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Posted September 1, 2013 by Maria in Uncategorized
 
 

Terms of Service


Effective Date: February 12, 2013

User Agreement

 

Introduction

 

Welcome to www.embraceherlegacy.com. This website is owned and operated by Embrace

Her Legacy, LLC . By visiting our website and accessing the information, resources, services,

products, and tools we provide, you understand and agree to accept and adhere to the following

terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). This

site is offered and available to users who are 13 years of age or older [,/and]] [reside in the

United States or any of its territories or possessions and] [SPECIFY OTHER ELIGIBILITY

REQUIREMENTS]. By clicking “I Agree,” you represent and warrant that you [are of legal age

to form a binding contract with us and meet all of the foregoing eligibility requirements. If you

do not meet all of these requirements, you must not access or use the site.]

 

We reserve the right to change this User Agreement from time to time without notice. [In

the U.S., courts are more likely to enforce an agreement if there’s an “I agree” button or the user

must scroll through the document. See Hines v. Overstock.com, Inc., 09 CV 991 (SJ) (E.D.N.Y.

Sept. 4, 2009) Consequently, this document should, at a minimum, be a “click through” or “I

agree” at the point where a user wishes to place an order.] You acknowledge and agree that it is

your responsibility to review this User Agreement periodically to familiarize yourself with any

modifications. Your continued use of this site after [such modifications/clicking “I Agree”] will

constitute acknowledgment and agreement of the modified terms and conditions. Any changes

will be effective only after the effective date of the change and will not affect any dispute arising

prior to the effective date of the change. [See Harris v. Blockbuster Inc., 3:09-cv-00217-M (Apr.

15, 2009))

 

Responsible Use and Conduct

 

By visiting our website and accessing the information, resources, services, products, and tools

we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree

to use these Resources only for the purposes intended as permitted by (a) the terms of this User

Agreement, and (b) applicable laws, regulations and generally accepted online practices or

guidelines.

 

This User Agreement permits you to use the site for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly

perform, republish, download, store or transmit any of the material on our Website, except as

follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your

accessing and viewing those materials.

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• You may store files that are automatically cached by your Web browser for display

enhancement purposes.

• You may print [or download] one copy of a reasonable number of pages of the site for

your own personal, non-commercial use and not for further reproduction, publication or

distribution.

• If we provide desktop, mobile or other applications for download, you may download

a single copy to your computer or mobile device solely for your own personal, non-
commercial use, provided you agree to be bound by our end user license agreement for

such applications.

• If we provide social media features [www.facebook.com/EmbraceHerLegacy,

www.twitter.com/EmbraceLegacy;www.youtube.com/EmbraceHerLegacy;

www.pinterest.com/EmbraceLegacy,

www.linkedin.com/groups?gid=4425501&trk=hb_side_g ] with certain content, you may

take such actions as are enabled by such features. We may disable all or any social media

features and any links at any time without notice in our discretion.

Wherein, you understand that:

 

a. In order to access our Resources, you may be required to provide certain information about

yourself (such as identification, contact details, etc.) as part of the registration process, or as part

of your ability to use the Resources. You agree that any information you provide will always be

accurate, correct, and up to date.

 

b. You are responsible for maintaining the confidentiality of any login information associated

with any account you use to access our Resources. Accordingly, you are responsible for all

activities that occur under your account/s. If you choose, or are provided with, a user name,

password or any other piece of information as part of our security procedures, you must treat

such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other

person with access to this site or portions of it using your user name, password or other security

information. You agree to notify us immediately of any unauthorized access to or use of your

user name or password or any other breach of security. You also agree to ensure that you exit

from your account at the end of each session. You should use particular caution when accessing

your account from a public or shared computer so that others are not able to view or record your

password or other personal information.

 

c. Accessing (or attempting to access) any of our Resources by any means other than through

the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to

access) any of our Resources through any automated, unethical or unconventional means.

 

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers

and/or networks to which our Resources are located or connected, is strictly prohibited.

 

e. Attempting to sell, trade, or resell our Resources is strictly prohibited.

 

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f. You must comply with all applicable federal, state, local or international law or regulation.

You are solely responsible any consequences, losses, or damages that we may directly or

indirectly incur or suffer due to any unauthorized activities conducted by you, as explained

above, and may incur criminal or civil liability.

 

g. We may provide various open communication tools on our website, such as blog comments,

blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews,

various social media services, etc. You understand that generally we do not pre-screen or

monitor the content posted by users of these various communication tools, which means that

if you choose to use these tools to submit any type of content to our website, then it is your

personal responsibility to use these tools in a responsible and ethical manner. By posting

information or otherwise using any open communication tools as mentioned, you agree that you

will not upload, post, share, or otherwise distribute any content that:

 

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating,

fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate,

or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right

of any party;

ii. Contains any type of unauthorized or unsolicited advertising, including any

transmission, or procuring the sending of, any advertising or promotional material

[without our prior written consent], including any “junk mail”, “chain letter” or “spam” or

any other similar solicitation.

iii. Impersonates any person or entity, including any www.embraceherlegacy.com

employees or representatives.

iv. Introduces any viruses, trojan horses, worms, logic bombs or other material which is

malicious or technologically harmful;

v. Attacks the site via a denial-of-service attack or a distributed denial-of-service attack,

or otherwise attempts to interfere with the proper working of the site.

 

We have the right at our sole discretion to remove any content that, we feel in our judgment does

not comply with this User Agreement, along with any content that we feel is otherwise offensive,

harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are

not responsible for any delay or failure in removing such content. If you post content that we

choose to remove, you hereby consent to such removal, and consent to waive any claim against

us. As further described in our {Privacy Policy <http://www.embraceherlegacy.com/privacy-
policy/> and without limiting the foregoing, we have the right to fully cooperate with any law

enforcement authorities or court order requesting or directing us to disclose the identity or other

information of anyone posting any materials on or through the site.

 

h. We do not assume any liability for any content posted by you or any other 3rd party users of

our website. However, any content posted by you using any open communication tools on our

website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks,

becomes the property of Embrace Her Legacy, LLC , and as such, gives us a perpetual,

irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate,

publish, publicly display and/or distribute as we see fit. This only refers and applies to content

52542150.1 – 3 –

posted via open communication tools as described, and does not refer to information that is

provided as part of the registration process, necessary in order to use our Resources.

 

i. You agree to indemnify and hold harmless Embrace Her Legacy, LLC and its parent company

and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors,

from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees,

resulting from any violation of this User Agreement or the failure to fulfill any obligations

relating to your account incurred by you or any other person using your account. We reserve the

right to take over the exclusive defense of any claim for which we are entitled to indemnification

under this User Agreement. In such event, you shall provide us with such cooperation as is

reasonably requested by us.

 

LIMITATION OF WARRANTIES

 

BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES

WE PROVIDE ARE “AS IS” AND “AS AVAILABLE”. THIS MEANS THAT WE DO NOT

REPRESENT OR WARRANT TO YOU THAT:

I) THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR

REQUIREMENTS.

II) THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY,

SECURE OR FREE FROM ERRORS.

III) THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE

ACCURATE OR RELIABLE, AND

IV) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY

RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.

 

FURTHERMORE, YOU UNDERSTAND AND AGREE THAT:

 

V) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH

THE USE OF OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND

RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO

YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY

RESULT FROM THE DOWNLOAD OF SUCH CONTENT.

VI) NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED,

ORAL OR WRITTEN, OBTAINED BY YOU FROM EMBRACE HER LEGACY,

LLC OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY

WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR

THOSE EXPRESSLY OUTLINED IN THIS USER AGREEMENT.

 

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY

WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR

PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES

WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

52542150.1 – 4 –

 

IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED

ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM

AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE

OF PRODUCTS AND/OR SERVICES. EMBRACE HER LEGACY, LLC WILL NOT

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR

EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A

RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA

LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE

FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY. THE

FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED

OR LIMITED UNDER APPLICABLE LAW.

 

Copyrights/Trademarks

 

All content and materials available on www.embraceherlegacy.com, including but not limited

to text, graphics, website name, code, images and logos are the intellectual property of

Embrace Her Legacy, LLC , and are protected by applicable copyright and trademark law.

Any inappropriate use, including but not limited to the reproduction, distribution, display or

transmission of any content on this site is strictly prohibited, unless specifically authorized by

Embrace Her Legacy, LLC. You may not delete or alter any copyright, trademark or other

proprietary rights notices from copies of materials from this site. You may not use any manual

process to monitor or copy any of the material on the site or for any other unauthorized purpose

without our prior written consent.

 

Termination of Use

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part

of our website and Resources with or without notice and for any reason, including, without

limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity

may be grounds for terminating your relationship and may be referred to appropriate law

enforcement authorities. Upon suspension or termination, your right to use the Resources we

provide will immediately cease, and we reserve the right to remove or delete any information

that you may have on file with us, including any account or login information.

 

Governing Law

 

This website is controlled by Embrace Her Legacy, LLC . It can be accessed by most countries

around the world. By accessing our website, you agree that the statutes and laws of New York,

without regard to the conflict of laws and the United Nations Convention on the International

Sales of Goods, will apply to all matters relating to the use of this website and the purchase of

any products or services through this site.

 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state

courts in the Borough of Manhattan, New York. You hereby agree to personal jurisdiction by

such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such

52542150.1 – 5 –

courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be

deemed a further or continuing waiver of such term or condition or a waiver of any other term or

condition, and any failure of the Company to assert a right or provision under these Terms of Use

shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent

jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be

eliminated or limited to the minimum extent such that the remaining provisions of the Terms of

Use will continue in full force and effect.

Entire Agreement

The Terms of Use [and/,] our Privacy Policy] [Terms of Sale] [and] [LIST OTHER RELEVANT

DOCUMENTS OR POLICIES]] constitute the sole and entire agreement between you and

[COMPANY NAME] with respect to the Website and supersede all prior and contemporaneous

understandings, agreements, representations and warranties, both written and oral, with respect

to the Website.

Your Comments and Concerns

This website is operated by [Embrace Her Legacy] [P.O. Box 5561, New York, NY 10185-

5561].

If you believe that any of the materials on the site infringe on any of your intellectual property

rights, please contact us immediately at the address provided below. Except as expressly

provided herein, we and the third parties reserve all rights with respect to the materials, and may

pursue all legally available options under both civil and criminal laws (and may cooperate with

law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States

Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our

Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE

WILL NOT RECEIVE A RESPONSE. <link to separate Infringement Notice>

All other feedback, comments, requests for technical support and other communications relating

to the Website should be directed to: Embrace Her Legacy LLC,

info@embraceherlegacy.com

I am of legal age to enter into this User Agreement.

[I Accept]

52542150.1 – 6 –

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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR

NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR

COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES

WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the

following Designated Agent:

Service Provider(s): Embrace Her Legacy, LLC

Name of Agent Designated to Receive

Notification of Claimed Infringement: Maria I. Melendez

Full Address of Designated Agent to

Which Notification Should be Sent: 215 Cozine Ave Brooklyn, NY 11207

Telephone Number of Designated Agent: 347.678.0636

Facsimile Number of Designated Agent: 718.649.6531

Email Address of Designated Agent: maria@embraceherlegacy.com

To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of

an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple

copyrighted works at a single online site are covered by a single notification, a

representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of

infringing activity and that is to be removed or access to which is to be disabled, and

information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the

Complaining Party, such as an address, telephone number, and if available, an electronic

mail address at which the complaining party may be contacted;

5. A statement that the Complaining Party has a good faith belief that use of the material in

the manner complained of is not authorized by the copyright owner, its agent, or the law;

and

6. A statement that the information in the notification is accurate, and under penalty of

perjury, that the Complaining Party is authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed.


Maria

 


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