LENNY AND EVA, INC.
Effective Date: January 26, 2016.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.