Terms & conditions
LAST UPDATED DATE: JUNE 27, 2019
These Terms and Conditions set out the terms on which USER (hereinafter “You”) are permitted to use “WWW.ELIZABETHAKINYI.COM” (hereinafter “We,” “Us,” and “Our”). You agree to be bound by these T&C, by accessing this Website. We may change these Terms at any time, by posting updates to our Website. An update will be effective from the date of the update. It is the USER’S responsibility to check the T&C from time to time for such an update. We may update the functionality of the Website and add or modify new features or services. Any such update will be subject to these T&C.
1. USER RESPONSIBILITY AND ELECTRONIC COMMUNICATIONS: USER acknowledges and agrees that USER is aware of these T&C. If the USER does not agree to these T&C or does not wish to be bound by them, then the USER must not access or use our Website. When USER access or use our Website or send emails to us, USER is communicating with us electronically. USER agrees that all notices and other communications that we provide to USER electronically satisfy any legal requirement that the communications be in writing.
2. USER’S ELIGIBILITY: By using our Website and/or blog or posting any comment(s) on our Website and/or blog, USER warrant that: (i) USER is legally capable of entering into binding contracts; and (ii) User is at least 18 years old; All USERS who are minors, must have the concession of, and be directly supervised by, their parent or guardian to use our Website.
LEGAL NOTICE: IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN MUST READ AND AGREE TO THIS T&C. WE RESERVE THE RIGHT TO TERMINATE YOUR USE AND REFUSE TO PROVIDE YOU WITH ACCESS TO OUR WEBSITE IF IT IS BROUGHT TO OUR NOTICE OR IF IT IS DISCOVERED THAT USER IS UNDER THE AGE OF 18 YEARS.
3. INTELLECTUAL PROPERTY RIGHTS: For purposes of this T&C, “Property” shall mean (a) methodology for the provision of ELIZABETHAKINYI.COM Services; and (b) ideas, Website, applications, processes, code, technology, software, copyrights, logo(s) and domain name(s), patent(s), trade secret(s), trademark(s), product(s) and material(s). We hereby retain all worldwide right, title, and interest in and to the “Property.” Any rights not expressly granted herein shall be retained by ELIZABETHAKINYI.COM.
(i) Grants USER a limited, non-transferable license to share comments on a blog post in accordance with these T&C;
(ii) Reserves all rights in the Intellectual Property not expressly granted to USER; and
(iii) Reserve the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Website, features, feel, look, and functional elements and related services.
5. PROHIBITED ACTIVITIES: Other than as permitted herein, USER shall not (and USER shall not authorize others), indirectly or directly, to modify, to translate, to decompile, to disassemble or to reverse engineer any or all part of the “ELIZABETHAKINYI.COM’s Property” (the “Property”), and otherwise to attempt to discern the functioning or operation of the Website. USER shall not (and USER shall not permit others to): (i) use any scraper, spider, crawls, robot, or alternative automated means to access the ELIZABETHAKINYI.COM for any purpose without it’s express written permission; (ii) republished or copy any article(s), photo(s), video(s), or any other content from this Website without our express written permission (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or “spam” on the Website or that interfere with the proper working of the Website (including by placing an unreasonable load on the infrastructure); (v) remove any trademark, copyright or other proprietary notices from any portion of the Website; or (vi) bypass any measures we may use to prevent or restrict access to the Website or Services.
6. USE OF COMMUNICATIONS FACILITIES: When using communication facilities on the Website, including a blog post, the USER should do so in accordance with the following rules. Failure to comply with these rules may result in prosecution and deletion of USER’S Content: (a) USER must not use obscene or vulgar language; (b) USER must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is offensive, threatening, harassing, defamatory, ageist, sexist or racist; (c) USER must not submit Content that is intended to promote or incite violence; (d) USER must not submit Content that is unrelated to the published post; and (e) USER must not use our Website for unauthorized mass-communication such as spam and/or junk-mail(s).
7. USER’S ACKNOWLEDGEMENT: USER acknowledges that:
(i) We reserve the right to monitor any communications made to us or using Our Website;
(ii) We may retain copies of any communications made to us or using Our Website;
(iii) All information you send to us through our Website may be modified by us in any way, and you hereby waive your moral right to be identified as the author of such information. Any restriction(s) which USER may wish to place upon the use of the information must be communicated in advance, and ELIZABETHAKINYI.COM reserves the right to reject such terms and associated information.
8. COPYRIGHT: All Material(s) on the Website including, but not limited to, articles, photos, videos, texts, graphics, designs, logos and icons, images, clips, data compilations, layouts, underlying code, and software is the property of ELIZABETHAKINYI.COM or other relevant third parties. By continuing to use the Website USER acknowledge that such material is protected by applicable International intellectual property and other laws. USER acknowledges that the USER may not reproduce, copy, distribute, store, or re-use any material from the Website without written permission.
9. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS: Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in layouts, images, articles, photos, and descriptions belong to the owner of such material as may be applicable. USER acknowledges that USER may not reproduce, copy, distribute, store or in any other fashion re-use such Content unless otherwise indicated on the Website or unless given express written permission to do so.
10. NO WARRANTY: We attempt to be accurate with regard to information posted on our Website. However, we do not warrant that information or other Content on this Site is accurate, complete, or error-free.
11. DISCLAIMER AND LIABILITY: You expressly understand and agree that your use of the Website is at your sole risk. Our services are provided solely on an “AS IS” basis and we disclaim all warranties and liabilities, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose. ELIZABETHAKINYI.COM and its officers assume no responsibility for any consequence relating, directly or indirectly, to any action user take based on the information or other material available on the Website. Except where prohibited by applicable law, in no event will the ELIZABETHAKINYI.COM or its agents, employees, partners or third party service providers be liable for any damages (whether direct, indirect, exemplary, incidental, special, consequential or other damages (including lost profits, loss of data or loss of use) arising out of or in any way related to these terms or your use or inability to use the sites, any websites or information linked to it, any content or services made available on the Site.
12. INDEMNIFICATION: USER agrees to defend, indemnify and hold ELIZABETHAKINYI.COM and its affiliates, service providers, partners, and their respective agents, employees (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to the use of this Website or the Materials. If USER causes a technical disruption of the Sites or the systems transmitting the Site, USER agrees to be responsible for all and any losses arising or resulting from that disruption. This provision does not apply to reckless or intentional acts or gross negligence on the part of the ELIZABETHAKINYI.COM.
13. JURISDICTION AND APPLICABLE LAW: The use of the Website is to be governed by and construed in accordance with the laws of State of Washington without any conflict of laws. To the maximum extent permitted by law, USER irrevocably consents to the jurisdiction of the courts located in King County for any action or proceeding arising out of or relating to these T&C. Any cause of action brought by USER against ELIZABETHAKINYI.COM must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
At its option, the ELIZABETHAKINYI.COM may seek all remedies available to it in these terms, under the law and in equity, including injunctive relief in the form of specific performance to enforce these terms and any additional instructions, guidelines or policies issued by the ELIZABETHAKINYI.COM (including those posted on the Website).
14. ENTIRE AGREEMENT: These T&C and any policies or operating rules posted on the Site (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between USER and the ELIZABETHAKINYI.COM. No action of ELIZABETHAKINYI.COM, other than an express written waiver, may be construed as a waiver of any part of these T&C, and no employee of ELIZABETHAKINYI.COM is authorized to waive it orally.
15. WAIVER AND SEVERABILITY: If any provision of these T&C is held to be illegal, invalid or unenforceable, this will not affect any other, and the terms will be deemed altered to the extent necessary to make it legal and enforceable. The failure of either party at any time to require performance by the other party of any provision of this T&C shall in no way affect that party’s right to enforce such rules, nor shall the waiver by either party of any breach of any provision of this T&C be taken or held to be a waiver of any further violation of the same rule.