art, science and business of aquascaping

Terms of Service

Introduction

These terms and conditions between you and Penntures, LLC, a Florida limited liability company, govern your use of ScapeCrunch.com (“Website”), the ScapeCrunch email newsletter (“Newsletter”). The Website and Newsletter are referred to jointly as “ScapeCrunch Media”; by using the ScapeCrunch Media, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the ScapeCrunch Media.

Eligibility

You may use the ScapeCrunch Media only if you can form a binding contract with Pentures, LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the ScapeCrunch Media by anyone under 18 is strictly prohibited and in violation of this Agreement. The ScapeCrunch Media is not available to any Users previously removed by Pentures, LLC.

License to use ScapeCrunch Media

Unless otherwise stated, Penntures, LLC owns the intellectual property rights in the ScapeCrunch Media and material in the ScapeCrunch Media. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the ScapeCrunch Media for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

    • sell, rent or sub-license material from the ScapeCrunch Media;

    • reproduce, duplicate, copy, or otherwise exploit material on this ScapeCrunch Media for a commercial purpose;

    • republish material from the ScapeCrunch Media (including republication on another website or app);

    • show any material from the ScapeCrunch Media in public;

    • edit or otherwise modify any material in the ScapeCrunch Media; or redistribute material from the ScapeCrunch Media without permission from Penntures, LLC; or

    • use a group inbox to subscribe to the Newsletter.

Violation of any of these restrictions (or any other of the Terms of Service) may subject you to liability for violation of Penntures, LLC’s intellectual property rights and further claims and damages.

Acceptable Use

You must not use the ScapeCrunch Media in any way that causes, or may cause, damage to the Penntures, LLC, ScapeCrunch Media, any contract partners, or impairment of the availability or accessibility of the ScapeCrunch Media; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the ScapeCrunch Media.

You must not use the ScapeCrunch Media for any purposes related to marketing without Penntures, LLC’s express written consent.

Restricted access

Access to certain areas of the Website is restricted. Penntures, LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Penntures, LLC’s discretion.

If Penntures, LLC provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

If Penntures, LLC provides you with an RSS feed that includes restricted content, you may not share that feed or use it in any application other than an RSS feed reader. Penntures, LLC may disable your RSS access at any time at its sole discretion without notice or explanation.

Penntures, LLC may disable your user ID and password in Penntures, LLC’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Penntures, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Penntures, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Penntures, LLC, any contract partners, or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Penntures, LLC reserves the right to edit or remove any material submitted to this website, or stored on Penntures, LLC’s servers, or hosted or published upon this website.

Notwithstanding Penntures, LLC’s rights under these terms and conditions in relation to user content, Penntures, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

By posting any user content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Penntures, LLC a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, Newsletter, and any other product now existing or later developed by Penntures, LLC (and its successors’, affiliates’, and contract partners) including without limitation for promoting and redistributing part or all of the ScapeCrunch Media (and derivative works thereof) in any media formats and through any media channels.

To Other Users: You also hereby grant each user of the ScapeCrunch Media a non-exclusive license to access your user content.

No Warranties

NOTHING IN THE NEWSLETTER, WEBSITE, PODCAST AND/OR THE SCAPECRUNCH MEDIA, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT PENNTURES, LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE SCAPECRUNCH MEDIA. PENNTURES, LLC IS NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PENNTURES, LLC, ITS CONTRACT PARTNERS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SCAPECRUNCH MEDIA WILL MEET YOUR REQUIREMENTS; THAT THE SCAPECRUNCH MEDIA WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SCAPECRUNCH MEDIA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SCAPECRUNCH MEDIA IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SCAPECRUNCH MEDIA.

PENNTURES, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY CONTRACT PARTNERS OR ANY THIRD PARTY THROUGH THE SCAPECRUNCH MEDIA OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PENNTURES, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND CONTRACT PARTNERS OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENNTURES LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONTRACT PARTNERS, SUPPLIERS OR LICENSORS (“LIMITED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLEETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE SCAPECRUNCH MEDIA. UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE SCAPECRUNCH MEDIA. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE SCAPECRUNCH MEDIA; (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 THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ScapeCrunch LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACT PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PENNTURES, LLC HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIMITED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The ScapeCrunch Media is controlled and operated from the United States. Penntures, LLC and its contract partners make no representation that the ScapeCrunch Media is appropriate or available for use in other locations. Those who access or use the ScapeCrunch Media from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Reasonableness

By using the ScapeCrunch Media, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website or the ScapeCrunch Media.

Other parties

You accept that, as a limited liability entity, ScapeCrunch LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Penntures, LLC’s members, managers, officers, Contract Partners, or employees in respect of any losses you suffer in connection with the ScapeCrunch Media.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Penntures, LLC’s members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors as well as Penntures, LLC.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Penntures, LLC along with its members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors (“Indemnified Parties”) and undertake to indemnify and hold harmless the Indemnified Parties against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Penntures, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Penntures, LLC may take such action as Penntures, LLC deems appropriate to deal with the breach, including suspending your access to the ScapeCrunch Media, prohibiting you from accessing the ScapeCrunch Media, blocking computers using your IP address from accessing the ScapeCrunch Media, contacting your internet service provider to request that they block your access to the ScapeCrunch Media and bringing legal proceedings against you.

Variation

Penntures, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the ScapeCrunch Media from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Penntures, LLC may transfer, sub-contract or otherwise deal with Penntures, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third-Party Links

The ScapeCrunch Media may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Penntures, LLC. Penntures, LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the ScapeCrunch Media, you do so at your own risk, and you understand that this Agreement and Penntures, LLC’s Privacy Policy do not apply to your use of such sites. You expressly relieve Penntures, LLC from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Penntures, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Entire agreement

These terms and conditions constitute the entire agreement between you and Penntures, LLC in relation to your use of the ScapeCrunch Media, and supersede all previous agreements in respect of your use of the ScapeCrunch Media.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Florida, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Florida.

Tracking Data

This ScapeCrunch Media uses tracking tools and cookies. By using this ScapeCrunch Media and agreeing to these terms and conditions, you consent to our Penntures, LLC’s use of cookies in accordance with the terms of ScapeCrunch LLC’s privacy policy.

California Consumer Rights Notice

California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:

If you have a question or complaint about Penntures, LLC, our products, or our Site, please contact us via e-mail at admin@scapecrunch.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

Updated May 7, 2020

art, science and business of aquascaping

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