Terms and Conditions


 

Thank you for your interest in our products and services. Our products and services are provided by Wild Ginger Softare, Inc. (“Wild Ginger”), located at 1055 Wildlife Trail, Kingston Springs, TN, 37082 United States of America


AGREEMENT BETWEEN YOU AND Wild Ginger


Wild Ginger web sites, products and services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Wild Ginger web site, products, and services constitutes your agreement to all such terms, conditions, and notices.


TERMS AND CONDITIONS


You may not use this website or any of our products or services for any unlawful purpose or any purpose prohibited by these terms and conditions, and our End User License Agreements.


You may not use Wild Ginger products and services in any manner which could damage, disable, overburden, or impair our website or other products and services or interfere with any other person's use of our products and services.


You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through expressly by Wild Ginger.


Use of this website, our products, and services does not give you ownership of any intellectual property rights in the content you access. These terms do not grant you the right to use any trademarks, branding or logos.


You must not remove, obscure, or alter any copyright, trademark or other legal notices displayed in or along with our products and services.


We reserve the right to add or remove functionalities or features, and we may suspend or stop a product or service altogether and without prior notice.


We reserve the right to stop providing products or services to you, or add or create new limits to our products and services at any time.


Wild Ginger reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.


CONTENT SUBMITTED TO WILD GINGER


Our website, community forums, blogs, wiki and other products and services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.


When you submit content to our services, you are granting Wild Ginger permission to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content.


The rights you grant for your content are for the limited purpose of operating, promoting, and improving our products and services, and to develop new ones. This license continues even if you stop using our products and services.


You may request to have content removed and we will make every effort to comply with your request but we do not guarantee that all content will or can be removed.


Please be certain that you have the necessary rights to grant us this license for any content that you submit to Wild Ginger.


No compensation will be paid with respect to the use of your content, as provided herein. Wild Ginger is under no obligation to post or use any content you may submit and may remove any content at any time in Wild Ginger's sole discretion.


WARRANTIES AND DISCLAIMERS


OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, Wild Ginger DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT OUR PRODUCTS AND SERVICES.


WE DO NOT MAKE ANY PROMISES REGARDING OUR PRODUCTS AND SERVICES, THEIR RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR ABILITY TO MEET YOUR NEEDS.


ALL Wild Ginger PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.


WE MAKE NO GUARANTEES THAT PATTERNS GENERATED BY ANY OF OUR SOFTWARE PROGRAMS WILL PROVIDE “PERFECT FIT.”


WE MAKE NO PROMISES REGARDING YOUR ABILITY TO INSTALL OUR SOFTWARE ONTO YOUR COMPUTER.


SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.


LIABILITY DISCLAIMER


WHEN PERMITTED BY LAW, Wild Ginger WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Wild Ginger, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PRODUCTS OR SERVICES.


IN ALL CASES, Wild Ginger WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.


IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OUR WEB SITES, FORUMS, WIKI, BLOGS, OR OTHER SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THESE PRODUCTS AND SERVICES.


Wild Ginger Software, Inc. IS NOT LIABLE FOR ANY CLAIMS OR MISREPRESENTATIONS MADE BY THIRD PARTIES NOT AFFILIATED WITH Wild Ginger Software, Inc. REGARDING ANY OF OUR PRODUCTS OR SERVICES.


LINKS TO THIRD PARTY SITES


Our website, products, services, forums, Wiki, and blog may contain links to other web sites. These sites are not under the control of Wild Ginger and Wild Ginger is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Wild Ginger is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wild Ginger of the site or any association with its operators.


MODIFICATION OF TERMS AND CONDITIONS


Wild Ginger reserves the right to change the terms, conditions, and notices under which this web site and our products and services are offered.


If you do not agree to the modified terms for a product or service, you should discontinue your use of that product or service.


These terms control the relationship between Wild Ginger and you. They do not create any third party beneficiary rights.


If you do not comply with these terms, and we elect not to take action right away, this does not mean that we are forfeiting any rights we may have.


JURISDICTION


The laws of the state of Tennessee, U.S.A., excluding Tennessee’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms. All claims arising out of or relating to these terms will be litigated exclusively in the federal or state courts of Tennessee USA, and you and Wild Ginger consent to personal jurisdiction in those courts.