TERMS & CONDITIONS
If you choose to access the Sites, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
General Terms last updated September 21, 2017
These Terms are a legal agreement between GUTSY FLORA. (collectively, “we,” “us” or “our”) and you, and they contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Sites, you: (i) acknowledge that you have read, understand, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms and that you agree to comply with all applicable laws, rules and regulations with respect to your use of the Sites; and (ii) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside. If you do not agree to these Terms, you may not access, browse or use the Sites, and you should discontinue these activities immediately.
Gutsy Flora is the exclusive owner or licensee of all content and materials on the Sites (the “Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.
The trademarks and service-marks Gutsy Flora ™ are the exclusive property of Gutsy. Unauthorized use of any of the Gutsy Trade Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with The Gut Stuff, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of Gutsy is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the Sites are the property of their respective owners.
You do not acquire any ownership interests in any Site Content or Gutsy Flora Trade Marks by accessing, browsing or otherwise using the Sites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Gutsy Flora or Site Content.
You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device.
Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites (“Your Content”). Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iv) agree to indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Sites, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Sites at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites, or through the Sites’ services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
Submission of Your Ideas and Suggestions
While we encourage you to share ideas and suggestions through the Sites, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Sites may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through the Sites (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant us and our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH ANY OF THE SITES.
Links to Third-Party Websites
The Sites contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Sites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Sites, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure that you are familiar with the most recent version of these Terms. Your continued use of the Sites after the effective date of the revisions signifies your acceptance of any such revisions.