This website, and any sub-sites thereof, (together the "Site") is published and maintained by Husqvarna AB (publ)/GARDENA GmbH or its group companies, subsidiaries or branch offices (together GARDENA). Your use of the Site is subject to a legally binding agreement between you and GARDENA (the “Agreement”). The following are the terms of the Agreement (the “Terms”). By using the Site you acknowledge that you have read, understood and agreed to the Terms and all related documents. It is important that you read them carefully. If you do not agree to the Terms and all related documents, you are not allowed to use the Site.
Subject to the Terms set forth in this Agreement, GARDENA grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
GARDENA authorizes you to view and download the information ("Materials") on the Site only for your personal, non-commercial use, unless otherwise expressly stated in the Gardena Social Media Newsroom. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
You represent and warrant that you will use the Site in compliance with these Terms including the laws and provisions under this Agreement and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be GARDENA or someone else or allow a third party to pretend to be you; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services or (h) collect or store personal data about other users unless specifically authorized by such users.
GARDENA reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time and without giving prior notice. Changes in this Agreement will be effective when posted on the Site. Your continued use of the Site after any change to this Agreement is posted will be considered acceptance of those changes.
Intellectual Property rights
You acknowledge and agree that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs whether registered or unregistered) in the Site are vested in GARDENA or its licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in GARDENA shall inure to GARDENA.
This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site, including all Material, and to prevent any unauthorized copying of the Materials. GARDENA does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.
You acknowledge and agree that you will not, and nothing in these Terms gives you the right to, use GARDENA trade marks, trade names, service marks, logos, domain names or other distinctive brand features other than as expressly stated in the GARDENA’s Trade Mark List.
Please note that any information, unsolicited suggestions, ideas or other submissions will be deemed not to be confidential and to be non-proprietary. By sending any information or material, except in a Patent Information Declaration as described in the Husqvarna Policy Regarding Consideration of Unsolicited Ideas, you grant GARDENA an unrestricted, royalty-free, irrevocable and world-wide license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that GARDENA is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. For more information, please see the Husqvarna Policy Regarding Consideration of Unsolicited Ideas.
Any software that may be available to download from this web site (the “Software”) is the copyrighted work of GARDENA and/or its suppliers.
Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (”License Agreement”). Unless otherwise follows from the License Agreement the Software is made available for downloading solely for use by end users. Any reproduction or redistribution of the Software not in accordance with the License Agreement is not permitted and may result in civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY PERMITTED BY LAW, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TO THE EXTENT PERMITTED BY LAW, GARDENA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INSOFAR AS LIABILITY UNDER OR PURSUANT TO ANY STATUTE OR LAW MAY NOT BE EXCLUDED BY LAW, GARDENA’S ENTIRE LIABILITY SHALL BE LIMITEDTO THE RE-SUPPLY OF THE SOFTWARE.
For your convenience, the Site may include links to sites on the Internet that are owned, published and maintained by third parties. GARDENA does not undertake to monitor or review such Third Party Site Content nor is GARDENA responsible for the accuracy or reliability of any such third party web sites.
External links to the Site
All links to the Site must be approved in writing by GARDENA, except that GARDENA consents to links in which: (i) the link is a text-only link containing only the name "GARDENA" and does not contain any of GARDENA or its licensor's proprietary trademarks; (ii) the link "points" only to www.gardena.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked web Site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by GARDENA nor be such as to damage or dilute the goodwill associated with the name and trademarks of GARDENA or its Affiliates. GARDENA reserves the right to revoke this consent to link at any time at its sole discretion.
Exclusion of implied warranties
Although care has been taken to ensure the accuracy of the information on and the continued availability of this Site, GARDENA assumes no responsibility therefore. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. GARDENA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY LAW, GARDENA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. GARDENA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. GARDENA DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY GARDENA ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED EXCEPT TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION. THIS EXCLUSION OF IMPLIED WARRANTIES SHALL ALSO APPLY IN REGARDS TO ANY THIRD PARTY SITE.
Information that is published on the Site may contain references or cross references to GARDENA products, services etc. that are not announced or available in your country. The accuracy of such information cannot be guaranteed, particularly since this information is subject to change, specific requirements or availability and such references do not imply that GARDENA intends to announce such products, services etc. in your country. Contact your local dealer for complete details regarding the products, services etc. which may be available to you and for ordering. GARDENA reserves the right, at its sole discretion, to change, modify, add and/or withdraw any product, service etc. at any time and without giving prior notice.
Limitation of liability
IN NO EVENT SHALL GARDENA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF GARDENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL GARDENA BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY IN REGARDS TO ANY THIRD PARTY SITE.
SOME WARRANTIES AND CONDITIONS IMPLIED BY LAW MAY NOT BE EXCLUDED, IN RESPECT OF ANY SUCH WARRANTIES AND CONDITIONS, GARDENA’S LIABILITY FOR ANY BREACH WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE, AT THE OPTION OF GARDENA, TO THE RE-SUPPLY OF RELEVANT GOODS OR SERVICES OR THE PAYMENT OF THE COST OF HAVING THE RELEVANT GOODS OR SERVICES RE-SUPPLIED.
This Site is controlled, operated and administered by GARDENA from its offices in Sweden. GARDENA makes no representation that materials at this Site are appropriate or available for use at other locations outside of Sweden. Accessing the Site from territories where their contents of the Site are illegal is prohibited. If you access this Site from locations outside of Sweden, you are responsible for compliance with all local laws. The laws of the Kingdom of Sweden shall govern this Agreement, without giving effect to its conflict of laws provisions. The Stockholm District Court shall have exclusive jurisdiction in the first instance on any dispute arising from this Agreement.
This has been updated last 09/03/11.