Terms of use

WEBSITE TERMS OF USE

Welcome to the website of GanaLila.com.  The following terms and conditions (the “Terms of Use”) govern your use of GanaLila.com, and any content, products or services made available from or through GanaLila.com, including any subdomains thereof (collectively, “Site”).  This website is made available by GanaLila, LLC, a Delaware limited liability company (“GanaLila” or “we” or “us”).

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THIS SITE OR THE content, products SERVICES AVAILABLE THROUGH THIS SITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THIS SITE IMMEDIATELY AND DISCONTINUE ANY USE OF AND CONTENT, PRODUCTS OR SERVICES AVAILABLE AT THIS SITE.

 

1. Acceptance of Terms

 

These Terms of Use between you and GanaLila govern your access to the Site, and to the information and Services (defined below) available at the Site.  Your use of the Site or the information or Services available at the Site signifies your acceptance of these Terms of Use, and constitutes a legally binding agreement between you and GanaLila.  For purposes of these Terms of Use, “Services” means, collectively, the information, applications, software, games and other products and services provided by GanaLila or its third party service providers, including ad networks and analytics companies, through the Site.  Also, you are subject to any additional terms and conditions or user agreements posted in connection with particular information or Services (collectively, “Additional Terms”) available through this Site.  Terms of Use” shall be understood to include “Additional Terms.”  GanaLila may modify these Terms of Use at any time, and will post the modified Terms of Use on this Site.  Any modification is effective immediately upon posting.  Your continued use of the Site or the information or Services available at the Site, will be conclusively deemed to signify your acceptance of such modifications.

In the event that you elect to use any of the applications distributed by GanaLila, you will be subject to the terms and conditions set forth in the applicable End Use License Agreement related to such application as well as terms and conditions set forth in any and all related documentation, including documentation relating to any updates and upgrades that replace or supplement such application.  Your obligations pursuant to the agreements and documentation described in the foregoing sentence shall be in addition to, and not in lieu of, your obligations pursuant to these Terms of Use.

 

2. Proprietary Rights in Website

This Site contains copyrighted material, trademarks and other proprietary material belonging to GanaLila, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files and the Services (collectively, “Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws.  With the exception of your User Content, as between you and GanaLila, you should assume that everything you see or read and everything available on this Site is Proprietary Material owned by GanaLila and protected by these laws. 

 You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of GanaLila 's Rights and Permissions Manager at the notice address provided below. 

 All trademarks, service marks, trade names and trade dress, whether registered or unregistered, used by GanaLila on the Site or any Services (collectively the “Marks”) are proprietary to GanaLila or their respective owners. You shall not use, display or reproduce the Marks without the prior written consent of GanaLila, and you shall not remove or otherwise modify any trademark notices or logos, or other legal notices from any Proprietary Material.

 

3. User Content – Ownership and Use; Submission of Materials

 By submitting, uploading or transmitting any survey or poll responses, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose.  You hereby grant GanaLila an exclusive, perpetual, irrevocable, fully transferrable, royalty-free and sublicensable worldwide right and license to use, copy, reproduce, distribute, modify, edit, adapt, translate, create derivative works of, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, in any way and for any purpose, in any and all media now known or later developed without further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.  Further, you hereby grant GanaLila the right to publish your screen name in connection with your User Content.  You waive all rights to any claim against GanaLila for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.

 Unless specifically requested, we will not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by email or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will not be deemed to be confidential or secret, and may be used by us and our business associates in any manner.  By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) grant us and our affiliates and business associates an exclusive, perpetual, irrevocable, fully transferrable, royalty-free and sublicensable worldwide right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including, without limitation, for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

 

4. Restrictions on Use

 The Site is provided solely as a convenience to you.  You agree that you will not:

 

a. access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way;

 

b. submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar User Content with the intent to interrupt, limit or otherwise impact the performance of the Site or otherwise exceed GanaLila’s bandwidth capacity limits;

 

c. submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;

 

d. forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Site;

 

e. use the Site or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;

 

f. publish, post, display or disseminate any User Content that is, or offer, sell, broker, purchase or seek any products or services that are, profane, obscene, pornographic, indecent, unlawful, threatening, or that promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable;

 

g. collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless expressly authorized by such other users to do so;

 

h. upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment;

 

i. restrict or prevent any other user of the Site from using the Site and/or the Services; or

 

j. violate any applicable state, national or international law or regulation.

 

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of GanaLila.  Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site.  You further agree that, except as permitted for user posts and polls on certain designated areas of the Site, you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. 

 

We cannot and do not assure that the other users of the Site are or will be complying with the foregoing rules of conduct outlined in this Section 4, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

5. Material Posted by Third Parties

GanaLila does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by third parties.  You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk.  GanaLila will have no responsibility for the conduct, on-line or off-line, of any user of this Site and no obligation to monitor use of the Site.  However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you.  If you believe any User Content is offensive, defamatory, inaccurate, or otherwise objectionable, you may contact us by sending notice at the address provided below along with sufficient detail as to your concerns; provided that, your notice or any review by GanaLila shall not be construed as an admission by GanaLila that such User Content is offensive, defamatory, inaccurate, or otherwise objectionable and any decision by GanaLilia to review, remove, delete, redact or otherwise modify such User Content shall be in our sole discretion and without any notice or other obligation to you or any third party.  GanaLila reserves the right to disclose, at any time, any User Content that GanaLila deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or government request.

6. Copyright Infringement

 We expect users of this Site to respect the intellectual property rights of others.  We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.  If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify us through the notice procedure set forth in Section 18, and provide the following information: 

 

a. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

 

               b. Identification of the copyrighted work or works claimed to have been infringed;

 

c. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;

 

                d. Your name, mailing address, telephone number and email address;

 

e. A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and

 

f. A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

 

7. Links to Third Party Websites

 This Site may contain links to websites developed, administered and operated by people or companies not affiliated with GanaLila.  Such links are provided solely as a convenience to you.  GanaLila does not control such websites and is not responsible for the content, products or services offered through such websites.  GanaLila’s inclusion of links to websites operated by others does not imply sponsorship, affiliation or endorsement of such websites, or the content, products or services offered through such websites, or of any company or person.  If you link to another website, you do so at your own risk, and you will be subject to the terms of use and the privacy policy of such website.

 

 8. Access and Use

 GanaLila does not guarantee that this Site or the Services are accessible on all devices or wireless service plans, or in all geographic locations.  You acknowledge that when you use this Site or the Services from a mobile device, your wireless carrier may charge you fees for data, messaging and/or other wireless access.  YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS SITE OR THE SERVICES FROM A MOBILE DEVICE.

 You agree that GanaLila, in its sole discretion and without notice or other obligation to you, may terminate, change, suspend or discontinue any aspect of the Site or the Services at any time and that we may suspend or terminate your access to and use of this Site if we believe that you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. 

 9. Children; Access Outside of the United States

You represent that you are of legal age to form a binding contract with GanaLila and are not barred from using this Site by the laws of the United States or the country in which you reside.  Notwithstanding the foregoing, GanaLila will not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register on the Site or use the Services.  If you are under 13, please do not attempt to access this Site or use the Services or send any information about yourself to GanaLila, including your name, address, telephone number or email address.  No one under the age of 13 may provide any personal information.  In the event that GanaLila learns that it has collected personal information from a child under the age 13, GanaLila will delete that information as quickly as possible.  If you believe that GanaLila might have collected any information from or about a child under the age of 13, please contact us.

 GanaLila is organized in the State of Delaware, in the United States of America with principal offices in the Commonwealth of Pennsylvania, in the United States of America.  GanaLila makes no claims that the Site or any of its content are appropriate or may be downloaded or accessed outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 10. Interactions With Others

You are solely responsible for your interactions, both on-line and off-line, with other visitors to the Site, and with persons you meet through such visitors.  You understand and acknowledge that we do not screen visitors, inquire into their backgrounds or attempt to verify the information they provide.  In all interactions, whether on-line or off-line, with other visitors to this Site and with persons you meet through such visitors, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information.  IN NO EVENT SHALL GANALILA BE LIABLE FOR AND YOU AGREE TO RELEASE GANALILA FROM ALL LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS OF THIS SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS.  

 11. Privacy Policy

 For information on our data and information collection and use practices, please read our Privacy Policy located at www.ganalila.com.  You acknowledge and understand that GanaLila’s use of the data we collect and your personally identifiable information will be in accordance with the Privacy Policy.

 

12. Modifications to Website

GanaLila may, directly or indirectly, make improvements or changes in the Site or any portion thereof at any time without notice or obligation to you.  GanaLila may modify or discontinue any Services or other content offered on the Site at any time, without notice or obligation to you.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND THE SERVICES AVAILABLE AT THE SITE ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.  THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.  GANALILA, ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS AND LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE CUSTOM.  GANALILA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE AND THE SERVICES AVAILABLE AT THE SITE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SITE; THAT ANY ERRORS ON THE SITE WILL BE CORRECTED; OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE. NO ORAL OR WRITTEN ADVICE PROVIDED BY GANALILA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.  WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A GANALILA AUTHORIZED REPRESENTATIVE WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY AS SUCH.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GANALILA BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE, THE SITE OR THE SERVICES AVAILABLE ON THE SITE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT GANALILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT SHALL GANALILA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE USE OF THE SITE AND THE SERVICES AVAILABLE ON THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT THE PROVISIONS IN THIS LICENSE THAT LIMIT LIABILITY (INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14) ARE ESSENTIAL TERMS OF THIS LICENSE.

 

15. Indemnification

 You agree, at your expense, to indemnify, defend and hold harmless GanaLila and its officers, members, managers, employees, agents, suppliers, licensors and representatives from and against all claims, losses, expenses, damages and costs (collectively, "Damages"), including reasonable attorneys' fees, arising out of your use of this Site, including, but not limited to, the unauthorized use of your id or password, if any, material (including, without limitation, the User Content) you access, download, submit, post, transmit or make available through this Site, your violation of these Terms of Use, any business or other transaction between you and another visitor of this Site and your violation of any rights of a third party.  In connection with any such claim, GanaLila reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GanaLila’s defense of such claim.

 

16. Dispute Resolution

GanaLila will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, its content, the Services, the Marks or the Proprietary Material.  GanaLila also reserves the right to bring claims and seek damages relating to intellectual property infringement in any court of competent jurisdiction.  YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In the event that you have a dispute with one or more users of the Site, you hereby irrevocably release GanaLila and its members, managers, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct, indirect, consequential or otherwise, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

17.  Governing Law

 The laws of the State of Delaware, excluding its conflicts of law rules, govern this License and/or your use of the Site and the Services available at the Site, and you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Site and the Services available at the Site shall be the Delaware courts, and you expressly consent to the exercise of personal jurisdiction of such courts.

 

18.  Notice

 

Any notices shall be given by email to support@ganalila.com, in the case of GanaLila, or to the email address you provide to GanaLila.  Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable.  Such emails shall satisfy any legal requirement that communications be made in writing.

 

19.  Miscellaneous

 

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and GanaLila as a result of these Terms of Use, or your use of the Site, its content or the Services.  These Terms of Use, the Additional Terms and our Privacy Policy constitute the entire agreement between you and GanaLila with respect to the Site, its content and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GanaLila with respect to the Site, its content and the Services.  In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing, the Additional Terms shall control with respect to their subject matter.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Last Updated January 28, 2012