Last updated on March 30, 2017
PLEASE READ THIS POLICY BEFORE YOU USE THE SITES AND SERVICES. YOUR ACCESS TO AND USE OF ANY PART OF THE SITES AND SERVICES CONSTITUTES YOUR EXPRESS AGREEMENT TO THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, YOU MAY NOT ACCESS OR USE THE SITES AND SERVICES.
- CHILDREN UNDER THE AGE OF 13. The Sites and Services are not intended for use by children under 13 years of age. No one under age 13 may use or provide any information through the Sites and Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not register for, use or provide any information through the Sites and Services without first providing us with verifiable parental consent. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
- LICENSE. Company grants you a limited license to use the Sites and Services to view, bookmark, download and print, for your non-commercial, personal use and information only, subject to any other terms and conditions of use in this Policy. The terms of this Policy cannot be waived or modified by any oral communication between you and Company. Your limited right to use of any materials or software from any of the Sites and Services is terminable by Company at any time for any reason.
- UPDATING TERMS. Company reserves the right, at its discretion, to change, delete, and update portions of this Policy or any other policies that govern use of the Sites and Services at its discretion, at any time, for any reason, including the right to terminate access to all or any part of the Sites and Services. You should review this Policy periodically for changes. Any amendments and modifications by Company will be prospective, and unless otherwise provided in this Policy, will be effective upon being posted on one or more of the Sites and Services. The Policy can be accessed from the link at the bottom of web page accessible at lyndaspillane.com. Your access and/or use of any of the Sites and Services after terms of this Policy are amended or updated shall be deemed acceptance of all such changes.
- SITE CONTENT. Company relies on a variety of sources for the information provided on the Sites and Services. Company does not guarantee the truthfulness, accuracy, quality, or reliability of information located on the Sites and Services. You acknowledge that Company receives content from multiple parties, including third parties, and that those parties are responsible for the truthfulness, accuracy, and reliability of the content that they submit. Any reliance on material posted on the Sites and Services shall be at your own risk.
- OWNERSHIP RIGHTS. Company owns or licenses all of the content, materials, and other intellectual property accessible on the Sites and Services, including, without limit, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials“). You have no rights to the Materials, except as expressly set forth in this Policy (such as with respect to User Content as defined below). Any use of the Materials, except as permitted by this Policy, is expressly prohibited.
- USER-GENERATED CONTENT. If you upload, post, or otherwise submit any material or content to any of the Sites and Services (“User Content“), your User Content shall be deemed owned by you. By posting or uploading the User Content, you grant to Company and its affiliated entities a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, modify, publish, display, distribute, perform, exploit, and prepare derivative works of the User Content in connection with the business operations of Company and its affiliated entities, including the Sites and Services. You are solely responsible for all third party claims, liabilities, and damages arising from or in connection with your User Content, and we assume no such liability. You represent and warrant that any User Content submitted by you will be truthful and accurate in all respects. You agree to indemnify and hold harmless Company and its affiliates for any claims and/or damages related to User Content you have posted or caused to be posted (directly or indirectly) to any of the Sites and Services.
- INTELLECTUAL PROPERTY. All of the Materials and other logos, trademarks and/or works (including Company’s name and the logos and software) used on the Sites and Services, and owned by Company are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not copy or use any of the Materials or Company intellectual property in any way that is not expressly authorized herein without first obtaining written consent from Company.
- INTELLECTUAL PROPERTY RIGHTS OF OTHERS. Company respects the intellectual property rights of others. It is our policy to remove any photos, graphics, trademarks, content or other protectable material submitted to any of the Sites and Services that violate the rights of others.
- COPYRIGHT ABUSE & NOTICE. Upon proper notice, Company will remove user-posted comments, messages or other submissions to the Sites and Services that violate copyright law. Company may also suspend access to all or a part of the Sites and Services to any user who uses them (or any part of them) in violation of copyright law. If you believe your work has been used or published on the Sites and Services in a way that constitutes copyright infringement, then you must send Company’s designated copyright agent written notification of claimed infringement in compliance with the Digital Millennium Copyright Act, 17 USC Section 512 et seq. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a work or material is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney prior to sending Company a takedown notice. To provide adequate notice under this provision: Provide Company with the information set forth below in a written communication. All information must be provided in sufficient detail to allow Company to properly investigate your claim.
- Identify the copyrighted work you believe has been infringed;
- Identify the material you claim is infringing upon your copyright;
- Include sufficient information for Company to contact you, including your name, address, phone number and e-mail if possible;
- Include information, if possible, sufficient to permit Company to notify the person or entity who is infringing on your copyright, including name, address, phone number and e-mail if possible;
- Include the following statements in your written notice: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law;” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;”
- Sign the written notice; and
- Send the written communication to Company’s designated agent at the following address: PO Box 1038, New York, NY 10024
- FAIR & TRUTHFUL ADVERTISING. Company undertakes only truthful and transparent methods of advertising and expects users of the Sites and Services to do the same. If you provide any endorsements or testimonials on any of the Sites and Services, you must provide only your honest opinions and experiences. If you are an employee of Company, or if you receive any compensation, free products or services, or any other value from Company, you must disclose that with any testimonials or endorsements you may provide on the Sites and Services.
- PROHIBITED CONDUCT. You may not:
- use or access the Sites and Services to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute any material or content that infringes any copyright, trademark, proprietary, or other right of any party or that otherwise violates the terms of this Policy;
- copy, modify, distribute, create any derivative or compilation work from, or display Company’s name or logo, or any text, graphic images, or other content from the Sites and Services or redeliver it using framing, scraping, or similar technology;
- include the Company logo, domain name or any other marks, of various products and services offered by Company or any other Company trademarked materials, the name of any Company personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Company and you, any other party, or any other website, or otherwise use these items without Company’s express written permission;
- use any of the Sites and Services to advertise or perform any commercial solicitation without Company’s prior written permission;
- use the Sites and Services to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large data load on the Company infrastructure;
- interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- bypass measures used by Company to prevent or restrict access to the Sites and Services, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Company; or
The license granted to you under this Policy to access and use the Sites shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Company reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order.
- TERMINATION, REMOVAL OF MATERIALS, AND MONITORING. This Policy is effective until terminated. Company may terminate, restrict, or suspend all or part of your license to access the Sites and Services, and may delete any User Content transmitted to or through the Sites and Services, at any time, in its sole discretion, without prior notice to you and without any liability to you. Company also reserves the right to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in Company’s sole discretion, may create liability for Company, its affiliates, agents, customers, or its contractors or may affect Company’s business relationships or contracts with its agents, customers, or its contractors. Company further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to this Policy. However, Company shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting. You agree that Company has the right, but is not obligated, to monitor your use of the Sites and Services and any communications made by you related to such use. You release Company from liability related to its monitoring activities.
- WEBSITE LINKING. For your general informational use only, Company may provide access to third party websites. These links allow you to leave the Sites and Services. Company is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any of the Sites and Services via hyperlink or otherwise, whether such link is provided by Company or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Company may link). By providing access to other websites, Company is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Company does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES AND SERVICES ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “COMPANY PARTIES“) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITES AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE COMPANY PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS OR USE OF DATA OR USER CONTENT. USE OF THE SITES IS AT YOUR OWN RISK. YOU AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO COMPANY. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY COMPANY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE COMPANY PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
- In consideration of your use of the Sites and Services, you agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of this Policy, your violation of law, or your violation or threatened violation of any person’s or entity’s rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).
- MOBILE DEVICES. Some mobile devices may not be capable of accessing the Sites and Services entirely. Company is not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access any of the Sites and Services using a mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with use of the mobile device.
- APPLICABLE LAW. Company manages the Sites and Services within the State of New York in the United States. If you choose to access any of the Sites and Services from any other location, state or country, you do so at your own risk and initiative and are solely responsible for compliance with any applicable local laws and regulations.
- SEVERABILITY AND WAIVER. If any provision of this Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Policy, all of which shall remain in full force and effect. Failure to exercise or delay in exercising any right, power or privilege by Company under this Policy shall not constitute any waiver or modification of the terms of this Policy by Company.
- ENTIRE AGREEMENT. This Policy – along with all incorporated terms identified in Section 20 – contains the entire agreement between you and Company with respect to the Sites and Services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by this Policy. Terms that by their nature are intended to survive the termination, cancellation, or expiration of this Policy shall survive.
- CONTACT US. If you have any questions or comments about this Policy or Company’s privacy practices, you may email us at email@example.com