Terms & Conditions

This web site ("Site") is owned by Gaia Republic Inc. and your access to and use of the Site is subject to the terms and conditions (”Terms”) set forth herein. Gaia Republic Inc. may revise these Terms at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the most current version of these Terms. By accessing and browsing the Site, you signify your acceptance of the most current version of these Terms. If you do not agree to these Terms, you should not use the Site. Please note that we sometimes provide access from this site to other web sites but we do not endorse or approve any products or information that may be offered at any site that you may reach from our site. Please check the Uniform Resource Locator ("URL") that appears in your web browser to see if you are still at the Site or have moved to another site. Please also refer to our Privacy Policy for more information.

Intellectual Property: Contents (”Site Content”) on this Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product names, slogans, and any compilations of the foregoing are the properties of Gaia Republic Inc. or its licensors and are protected by United States and international copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the Site Content, whether in electronic or hard copy form, without the express prior written permission of Gaia Republic Inc. Any unauthorized use of the Site Content may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Site Content or third party content located on the Site in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Gaia Republic Inc. and/or its licensors, that dilutes the strength of Gaia Republic Inc. or its licensor’s property, or that otherwise infringes Gaia Republic Inc. or its licensor’s intellectual property rights.

No Warranty & Limitation of Liability: Any materials that you may purchase from this Site are provided "AS IS" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gaia Republic Inc. disclaims all warranties, whether express or implied, with respect to such materials, including without limitation the implied warranties of merchantability and fitness for any particular purpose. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you. Neither Gaia Republic Inc. nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” without warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for any particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Purchases on the Site: Some areas of our Site may allow you to purchase products. These areas may be operated on our behalf by third parties and additional terms and conditions may apply to your purchase of our products. Please also note that quantities of merchandise available for sale from this Site are limited so merchandise may become sold out. If this shall occur, Gaia Republic Inc. will promptly refund any payment, which it may have received for merchandise that it is unable to deliver on a timely basis or shall otherwise comply with the terms applicable to any purchase you make on our Site.

Links to Third-Party Web Sites: We may provide hyperlinks to third-party web sites as a convenience to users of the Site.We do not control such third-party web sites and are not responsible for the contents their web sites. We do not endorse, recommend or approve any third-party web sites hyperlinked from the Site. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlinks.

Interactive Features: Gaia Republic Inc. may offer on the Site interactive features that allow you to provide us with content, which content may be viewable by yourself and third parties and Gaia Republic Inc. may allow you additional opportunities to interact with third parties. On any such areas that we offer on the Site, you agree that you will not (a) share or transfer your account with any other party, temporarily or permanently (and you understand that you bear sole responsibility for all use of your account and for the confidentiality of your password); (b) upload, provide or post anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing (including infringing on the third party intellectual property rights of others) pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate; (c) include any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (d) impersonate any person or organization, including without limitation, the personnel of Gaia Republic Inc., nor misrepresent an affiliation with another person or organization; (e) include any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service; or (f) include, upload or post any software, files or links to other sites, viruses, corrupted files, or any other similar software or programs that may adversely affect or undermine the operation of Gaia Republic Inc.’s system or a third party’s computer. Gaia Republic Inc. may terminate your account or your access to the Site if we believe, using our sole discretion, that you have violated these Terms or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or refuse to post anything that we in our sole discretion view to be in violation of these Terms, the law, or are otherwise inappropriate. Gaia Republic Inc. does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site. By using this Site, you understand and acknowledge that messages and postings are the sole responsibility of the author and that Gaia Republic Inc. is not responsible for the message, or information, data, text or other materials in any message that may appear in any interactive features (“User Submitted Content”). Opinions expressed in User Submitted Content do not necessarily reflect the opinions of Gaia Republic Inc. If you believe that someone has posted User Submitted Content in violation of these Terms, please email privacy@drsponge.com. Gaia Republic Inc. may, but typically will not, acknowledge receipt of your complaint. You agree that Gaia Republic Inc. cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site.

User Submitted Content License: You agree that with respect to any User Submitted Content you make on this Site or otherwise to Gaia Republic Inc. that contain ownable, protectable content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, written materials and/or other materials you: (a) grant to Gaia Republic Inc. an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the User Submitted Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the User Submitted Content; (b) agree that Gaia Republic Inc. shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you; (c) hereby acknowledge and agree that Gaia Republic Inc. shall have the right to crop, edit, alter or arrange the User Content in any way it desires in Gaia Republic Inc.’s sole discretion; (d) acknowledge that Gaia Republic Inc. shall not have any obligation to provide you with any credit when using your User Content but in the event Gaia Republic Inc. chooses to provide you with credit the size and placement of the credit shall be at Gaia Republic Inc.’s sole discretion; (e) shall waive any “moral rights” that you may have in the User Submitted Content; and (f) acknowledge that you are not entitled to any compensation or other payment from Gaia Republic Inc. in connection with the User Submitted Content ("License"). You understand that Gaia Republic Inc. will be acting in reliance upon your grant of rights, representations, warranties stated herein and may incur substantial expense in reliance upon these grant of rights, representations, warranties and indemnities should Gaia Republic Inc. use your User Submitted Content. You therefore represent and warrant that: (a) you have the full power and authority to grant the License described herein and to perform all of your obligations set forth in the License; (b) you are the author of the User Submitted Content and that each and every element of the User Submitted Content is an original work created by you; (c) you are the sole and exclusive owner of the User Submitted Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Gaia Republic Inc.’s use and exploitation of the User Submitted Content; and (e) the User Submitted Content conforms to these Terms.

Children: This Site is not intended for children under the age of 13. Gaia Republic Inc. does not knowingly allow the use of this Site for anyone under 13 without the prior verifiable parental consent.

Indemnification: You agree to defend, indemnify and hold harmless Gaia Republic Inc. and its agents, officers, directors, employees, consultants, licensees, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against Gaia Republic Inc. or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.

Governing Law and Jurisdiction: This Agreement will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in California. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Changes to These Terms & Conditions: Gaia Republic Inc. shall have the right at any time to change these Terms or change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability or limiting the amount of use permitted (”Changes”). Such Changes shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, by electronic mail or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such Changes. You are expected to review these Terms periodically to ensure familiarity with the most current version.

No Partnership: Both you and Gaia Republic Inc. acknowledge and agree that no partnership is formed and neither of you nor Gaia Republic Inc. has the authority to obligate or bind the other. These Terms constitute both a binding agreement and is the entire agreement between you and Gaia Republic Inc. and is accepted by you upon your use of the Site.

No Waiver: The failure of Gaia Republic Inc. to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reasons beyond the reasonable control of Gaia Republic Inc., shall not be deemed a breach of these Terms. If Gaia Republic Inc. fails to act with respect to your breach or anyone else's breach on any occasion, Gaia Republic Inc. is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

Headings: The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.

Binding Agreement: These Terms constitute a binding agreement between you and Gaia Republic Inc., and constitute the entire agreement with respect to your use of this Site. By using the Site, you are deemed to have accepted these Terms, and to agree to adhere to the provisions herein.

For any questions or concerns on this Agreement, please contact privacy@drsponge.com

 

Revised: August 16, 2012