TheGardenWall – User Agreement

Welcome to the User Agreement for TheGardenWall.

This agreement describes the terms on which you may access and use our services. In order to become a registered user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of TheGardenWall service indicates your acceptance of the amended User Agreement.

 

Use of Service

Your use of the TheGardenWall Service is governed by this User Agreement. The Garden Wall may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated.

 

Termination

You agree that TheGardenWall may, with or without cause, immediately terminate your account and access to the our service without prior notice. Without limiting the foregoing, the following will lead to a termination by TheGardenWall of a user’s use of the service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes removal of access to all offerings within the service and may also bar you from further use of the service. Furthermore, you agree that all terminations shall be made in TheGardenWall's sole discretion and that TheGardenWall shall not be liable to you nor any third-party for any termination of your account or access to the service.

 

User Conduct

You understand and agree not to use TheGardenWall to:

• Post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable.

• Use the TheGardenWall Service for any illegal purpose, including but not limited to conspiring to violate laws.

• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

• Stalk or harass anyone.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the service.

• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.

• Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.

 

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding on-line conduct and acceptable content.

Information Provided on this Website
In the course of using the TheGardenWall Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the TheGardenWall website or otherwise providing materials to TheGardenWall, you are granting to TheGardenWall a royalty-free, perpetual, irrevocable license to use this information in the course of offering the TheGardenWall service. Furthermore, you understand that TheGardenWall retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the TheGardenWall Service is the sole responsibility of the person from which such content originated and that TheGardenWall will not be liable for any errors or omissions in any content. You understand that TheGardenWall cannot guarantee the identity of any other users with whom you may interact in the course of using the TheGardenWall Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

 

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the TheGardenWall website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

 

TheGardenWall Communications

In the course of providing you services, TheGardenWall may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the TheGardenWall Service.

 

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the TheGardenWall Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

 

Fees

Signing up for a basic TheGardenWall account is free. Certain other services are provided for free only to beta users. TheGardenWall reserves the right to charge for the TheGardenWall Service or any portion thereof, modify the pricing of, add to, or discontinue the TheGardenWall Service or any portion thereof without prior notice.

 

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless TheGardenWall, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the TheGardenWall Service; ii) unauthorized access to or alteration of your communications with or through the TheGardenWall Service, or iii) any other matter relating to the TheGardenWall Service. Any business transactions which may arise between users from their use of TheGardenWall are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that TheGardenWall may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of TheGardenWall, its users, and the public.

 

General Information

TheGardenWall, the TheGardenWall logo, and other TheGardenWall logos and names are trademarks of TheGardenWall. You agree not to display or use these trademarks in any manner without TheGardenWall's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect.