Garden & Gun Land LLC Terms of Use

Welcome to Garden & Gun Land!

Garden & Gun LandSM LLC is a proud extension of Garden & Gun®, LLC; a lifestyle brand anchored by its award-winning magazine and passionate audience of over a million readers. Garden & Gun Land believes in an authentic sense of place and an inherent responsibility to the natural world. Through its website (hereafter, the “Site” or “Garden & Gun Land”), the subscriber can access information associated with its products and services, as well as make online inquiries about buying and/or selling quality sporting properties (collectively, the “Services”). These Terms of Use govern your use of and access to the Site. Please read them carefully.

Agreement

By using or accessing Garden & Gun Land and/or the Services, you agree to be legally bound by the Terms of Use found at www.gardenandgunland.com/terms and the Privacy Policy found at www.gardenandgunland.com/privacy-policy as amended from time to time (collectively, the “Agreement”). If you do not agree with the Agreement without limitation or qualification, you should not access or use Garden & Gun Land. Your continued use of or access to Garden & Gun Land following any changes made to the Agreement will mean that you also accept and agree to be bound by the changes or any then-current Agreement. Because we reserve the right to modify the Agreement at any time without notice to you, please check them regularly for changes. References to “Garden & Gun Land,” “we,” or “us” in the Agreement refer to Garden & Gun Land, Inc. a company incorporated under the laws of South Carolina that supports and maintains the Site and the Services.

This Terms of Use was last updated on: April 1, 2015.

Eligibility

To be authorized to access and use Garden & Gun Land you represent and warrant that you (a) are at least 13 years old, (b) are not currently restricted by Garden & Gun Land or any law enforcement agency from accessing or using the Garden & Gun Land Services or not otherwise restricted from having an Account, (c) are not a competitor of Garden & Gun Land or are not using or accessing the Garden & Gun Land Site or Services for the purposes of competing with Garden & Gun Land, and (d) have the full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party.

If you are not at least 13 years old, you are not authorized to access Garden & Gun Land or the Services and should leave the Site immediately.

Registration and Security

You may have limited access to some features of Garden & Gun Land without registering for a user account (an “Account”). Those who access Garden & Gun Land without registering for an Account shall hereafter be referred to as “Visitors.”

In order to gain access to additional features, however, you must register and create an Account with Garden & Gun Land. Visitors who have registered an Account shall thereafter be “Subscribers.” A Subscriber may access the Site to review content, access the Services, provide and/or upload content to the Site, or obtain and/or download content from the Site. Access to some of the Services or content may require that the Subscriber pay a fee.

When registering as a Subscriber, you agree to provide accurate, current and complete information for registration and to update such information to keep it accurate, current and complete. Garden & Gun Land reserves the right to suspend or terminate your Account at any time or for any reason or no reason, including if any information provided for registration is determined to be inaccurate, not current or incomplete. Garden & Gun Land shall be under no obligation to refund any payment if, in its sole discretion, Garden & Gun Land terminates your Account due to your violation of the Agreement.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You shall never use an Account that is registered to another Subscriber or Content Provider (described below) and shall never permit another Visitor, Subscriber or Content Provider to use your Account. You will immediately notify Garden & Gun Land of any unauthorized use of your Account or if you suspect that the security of your password or your Account has been compromised.

Subscriber Content, License and Warranties

Subscriber Content . As a Subscriber, you may perform search based on search terms you provide, send messages through Garden and Gun Land, upload property information, upload broker information, or post content to the blog. Such content may be in the form of any media including text, documents, images, audio content, video content, etc. (hereafter, “Subscriber Content”).

License Grant to Subscriber Content and Warranties. You grant to Garden & Gun Land a non-exclusive, irrevocable, assignable, sublicenseable, worldwide, perpetual, fully paid-up and royalty-free license to use, copy, display, prepare derivative works of, improve, modify, distribute, publish, remove, retain, process, sell and/or commercialize Subscriber Content that you contribute, upload, transmit or otherwise provide to Garden & Gun Land, in any way now known or in the future discovered, even if such Subscriber Content has been contributed and subsequently removed by you. Any Subscriber Content that you provide to Garden & Gun Land is provided at your own risk of loss.

Warranty . By providing Subscriber Content to Garden & Gun Land, you represent and warrant that (i) you are the author, owner, or are otherwise authorized to contribute the Subscriber Content, (ii) the Subscriber Content is true and accurate, (iii) the Subscriber Content is not confidential, and (iv) the Subscriber Content does not violate any rights, or infringe or misappropriate the intellectual property rights of any third party.

You are responsible for your own activities and communications on Garden & Gun Land and you are responsible for the consequences of such activities and communications. You shall not, and by using or accessing Garden & Gun Land or using the Services, you agree not to post any information or Subscriber Content that:

  • is subject to copyright protection, unless you are the copyright owner or have the copyright owner’s permission.
  • reveals trade secrets or proprietary or confidential information, unless you are the owner or have the owner’s permission..
  • infringes any intellectual property rights of others, or the privacy or publicity rights of others.
  • is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber, Visitor, or any other person or entity.
  • contains malicious software including without limitation viruses, Trojan Horses, worms, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Limited License to Garden & Gun Land Content

For the purposes set forth in the Agreement, Garden & Gun Land grants you a limited personal, non-exclusive, non-assignable, non-transferable, and revocable license to access, use and display Garden & Gun Land Content (defined below) associated with the Services. You must retain intact all copyright, trademark, proprietary and other notices when accessing, using, or displaying the Garden & Gun Land Content. Unauthorized use, copying, printing, duplication, distribution, transmission, creation of derivative works, reuse, reproduction, publishing, licensing, sublicensing, transferring, selling, renting or translating, in whole or in part, of any Garden & Gun Land webpage, Garden & Gun Land Content, Services, Garden & Gun Land software or Garden & Gun Land user interface content including without limitation text, graphics, sounds, videos, images, logos, button icons, and software that has been modified, merged and/or included in Garden & Gun Land, and/or any compilation thereof (collectively, the “Garden & Gun Land Content”) in any manner without the express prior written permission of Garden & Gun Land is expressly forbidden, and you so agree. You acknowledge that you may not sublicense, transfer, sell, rent or assign this license, the Garden & Gun Land Content or the Services. Any attempt to sublicense, transfer, sell, rent or assign this license, the Garden & Gun Land Content, or the Services shall be null and void.

Garden & Gun Land Content and Services Disclaimer

All Garden & Gun Land Content including the Services are provided “AS-IS.” You access and use the Services and all Garden & Gun Land Content at your risk. The Services and Garden & Gun Land Content may include inaccuracies, errors or information that is incorrect or out of date. Garden & Gun Land makes no representation about, or warranty of the accuracy, reliability, completeness or timeliness of the Garden & Gun Land Content, the Services, any use of or access to Garden & Gun Land or the Garden & Gun Land Content, or any hosted applications, programs, or other things provided or made available through Garden & Gun Land.

Trademarks/Copyrights

The Garden & Gun Land Content and name, including but not limited to the letters and service marks, the Garden & Gun Land logo and/or name, other Garden & Gun Land logos and service marks, or any taglines, titles, trade dress, and registered and unregistered services marks or trademarks (collectively, hereinafter referred to as “trademarks”), are protected under United States copyright, trademark and/or other laws, and are the property of Garden & Gun Land, and/or it’s licensors. Any unauthorized use of the Garden & Gun Land Content may violate applicable copyright, trademark, intellectual property, and other laws. You may not sell or modify the Garden & Gun Land Content or reproduce, display, distribute, or otherwise use the Garden & Gun Land Content in any way for any public or commercial purpose, including but not restricted to the adaptation of the Garden & Gun Land software, HTML code, or any other code that Garden & Gun Land creates. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our trademarks in such a way that would misrepresent or cause confusion as to who the proper owner of such trademarks is.

Restrictions

No Illegal Use . You shall not use the Services to create, transmit, distribute, store or destroy any Garden & Gun Land Content or Subscriber Content (a) in violation of any applicable law or regulation, (b) in a manner that infringes and/or misappropriates copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Information Security . You are prohibited from violating or attempting to violate the security of the Site, the Services, or any equipment, software, or devices on which the Site or the Services are hosted, displayed, provisioned or otherwise depend including without limitation, (a) gaining or attempting to gain access to any account, data, Service, Garden & Gun Land Content, Subscriber Content or information for which you are not authorized, (b) attempting to penetrate a system, network, or application by probing, “phishing,” scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack or any other type of electronic attack for the purposes of causing the Site or Services to become impaired or inoperable, or interfering with the availability of the Site or Services or Garden & Gun Land Content through techniques including without limitation, uploading malicious software (e.g., a virus, worm, Trojan horse, etc.), “packet flooding,” “spoofing” or “spamming,” or (d) forging any packet content or any part of any Garden & Gun Land Content, Subscriber Content or Service. Violations of system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by Garden & Gun Land or its agents, and/or law enforcement authorities in prosecuting any Visitor, Subscriber, or Content Provider involved in such violations.

Specific Prohibited Uses . Garden & Gun Land specifically prohibits and you agree not to use the Services, or any Garden & Gun Land Content or Subscriber Content for any of the following:

  • To take any action that imposes an unreasonable or disproportionately large load on Garden & Gun Land, the equipment, or the network on which Garden & Gun Land is hosted.
  • To attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Garden & Gun Land.
  • To frame any Services, Garden & Gun Land Content, or information relating thereto without prior express written permission from Garden & Gun Land.
  • To collect information about other Visitors or Subscribers for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us.
  • To falsify, conceal, or modify information identifying yourself or another Subscriber, including Internet Protocol header information.

Release of Liability

Release from Dealings between Subscribers and/or Visitors. Because authentication on the Internet is difficult, Garden & Gun Land cannot and does not confirm that each Visitor or Subscriber is who she, he, or it claims to be or that her, his or its Subscriber Content or other posted information is truthful, complete, non-defamatory, or accurate. You acknowledge and agree that your access to or use of Garden & Gun Land and the Services, and any action you take concerning your Subscriber Content or other information is your voluntary action for which you are exclusively responsible. There is always a certain risk when transmitting such information over the Internet or some other public or proprietary network, and you assume such risk by submitting Subscriber Content or information to Garden & Gun Land and by making or authorizing transmission of such Subscriber Content or information to others. Garden & Gun Land does not and cannot be involved in or control the dealings or meetings between any Visitor or Subscribers that access Garden & Gun Land. Accordingly, in the event that you have a dispute with another Visitor or Subscriber, you agree to the fullest extent permitted by applicable law to forever release Garden & Gun Land and its agents, employees, officers, directors, members and managers from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive, to the fullest extent permitted by applicable law, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Not Responsible For Offensive Posts . Garden & Gun Land has no obligation to screen or monitor communications or information in advance and is not responsible for screening or monitoring Subscriber Content or information posted by Subscribers. If Garden & Gun Land is notified or otherwise becomes aware of any communication, information or Subscriber Content that is posted by a Subscriber, which allegedly does not conform to these Terms of Use, infringes a third party’s intellectual property right or is abusive, illegal, or disruptive, Garden & Gun Land may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communications, information, Garden & Gun Land Content, or Subscriber Content (“Offensive Post”) and/or to suspend such Subscriber’s use of or access to the Site and/or the Services. Garden & Gun Land reserves the right to expel and/or deny access to Visitors or Subscribers to prevent their further access to the Site and/or the Services for violating the Agreement or any applicable laws. Garden & Gun Land further reserves the right to remove, erase or over-write Offensive Posts or any information or content in connection therewith. Garden & Gun Land may take any action at any time with respect to Visitor- or Subscriber- submitted information or Subscriber Content that it deems necessary or appropriate if, in its sole discretion, it believes it may create liability for Garden & Gun Land, harm any other Visitor or Subscriber or may cause Garden & Gun Land to lose (in whole or in part) the services of its Internet Service Providers, Application Service Providers, or other suppliers.

Limitation of Liability and Disclaimer of Warranties

You agree that use of or access to Garden & Gun Land and the Services is entirely at your own risk. Garden & Gun Land and the Services are provided “AS-IS,” without warranty of any kind, either express or implied, including without limitation any warranty for information, the Services, uninterrupted or error free access or use of the Site and Services, or products provided through or in connection with Garden & Gun Land or the Services, including without limitation our software or Services licensed to you and the results obtained through Garden & Gun Land (unless such warranties are legally incapable of exclusion).

Specifically, we disclaim any and all warranties with respect to the Garden & Gun Land Site or the Services, including without limitation any and all: (a) warranties concerning the availability, accuracy or content of information, products or the Services; (b) warranties of title; (c) warranties of non-infringement; and (d) warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability or transmission, computer virus, malicious software, cyber-attack, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other Visitors or Subscribers or third parties and that the risk of injury from the foregoing rests entirely with you.

Neither we nor any of our agents, affiliates, other affiliated persons or entities, co-branders, partners or content providers shall be liable for any direct (in excess of the limitation of liability hereinafter provided), indirect or incidental damages, lost revenue or profits or lost data, or special or consequential damages arising out of use of Garden & Gun Land or the Services, or inability to gain access to or use of Garden & Gun Land or the Services whether based on breach of warranty, contract, tort, strict liability, or any other legal theory, and whether or not Garden & Gun Land is advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation or exclusion may not apply to you. In no event shall Garden & Gun Land total liability to you for all damages, losses, or causes of action exceed the amount, if any, that you paid to Garden & Gun Land over the twelve months immediately preceding the date of the claim of liability, or fifty dollars, whichever is greater.

You hereby also acknowledge that the provisions of this section shall apply to all communications, information and Subscriber Content posted on Garden & Gun Land.

Links to Other Websites

Garden & Gun Land provides, or may from time to time provide, links to third party websites, such as Just Push Pay sites, via which third party services or third party content can be accessed or downloaded. Because we have no control over such third party websites, services or content, you acknowledge and agree that Garden & Gun Land is not responsible for the availability, content, services, acts or omissions of such external websites or resources or their owners, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources. You further acknowledge and agree that Garden & Gun Land is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such website.

Termination

Your use of or access to the Garden & Gun Land Site and/or the Services is at the discretion of Garden & Gun Land and may be suspended or terminated at any time in the sole discretion of Garden & Gun Land. In the event of any such suspension or termination, Garden & Gun Land will not be responsible for any lost opportunities or other damages or loss that you may incur as a result of such suspension or termination. Upon any breach by you of this Agreement, Garden & Gun Land reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Subscriber Content, or communications with Garden & Gun Land and immediate termination of your Account.

You may terminate your Account at any time by providing written notification to us.

Termination shall not affect your obligations to us in accordance with this Agreement or any additional terms.

Indemnity

You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify Garden & Gun Land and its agents, employees, professors, directors, officers, supporting organizations, successors, and assigns other affiliated persons or entities, (“Indemnified Parties”) from and against any and all loss, cost, claims, liabilities, damages, disputes and expenses, including without limitation reasonable attorney’s fees and court costs, arising out of:

(i) Your violation of any of the terms of this Agreement, or any information, software, files, or other Subscriber Content posted to Garden & Gun Land by you;

(ii) Your uploading, posting, or otherwise using Garden & Gun Land in any way whatsoever to make public any Subscriber Content or information that is defamatory, slanderous, libelous, false, dishonest, unfounded, untruthful, inaccurate with respect to another Visitor, Subscriber, Organization or any third party;

(iii) Your use of and access to the Site, the Services, or the Garden & Gun Land Content;

(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right;

(v) Any claim that your Subscriber Content, communications, or postings causes damage to or infringes the intellectual property rights, privacy rights, or other rights of a third party; or

(vi) Any claim that any Garden & Gun Land Content, Subscriber Content, communications, or posting, by the another Visitor, Subscriber or Content Provider violates any of your rights, is untrue, is defamatory, is disparaging, is inaccurate, misrepresents you, misrepresents a product or service that you provide, or causes any loss, damage, lost opportunity, expense, harm, or injury to you, your agents, successors, or assigns.

The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide defense to the Indemnified Parties in that matter, but shall remain responsible to reimburse Garden & Gun Land and each of the Indemnified Parties for its defense expenses. This section shall survive the termination or cancellation of this Terms of Use or any termination or suspension of your use of or access to all or any aspect of the Services.

Your obligation not to transfer in violation of any law – and Transfer to the United States

If you are located outside of the United States, you are notified and aware that the Subscriber Content or other information you provide to us is anticipated to be transferred to the United States. Whenever you submit any Subscriber Content or other information to us, you consent to this transfer and all related transfers, and you promise and agree not to make any transfer (including without limitation, transfers to us) except as permitted by applicable law. We make no representation that the Subscriber Content, Garden & Gun Land Content, the Services or any posted information are appropriate or available for use in locations outside the United States. Access to or use of Garden & Gun Land from jurisdictions where the Services, the Subscriber Content, or the Garden & Gun Land Content or other information or communications, are or may be illegal, is prohibited. If you are an international Visitor, Subscriber or Content Provider (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information contemplated in this Terms of Use, and (c) you forever release Garden & Gun Land and the Indemnified Parties from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any violation of such local laws, and whether or not you may have made us aware of any such matters.

Additional Terms of Use

Certain Subscriber Content or the Services may be subject to additional or other Terms of Use or other requirements and such other Terms of Use or requirements shall be posted to an area of the Site that coincides with or includes links to such content. By using, selecting or accessing such content or links, or any part thereof, you agree to be bound by the additional Terms of Use applicable to such content or third party webpages with which the links are associated.

General Provisions

Severability / Waiver. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative, and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement. Additionally, no waiver of any provision of this Agreement or any rights or obligations of either you or us hereunder shall be effective, except pursuant to a written instrument signed by you and us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

Compliance with Laws. You shall comply, at your own cost and expense, in every material respect with all laws, ordinance, rules, regulations, and requirements of all federal, state, and local governmental authorities that are applicable to the activities or Services pursuant to this Agreement.

No Third Party Beneficiaries. This Agreement shall inure to the benefit of and shall be binding upon you and us and our respective permitted successors and assigns. Except as expressly provided herein, there are no third party beneficiaries to this Agreement.

Relationship of the Parties. You and Garden & Gun Land are acting as independent contractors with respect to the activities hereunder. Nothing in this this Agreement shall be deemed to create any type of agency, joint venture, or partnership relationship between you or us. Neither you nor Garden & Gun Land shall have any right or authority to bind or obligate the other in any manner to any third party.

Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and Garden & Gun Land with respect to the transactions contemplated herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof. No changes to this Agreement shall be made except by a revised posting by Garden & Gun Land.

Assignment. Garden & Gun Land reserves the right to assign the Agreement to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status.

Section Headings. All Section, subsection, and paragraph headings are provided herein as a convenience only and do not affect the meaning or interpretation of this Agreement.

Governing Law. You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the State of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina.

If you are located outside of the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this Agreement, you voluntarily subject yourself to the jurisdiction of the State or federal courts of Charleston County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.

If you are a citizen of a country that does not permit Internet transactions to be governed by the laws of South Carolina and/or the applicable United States federal law as above referenced in accordance with this Agreement, please immediately cease use of Garden & Gun Land and terminate your account by written notification to us of such termination.

Right to Terminate. We reserve the right to terminate the Services, this Agreement, or your access to or use of Garden & Gun Land at any time without notice for any reason, including, in the case of this Agreement, for your violation of any of its provisions. The provisions of this Agreement, which by their nature extend beyond the termination of this Agreement, will survive termination of this Agreement or termination of your use or access to all or any portion of the Services.

Contact Us

We hope that you enjoy Garden & Gun Land! If you have any questions or comments about this Agreement or Garden & Gun Land, please contact us at 409 King Street, Charleston, SC 29403 and/or info@gardenandgunland.com.

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