Terms of Service

IMPORTANT – PLEASE READ

Reading and accepting the following terms of use and incorporated privacy policy, as they are periodically updated, are required before you may begin or continue to interact with this website. Your use of this website for any purpose other than to read the terms of use and privacy policy is considered as your full consent to all provisions of the most current versions of the terms of use and privacy policy.

1. DEFINITIONS
  • 1.1. “Agreement” means the most current version of this terms of use agreement, including the incorporated privacy policy, between us and you.
  • 1.2. “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, and trade dress.
  • 1.3. “Membership” means anyone holding an account in compliance with this Agreement.
  • 1.4. “Profile” means the membership information, including but not limited to your legal name, address, telephone, fax, email.
  • 1.5. “Product” means each and every product we offer.
  • 1.6. “Profile Page” means the page of the same name on the Website where your membership information is shown.
  • 1.7. “Services” means each and every service we offer.
  • 1.8. “Website” means gardenstateobserver.com and all other Uniform Resource Identifier we use to provide our Products and Services.
  • 1.9. “System” means all of our software and hardware, whether owned or leased or otherwise contracted.
  • 1.10. “We,” “us,” and “our” means Garden State Observer
  • 1.11. “You,” “your,” and “yourself” means any person, organization or business entity that seeks to use our Services, as well as their agents, assigns, and successors.
  • 1.12. “Active” (Group) means users post comments, group information is updated, events and missions are created. If a group is inactive for more than 30 days it will be deleted.

2. GENERAL PROVISIONS
  • 2.1. Please direct any questions not answered by reading this Agreement to us at contact@gardenstateobserver.com
  • 2.2. You may not access the Website or utilize our Services if you are under eighteen (18) years of age or otherwise not competent to enter into a binding contract.
  • 2.3. Before you may use any of our Services, you must:
    • 2.3.1. read and agree to comply with this Agreement and
    • 2.3.2. understand and accept that this Agreement:
      • 2.3.2.1. takes effect the moment you access the Website;
      • 2.3.2.2. may only be amended or modified by us, unless we agree otherwise in writing with you;
      • 2.3.2.3. may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Website and your continued use of our Services shall be irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement;
      • 2.3.2.4. is the entire and only agreement between you and us;
      • 2.3.2.5. contain all terms and conditions of your relationship with us and your use of our Services; and
      • 2.3.2.6. shall only terminate under the conditions provided for herein.
  • 2.4. This Agreement shall in no way create an agency, employee-employer, franchise or franchisee, joint enterprise, joint venture, or partnership relationship between you and us.
  • 2.5. Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
  • 2.6. Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with subsequent notice to you:
    • 2.6.1. immediately lower, suspend or cancel your account and membership with us;
    • 2.6.2. use your personal information to collect all pending and applicable fees and other amounts due;
    • 2.6.3. charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and
    • 2.6.4. bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement.
  • 2.7. We cooperate with law enforcement and all other appropriate authorities and organizations.
  • 2.8. Unless otherwise provided herein, you agree that:
    • 2.8.1. all notices from us to you shall be sent to the most recent email address on file with us and will be deemed immediately delivered even if you have allowed your email address on file to no longer be valid and
    • 2.8.2. all notices from you to us shall be:
      • 2.8.2.1. sent to  contact@gardenstateobserver.com  and deemed immediately delivered.
      • 3. PRIVACY
    • 3.1. Protecting your privacy is very important to us; so we do not sell your personal information and will only use it for obvious, legitimate business purposes.
    • 3.2. You agree that we may use your personal identifying information to enforce this Agreement, and when complying with an order of a court or other government entity of competent jurisdiction.
    • 3.4. We us cookies, log files, and third parties to create a profile of our users and the information gathered is personally identifiable as belonging to you so that we can better determine what Services and System adjustments will optimize your experience at the Website. We may share this information with third parties but only in a way that does not identify you or any particular person individually.
    • 3.5. The System allows you to use and purchase our Products and Services online. PayPal or another merchant account service provider processes your payments, and we do not store your financial information.
    • 3.6. We may offer you opportunities to communicate with third parties, whether other on our Website or that of an affiliate. Please remember that we do not control or guarantee in any way the accuracy or safety of the content on websites not operated by us or even content provided by others on our Website.
    • 3.7. Any information you disclosed to third parties on our Website or other websites becomes public information, and you should exercise caution when deciding to disclose any personal information.
    • 3.8. We follow established security procedures to keep your personal information safe from unauthorized third parties.
    • 3.9. You alone are responsible for maintaining the security of your account access information—i.e., username, password and email address.
    • 3.10. You alone are responsible for confirming the accuracy of your personal information that we use to contact you. Any email messages we receive that appear to be from the email address we have on file for you shall be deemed to have been sent by you or your duly authorized agent with full authority to act on your behalf.
    • INTELLECTUAL PROPERTY
    • 4.1. You may not copy or otherwise attempt to benefit or assist others to benefit, directly or indirectly, from use of our Licensed Materials or intellectual property of third parties other than through normal use of the Website.
    • 4.2. You retain all of your rights, titles, and interests in and to the content provided by you.
    • 4.3. You hereby grant us a perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and otherwise use all content that you post on the Website or otherwise through the use of our Services or System.
    • 4.4. If you did not create or obtain a license to use content on the Website, you may not use content on the Website other than through normal use of the Website, as intended by us.
    • 4.5. If you believe that your intellectual property rights have been violated, please contact us at  contact@gardenstateobserver.com  and provide a brief but complete description of the intellectual property at issue.
    • 5. NO THIRD-PARTY BENEFICIARIES
    • There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing. 
    • 6. LIMITATION OF LIABILITY
    • 6.1. You agree that we will not be liable for any harm or loss that may occur in connection with:
      • 6.1.1. any act or omission by you or your agent, whether authorized or unauthorized;
      • 6.1.2. your use or inability to use our Services;
      • 6.1.3. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party;
      • 6.1.4. access delays or access interruptions to our Services;
      • 6.1.5. the failure to deliver or erroneous delivery of information;
      • 6.1.6. any breach of contract you have with a third party, such as an employer;
      • 6.1.7. any breach of a 3rd party’s intellectual property as a result of information posted by you;
      • 6.1.8. your failure to pay us any applicable due payment;
      • 6.1.9. the actions, orders and judgments of administrative, judicial and other governmental bodies.
    • 6.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties.
    • 6.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the possibility or probability of such damages.