Agent using the contact information outlined above.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under the DMCA Notice and Takedown Procedure described in this section.
7. Advertising
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
8. MGL Code of Conduct
If you become a registered user of the Site, you agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy, and completeness. You are responsible for maintaining the confidentiality of your password, and you are also responsible for all activities that occur with your username. You agree to immediately notify MGL of any unauthorized use of your account or any other breach of security.
In addition, you agree not to:
a) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to Site; or
b) Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, the Site or any portion thereof; or
c) "Hack, "crack," or otherwise attempt to circumvent any copyright protection, access control, or license-enforcement mechanisms associated with or related to the Site; or
d) Contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone; or
e) Post or submit comments or other materials containing harassing, offensive, indecent, unlawful, threatening, vulgar, profane or otherwise objectionable language or images, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments; or
f) Associate Site with obscene, disparaging, or otherwise objectionable material; or
g) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other people's ability to use the Site; or
h) Deep-link or frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages other than as expressly permitted by MGL in writing; or
i) Use any high volume, automated, or electronic means (including robots, spiders, scripts, or other automatic device) to access the Site or monitor or copy our web pages or any portion of the Site; or
j) Use any address (including e-mail addresses and instant messenger addresses) displayed on the Site to send or allow, enable, or otherwise support the transmission of unsolicited commercial advertising or solicitations via e-mail (spam) or for any other unauthorized contact, including chain letters, duplicative or any type of unsolicited messages, surveys, contests, pyramid schemes, or so-called "spamming" and "phishing" communications; or
k) Violate any applicable law, including by posting or submitting any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or rights holder; or
l) Post or submit any incorrect information in connection with setting up a MGL account or profile; or
m) Impersonate any person, including a MGL employee or agent; or
n) Collect or store personal data about other users; or
o) Transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information.
9. Hyperlinks to Third Party Sites
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, MGL or any of its respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even where MGL's sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how MGL collects and uses your Personal Information.
10. Termination of Your Registration or Use
We may terminate your use of and registration on the Site and/or your use of and access to any portion of the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
11. Disclaimer and Limitations of Liability
THIS SITE, INCLUDING ALL MATERIALS AND CONTENT, IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MGL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS, INCLUDING, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY MGL OR ANY OF ITS AGENTS SHALL BE, AT MGL'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON MGL; OR (2) $100. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER MGL, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OR PRODUCTS OFFERED ON THE SITE. EXCEPT FOR USER CONTENT SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
12. Assumption of Risk
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER CONTENT, MATERIALS, APPLICATIONS, PRODUCTS AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY USING THE SITE, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT MGL OR ANY OF ITS AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
13. Indemnification
You agree to indemnify, defend, and hold harmless MGL, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (a) any claim of intellectual property infringement relating to any content you submit to us; (b) your violation of these Terms; or (c) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Site.
14.   Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
15. Miscellaneous Terms
These Terms, together with any other regulations, procedures and policies that we refer to and that are hereby incorporated by reference, contain the entire understanding and agreement between you and MGL and supersede any and all prior or inconsistent understandings relating to the Site and your use of the Site. These Terms cannot be changed or terminated orally. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms; however, no action arising out of these Terms or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
These Terms and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of California (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in California, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and City and County of San Francisco and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
16. Notices
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to MGL by postal mail to: Mygrowlist LLC, 1533 MacArthur Blvd, Oakland, CA 94602, or as to a successor address that MGL makes available on the Site or through other reasonable manner.
These Terms of Service were last modified on 08/16/2009, and are effective immediately.
 
Copyright - 2009 Mygrowlist LLC. All Rights Reserved.