Effective Date: Last Updated as of October 22, 2019
Top Ten Terms
- ACCEPTANCE OF TERMS. We grant you permission to use the ("Website" or "Site") subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms, including the RESTRICTIONS in bulleted item 5. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- SITE AVAILABILITY: The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to Lynn Creative, Inc.
- COPYRIGHT. The Service contains Content specifically provided by Lynn Creative, Inc. or its clients or partners. The term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, “look and feel”, layout, design, color scheme, selection, combination and arrangement of the Content, interactive features generated, provided, or otherwise made accessible by Lynn Creative, Inc. or its clients or partners on or through the Service. Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
- PROMOTIONAL MATERIALS. Lynn Creative, Inc. offers access to this Site in order to provide information about Lynn Creative, Inc and the work we have done for our clients over the years. We want to make it absolutely clear that the sole authorized use of this Site is to obtain information about Lynn Creative, Inc.'s services. Unless permission is expressly given in writing, no other use is permitted. The following restrictions also apply.
- RESTRICTIONS. By way of example but not limited to, you agree not to and will not assist, encourage or enable others to use the Site to:
- remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; You shall abide by all applicable local, state, national and international laws and regulations.
- submit information you know is unlawful, threatening, false or misleading
- engage in what constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") whether commercial in nature or not;
- solicit, request or collect personal information for commercial or unlawful purposes; commercial activities and/or sales without Lynn Creative, Inc.'s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- use software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Lynn Creative, Inc. or any third party; or
- impersonate any person or entity, including any employee, service provider or representative of Lynn Creative, Inc.;
- Lynn Creative, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Lynn Creative, Inc.'s sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
- THIRD PARTY SITE: There may be imposters using social media and other means to impersonate Lynn Creative, Inc. and Lynn Creative Inc.'s Website may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, Lynn Creative, Inc. does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Site and that your use of any Third Party Site is at your own risk.
- INDEMNIFICATION: You agree to indemnify, defend and hold harmless Lynn Creative, Inc. and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY.
- Lynn Creative, Inc. is an early adopter of new technology and all browsers may not yet support some website features. The Site is made available to you on an "as is" basis, "with all the faults" and "as available" basis. Your use of the Site is at your own discretion and risk. Although we make every attempt to provide a safe experience, Lynn Creative, Inc. makes no claims or promises about the quality, accuracy, or reliability of the Site, its Safety or Security, or the Site Content. Accordingly, Lynn Creative, Inc. is not liable to you for any loss or damage that may arise from your use of the site.
- Lynn Creative, Inc. expressly disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of mechantability, fitness for a partcular purpose, and non-infringement. You asume total responsibility and risk for your use of the Site.
- Lynn Creative, Inc., its Affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site or any Third Party Site. Your sole and exclusive right and remedy in case of dissatisfaction with the Site, Related Services and/or any Third Party Site shall be your Termination and Discontinuation of access to, or use of the Site.
- Lynn Creative, Inc. does not warrant that the functions contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or any Third Party Site, or the Servers that make them available, are or will be free of viruses or other harmful components.
- Lynn Creative, Inc. does not warrant or make any representations regarding the use or the results of the use of materials or information posted on the Site or any Third Party Site.
- Lynn Creative, Inc. makes no representations regarding how often the materials or information posted on the Site will be updated (if at all) or the number or identification of clients, partners or other individuals that are or will be featured on the Site.
- VOID WHERE PROHIBITED. Although this Site is available worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Lynn Creative, Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
- These Terms shall be governed by, and construed in accordance with, the laws of the State of New Mexico, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Fe in the City of Santa Fe in the State of New Mexico, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
- In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Any failure by Lynn Creative, Inc. to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- The Terms are not assignable, transferable or sublicensable by you except with Lynn Creative Inc.'s' prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.