NOTICE - READ BEFORE BROWSING THE GARIA WEBSITE
Access to Garia.com and any and all services located thereon or related thereto, (the "Garia Website") is licensed (not sold) to you, and Garia owns all copyright, trade secret, patent and other proprietary rights in the Garia Website, including all content contained therein.
Subject to these terms and conditions and all applicable laws and regulations, Garia hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicenseable personal license to download, access, view, use and display the Garia Website and the text, graphics, content, information, audio, video and other services contained therein (collectively, the "Materials"), which Garia makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Garia Website or the Materials contained therein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Garia Website is strictly prohibited without the prior written consent of Garia. Requests for permission to reproduce any information contained on the Garia Website should be addressed to Garia at email@example.com.
Notwithstanding the above, Garia authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Garia Website, provided that such copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks and other proprietary notices and legends contained on the Garia Website.
This license does not include the right to modify the Garia Website, or any portion thereof, in any way. Any resale or commercial use of the Garia Website or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Garia Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction rules is strictly prohibited.
You hereby agree to all additional restrictions displayed on the Garia Website as it may be updated by Garia, in its sole discretion and without any notice, from time to time. You hereby agree to use the Garia Website for lawful purposes only and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
3. IP Address
By accessing the Garia Website you have made your IP address public and, accordingly, you should take appropriate measures (such as a firewall) to safeguard your hardware and data from attack or unauthorized access by third parties. You expressly release Garia, its affiliated companies and their respective officers, directors, owners, employees, consultants, agents, affiliates, website information providers, licensors and licensees from any claim or loss you may suffer as a result of any third party access to your hardware or data.
4. Unsolicited Information
You hereby agree that any unsolicited information or material sent to Garia via the Garia Website will be deemed not to be confidential or proprietary. By submitting information and material to or via the Garia Website, you thereby grant to Garia (or warrant that the owner of such information and material has expressly granted to Garia) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Garia is free to use any ideas, concepts, know-how or techniques that you send to Garia via the Garia Website for any purpose.
You shall not provide any information or materials to Garia that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If you provide any such information, you hereby agree that you are solely responsible and liable for any damages or other harm resulting from such submission.
You shall not upload, post or otherwise make available on the Garia Website any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GARIA WEBSITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, AND RELATED COMMUNICATIONS MADE AVAILABLE ON THE GARIA WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. GARIA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS DISPLAYED OR DISTRIBUTED ON THE GARIA WEBSITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED ON, OR DISTRIBUTED THROUGH, THE GARIA WEBSITE. YOU ACKNOWLEDGE BY THE ACCESS OR USE OF THE GARIA WEBSITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
GARIA HEREBY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS DISPLAYED ON, OR THROUGH, THE GARIA WEBSITE. GARIA DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE GARIA WEBSITE (INCLUDING ANY BULLETIN BOARD OR INTERACTIVE PORTIONS THEREOF, IF ANY) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE GARIA WEBSITE.
THE MATERIALS INCLUDED ON THE GARIA WEBSITE MAY CONTAIN INACCURACIES AND ERRORS. GARIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE GARIA WEBSITE. GARIA MAY MAKE CHANGES TO THE GARIA WEBSITE, THE MATERIALS, PRODUCTS, PROGRAMS, SERVICES AND PRICES (IF ANY) INCLUDED ON THE GARIA WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE.
7. Limitation of Liability
YOUR USE AND BROWSING OF THE GARIA WEBSITE IS AT YOUR SOLE AND EXCLUSIVE RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, PRODUCTS OR SERVICES CONTAINED ON THE GARIA WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GARIA WEBSITE.
UNDER NO CIRCUMSTANCES WILL GARIA OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THE GARIA WEBSITE OR THE MATERIALS CONTAINED THEREON, ANY WEB SITES LINKED TO THIS WEBSITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GARIA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The obligations and responsibilities of Garia regarding its products and services are governed solely by the terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available directly from Garia.
This Agreement and all licenses granted hereunder shall terminate automatically and without notice if you (a) engage in conduct that Garia, in its sole discretion, considers unacceptable, (b) fail to comply with any term or condition of this Agreement or (c) engage in conduct that Garia believes, in its sole discretion, is harmful to Garia or other Garia Website users; provided, however, that all provisions relating to disclaimers, limitations of liability, copyright, trademarks and any other proprietary rights of Garia shall survive any termination of this Agreement. Upon such termination you agree to destroy all information, materials and documentation relating to the Garia Website and erase all copies residing on computer equipment.
All content contained herein is subject to change without notice. Garia reserves the right to change or modify the terms and conditions applicable to the Garia Website at any time and without prior notice. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately. Any use of the Garia Website after any such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. Garia may terminate, change, suspend or discontinue any part of the Garia Website, including the availability of any features or functions, at any time.
All rights in the product names, company names, trademarks, trade names, website layout and design, logos, product packaging and designs of Garia or its products or web sites ("Protected Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to Garia and are protected under national and international trademark and copyright laws. Users are not permitted to use any of the Protected Marks without the prior express written consent of the owner of any such mark.
11. Construction; Jurisdiction