Effective Date: Last Updated as of July 18, 2021
The Agreement constitutes a binding Agreement between LYNN CREATIVE INC. and you, whether personally or on behalf of an entity ("you"), concerning your access to and use of the Website and Services LYNN CREATIVE INC. offers.
In order to use the the Website Services and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with LYNN CREATIVE INC. and not be barred from doing so under any applicable United States laws. You also promise that any registration information that you submit to LYNN CREATIVE INC. is true, accurate, and complete, and you agree to keep it that way at all times.
This Agreement notice applies solely to information collected by this Website, except where stated otherwise. If you do not agree to all the terms in this Agreement, you may not use or access the Services.
This Agreement notifies you of the following:
- Terms Of Service and Use
- The section below explains how LYNN CREATIVE INC. handles and collects information when you visit https://www.lynncreative.com. Personally Identifiable Information (“PII”) includes information that is personal in nature and which may be used to identify you. You may provide PII to us when you send us an e-mail message or a request for information, when you fill out a questionnaire or customer satisfaction survey, when you participate in a research study, etc. Personally identifiable information may include, but is not limited to, your name and email address. We do not require you to register or provide PII to visit our website. We do collect some technical information that does not include PII when you visit to make your visit seamless.
- The PII you provide on the Website will be used by LYNN CREATIVE INC. only for the purpose for which you provided it.
- More details concerning the collection or processing of Personal Data may be requested from LYNN CREATIVE INC. at any time. Please see the contact information at the end of this document under the Heading (“Contact LYNN CREATIVE INC.”)
- We collect information your browser sends whenever you visit our Website. This Log Data may include information such as your computer's Internet Protocol address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics to collect, monitor and analyze this.
- Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive. We may employ cookies to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Website.
TERMS OF SERVICE AND USE
INTELLECTUAL PROPERTY RIGHTS PERMISSIONS
The Website Content and Services, including this Agreement are protected by copyright and other laws in both the United States and other countries. For the avoidance of doubt, some key details are provided below.
- The Website and Services include custom website templates (“Templates”). A website template is a predesigned resource that shows the structure, the layout and display features of the Website. A website template is known as a Web Template or Page Template.
- The Templates may include without limitation custom demo content, screenshots, designs and graphics, photographs, video, sound, layouts, stickers, stamps, overlays, elements, website code, software, text, and other materials. The Templates used for https:/lynncreative.com, https://www.lynncreative.com are created and copyrighted by LYNN CREATIVE INC.
- You may not use the Templates in any way, intentional or otherwise, that competes with the Services and Agreement as stated herein.
- All custom text, graphics, icons, and other items that appear on the Website are business plans, copyrights, trademarks, service marks or trade dress ("Marks”), collectively (“Intellectual Property”) of LYNN CREATIVE INC., LYNN CREATIVE INC's affiliates or other entities that have granted LYNN CREATIVE INC. the right either by written contract or license agreement to use such Marks or copyrighted material for the specific purpose of the Website.
- Unless specifically stated in this Agreement, you may not publicly display on any social media or public platform, copy, reproduce, publish or republish, modify, lease, loan, sell, create derivative works from, post, upload, transmit, commercially exploit, or distribute the Intellectual Property of the Website or any part thereof without LYNN CREATIVE INC's or the appropriate third party's prior written permission.
- Except as expressly provided herein, LYNN CREATIVE INC. does not grant to you any express or implied rights to LYNN CREATIVE INC's. or any third party's Intellectual Property.
Linking and Framing
To avoid disputes LYNN CREATIVE INC. has provided the following Terms for linking to and /or framing the Website Content or Service.
- You may only link to this Website by providing an underlined, textual link from your website to the Home Page of the Website (an “Authorized Link”). “Home Page” means the introductory or main web page of https://www.lynncreative.com. For example, https://www.lynncreative.com is the only Authorized Link of LYNN CREATIVE INC's Website. You may not provide access to the Website or any part thereof or under any other URL without the prior written approval (“Linking Agreement”) approved and signed by LYNN CREATIVE INC's CEO, Barbara R. Lynn.
- You may not incorporate the Website or any part or element thereof into any other site, public or social media platform, or any other venue (e.g., by in-lining, framing, or creating other browser or border environments around the Website Content, Service or Templates). You may not allow or provide automatic downloads or manual downloads of the Website Content, Template, or Service under any circumstances.
Links To Other Sites
The Website may contain hyperlinks to other websites maintained or controlled by others. LYNN CREATIVE INC. is not responsible for and does not routinely screen, approve, review or endorse the contents of or use any of the products or services that may be offered at these websites.
Rules For Online Conduct
In addition to but not limited to other prohibitions as set forth in the Terms, you are prohibited from using the Website or Services:
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violates LYNN CREATIVE INC. or another’s intellectual property including, but not limited to, copyrights, trademarks or trade secrets;
- to harass, stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
- is intended to or does harass or bully other users;
- to collect or track or disseminate the personal information of LYNN CREATIVE INC. executives, personnel or others;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized byLYNN CREATIVE INC.;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by LYNN CREATIVE INC.;
- interferes with or in any way disrupts the Website Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Website Service or Lynn Creative Inc's computer systems, network, usage rules, or any of LYNN CREATIVE INC's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Website Agreements.
PLEASE NOTE: LYNN CREATIVE INC. reserves the right to terminate your use of the Website, Service or any related website for violating any of the prohibited uses or any other unlawful use. LYNN CREATIVE INC's affiliates or other entities that have granted LYNN CREATIVE INC.. the right either by written contract or license agreement also reserves the right to file a DMCA complaint or terminate the Service of any related website or other website for violating any of the prohibited uses or any other unlawful use.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
LYNN CREATIVE INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT.
LYNN CREATIVE INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE OR CONTENT ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF THE INFORMATION OBTAINED THROUGH OR FROM THE WEBSITE IS AT YOUR OWN RISK.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THATLYNN CREATIVE INC's DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE WEBSITE INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED.
You agree to indemnify and hold LYNN CREATIVE INC. harmless from any claims, losses or damages, including legal fees, resulting from your violation of this Agreement, your use of the Website, Service or your placement of any content onto the Website and to fully cooperate in LYNN CREATIVE INC's defense against any such claims.
You will bear the burden of establishing that your use of the Website, Website Service and / or Content complies with this Agreement and all applicable laws.
These Terms constitute the entire Agreement between you and LYNN CREATIVE INC. and LYNN CREATIVE INC's affiliates or other entities with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written Agreements.
Choice of Law / Forum Selection
You agree that any dispute arising out of or relating to this Agreement, including exact copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of New Mexico, excluding its conflicts of law provisions.
You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Fe, New Mexico as the legal forum for any such dispute.
If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Changes To This Agreement
This Agreement is effective as of January 1, 2018, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
If we make any material changes to this Agreement, we will notify you either through the email address you have provided us, or by placing a prominent notice on the Website.
Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact LYNN CREATIVE INC.
Email Address: lynncreative inc [at] gmail.com