Version 0.9, May 14, 2019
Welcome to groms.com. Your use of this website is governed by the terms and conditions (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and Groms Inc, the owner and operator of groms.com.
By using this website, you agree to these conditions. Please read them carefully.
When visiting groms.com, or when you send us e-mails, you are communicating with us electronically. By using groms.com you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
All content included in or made available through groms.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of groms.com or our content suppliers. All of the content included in or made available through groms.com is the exclusive property of groms.com and protected by U.S and international copyright laws.
"groms.com", “Groms”, “Groms.com” and related icons and logos are registered trademarks or trademarks or service marks of groms.com and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
OTHER INTELLECTUAL PROPERTY
Groms Inc is the sole owner or lawful licensee of all the rights and interests of the website groms.com. groms.com has intellectual property rights protected under worldwide patent, copyright and other laws. You agree not to infringe any or all of the title, ownership and intellectual property rights of groms.com. You hereby indemnify groms.com to the extent of any breach of intellectual property rights by or through your use of groms.com. All rights not otherwise claimed under the Terms or by groms.com are hereby reserved.
PROPER USE AND ACCESS
You shall not engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of groms.com and/or of other users of groms.com. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to groms.com’s computer systems and networks and/or any and all data or information therein. You agree to use groms.com for your personal use only and shall in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through groms.com for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on groms.com for purposes other than appearing in these Terms is prohibited.
You are responsible for maintaining the confidentiality of your account information and password on groms.com. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. groms.com does sell products for children. Adults can purchase products through groms.com with a credit card or other permitted payment method. If you are under 18, you may use groms.com only with involvement of a parent or guardian. groms.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Groms accepts all major credit cards such as Visa, Mastercard, American Express, and Discover. Coming soon we will be adding PayPal and Affirm.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. groms.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant groms.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant groms.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify groms.com for all claims resulting from content you supply. groms.com has the right but not the obligation to monitor and edit or remove any activity or content. groms.com takes no responsibility and assumes no liability for any content posted by you or any third party.
You hereby agree to indemnify and save groms.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of groms.com or Services (including but not limited to the display of your information on groms.com) or from your breach of any of the Terms. You hereby further agree to indemnify and save groms.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. You also agree further that groms.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. groms.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with groms.com in asserting any available defenses.
groms.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from groms.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
groms.com does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return, in this situation, groms.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
groms.com strives to be as accurate as possible, however mistakes happen. groms.com does not warrant that product descriptions or other content on groms.com is accurate, complete, reliable, current, or error-free. If a product offered by groms.com is not as described, your sole remedy is to return the product it in unused condition according to the Returns Policy.
With respect to items sold by groms.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by groms.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Delivery timeframes communicated by groms.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall groms.com be liable for deliveries going beyond the estimated timeframe.
groms.com shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Website for any reason whatsoever including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of and your purchase of products and/or services through groms.com. Any infraction of the Terms and Conditions shall be governed by the laws of New York State and the laws of Unites States of America without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and groms.com each agree to submit to the personal and exclusive jurisdiction of the courts located within New York, USA.