Terms of Service

GENERAL TERMS

By accessing Garden Gnome GmbH website, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Garden Gnome GmbH.

Under no circumstances shall Garden Gnome GmbH team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of use, or the inability to use, the materials on this site, even if Garden Gnome GmbH team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

Garden Gnome GmbH will not be responsible for any outcome that may occur during the usage of our resources. We reserve the right to change prices and revise the resource usage policy at any moment.

LICENSE

Garden Gnome GmbH grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you, and Garden Gnome GmbH (“we,” “our,” or “us”) that grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this Agreement.

DEFINITIONS AND KEY TERMS

For this Terms & Conditions:

PAYMENT

If you register to any of our recurring payment plans, agree to pay all fees or charges to your account for the Service in accordance with the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your address, etc.

You represent and warrant that:

  1. You have the legal right to use any cards or other payment methods in connection with any Purchase. You shall under no circumstances use illegal means for the payment, including but not limited to the use of stolen credit cards, stolen PayPal accounts, or any other illegal means; and that.
  2. The information you supply to us is accurate, correct, and complete. We may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
  3. By agreeing to the terms of this site, you agree not to share your account with anyone, even if you haven’t bought any service from us.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

SCOPE OF SERVICES

By purchasing our services and after successful payment, the users shall be allowed to upload content through our software/website, and the user will be charged for the subscription of storage they get for uploading their content. Moreover, if your monthly/daily traffic exceeds the limits of your subscription plan, we shall have the right to suspend the hosting account until the subscription is purchased for the limits exceeding the subscription.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

SUBSCRIPTIONS

We offer payments for some of the services we provide, which are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis (“Billing Cycle”). If you purchase a subscription plan, your subscription will continue in effect every month/year unless you cancel your subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or the company cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the customer support team. A valid payment method is required to process the payment for your subscription. You shall provide us with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Us to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, the Company reserves the right to terminate your access to the Service immediately.

FEE CHANGES

The company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Use the Site for advertising or offering to sell goods and services.
  9. Engage in unauthorized framing of or linking to the Site.
  10. Upload any explicit, pornographic, or adult content on the Site.
  11. Upload any content which is prohibited under the laws, including but not limited to explicit/adult content and promotion of any drugs or illegal weapons. In short, any illegal activity is strictly prohibited.
  12. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  13. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
  14. Delete the copyright or other proprietary rights notice from any Content.
  15. Attempt to impersonate another user or person or use the username of another user.
  16. Sell or otherwise transfer your profile.
  17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  18. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  19. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  20. Attempt to bypass any Site measures designed to prevent or restrict access to the Site or any portion of the Site.
  21. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  22. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  23. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  24. Use a buying agent or purchasing agent to make purchases on the Site.
  25. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

LIABILITIES OF THE USER

By agreeing to the terms, you agree and provide a warranty that you will only upload the content on our hosting service upon which you have exclusive rights to upload. We shall in no way be responsible or held liable for any issue or liability arising out of content being uploaded by you.

You shall be solely responsible for any liability arising due to the content being uploaded by you on our hosting services. You shall not in any way use the site or upload the content specifically prohibited under this agreement, and we reserve the right to delete uploaded content at any time without prior notice.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to us with respect to the service shall remain our sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

YOUR CONSENT

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If you click on a third-party link. You will be directed to that third party’s site. We strongly advise you to review the Terms & Conditions of every site you visit. We have no control over and assume no responsibility for the content, Terms & Conditions, or practices of any third-party sites or services.

COOKIES

We use “Cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our service but are nonessential to their use. However, without these cookies, certain functionality like videos may become unavailable, or you would be required to enter your login details every time you visit our platform, as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

CHANGES TO OUR TERMS & CONDITIONS

You acknowledge and agree that we may stop permanently or temporarily providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to inform us when you stop using the Service specifically. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials which are contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page and/or update the Terms & Conditions modification date below.

MODIFICATIONS TO OUR SERVICE

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.

UPDATES TO OUR SERVICE

We may, from time to time, provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the service.

You agree that we have no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (iii) deemed to constitute an integral part of the service and (iv) subject to the terms and conditions of this Agreement.

THIRD-PARTY SERVICES

We may display, include or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

COPYRIGHT INFRINGEMENT NOTICE

If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners, and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

In case of any copyright infringement by you, We shall not in any way be held liable for such infringement whatsoever. You shall be wholly solely liable for any copyright infringement arising due to the use of our services.

INDEMNIFICATION

You agree to indemnify and hold our parents and us, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

NO WARRANTIES

The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither we nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

WAIVER

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

AMENDMENTS TO THIS AGREEMENT

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is needed, we will provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.

UPDATES TO OUR TERMS

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

INTELLECTUAL PROPERTY

Our platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

SUBMISSIONS AND PRIVACY

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing manufacturing, and marketing products and services using such ideas.

MISCELLANEOUS

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

We operate and control our Service from our offices in Austria. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contain the entire understanding, supersede all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

DISCLAIMER

We are not responsible for any content, code, or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or another tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

Our Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, we exercise no editorial control over such content and make no warranty or representation as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, we specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.

CONTACT US

Don’t hesitate to contact us if you have any questions via Email: support@ggnome.com

Privacy Policy – Terms of Service – Contact / Imprint
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