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terms & use

LENNY AND EVA, INC.

TERMS OF USE

 Effective Date: January 26, 2016.

 

The Lenny and Eva websites, Facebook page, and mobile applications are operated by Lenny and Eva, Inc. (“L&E”). For the purposes of these Terms of Use, lennyandeva.com, its companion Facebook fan page, mobile application, and its related micro-sites are collectively referred to as the “Sites.”

 

We invite you to enjoy the features of our Sites. To assist in the lawful, orderly and successful operation of our Sites, we must require that you abide by our Terms of Use. Please note that failure to abide by these Terms of Use may result in immediate termination of your access to our Sites.

 

By browsing, accessing, linking, using, signing into your account, registering with and/or downloading information from the Sites, you agree to these Terms of Use. If you are using the Sites on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.

 

L&E reserves the right, at any time, to modify, alter, or update these Terms of Use. Modifications shall become effective immediately on being posted on the Sites and/or re-issuance to Site profile holders at their next sign-in. Your continued use of the Sites after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

 

  1. Authorized Users. If you are under the age of 13, you may not use the Sites. The Sites are not intended or designed to attract children under the age of 13. L&E does not collect personally identifiable information from any person L&E actually knows is a child under the age of 13.

 

  1. Accounts. You may have the option to create an account and establish a “user profile” to participate in certain features of the Sites. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to L&E. Users must affirm that they are at least 13 years old to create an account. If you create an account, you are responsible for maintaining your profile and utilizing the settings available to protect the confidentiality of your profile user name, password and all other personal information. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify L&E with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Sites.

 

  1. Intellectual Property/Copyright. Unless otherwise noted, all content on the Sites, including, without limitation, trade dress, trademarks, service marks, software, source code, object code, website design, text, graphics, button icons, files, interfaces, drawings, designs, illustrations, images, photographs, video clips, music and sounds, sound recordings, lyrics, the word and logo marks LENNY AND EVA® and LENNY & EVA®, and other materials, and the selection and arrangements thereof (collectively, the “Sites Content”), is the property of L&E and/or its affiliates or licensors. L&E reserves all rights in such Sites Content. Subject to these Terms of Use, L&E grants you a non-exclusive, non-transferable, limited right to access, use and view the Sites and the Sites Content solely for your own personal, non-commercial use, provided, however, that you may not, nor may you allow others to, directly or indirectly publish, sell, license, lease, rent, reproduce, modify or attempt to modify or create derivative works from the Sites Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Sites Content for any public or commercial purpose, including, without limitation, use of the Sites Content on any other website or in any environment of networked computers, or transfer the Sites Content to any other person without the prior written explicit consent of L&E. Any authorized retransmission, redistribution, or rebroadcast of Sites Content must include appropriate attribution to L&E. Except as expressly provided herein, no license to use or reproduce the Sites Content is given to you, and all intellectual-property rights therein are expressly reserved. Systematic retrieval of data or other Sites Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from L&E is prohibited. You shall not sublicense, assign, or transfer the license granted to you under these Terms of Use. Any attempted sublicense, assignment, or transfer of any of your rights, duties, or obligations contained in these Terms of Use shall be void. You may not remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on the Sites. You may not reverse-engineer, decompile, translate, adapt or dissemble the Sites or the Sites Content. For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see L&E’s Intellectual Property/Copyright Policy below.

 

  1. Warranty and Indemnification. You warrant and represent that all content added to the Sites by or at the behest of you or your agents or representatives, including, without limitation, music, videos, sounds, lyrics, messages, text, illustrations, files, images, graphics, photos, comments, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. You agree to indemnify, defend and hold harmless L&E and its parents, subsidiaries, affiliates, members, officers, directors, employees, consultants, agents, representatives, sponsors and service providers from any claim, demand, liability, loss, damages, or cause of action, including attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Sites, the violation of these Terms of Use, or infringement by you, or other user of the Sites using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. L&E reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without L&E’s written consent.

 

  1. User Content. L&E is not responsible or liable for any User Content on the Sites. User Content does not necessarily express the views of L&E. L&E does not guarantee that it will edit or delete User Content. L&E has the right, but not the obligation, to monitor User Content. L&E reserves the right to reveal your identity (or whatever information L&E knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, L&E does not claim ownership of the User Content on the Sites. You acknowledge that L&E is not responsible for the accuracy of any User Content and that you and not L&E are solely responsible for any User Content you post or upload to the Sites. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on the Sites. Under no circumstances will L&E be liable for any loss or damage caused by your reliance on any content on the Sites. By posting or uploading User Content to the Sites, you are granting L&E a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the User Content in connection with the Sites. L&E may discontinue operation of the Sites, or your use of the Sites, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Sites, and L&E has no obligation to return your User Content or otherwise make it available to you. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant L&E the rights set forth above without obligations or liability to any party, you agree to promptly notify L&E pursuant to the procedures outlined in L&E’s Intellectual Property/Copyright Policy set forth below.

 

  1. Public Forums and Interactive Communications. You acknowledge that interactive communications and public forums offered on or by the Sites are public or subject to public access. You are and shall remain solely responsible for the content you post or submit on these forums and/or elsewhere on the Sites and for the consequences of submitting and/or posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Sites is at your own risk. Although L&E reserves the right to remove without notice any posting or communication for any reason, L&E has no obligation to delete content that you may find objectionable or offensive. Information and opinions expressed in public forums or other interactive communications by third parties are not necessarily those of L&E.

 

  1. Compliance with Laws and Prohibited Uses. You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Sites in any way that violates applicable local, state, federal, or international laws, regulations, or other government requirements, including, without limitation, laws or regulations designed to protect minors. You shall not upload, post, embed, link to, email, transmit or otherwise make available through the Sites any material or content, including content gleaned from search engines, that:

 

  • Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Violates or infringes on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of L&E or any other person or entity;
  • Impersonates another, including, without limitation, the Sites webmaster, forum leader, guide or host;
  • Is unlawful, false, threatening, harmful, intimidating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, sexually explicit, lewd, filthy, excessively violent, hateful, harassing or racially, ethnically, or otherwise objectionable within the sole discretion of L&E;
  • Is an advertisement, product or service offering, promotional material, chain letter, junk mail, pyramid scheme, or “spam” or other form of solicitation of any kind, including, without limitation, links intended to divert traffic to drive unrelated off-site sales;
  • Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • Discloses any personal identifying information relating to or images or video of a child under age 18 without consent of a parent or guardian;
  • Contains a formula, instruction, or advice that could cause harm or injury;
  • Is or can be used to copy, change, prepare derivative works of, edit, rewrite, save or alter in any way any content available or displayed on the Sites; or
  • Would result in L&E having any obligation or liability to any party.

You shall not:

  • Intentionally upload, post, link to, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer/tablet/phone or hardware on telecommunications equipment;
  • Collect personal data about other users for commercial or unlawful purposes;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Sites unless otherwise expressly permitted by L&E;
  • Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; or
  • Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

 

L&E reserves the right to immediately refuse service to you for violation of this section or any of these Terms of Use.

 

  1. Not Professional Advice. The content on the Sites is provided for informational purposes only, and should not be construed as advice. The content is not intended to, and does not, constitute legal or professional advice, and may not be used for such purposes.

 

  1. Submission of Information. Although L&E may provide certain security in an effort to protect the electronic transmission of certain information that you submit to L&E through the Sites, L&E does not guarantee the security of any information transmitted to or from the Sites, including to or from any third-party websites linked to the Sites. Submission of any financial (e.g. credit card) or other information to the Sites or to any third-party websites linked to the Sites is entirely at your own risk and responsibility.

 

  1. Privacy Policy. L&E respects your privacy and will handle your personal information pursuant to L&E’s Privacy Policy. By using the Sites, you consent to the collection and use of personal information submitted by you in accordance with the Privacy Policy.

 

  1. Denial of Access L&E, for any reason and at its sole discretion, may modify, disable and/or terminate your access to the Sites or your user account, with or without notice, without liability to you, any other user or any third party.

 

  1. Third-Party Sites. The Sites may include links or provide you with access to other sites or content on the Internet that are owned, operated, and/or maintained by third parties. You acknowledge that L&E is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements. L&E is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and L&E is not responsible therein. If a third party links to the Sites, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with L&E or the Sites. L&E makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk. You assume sole responsibility for your use of third-party links and content. L&E is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website or content.

 

  1. Modifications and Interruption to Service. L&E will in good faith endeavor to provide uninterrupted service to the Sites, but you acknowledge and accept that L&E does not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be interfered with or adversely affected by numerous factors or circumstances outside of L&E’s control. You further acknowledge that you will be responsible for providing or obtaining Internet access and any hardware or software necessary to connect to the Internet or use the Sites.

 

  1. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, L&E MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. L&E SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS WEBSITE. L&E DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. L&E DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. Limitations of Liability. IN NO EVENT SHALL L&E OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTION ENTERED INTO THROUGH WEBSITE, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF L&E OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IN USING THE WEBSITE, YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT, AND YOU AGREE THAT L&E WILL INCUR NO LIABILITY FOR ANY SUCH CONTENT. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, L&E’s liability is limited to the greatest extent permitted by law.

 

  1. Governing Jurisdiction of the Courts of Tennessee. The Sites are operated and provided in the State of Tennessee. As such, L&E is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of the Sites shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Putnam County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Sites. By using the Sites, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Putnam County, Tennessee, with respect to all such disputes. L&E makes no representation that the Sites are appropriate, legal or available for use in other locations. Accordingly, if you choose to use the Sites, you agree to do so subject to the internal laws of the State of Tennessee.

 

  1. Other Terms. These Terms of Use will inure to the benefit of L&E’s successors, assigns and licensees. If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between L&E and you in relation to the Sites. L&E’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Privacy Policy, the Intellectual Property Policy are binding parts of these Terms of Use, and together with these Terms of Use constitute the entire agreement between L&E and you with respect to your use of the Sites. Any cause of action you may have with respect to your use of this Sites or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.

 

If you have any questions regarding these Terms of Use, or to report violations of these Terms of Use, please contact us at info@lennyandeva.com.