TERMS OF SERVICE
Butterfly Garden News user content is made up of independent users/ contributors (authors, photographers, artists, etc.) and each user/independent contributor is solely responsible for their own content including but not limited to each independent user’s/contributor’s comments, notes, text, information, photographs, music, video, advertisements, listings, and any other content (collectively the “User Content”) which they choose to publish or display (hereinafter, “post”) as an independent contributor on or through the Butterfly Garden News site, or transmit to or share with other users through the Butterfly Garden News website. You may not post, transmit, or share user content on the Butterfly Garden News site that you did not create or that you do not have permission to post. You understand and agree that Butterfly Gardens may, but is not obligated to, review this content and may delete or remove (without notice) any user content for any reason or no reason, including user/contributor content which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. As a user/contributor, you are solely responsible at your sole cost and expense for your user content.
When you post user content to the site, you authorize and direct us to make decisions regarding the posting and editing of such content. By posting user content to any part of the Butterfly Garden News site, you automatically grant, and you represent and warrant that you have the right to grant, to Butterfly Gardens an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Butterfly Gardens website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sub-licenses. You may ask to have your user content removed the Butterfly Garden News site, at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your user content. Butterfly Gardens does not assert any ownership over your user content; rather, as between us and you, subject to the rights granted to us in these terms, you retain full ownership of all of your user content and any intellectual property rights or other proprietary rights associated with your user content which you have contributed to the Butterfly Gardens site.
The Butterfly Garden News site contains (or you may be sent through the Site or the Service) links to other web sites (”Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Facebook, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.