Terms of Use

Effective as of 8/11/15

The www.groknation.com website is owned and operated by <GROKNATION>, a California corporation (“Groknation”). These Terms of Use (“Terms of Use” or “Agreement”) are intended to make you aware of the terms and conditions of your use of the www.groknation.com website, any derivative website(s) on which these Terms of Use are posted, any Content (as defined herein), or other products or services that are offered or provided by Groknation (collectively, the “Site”). In the event you purpose to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your,” or “User” shall include such entity or person in addition to you, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN ASSIST IN THE COMPLETION OF YOUR REGISTRATION FOR USE OF THE SITE AND YOUR REVIEW OF AND AGREEMENT TO THESE TERMS OF USE. IF YOU ARE UNDER THE AGE OF 13, YOU MUST PROVIDE GROKNATION WITH VERIFIABLE PARENTAL CONSENT, AS SET FORTH IN THE CHILDREN’S PRIVACY POLICY, LOCATED AT http://groknation.com/childrens-privacy-policy/, AND YOUR PARENTS/GUARDIANS MAY ASK US TO MODIFY, DENY ACCESS TO, OR TERMINATE YOUR ACCOUNT, AND WE MAY DO SO AT THEIR REQUEST OR ANY TIME, FOR ANY REASON, WITHOUT NOTICE OR LIABILITY.

The disclaimers, terms, and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by Groknation, including through a registration process or other means. In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application shall control.

Groknation reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time. By using OR OTHERWISE ACCESSING the Site, CREATING, REGISTERING, OR ACCESSING AN ACCOUNT, posting or downloading Content, WIDGETS, or any other information to or from the Site, you hereby agree to, and shall be subject to, these Terms of Use. If you do not UNEQUIVOCALLY agree, you may not use OR OTHERWISE ACCESS the Site, post or download Content, or any other information to or from the Site.

General Terms of Use and Restrictions on Use

Groknation hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms of Use are reserved by Groknation. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell, or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. Groknation may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available, or restrict the amount of use permitted at Groknation’s sole discretion and without prior notice or liability. You further agree that such measures shall be taken in Groknation’s sole discretion and without liability to you or any third party.

Accounts

To utilize certain functionality of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify Groknation in the event your registration information changes; (b) immediately notify Groknation in the event you learn of or have reason to suspect any unauthorized use of your account or other breach of security; (c) exit from your account at the end of each session; and (d) defend, indemnify, and hold harmless Groknation from any loss or damage arising from unauthorized use of your username or password. You also agree that you will provide truthful and accurate information during the registration process. Groknation may refuse to grant a particular username to you for any reason, including, without limitation, in the event Groknation determines that such username impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or otherwise offensive.

By registering for an account, you consent to the collection of your data, including, without limitation, your registration information, by Groknation and processing of such data by Groknation in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, your registration information, and you acknowledge that such process may involve: (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

Content

You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by Groknation or third parties (collectively, the “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content. By posting or delivering User Content, you hereby grant to Groknation a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content.

Groknation does not generally monitor or otherwise remove User Content after it is posted on the Site except as required or permitted by law or otherwise in the sole discretion of Groknation, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal, or harmful in any respect or which may violate these Terms of Use. Groknation does not make any warranties or representations regarding any of the User Content. Groknation does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users or otherwise embodied in the Content. Groknation is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable.

Ownership of Intellectual Property Intellectual Property

Unless otherwise specifically noted in these Terms of Use or on the Site, any and all images, trademarks, service marks, logos, and icons displayed on the Site are the property of Groknation and/or its licensors and may not be used without Groknation’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. This Site is the copyrighted property of Groknation, and you will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so. Any unauthorized use of any Content, whether owned by Groknation or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.

Groknation’s Privacy Policy and Children’s Privacy Policy

Groknation may collect, store, and use data collected from you in accordance with Groknation’s general Privacy Policy, located at http://groknation.com/privacy-and-cookies-policy, and the Groknation’s Children’s Privacy Policy, located at http://groknation.com/childrens-privacy-policy/, for our privacy practices related to children. The terms and conditions of the Privacy Policy and the Children’s Privacy Policy are hereby expressly incorporated into these Terms of Use. Groknation may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Groknation may transfer information collected from users in connection with a sale or restructuring of Groknation.

User Representations

Registration and use of the Site is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, representations, and warranties herein. You hereby represent and warrant to Groknation that you: (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Groknation is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site or any part thereof. For any User Content that you post via the Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Groknation the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.

Prohibited Uses

You agree not to: (a) use of the Site to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically, or otherwise objectionable; (b) use of the Site to post content, files, graphics, software, or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret, or other intellectual property rights, or privacy, moral, or publicity rights, of any person; (c) use of the Site to interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (d) use of the Site to post viruses, trojan horses, or any other malicious code or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, system, or telecommunications equipment; (e) use of the Site to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other fraudulent schemes, or any other form of solicitation; or (f) use of the Site to engage in any activity that, as determined by Groknation, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

Widgets

Groknation may provide widgets (“Widgets”) that may be placed on your website to allow visitors of your website to access and view Content and other information through our Site. Groknation may also deliver Content through the Site or allow third parties to post Widgets provided by such third party content providers (“Widget Providers”). Groknation’s Widgets may include, without limitation, Groknation’s trademarks, logos, headlines and links to Content, and other information located on the Site, and advertising for Groknation and third party products and services. References to Groknation’s Widgets herein shall include, without limitation, all associated Content and information provided via the Widgets, all software files or other intellectual property comprising or provided via the Widgets, all data and code that accompanies the Widgets, and all upgrades, enhancements, modifications, updates, and revisions of such software and code. Your use of Groknation’s Widgets is subject to all of the general terms and conditions of use contained elsewhere in these Terms of Use, as well as all of the other terms and conditions contained herein. You are not licensed to use Groknation’s Widgets for any other purposes, and nothing herein shall be deemed to grant you any right, title, or interest in or to Groknation’s Widgets. Without limiting the generality of the foregoing, you may not use Groknation’s Widgets to offer or promote, or otherwise use Groknation’s Widgets in association with, any products or services for sale.

You may not use Groknation’s Widgets in any manner that would constitute an endorsement, whether express or implied, by Groknation, or any of its parents, subsidiaries, or affiliates, of your website or any product, service, or activity contained on your website. You may not place Groknation’s Widgets on any website that includes content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by Groknation in its sole discretion. Groknation’s Widgets may be used only with those platforms from which a functional link is made available to direct users to Content and other information as located on the Site. You may not use Groknation’s Widgets in any manner that does not permit successful linking to, redirect to, or delivery of the applicable Groknation page. You may not insert any intermediate or splash page or other content between Groknation’s Widgets and the applicable Groknation Site page. Groknation may use data capture, syndication analysis, and other similar tools to track, extract, compile aggregate, and analyze any data or information resulting from use of a Groknation Widget.

Please be advised that Widget Providers’ Widgets are controlled only by Widget Providers. Groknation does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials on or available through such Widget Providers’ Widget. The Widget Providers’ Widgets may use “cookies” or otherwise gather or collect information about you, including by asking you to provide information through such Widget Providers’ Widgets. The use of Widget Providers’ Widgets, and the privacy practices of the Widget Providers, is governed by the applicable Widget Provider’s separate terms of use and privacy policies, if any. Groknation strongly encourages you to review any separate terms of use and privacy policies governing any use of Widget Providers’ Widgets.

 

Links

As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and the presentation of third-party links or content by Groknation is not intended to be an endorsement, sponsorship or recommendation by Groknation. Please be aware that when you exit the Site, you are subject to the policies of the new Site. You further acknowledge and agree that Groknation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource.

You may link to the Site if your link is fair, legal and for non-commercial purposes. You may not link in a way that damages Groknation’s reputation or takes advantage of it. Your link may not suggest any form of association, approval or endorsement without our express prior written consent. Where Groknation, on this Site, provides social media features that enable you to link from your own site or a third-party social media site to any content on this Site, send emails or other communications with any content from this Site, or display or cause to be displayed certain content or portions thereof on your own or third party websites, you may use these features only as they are provided and with respect to the provided content. You may not cause the Site or portions of it to be displayed or appear to be displayed by framing, deep linking or in-line linking on any other site, or otherwise take any action regarding the content, data and materials on this Site that is inconsistent with or in violation of these Terms. Groknation reserves the right to withdraw linking permission without notice and may disable any social media or sharing feature as well as any links at its discretion and without notice.

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

Exclusion of Warranties / Disclaimer

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND ANY GROKNATION CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH Groknation USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS AS ACCURATE AS POSSIBLE, Groknation GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR GROKNATION CONTENT posted or otherwise made available therein. FURTHER, Groknation DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY GROKNATION CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR GROKNATION CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR GROKNATION CONTENT WILL MEET YOUR EXPECTATIONS. Groknation EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE OR GROKNATION CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

GROKNATION makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Site. GROKNATION is not nor will not be responsible for any loss or damage that could result from interception by third parties of any Information found in any report or available through the Site.

ANY GROKNATION CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH GROKNATION CONTENT OR MATERIAL.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Groknation SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Groknation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS or SERVICEs RESULTING FROM the inability to access or utilize ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL Groknation’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Release / Indemnification

You agree to release Groknation, its members, managers, officers, employees, and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them. You agree to defend, indemnify and hold harmless Groknation, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with: (a) your access to or use of the Site or any part thereof; (b) any User Content you post via the Site; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement; (d) infringement or misappropriation of any intellectual property or other rights of Groknation or third parties by you; or (e) any negligence or willful misconduct by you.

 

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of California, without regard to its conflicts or choice of laws principles. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in or serving Los Angeles County, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Site, or the use of, or reliance on this Site, whether based in contract or tort or otherwise. The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Groknation which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Groknation has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Groknation may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.

 

Copyright and Copyright Notices

Groknation respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Groknation’s Copyright Agent with the following information:

  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material;
  • your address, telephone number, and email address;
  • 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; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Please contact Groknation’s Copyright Agent for Notice of Claims of Copyright Infringement at copyright@groknation.com). Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.

 

Changes to Our Policies

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at info@groknation.com. Any changes in Groknation’s policies will be communicated on this page.

 

This Site is operated by Groknation. All inquiries may be directed to:

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