The Garden Club of America Terms of Use

Garden Club of America Website Terms of Use: Welcome to the website of The Garden Club of America (GCA, we or us). Your use of this website and all content on it (the Site) is governed by these Terms of Use (Terms). Please read the Terms carefully. If you do not agree to comply with these Terms, you are not permitted to use the Site. These Terms apply to all websites owned and/or controlled by GCA but do not apply to other third-party websites that you may visit via hyperlinks on this Site, including the websites of GCA member clubs.  

We reserve the right to modify these Terms at any time, in which case the revised Terms will appear on the Site. If we do make material changes, we will post a notice on our home page of the changes. When you continue to use the Site after we post a change, it means you agree to the new Terms, as modified. Last updated: January 15, 2010   

Intellectual Property Rights: We have made this Site available only for the personal, educational, or other non-commercial use of our members and visitors. All artwork, photographs, graphics, audio clips, video clips, text, and any other materials posted on this Site (Site Content) are subject to copyrights and trademarks owned by the GCA or other individuals, organizations and entities.

You may access and view the Site Content only for personal, non-commercial purposes in compliance with these Terms. You may not use this Site or the Site Content in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. Unless authorized in these Terms or by the owner of the materials or to the extent your use of material on the Site does not constitute fair use for which you do not need our permission, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. Information about permission to reproduce or distribute Site Content can be obtained by e-mailing communications@gcamerica.org

The GCA does not endorse or recommend any commercial products, processes, or services.  The GCA's logo, trademark, service mark or name may not be used for advertising or endorsement purposes without our express, written consent.  

Notice of Copyright Infringement: If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the alleged violation to our designated copyright agent by sending written notice by U.S. Mail to  

The Garden Club of America
14 East 60th St, 3rd Floor
New York, NY 10022
Attn: DMCA Designated Agent, Jennifer Barnette, COO
communications@gcamerica.org

Please include the following information in your written notice:

(1) a detailed description of the copyrighted work allegedly infringed;
(2) a description of the location on the Site of the allegedly infringing material;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.  

Third-Party Content: Some Site Content has been made available to the GCA for publication on this Site by third-party individuals, organizations and entities. The views and opinions expressed in such third-party content do not necessarily state or reflect those of the GCA, and the GCA expressly disclaims any and all liability in connection with Site Content obtained from or provided by third parties.  

Registration and Passwords: Users with a member account have the exclusive right to access some features or areas of this Site. If you are one of those users, you are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify us immediately if you suspect any unauthorized use of your account. Although we will not be liable for any unauthorized use of your account, you may be liable for the losses of the GCA or others due to such unauthorized use.  

Disclaimer of Warranties and Limitation of Liability: ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GCA DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE AND THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE GCA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.     

IN NO EVENT SHALL THE GCA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, OR (5) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GCA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.     

YOU SPECIFICALLY ACKNOWLEDGE THAT THE GCA SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OF ANY SORT THAT HAS BEEN OBTAINED FROM OR PROVIDED BY ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS AND YOUR USE OF THIS SITE. 

Indemnity: You agree to defend, indemnify and hold harmless the GCA, its officers, directors, employees, agents and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (1) your use of and access to the Site; (2) your violation of any term of these Terms; or (3) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site. 

Termination: We reserve the right, at any time and without notice and for any reason, to suspend, cancel, or terminate (1) your right to use the Site (or any portion of the Site) or (2) the availability of the Site. 

Governing Law: These Terms and all disputes relating between you and the GCA are governed by the laws of the State of New York without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.     

This Website is intended for adults only.  We do not knowingly collect personal information from children under 13 years old.    

Contacting the GCA:  If you have any questions about these terms, contact: communications@gcamerica.org