Wicked Garden Terms of Use
Welcome to the Wicked Garden website (“Website” or “site”),
provided by ONYX Industries LLC (“we” or “us”). Please read this document carefully
before accessing our site, as it constitutes the agreement between you and Wicked Garden with respect to your use of our Service. By accessing our site or
registering as a member you are agreeing to be bound by these terms and
conditions. If you cannot agree to them you may not use the website. The
Terms “Wicked Garden”, “we” and “us” refer to ONYX Industries LLC.
This agreement is subject to change at any time. Changes
are effective upon posting, and continued use of the site constitutes
acceptance of these changes. It is up to you to check this page for any
changes to the original.
Eligibility
By accessing our site you represent and warrant
(1) that you are at least
18 years of age
(2) that you have agreed
to these Terms & Conditions, and the Privacy Policy.
Code of Conduct
You agree to follow the code of conduct as set out below:
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You will keep all information and materials submitted to you
through the service as private and will not disseminate such information or
materials without the consent of the person who provided it to you.
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You will not use our service to engage in any harassing or
offensive behavior, including but not limited to posting, emailing, or
otherwise transmitting pictures, communications, or any other content that is
libelous, slanderous, defamatory, illegal, obscene, or abusive.
Ø
You will not seek to use the website or any information available
on the website for financial gain unless with prior written authorization by Wicked Garden.
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You understand that the Wicked Garden administrators reserve the right to monitor any email, personal chat, or group chat
conversation for any reason.
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You will not transmit any material containing viruses, Trojan
horses, worms, or anything else than might cause harm to or detrimentally
interfere with the Service, Wicked Garden’s systems, or the systems of any of
its members in any way.
Ø
You will not use the Service in a manner that could disable or
overload the site, or interfere with another member’s enjoyment of the site.
This includes, for example, sending spam emails, forwarding chain letters, or
distributing solicitations.
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You will not use the service to infringe upon any persons copyright,
patent, or other proprietary rights, or any rights of privacy or any other
personal rights.
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You will not use this service in any manner that is illegal or
prohibited by any law or by these terms.
Ø
You will not seek access to any material on this website by
hacking or any other means we have not intentionally made available to you on
the website.
Non Commercial use by members/viewers
You represent that you shall not use your
profile to advertise for another website or any product or service. You shall
not use any textual content for any commercial purpose. You shall not send
spam emails.
Membership categories
Wicked Garden offers the 5 following different memberships
on our website:
1) Free
Membership – Limited Access and Functionality.
2) Exclusive
Membership – Full Access to the Website as a paying member, but you are not
validated yet.
3) Exclusive
– Validated Membership – Full Access to the Website as a paying member, but you
are validated.
4) Power
Member – All the rights and privileges of a Validated Member, plus the ability
to validate other members, plus other minor administrator privileges.
5) Administrator
– Full Access and Control of the Websites.
Validation means that your Profile has been deemed
truthful and accurate and then you are real. Administrators and Power Members
of Wicked Garden will be able to validate your profiles.
Fees
Wicked Garden offers 1 payment
option:
- $12.99/Month, Recurring Monthly with No Commitments
You acknowledge
and agree that electronic payments are handled through a third party vendor,
and any billing information you provide to Wicked Garden may be sent by us to
that third party vendor. Any billing information sent by Wicked Garden to a
third party vendor is intended solely to allow the third party vendor to
process the payment.
We reserve the right to change our pricing policy anytime at
our sole discretion. We also reserve the right to change the method by which
we charge members for membership, or the method of payment, anytime at our sole
discretion.
Memberships are non-refundable. Any period of unused membership
will not be refunded, even if you are no longer using the service. Membership
may not be transferred from one member to another.
Privacy and the use of information
By using this service you have also agreed to our privacy
policy. You should review the privacy policy in order to understand how we
collect, use, and protect your information. However, we are not responsible
for, and cannot control, the use by any other users of your information which
you provided to them. Please use caution in selecting the personal information
you reveal to others through this service.
Security/Password
We will treat anyone using your password as “you”, and give
them all the rights and privileges that you have with respect to the site. We
will also hold you responsible for all usage or activity on the site by users
using your password. Therefore we ask that you keep your username and password
in confidence, and notify us immediately if you have reason to suspect someone
is using your password.
Monitoring and removal of information
We reserve the right to
monitor your profile, postings, and other messages sent by you through the site
in order to protect the integrity and security of our computing systems, and to
protect our users from threats such as those detailed in our Code of Conduct.
Although we do not and cannot
review every email or other material posted or sent by users of the Service,
and are not in any way responsible for the content of these emails or
materials, we reserve the right, but are not obligated, to delete, move, or
edit messages or materials, including without limitation profiles, public
postings and messages, that we, in our sole discretion, deem to violate the
Code of Conduct set out above or any applicable content guidelines, or to be
otherwise unacceptable. You shall remain solely responsible for the content of
profiles, public postings, messages and other materials you may upload to the
Service or users of the Service.
Termination of Access to
Service
We reserve the right to
terminate or suspend your access to any or all parts of the website at any time
and for any reason, including, without limitation, anything that we in our sole
discretion determine to be a breach of our Code of Conduct or any part of this
agreement. Any illegal activity may be grounds for termination of your access
to our service at our sole discretion, and you may be exposed to criminal
charges and civil liability to harmed parties. ONYX Industries LLC reserves the right at
all times to disclose information it deems necessary to satisfy any applicable
law, regulation, governmental request, or legal process.
In the event we determine it
necessary to terminate a paid account, all membership fees paid up to the date
of termination are non-refundable.
Proprietary rights:
Wicked Garden owns
and retains other proprietary rights in the Wicked Garden site and the Wicked Garden service. The site contains the copyrighted material, trademarks, and other
proprietary information of Wicked Garden, and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
Indemnity:
You agree to indemnify and
hold Wicked Garden, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of your use of the service in violation of this Agreement and/or arising
from a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above.
Links
We allow certain companies to
place links on our site. Although we have selected these companies, we are not
responsible for, and have no liability as a result of, the availability of said
links and their contents. If you link to any third party through our site
please be aware that you are doing so at your own risk.
Warranty Disclaimer
Wicked Garden does not
warrant that the website, or the content, facilities, and features offered on
the site will be error-free or uninterrupted. The site and all of the programs
and facilities are provided on an “as-is” and “as-available” basis. We do not
warrant or represent that the site or anything you download from the site will
be free of viruses or other harmful features. Where permitted by law, you
acknowledge that the Service is provided without any warranties of any kind whatsoever
either express or implied, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose.
We do not represent or
endorse the accuracy or reliability of any member profile, advice, opinion,
statement or other information displayed, uploaded or distributed through the
Service by Wicked Garden, our partners or any user of the Service or any other
person or entity. You expressly agree that your use of the site and its related
services is at your sole risk.
Limitation on Liability
Except in jurisdictions
where such provisions are restricted (and in that event liability is disclaimed
to the fullest extent permitted by law), in no event will Wicked Garden be
liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits arising
from your use of the site, even if Wicked Garden has been advised of the
possibility of such damages.
You may decide to engage in
offline activities with members from our site on an individual basis, or in
groups or through event listings. You understand that Wicked Garden makes no warranties with respect to any member, any information provided by any member
on the website, or any information regarding parties.
Notwithstanding anything to
the contrary contained herein, Wicked Garden’s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you for the service during the term of
membership.
Assignment
You do not have the right to
assign any of these terms or your rights under these terms, either in whole or
in part, to anyone. Wicked Garden reserves the right to assign its rights and
obligations under these terms.