You are granted a limited, revocable, nonexclusive and nontransferable license to access, view, print and distribute the content of the Website retrieved for your personal, non-commercial use, provided that you do not remove or obscure the copyright or trademark notices or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, or provide it to any commercial source without our express written consent. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material found or described therein. All such rights are retained by us and/or any third party owner of such rights.
Limitations on Your Use
You may not do any of the following in connection with your use of this Website: (a) send spam, chain emails, advertising solicitations, unsolicited commercial email and similar email solicitations to the email addresses provided on this Website (the posting of email addresses is not to be construed as, and does not constitute, consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from us); (b) transmit to or from this Website any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law; (c) attempt to probe, scan or test the vulnerability of our Website, system or network or to breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the proper functioning of this Website, including, without limitation, submitting a virus to or through this Website, overloading, “flooding”, “mail bombing” or “crashing” this Website or the computer systems on which it is hosted; (e) send unsolicited email of promotions and/or advertising of products or services; (f) forge any TCP/IP packet header or any part of the header information in any email.
Disclaimers and Limitations of Liability
THE WEBSITE, IT’S OPERATION, AND THE CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We do not warrant that the operation of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or any computers on which it is hosted are free of viruses or other harmful elements. We do not warrant or make any representations regarding the use or the results of the use of the content or materials on our Website in terms of their correctness, accuracy, reliability, or otherwise. More specifically, you should not rely upon opinions and recommendations expressed on our Website when making decisions, business or personal, related to you, your family or your garden. We are not responsible for the suitability of any plants described in the Website for use in your particular garden. We do not endorse the opinions of third parties expressed on our Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. You further expressly agree that we, and our affiliates and our suppliers, will not be liable to you for any damages or claims of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive and consequential damages, regardless of the theory of recovery and regardless of whether we have been advised of the possibility of the existence of such damages in advance. The laws of certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Your sole remedy for dissatisfaction with this Website or the materials contained therein is to stop using this Website or the materials.
Links to Other Sites
You acknowledge that as a service to you, we include links to other websites that we have no control over, and we make no representations of any kind whatsoever, regarding the content or appropriateness of content on such websites, and you irrevocably waive any claim against us with respect to such websites. Specifically, some of these linked websites may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with such products.
You may submit photographs, text, graphics, data and other material, including your comments, questions, and suggestions (collectively a “Submission”), on our Website so long as you understand that your Submissions are your sole responsibility. You are, therefore, solely responsible for all content included in or disseminated by or transmitted in your Submission.
You may not impersonate any person or entity or falsely state your affiliation with any person or entity to mislead as to the origin of the content of any Submission. You may not use a false email address or use false or misleading transmission information to disguise the origin of a Submission.
You agree not to electronically stalk or harass another Website user. You agree not to collect or store personal information of other users of the Website.
We reserve the right (but have no legal obligation) to remove or edit any Submission. However, we take no responsibility and assume no liability for the content in any Submission posted by you.
By making a Submission, you represent and warrant that: (i) you are the sole owner of all copyright and other intellectual property rights in the Submission; (ii) you have the full right and authority to make such Submission; (iii) such Submission will not infringe on the copyright or other intellectual property rights of any third party; (iv) to the extent such Submission is a photograph including any people, you have obtained model releases from the subject(s) sufficient to permit you to grant us the rights set forth in these Terms; (v) such Submission does not contain content that is illegal, obscene, harassing, threatening or abusive, defamatory, invasive of another’s privacy or is in any way injurious to us or to third parties; (vi) such Submission does not contain computer viruses, worms or any other harmful or disruptive files or programs; (vii) such Submission does not contain political campaigning content, any kind of commercial solicitation, promotional materials, mass mailings, or any form of spam; and (viii) such Submission does not otherwise violate these Terms.
You acknowledge and agree that by making a Submission to us, you are not entering into an employment arrangement with us nor will you be entitled to any compensation for such Submission, unless set forth in a separate written agreement entered into between you and us.
Linking to our Website You may create a hyperlink to the home page of our Website; provided, that you do not use our logos, falsely imply a relationship with us, or provide false information about our products or services. Any third party site which you link to our Website must comply with all applicable laws. You may not create framed links to pages within our Website without our prior written consent. We reserve the irrevocable right to rescind consent for any link to this Website at all times and to take any legal action it deems appropriate.
Modification or Suspension of the Website
We may, in our sole discretion and at any time, modify, discontinue, or suspend our operation of the Website, or any part of it, without notice to you, and you agree that we will not be liable to you for the claims or damages by doing so. We may also impose limits on certain features or restrict your access to all or parts or the entire Website without notice or liability.
Trademarks and Copyright
All content including text, photography, logos and graphics on the Gardens With Wings Website are protected by U.S. and international copyright, trademark, or patent laws. Certain names, logos and phrases on our Website may be trademarks, service marks or copyrights of us or associated third parties. The compilation of content on the Website is our exclusive property and is protected by applicable copyright laws and other proprietary rights laws. You may not use the trademarks, service marks, logos, graphics, photographs or copyrighted materials on our Website without our prior written consent or the consent of the third party owning the rights in such material. All photography and other content included in our Website is used with permission, and we have made every effort to identify and acknowledge the rightful owners, providers and photographers.
If you believe that your work has been copied by us in a way that constitutes copyright infringement, please provide our Copyright Agent 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;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a 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;
- 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.
Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Gardens with Wings, 5026 Elm Leaf Trail, Liberty Township, Ohio, 45011 Email.
You agree to indemnify and hold us and our subsidiaries, affiliates, owners, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Submission, any other content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another person or entity.
If you are interested in advertising on our Website, please review our Advertising page for more information.
Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its principles of conflicts of law, and to the extent applicable, the federal laws of the United States of America. This Site is controlled and operated by us from its principal office in Cold Spring, Kentucky, U.S.A., and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of Kentucky and of the United States of America. Those who choose to access this Website or any information or materials located thereon do so on their own initiative and at their own risk, and are responsible for complying with local laws. In the event of a dispute arising under or relating to your use of this Website or any information or materials located thereon, or these Terms, you agree to the exclusive jurisdiction of the federal and state courts located in Campbell County, Kentucky, and waive any jurisdiction, venue, or inconvenient forum objections to such courts.
If any provision of these Terms is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire agreement between you and us relating to your use of this Website and the information and materials located thereon, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms. The information, materials and graphics available on this Website are subject to change without notice.
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