Throughout this document, the words "GROUNDEAD," "STAY GROUNDEAD," "STAYGROUNDEAD," "us," "we," and "our," refer to us, Groundead, our website, STAYGROUNDEAD.com , or our services, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
By registering for our website as a member, you are agreeing to receive regular newsletters and marketing related emails from GROUNDEAD. Should you wish to be removed from our email list, you can unsubscribe or terminate your account at any time.
GROUNDEAD is an online fashion magazine and multi-media house that promotes underground streetwear and contemporary fashion.
When using the Groundead website to place an order, you will provide your name, email address, mailing address, date of birth, payment information and telephone number.
In addition to providing us with the above information about yourself, you must be eighteen years of age or older, or, if a higher minimum age of contractual capacity exists in your jurisdiction, you must be at least that age. Additionally, you are not considered to be under a disability to enter into a contract with us, whether it be because of an embargo in or against your jurisdiction or any other reason.
Editors typically include images as part of their blog posts and the images that they are authorized to use includes the following:
Images that we believe to be covered by the Fair Use Doctrine, such as:
If the Groundead website receives any notice that an image is posted inappropriately, such as not keeping in line with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
We have the right, but not the obligation, to monitor or review all materials posted by any users on the Groundead website, including on the GROUNDEAD.com Forum or within our editorial comments. We reserve the right to edit, refuse to post or to remove any information or materials that we believe is objectionable or violates this Agreement, the Terms & Conditions, or applicable laws or regulations. We may remove any review or comment at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such review or comment), or for no reason at all, with or without notice.
We may also impose limits on certain features, restricting your access to part or the entire website if it is believed that you may be in breach of these Terms & Conditions, any applicable laws/regulations and/or for any other reason without notice or liability to us. Furthermore, it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.
The maximum number of entries per person allowed during a contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in such contest. GROUNDEAD is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating in a contest, all entrants agree to abide by these official contest rules.
The winner(s) of a contest will be selected by our personnel based on the creativity of the answer(s) provided (and any other criteria deemed appropriate by GROUNDEAD). Winner(s) will not be selected at random from the qualifying entries. Winner(s) must contact the person detailed in the email for confirmation and their full name will appear on the relevant Groundead website. In the event that the selected winner(s) does not respond within three days, another entrant will be selected in replacement. Please note that GROUNDEAD is not responsible for the payment of any customs or duties that may be incurred by contest winner(s).
In consideration for your participation in a contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge GROUNDEAD, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in a contest is not to be construed as an admission of any liability and acceptance of assumption of responsibility by GROUNDEAD, its officers, board and employees, jointly and severally, for all damages and expenses for which GROUNDEAD, its officers, board and employees, become liable as a result of any alleged act of the contest participant.
Prizes are non-transferable and cannot be exchanged for cash.
GROUNDEAD reserves the right to offer an alternative prize if any prize is not available or under special situation.
You do not have to register in order to visit the Groundead website. To have access to certain features of the Groundead website, though, including our GROUNDEAD.com Forum, its private messaging service and our blog comments section, users will need to create a GROUNDEAD account.
You must be at least eighteen years of age to take part in our online community.
At any time without notice, we may, at our discretion, suspend your access to GROUNDEAD, terminate your GROUNDEAD account or remove your user content from any part of our website.
The GROUNDEAD Forum is a public place intended for entertainment, learning, and interacting with like-minded individuals. We are not responsible for any decisions you make based on something you read on the GROUNDEAD Forum.
When you post any comments or other material on our websites, in our Forum, our comments sections or elsewhere, you agree to the following:
We do not expressly or implicitly endorse any user content submitted by users to the GROUNDEAD community. We take no responsibility for the content or share any views or statements expressed by any users on the Groundead website, the GROUNDEAD Forum or within our editorial comments.
You are solely responsible for your own user content and the consequences of submitting your user content to the Groundead website. We do not guarantee any confidentiality regarding the user content you submit.
By submitting user content, you hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content, including without limitation for promoting and redistributing part or all of your user content in any media formats and through any media channels now or hereafter known. You also hereby grant each user of the website a non-exclusive license to access your user content through the website.
In addition to the requirements of our Online Community Policy above, as a part of using the Groundead website, you must not:
We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.
As we are located in the United States, we have certain defenses available to us for liability for defamation posted on our website by third parties, such as in our forums or on our blog.
Our Online Community Policy (described above) prohibits defamation from being published on our website. In order to complain about defamatory material on our website, please notify us with full details of where the defamation is located on our website (provide us with the URL), your name, and an explanation of how the material is defamatory. We will respond within a reasonable timeframe and, if it appears that there are grounds to believe the material is defamatory, we will remove it. You may send your request to email@example.com
Where GROUNDEAD has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
Those who choose to access the Groundead website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify, defend, and hold harmless GROUNDEAD and our affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) that: (i) arise from your activities on the website; (ii) assert a violation by you of any term of these Terms & Conditions; (iii) assert that any user content you submitted to the website violates any law or infringes any third party right, including any intellectual property or privacy rights; or (iv) any breach of our General Rules of Conduct or our Online Community Policy as detailed above. This defense and indemnification obligation will survive these Terms & Conditions and your use of the website.
We provide this website on an “as is” and “as available” basis. You therefore use the website at your own risk. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, we make no representation or warranties (i) that the website will be permitted in your jurisdiction; (ii) that the website will be uninterrupted or error-free; (iii) concerning any third party’s use of user content that you submit; or (iv) concerning any user content submitted by any other user.
TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT ACTIVELY SCREEN BLOG COMMENTS AND FORUM POSTS BEFORE THEY ARE UPLOADED TO OUR WEBSITE BY THIRD PARTIES AND, WHETHER OR NOT WE WOULD OTHERWISE NORMALLY BE HELD LIABLE FOR SUCH WORDS UNDER THE LAWS OF HONG KONG OR ANY OTHER JURISDICTION, WE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE IS OFFERED BY US FROM OUR FACILITIES IN HONG KONG. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.
If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of GROUNDEAD by sending an email to firstname.lastname@example.org
Last Updated Date: March 15, 2019