Terms of Service
Terms of Service:
AvadaGaga.com, LLC Terms of Service
This Terms of Service will be replaced by our new AvadaGaga.com, LLC Terms of Service February 14, 2020. Please see our summary of changes for additional details. Last modified: February 14, 2020.
Welcome to AvadaGaga.com, LLC
Thanks for using our products and services (“Services”). The Services are provided by AvadaGaga.com, LLC (“AvadaGaga.com, LLC.”), located at: 450 S. Highway 165, Branson, MO 65616.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not AvadaGaga.com. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your AvadaGaga.com Account
You may need a AvadaGaga.com Account in order to use some of our Services. You may create your own AvadaGaga.com. Account, or your AvadaGaga.com Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a AvadaGaga.com Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
If you learn of any unauthorized use of your password or account, contact info@ AvadaGaga.com.
Privacy and Copyright Protection
AvadaGaga.com privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that AvadaGaga.com can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringes according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and AvadaGaga.com policy about responding to notices in our help center.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give AvadaGaga.com (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to AvadaGaga.com. Some Services may offer you ways to access and remove content that. has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
AvadaGaga.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by AvadaGaga.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AvadaGaga.com, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. AvadaGaga.com may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advanced notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER AVADAGAGA.COM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, AVADAGAGA.COM, AND AVADAGAGA.COM SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AVADAGAGA.COM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, AVADAGAGA.COM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AvadaGaga.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between AvadaGaga.com and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Missouri relating to these terms or the Services will be litigated exclusively in the federal or state courts of Taney County, Missouri and you and AvadaGaga.com consent to personal jurisdiction in those courts.
For information about how to contact AvadaGaga.com please visit our contact page.
What you can and can’t do when using our services.
- Subscription plans are charged on a monthly basis and can be cancelled at any time from the account page.
- Should you cancel your plan, we will keep your profile and information intact unless you tell us otherwise.
- Subscriptions become active shortly after purchase. It is possible this could take several minutes in some instances.
- We strive to carry out this service with due skill and care. However, if we fail in this obligation you may be entitled to a refund under USA Law.
- If our service fails to work as expected or advertised, please contact us at info@ AvadaGaga.com and we will do our best to assist you.
- Subscriptions are charged based on the number of collaborators at the billing date.
- Prices are in US dollars.
Using our web site
When using this website, you agree to be legally bound by these terms and conditions as they may be modified and posted to our web site from time to time.
Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.
If you do not wish to be bound by these terms and conditions, then you may not use our website.
Applicability of online materials
We have used our reasonable endeavors to ensure that our web site complies with USA law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside of the USA.
We make no warranties, express or implied that making the Products available in any particular jurisdiction outside of the USA is permitted under any applicable non-USA laws or regulations. Accordingly, if making the Products or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside of the USA, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside of the USA or who are nominees of or trustees for citizens, residents or nationals of other countries.
Copyright and monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. We, or other third-party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as an information resource for our services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete a questionnaire.
We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.