TERMS OF USAGE
last revision: JULY 2022
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY Gaiaberry PLATFORM.
You are reading these Terms because you are using a Gaiaberry website, digital experience, social media platform, or one of our other products or services, all of which are part of Gaiaberry’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and Gaiaberry and its affiliates (which we may refer to as “Gaiaberry,” “we,” “us,” or “our”) regarding your use of the Platform.
Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale conditions that apply in your country or region.
Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.
1. BASIC RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
Rules for Registration. When you register for an account with us, the following rules apply:
Be True: Provide accurate and current registration information.
Be You: Keep your registration personal. Do not register for more than one Gaiaberry account, register a Gaiaberry account on behalf of someone else, or transfer your account.
Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
Be Responsible: Inform Gaiaberry immediately of any unauthorized use of your Gaiaberry account. You are responsible for anything that happens through your Gaiaberry account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Gaiaberry IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by Gaiaberry or others we license Content from, and is protected by copyright, trademark, patent and other laws. Gaiaberry reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (e.g., the Gaiaberry name) are owned, registered and/or licensed by Gaiaberry. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent Gaiaberry approves the download or use of Content comprised of copyrights or copyrightable works, Gaiaberry grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Gaiaberry makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Gaiaberry reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Gaiaberry reserves the right to take down any Content in violation of these terms or Gaiaberry’s intellectual property rights. Gaiaberry allowing you this limited use does not constitute a waiver of any of Gaiaberry’s rights to the Content.
Outside of the specific usage rights granted to you by Gaiaberry in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Gaiaberry’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” Gaiaberry is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Gaiaberry as described below:
You represent that you have the right to post your User Content, and you grant Gaiaberry a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Gaiaberry may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may persist in Gaiaberry’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Gaiaberry a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
Be Original. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
Be Safe.
Do not do anything that may expose Gaiaberry or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s.
Be Personal.
Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Gaiaberry has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
Be Yourself. Do not impersonate any person or organization, including Gaiaberry employees.
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. Gaiaberry may terminate the accounts of Platform users found to infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send copyright infringement complaints to:
6. PARTNERS ON THE PLATFORM
From time to time, Gaiaberry may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean Gaiaberry endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Gaiaberry is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
7. IMPORTANT DISCLAIMERS
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Gaiaberry IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.
USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.
The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Gaiaberry IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
Gaiaberry does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, Gaiaberry disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
8. TERMINATION
Gaiaberry may terminate or modify any Gaiaberry Platform, member program, product or service at any time without notice.
Gaiaberry may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Gaiaberry, subject to applicable law.
You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want to offer you ease of use on our Platform, but Gaiaberry must also protect itself from any damages you may cause.
Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Gaiaberry, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Gaiaberry Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Gaiaberry Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you.
NONE OF THE Gaiaberry PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A Gaiaberry EVENT OR Gaiaberry PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF Gaiaberry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST Gaiaberry IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM.
10. APP MARKETPLACES: You acknowledge that this agreement is between you and Gaiaberry only, and not with the app marketplace where you downloaded a Gaiaberry app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL TERMS
You agree that this Platform is a passive platform solely based in Johannesburg, South Africa, which does not give rise to personal jurisdiction over Gaiaberry in jurisdictions other than South Africa.
You agree that the Platform, Terms, Privacy Policy and any dispute between you and Gaiaberry shall be governed in all respects by South African law.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Gaiaberry products) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in Johannesburg, South Africa.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state courts of Johannesburg, South Africa.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
Electronic Communications
By using the Platform, you agree to receive certain electronic communications from Gaiaberry, subject to applicable law.
You agree that any notice, agreement, disclosure or other communication that Gaiaberry sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
Gaiaberry may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.