Terms of Use

Welcome to the website of Grumper. Grumper provides you access to the Grumper.org website or any other websites owned by Grumper (collectively, "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below ("Terms of Use"). Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing our Site, you accept, without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Use and our and constitutes a legally binding contract between you and Grumper. Grumper respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by Grumper, please refer to our Privacy Policy

Registration
1. You agree to:
  1. Provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
  If you provide any information that is untrue, inaccurate, not current or incomplete, or Grumper has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grumper has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), in addition to any other remedies available to Grumper.
2. You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
  1. Immediately notify Grumper of any unauthorized use of your password or account or any other breach of security; and
  2. Ensure that you exit from your account at the end of each session. Grumper will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.
Grumper's Intellectual Property Rights and Limited License
1. All text, graphics, multimedia content or other material that you see or read on this website and all related code (the "Materials"), excepted for Submitted Materials (as defined below), is owned or being used with permission by Grumper, and may not be used except as provided in these Terms of Use. You may download one copy of the Materials on any single computer for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You may not modify, reuse, re-post, or use the Materials for public or commercial purposes, without Grumper's written permission. Without limiting the forgoing, you agree not to use the Materials for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the Materials, in whole or in part, to any other party unless specifically permitted by Grumper or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at Grumper's discretion, granted hereunder.
Copyright and Trademarks
1. The Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Grumper owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to Grumper.
2. "Grumper", the "Grumper logo", as well as other marks that may appear on the Site ("Marks"), are the service and trademarks of Grumper. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Grumper's written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Grumper.
Links and Other Sites
1. This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because Grumper has no control over such sites and resources, you acknowledge and agree that Grumper has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Grumper of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Grumper does not author, edit or monitor these pages or links. You further acknowledge and agree that Grumper is not 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 content, goods or services available on these other sites or resources.
2. Grumper hereby grants you a non-exclusive, limited license, revocable at Grumper's discretion, for you to link to Grumper's home page from any site you own or control , so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Grumper. All of Grumper's rights and remedies are expressly reserved.
Infringement Complaints - Digital Millennium Copyright Act Notice
1. Grumper respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Grumper directly makes available on the Site and we ask our users to do the same. Grumper may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by Grumper, our users or any other party, is infringing, please contact Grumper at the address below. Pursuant to the Digital Millennium Copyright Act, Grumper has a designated agent to receive copyright infringement claims.
2. You may notify Grumper of alleged intellectual property rights infringement by contacting our designated DMCA Agent at: support@grumper.org
3. If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.
User conduct and submissions
1. Any material that you submit to the Site including, without limitation, content, information, ideas, comments, blogs, vlogs, suggestions or other materials ("Submitted Materials") shall be subject to the applicable terms and conditions set forth herein. You hereby agree that any communication or Submitted Materials you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary, and you grant to Grumper the rights defined in the applicable submission terms.
2. Grumper does not claim ownership of any communication or material you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material on the Site, and solely in consideration of the possibility of publicity and professional credit, you hereby grant to Grumper the non-exclusive, royalty-free perpetual right to:
  1. Exhibit, display and otherwise distribute your Submitted Materials or any communications via Grumper's web site (the "Internet Rights");
  2. Exhibit excerpts of your Submitted Materials via all forms of media throughout the world in perpetuity solely for promotional purposes ("Promotional Rights"); and,
  3. If your Submitted Materials embody any audio, visual or audiovisual material , you hereby grant to Grumper the non-exclusive, royalty-free perpetual right to exhibit and otherwise distribute that material via all forms of media throughout the world in perpetuity ("Media Rights").
3. You acknowledge that you shall not be entitled to any monetary compensation in exchange for Grumper's exercise of the Internet Rights, the Promotional Rights or Media Rights. However, you may revoke such rights in connection with your Submitted Materials at any time by written notice to Grumper, following which such rights shall revert to you and Grumper shall have no further right to exploit such Submitted Materials. In the event of such revocation Grumper shall have a commercially reasonable period of time in which to remove the Submitted Materials from any platform upon which Grumper has elected to distribute it. Furthermore, Grumper is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized Grumper signatory. Grumper shall have no obligation to post, exhibit, distribute or otherwise make use of any Submitted Materials.
4. With respect to any and all Submitted Material submitted by you, you hereby warrant and represent that such Submitted Material:
  1. Is not unlawful, obscene, fraudulent, indecent; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
  2. Does not contain any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  3. Does not advocate or encourage any illegal activity;
  4. Does not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;
  5. Does not violate the privacy of individuals, including other users of the Site; or
  6. Does not violate any applicable local, state, national or international law.
5. You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Site and then only for the purposes consistent with the limited license hereunder and these Terms of Use.
6. You agree not to, or attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Site; not to data mine the Site and not to in any way cause harm to or burden the Site.
7. You agree that you will not post on or transmit through the Site any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail or chat, without Grumper's express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Grumper with respect thereto. You further agree not to use the Site, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
Disclaimer of Warranties
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
  2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRUMPER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, GRUMPER DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND 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 MATERIAL. UNDER NO CIRCUMSTANCES WILL GRUMPER BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE.
  5. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
Limitation of Liability
1. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
  1. THAT UNDER NO CIRCUMSTANCES WILL GRUMPER, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
  2. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITHOUT THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
Indemnity

You irrevocably agree to indemnify and hold Grumper and the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, the Submitted Materials you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.
Equipment

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.
A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any PII from children under 13 years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at support@grumper.org Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
Severability

If any provision of these Terms of Use or the are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.
Waiver

Any delay or failure on the part of Grumper to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Site or these Terms of Use must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement; Modification and Termination
1. Grumper reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that Grumper shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
2. Grumper may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Grumper believes that you have:
  1. Breached these Terms of Use or otherwise acted inappropriately;
  2. Infringed the intellectual property right of a third party;
  3. Provided any information that Grumper is unable to verify or authenticate;
  4. Uploaded or transmitted unauthorized Submitted Materials to the Site; and/or
  5. Violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.
3. Grumper reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by Grumper. Any change or modification made by Grumper will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Grumper. You should therefore periodically visit this page to review the most recent Terms of Use.