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terms of use

 I. INTRODUCTION
Welcome to the Grumpy Bert Website (the “Site”). The following are Terms and Conditions of Use (“Terms of Use”) of the Site. Please review the Terms of Use carefully before using the any of the services Grumpy Bert offers. Grumpy Bert may set additional terms and conditions elsewhere on the Site. Such terms and conditions are incorporated by reference here. In case of any inconsistency or conflict between these terms and conditions and any other terms located elsewhere on the Site or in other materials, the Terms of Use provided here are controlling and shall be applied. In addition, Grumpy Bert may change the Terms of Use without notice. The most current version of the Terms of Use will always be posted here. Use of the Services and the Site is governed by the Terms of Use in effect at the time of use.

II. AGREEMENT TO ABIDE BY THE TERMS OF USE
BY CONTINUING TO ACCESS OR USE THE SITE OR OTHERWISE MAKING USE OF THE SERVICES, YOU, ANYONE YOU ARE ACTING AS AN AGENT FOR, OR ANY ENTITY YOU ARE REPRESENTING IN CONNECTION WITH THE SERVICES (“YOU” or “USER”) AGREE TO BE UNCONDITIONALLY BOUND TO THE TERMS OF USE. IF THE USER DOES NOT UNCONDITIONALLY AGREE TO THE TERMS OF USE, DO NOT CONTINUE TO USE THE SITE OR OTHERWISE MAKE USE OF THE SERVICES.

In addition, in order to comply with the Children’s Online Privacy Act, IF THE USER IS UNDER THE AGE OF THIRTEEN YEARS OLD, PLEASE DO NOT MAKE USE OF ANY OF THE SERVICES. Consult your parents or legal guardian regarding appropriate use of the Internet. If you, your parent, or your guardian has any questions or concerns, please feel free to contact Grumpy Bert at bert@grumpybert.com.

III. TERMS OF USE FOR USE OF GRUMPY BERT WEBSITE
THE FOLLOWING ARE THE TERMS OF USE FOR USING THE SITE (“TERMS OF USE”) CONTINUED USE OF THIS WEBSITE OR ITS SERVICES SHALL CONSTITUTE UNCONDITIONAL ASSENT TO ABIDE BY THE TERMS OF USE, INCLUDING GRUMPY BERT’S PRIVACY POLICY PUBLISHED AT THIS LINK http://www.grumpybert.com/pages/privacy. IF YOU DO NOT AGREE TO UNCONDITIONALLY ABIDE BY THE TERMS OF USE, PLEASE DO NOT CONTINUE TO USE THE SITE.

1. ACCESS TO GRUMPY BERT WEBSITE/GRANT OF LIMITED LICENSE
Subject to these Terms of Use, the User is granted a limited license to the User to use the Site and the Services. Either Grumpy Bert or the User may terminate the User’s license at any time. Termination of the User’s license ends the User’s limited license to use the Site or the Services. If the User’s license is terminated by either the User or by Grumpy Bert, the User agrees to cease use of the Site and the Services immediately.
The User agrees to comply with all of the Terms of Use, to not copy or distribute any portion of the Site without Grumpy Bert’s express written consent, and to not alter or modify the Site other than what was reasonably contemplated to access the Services as intended. The User understands that failure to comply with all of the Terms of Use will result in termination of the User’s license and the revocation of any right to receive Services from Grumpy Bert.

2. REGISTRATION
In order to use the Site or the Services, the User may be required to create an account with Grumpy Bert and provide a unique User Identification Name (User ID). In creating an account, the User must provide accurate and current information. Furthermore, the User may not select a User ID with the intent to impersonate another person or entity and may not select a User ID that infringes on intellectual property or other rights of another person or entity. The User may not access another’s account or account information without permission. The User is solely responsible for any activity that may occur on its account and may be liable to Grumpy Bert or others for unauthorized use. Failure to comply with these terms may result in the cancellation of the User’s account and/or the cancellation of Services.

3. APPROPRIATE USAGE
The User agrees not to use any device, spider, robot, automatic software or device, or other device or process to access the Site in a manner that sends more requests to Grumpy Bert servers that a person can reasonably perform using a conventional Internet web browser during a fixed period of time.

The User agrees and warrants that it will not use the Site or the Services to infringe the intellectual property, property, or privacy rights of others, to violate the law, or to distribute materials that the User knows or should reasonably know are abusive, harassing, tortious, obscene, libelous, or otherwise objectionable under the law, including obtaining the User ID or other account information from other Users.. The User further agrees and warrants that it will not use the Site or the Services to solicit private information from others or to create or disseminate malicious programs or files, such as bugs or computer viruses, to others.

The User agrees not to contact other Users for commercial purposes regarding any content submitted by any User to Grumpy Bert.

The User agrees not to disable, modify, circumvent, or otherwise tamper with, any feature or function of the Site including, but not limited to, features or functions associated with protecting the privacy of Grumpy Bert’s or any other Users’ information, restricting unauthorized use of any content or any User’s submissions on the Site, or providing any of the Services.

The User is solely responsible for content that it creates and/or distributes while using the Site or the Services. Grumpy Bert is not responsible for any content posted, distributed, or created using the Site or the Services, nor is it responsible for any content accessed for use in connection with the Site or the Services. The User assumes all risk of accessing such content.

4. TECHNICAL SUPPORT
The User is not entitled to any support, upgrades, or patches (Support) for the Site or the Services. Grumpy Bert may make Support available to the User at its sole discretion. If so, such Support shall be incorporated into the Site or the Services and therefore subject to these Terms of Use. The Terms of Use apply to all versions of the Site or the Services. The User understands that the Site communicates with Grumpy Bert’s servers via the Internet in order to provide Services and Support. The User agrees to such communication which may include User ID or other account information.

5. THIRD PARTY SOFTWARE
The Site or the Services may incorporate additional software from a third party with additional terms and conditions of use. Grumpy Bert is not responsible for any third party software.

Grumpy Bert does not secure financial transactions, such as purchases and credit card transactions. These transactions are provided through a third party under contract with Grumpy Bert and such transactions are governed by the third party’s privacy policy and terms and conditions. Grumpy Bert’s Privacy Policy is posted on its website at this link http://www.grumpybert.com/pages/privacy and the User acknowledges the acceptance of the Privacy Policy in agreeing to the Terms of Use.

6. LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites that are not owned or controlled by Grumpy Bert. Grumpy Bert has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The User expressly agrees that Grumpy Bert shall have no liability arising from use of any third-party website. The User is encouraged to use discretion when visiting other websites.

7. INTELLECTUAL PROPERTY RIGHTS
All content on the Site, including text, software, graphics, logos, sounds, or music and any associated trademarks or service marks, but excluding submissions from the User and other Users of the Services as described in section 8 (“User Submissions”) below, are owned by or licensed to Grumpy Bert, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Any content or information provided on the Site is for the User’s personal informational use only. The User may not copy, reproduce, transmit, broadcast, or display any of Grumpy Bert’s content without first obtaining the necessary rights to do so. In addition, the User may not copy, reproduce, transmit, broadcast, or display any content provided any third parties except the other User submissions as described in section 6, including copies for personal use.

8. USER SUBMISSIONS
A. Limitations on Submissions
The User agrees and warrants that none of its submissions are protected by a copyright, trade secret, or other third party proprietary rights unless the User owns the rights to the submission or has the necessary permission to use the submission in connection with the Services and these Terms of Use and to grant Grumpy Bert and other Users non-exclusive license to use the submissions as discussed below.

THE USER AGREES NOT TO SUBMIT MATERIALS CONTAINING FALSE OR MISLEADING INFORMATION, OBSCENE, PORNOGRAPHIC, DEFAMATORY, LIBELOUS, HATEFUL, OFFENSIVE, OR COULD GIVE RISE TO CRIMINAL OR CIVIL LIABILITY IN ANY WAY. GRUMPY BERT MAY, IN ITS SOLE DISCRETION, REMOVE ANY SUBMISSIONS FROM THE USER IN VIOLATION OF THESE TERMS OF USE WITHOUT NOTICE TO THE USER. VIOLATION OF THESE TERMS OF USE MAY ALSO RESULT IN TERMINATION OF THE USER’S ACCESS TO THE SITE AND SERVICES.

GRUMPY BERT DOES NOT ENDORSE ANY SUBMISSIONS BY THE USER AND EXPRESSLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH THE USER’S SUBMISSIONS.

B. License to Use User’s Submissions
Grumpy Bert may permit the submission of photos, videos, message postings, or other communications submitted by the User and from other Users for publication. The User understands that Grumpy Bert makes no guarantees regarding the confidentiality of any of these submissions. The User is solely responsible for its submissions and any consequences of posting or transmitting them.

The Users represents and expressly warrants that it has any and all rights required to use the materials submitted to the Site. The User hereby grants Grumpy Bert all licenses, copyrights, trademarks, or other proprietary rights (including appropriate consent of all people identifiable in any of the User’s submissions, as required by law) for all submissions necessary to allow Grumpy Bert to display, reproduce, and otherwise use any User submissions in a manner consistent with the Site or the Services. This shall include use of submissions for the purposes of promoting the Site or any of its Services.

The User retains any and all ownership of its submissions, subject to the above-referenced licenses.

C. Disclaimer
The User understands that use of the Site or the Services may expose the User to submissions and content from other Users or from third parties. Grumpy Bert is not responsible for any content from any other Users or third parties.

9. WARRANTY DISCLAIMER
Grumpy Bert and each of its licensors provide the Site and the Services “AS IS,” without any warranty of any kind. Therefore, THE USER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THE USER DISCLAIMS ALL WARRANTIES REGARDING ANY THIRD PARTY SOFTWARE OR SERVICES USED IN CONNECTION WITH THE SITE OR THE SERVICES. THE USER DISCLAIMS ALL WARRANTIES REGARDING PERSONAL INJURY OR ANY OTHER FORM OF DAMAGES RESULTING FROM USE OF THE SITE OR THE SERVICES. THE USER DISCLAIMS ALL WARRANTIES REGARDING INACCURACIES IN THE CONTENT OR SUBMISSIONS PROVIDED BY THE USER IN CONNECTION WITH THE SITE OR THE SERVICES. THE USER DISCLAIMS ALL WARRANTIES REGARDING ANY UNAUTHORIZED ACCESS OF GRUMPY BERT’S SERVERS OR OTHER DATA OR INFORMATION STORAGE SPACE. THE USER DISCLAIMS ALL WARRANTIES REGARDING VIRUSES, BUGS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE USER’S USE OF THE SITE OR THE SERVICES. THE USER DISCLAIMS ALL WARRANTIES REGARDING THE PRIVACY OF THE USER’S INFORMATION, INCLUDING BUT NOT LIMITED TO, CONTENT, E-MAIL ACCOUNT INFORMATION, FINANCIAL INFORMATION, OR TRADE SECRETS, SUBMITTED BY THE USER TO GRUMPY BERT IN CONNECTION WITH THE USER’S USE OF THE SITE OR THE SERVICES. THE USER DISCLAIMS ALL WARRANTIES REGARDING THE TIMING OR ACCURACY OF THE SERVICES PROVIDED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF IMPLIED WARRANTIES. THEREFORE, SOME OF THE RESTRICTIONS DESCRIBED IN THIS SECTION MAY NOT APPLY TO ALL USERS.

The Site and the Services were designed specifically for use in the United States of America. GRUMPY BERT MAKES NO WARRANTIES REGARDING THE FUNCTIONALITY OF THE SITE OR THE SERVICES ANYWHERE OUTSIDE OF THE UNITED STATES OF AMERICA. USERS WHO ACCESS THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLYING WITH ANY APPLICABLE LAWS FROM THAT LOCATION.

10. INDEMNITY
The User agrees to indemnify, defend, and hold harmless Grumpy Bert from any claims, losses, damages, expenses, costs, and liability, including reasonable attorneys’ fees arising from the use of the Site or the Services or from the failure to abide by the Terms of Use. This includes any claim concerning the infringement of copyright or other intellectual property rights of any third party, or any claim for damages with respect to any of the User’s content.

11. LIMITATION OF LIABILITY
UNDER THE FULLEST EXTENT OF THE LAW, THE USER UNDERSTANDS AND AGREES THAT GRUMPY BERT, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, RESELLERS, PARENT COMPANIES, AND OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF ITS PARENT COMPANIES (COLLECTIVELY “GRUMPY BERT AND AFFILIATES”) SHALL NOT BE LIABLE FOR ANY AND ALL DAMAGES ASSOCIATED WITH ANY USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST USE, LOST DATA, LOST GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, OR PROPERTY DAMAGE.

THE USER FURTHER AGREES THAT GRUMPY BERT AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS ASSOCIATED WITH THE USER’S USE OF ANOTHER’S INTELLECTUAL PROPERTY OR COPYRIGHTED MATERIALS.
THE USER FURTHER AGREES THAT GRUMPY BERT AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT FROM OTHER USERS. THE USER ASSUMES ALL RISK OF SUCH INJURY.
THE USER AGREES THAT GRUMPY BERT AND AFFILIATES SHALL NOT BE LIABLE FOR THE PRIVACY OF THE CONTENT, ACCOUNT INFORMATION, OR OTHER MATERIALS SUBMITTED BY THE USER, STORED ON THE SERVERS OF GRUMPY BERT, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND RESELLERS, TRANSMITTED BY THE IN ASSOCIATION WITH THE SITE OR THE SERVICES. THE USER FURTHER AGREES THAT GRUMPY BERT AND AFFILIATES SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS RESULTING FROM ANY UNAUTHORIZED ACCESS OF GRUMPY BERT’S SERVERS OR OTHER DATA OR INFORMATION STORAGE SPACE.

THE USER AGREES THAT GRUMPY BERT AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS REGARDING VIRUSES, BUGS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE USER’S USE OF THE SITE OR THE SERVICES.

THE USER AGREES THAT GRUMPY BERT AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS AT LAW OR IN EQUITY REGARDING ANY CONTENT OR SUBMISSIONS TO THE SITE FROM OTHER USERS OR FROM THIRD PARTIES.

THE USER AGREES THAT THE LIABILITY TO GRUMPY BERT AND AFFILIATES OF ANY AND ALL CLAIMS RESULTING FROM THE USER’S USE OF THE SITE OR THE SERVICES IS LIMITED TO THE AMOUNTS PAID FOR ANY OF GRUMPY BERT’S SERVICES, WHERE APPROPRIATE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS.
THE USER FURTHER AGREES THAT THESE LIMITATIONS APPLY EVEN IF THE USER HAS NOTIFIED GRUMPY BERT AND AFFILIATES OF THE POSSIBILITY OF SUCH DAMAGES.

12. MODIFICATION
Grumpy Bert may amend the Terms of Use at its discretion and without notice to the User. The User is responsible for reviewing and becoming familiar with any amendments. Any amendments to the Terms of Use shall apply prospectively to the User. Continued use of the Site or the Services by the User after the Terms of Use have been amended shall be deemed the User’s agreement to abide by the Terms of Use as amended.

13. RIGHT TO ASSIGN
The Terms of Use grants a limited license to the User to use the Site and the Services as defined in Section 1 of these Terms of Use. This license may not be transferred for any reason without the consent of Grumpy Bert. Doing so is a violation of the Terms of Use.

Grumpy Bert reserves the right to delegate any of its obligations under the Terms of Use or the User’s limited license to a third party without notice to the User.

14. ENTIRE AGREEMENT
The Terms of Use represents the complete and entire agreement between Grumpy Bert and the User regarding use of the Site and the Services.

If any terms of the Terms of Use are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. Furthermore, if any of the terms of the Terms of Use is deemed invalid by a court of proper jurisdiction, such a finding shall not affect the validity of the remaining terms. Accordingly, all other terms shall remain in full force and effect. The failure of Grumpy Bert to act regarding any breach of the Terms of Use does not constitute a waiver and will not limit Grumpy Bert’s rights regarding that or any subsequent breaches.

15. APPLICATION OF NEW YORK LAW
The Terms of Use and all its terms shall be governed exclusively by New York state and federal courts and under New York law without regard to conflicts of law principles. The User consents to personal jurisdiction and venue by the state and federal courts in Kings County, New York. Any claims or disputes concerning the User’s use of the Site or the Services, shall be decided by state and federal courts in Kings County New York, and shall apply New York law.

The User agrees that the Site shall be solely based in New York and shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, in any other state than New York.

THE USER AGREES THAT ANY CLAIM OR CAUSE OF ACTION THAT USER HAS RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN 180 DAYS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE USER’S CLAIM OR CAUSE OF ACTION IS BARRED PERMANENTLY.

IV. INQUIRIES
If the User has any questions or concerns regarding the Terms of Use, please send us a detailed message to bert@grumpybert.com or to the address below and a representative will be in touch with you shortly.

Grumpy Bert
82 Bond St.
Brooklyn, NY 11217