If you do not comply with this Agreement at any time, We reserve the right to terminate your access to the website (or any part thereof) and/or your registered account.
Grant of Right to Use the Site
Materials Property of MoiraGardener.com and sited writers and photographers.
All content on the Website, including, but not limited to text, graphics, pictures, designs, information, applications, software, audio or video files and their presentation on the Website are the proprietary property of MoiraGardener.com or its Authors unless otherwise specified. None of this content may be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or posted in any form, or by any means without the express consent of MoiraGardener.com and the Author and/or photographers who created the content.
MoiraGardener.com further reserves all rights in its trade name “MoiraGardener.com”, trademarks, service marks and logo’s and the name, marks, and logo may not be reprinted, distributed or displayed without MoiraGaradener.com express written permission.
Disclaimer/Limitation of Liability
You agree to use this Website at your own risk, and all materials on the Website are provided “as is” and MoiraGardener.com makes no representations or warranties, either expressed or implied with regards to the Website, the Website content, the merchantability and fitness of use of the website for a particular purpose.
All data and information provided at www.moiragardener.com is for informational purposes only. Moira Gardener makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
The opinions expressed by the authors and those providing comments are theirs alone, and do not necessarily reflect the opinions of Moira Gardener or Moira Gardener staff. Conversely, the opinions expressed by Moira Gardener staff and those providing comments are also theirs alone, and do not necessarily reflect the opinions of our Authors.
None of Moira Gardener directors, officers, employees, agents or representatives shall be liable for any damages arising out of, or in the connection with the use of the Website.
Responsibility for Your Postings and Grant of Right to Moira Gardener
You are responsible for any content (including, but not limited to text, photos and video) that you upload and post on the Website. You may only upload and post content which you create or content in which you have all of the necessary rights to post and hereby warrant that all of your postings fulfill these requirements. You additionally warrant that you shall not post content which defames, abuses, harasses, threatens, or violates the rights of others; or post content which is infringing, profane, defamatory, obscene, indecent, fraudulent, harmful or unlawful. As such you agree to defend, indemnify and hold Moira Gardener and each of our directors, officers, employees, contractors and agents, harmless from and against any claims, loss, damages, demands, costs and expenses arising out of or in connection with any of your postings.
By uploading and posting content on the Website, you hereby grant Moira Gardener a non-exclusive, perpetual and fully paid-up right to use, modify, edit, copy, reproduce, publicly display and perform, translate, communicate and distribute your content in any form and/or by any media. You retain all applicable ownership and copyright in the content of your posting, but you hereby waive, in favour of Moira Gardener, any moral rights in this content in connection with your granted right to Moira Gardener.
It is understood and accepted that Moira Gardener has no obligation to publicly display any content that you upload and desire to post on the Website.
Responsibility for Your Links to Third Party Websites
You warrant and agree not to upload and post a link to a third party website which contains any content which is infringing, profane, defamatory, obscene, indecent, fraudulent, unlawful, or may expose Moira Gardener or any of its users to any damage or harm. As such you agree to defend, indemnify and hold Moira Gardener and each of our directors, officers, employees, contractors and agents, harmless from and against any claims, loss, damages, demands, costs and expenses arising out of or in connection with any links that you have uploaded and posted on the Website.
Termination of Access to Website and User Account
If you do not comply with these Terms at Use at any time, Moira Gardener reserves the right to terminate your access to the Website and/or your registered subscriber account. You agree that such termination may be effected without prior notice.
Privacy of Your Personal Information
Moira Gardener operates and controls this Website from British Columbia, Canada. This Website can be accessed by all provinces and territories of Canada, all states and territories of the United States of America and all other countries around the world. Although each of these territories have laws that may differ from the Province of British Columbia, Canada, you agree by accessing this Website that all matters relating to the access and use of the Website shall be governed by the laws of the province of British Columbia and the federal laws of Canada. You therefore agree to the applicable courts of British Columbia and Canada having legal jurisdiction. You also agree that you are fully responsible for complying with all of your local laws.
Severability of Terms
Non-Waiver of Rights