StartupGrinder.com, ("we," "us") owns and operates the startupgrinder.com website (our "Site"), on which we provide a means for placing and viewing listings and advertisements, submitting commentary and media files, communicating with other users, and various other services (our Site and such services, collectively, our "Service"). Your use of our Service is subject to the following Terms and Conditions of Use (these "Terms") and your use constitutes an acceptance of and agreement to comply with these Terms. If you do not agree with these Terms, your sole recourse is not to use the Service. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
1. USER CONDUCT
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized purpose, (d) interfere with or damage our Service, (e) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (f) "stalk," harass, or libel another person or entity, (g) assist others in doing any of the foregoing.
You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Service and take any other action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be objectionable.
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Service is designed to allow users to post videos and information about themselves for public review and comment. Accordingly, by submitting your video and/or any personal information, you waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Service and deliver information and services to you and other users of our Service.
A. By submitting any user content (including without limitation, video files, audio files, photography, blog entries, comments, events and ratings) to our Site, you thereby grant us a worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, distribute, promote such content in any form, in all media. You agree to not grant any rights to third parties that would conflict with the aforementioned rights that you grant to us. Furthermore, by submitting a listing or advertisement to our Site, you grant us the right to advertise on your behalf by including links to and summaries of your advertisement in any other online or offline medium, whether controlled by us or by a third party.
B. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that is unlawful, false or misleading or harmful including content that: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content, (c) may degrade, harass or intimidate any individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, (d) exploits images or the likeness of individuals under 18 years of age, (e) encourages or otherwise depicts glamorized violence or drug use, (f) makes use of offensive language or images, or (g) includes content subject to rights of third parties that would conflict with Section 3(A) or their intellectual property rights.
C. We have no obligation to post any content that you submit. In addition, we may, at our sole discretion, edit, remove or delete any content that you submit.
D. We are not responsible for the accuracy, errors or omissions, of the business and organizational listings on our Site.
4. THIRD PARTY CONTENT
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites.
All content posted on, transmitted through or linked with our Service is the sole responsibility of the person or entity from whom the content originated. We do not control Third Party Content, transactions or interactions, and make no representations or warranties about them. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, transactions or interactions, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service. No Third Party Content should be considered as medical advice and a medical professional should be consulted prior to embarking on any course of treatment or action.
5. PROPRIETARY RIGHTS
You agree that all content and materials available on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. You agree not to systematically retrieve data or other content or any materials from our Site.
6. TERMINATION AND DISCONTINUANCE
You agree that we, at our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. In the event we terminate your access to our Service, we will waive or prorate usage fees. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Service.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. In the event we discontinue our Service, we will waive or prorate usage fees. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at:
PO Box 809
New Zealand 3240
Please provide us with the following Notice:
a) Identify the material on our site that you claim is infringing, with enough detail so that we can locate it;
b) 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;
c) A statement by you declaring under penalty of perjury that 1) the above information in your notice is accurate, and 2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, phone number, email address; and
e) Your physical or electronic signature.
We will address the infringing posting as required by law.
You agree that New Zealand is not a signatory to the US DMCA and any complaints will be handled according to New Zealand's local copyright legislation.
8. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
9. DISCLAIMER OF WARRANTIES
You agree that:
A. If you use our service, you do so at your own and sole risk. Our service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. We do not warrant that (a) our service will meet your requirements, (b) our service will be uninterrupted, timely, secure, or error-free, (c) any information that you may obtain on our service will be accurate or reliable, (d) the quality of any products, services, information or other material purchased or obtained by you through our service will meet your expectations, (e) any information you provide or we collect will not be disclosed to third parties or (f) any errors in any data or software will be corrected.
C. If you access or transmit any content through the use of our service, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions.
D. No data, information or advice obtained by you in verbal or written form from us or through or from our service will create any warranty not expressly stated in these terms.
10. LIMITS ON LIABILITY
A. You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising from, relating to or connected with: (a) the use or inability to use our service, (b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our service, (c) disclosure of, unauthorized access to or alteration of your content, (d) statements, conduct or omissions of any service providers or other third party on our service or (e) nothing on this site is or should be construed as medical advice, and you should consult a medical professional before embarking on any course of treatment or action (f) any other matter arising from, relating to or connected with our service or these terms.
C. In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our service or these terms exceed the usage fees you paid to us during the immediately preceding one-year period or $100, whichever is greater.
D. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of sections 8 and 9 may not apply to you.
You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of 1) your use of our Service, 2) alleging facts or circumstances that could constitute a breach of any provision of these Terms by you related to any content you submit, post or make available, 3) your violation of these Terms or breach of any of the Representations and Warranties or 4) your violation of the rights of others. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
All disputes arising out of or relating to these Terms or your use of our Service will be exclusively resolved under binding arbitration held in New Zealand before and in accordance with the applicable arbitration rules, except that we will have the right to seek injunctive or other equitable relief in a court located in the Waikato region of New Zealand, to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. Startupgrinder.com reserves the right not to enter any arbitration/conversation with foreign representation or enter arbitration under any foreign law.
These Terms shall be interpreted in accordance with the laws of New Zealand without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.