WEBSITE TERMS AND CONDITIONS OF USE
The Effective Date of these Terms and Conditions of Use is June 2nd, 2009.
Please read the following sections carefully as they contain the Terms and Conditions of Use that will govern the use of the thebeautifullybroken.com website (the “Site”). Additionally, you should review the Site’s Privacy Policy. Inquiries or concerns regarding these Terms and Conditions of Use or the Site’s Privacy Policy may be sent by any of the following: via e-mail to administrator@andeylaenterprises.com, or by mail to:
Andeyla Enterprises, LLC
Attn: TBB Web Site Terms and Conditions
3787 State Hwy 248
Reeds Spring, MO 65737
AGREEMENT
The Site is owned and operated by Andeyla Enterprises, LLC, an Iowa limited liability company. This Agreement is between you (“you”, “user”) and Andeyla Enterprises, LLC (“Andeyla”, “We”). These Terms and Conditions of Use constitute a legally binding agreement (the “Terms and Conditions of Use”, “Agreement”) between you and Andeyla. It is your responsibility to carefully read these Terms and Conditions of Use before using the Site. Use of the Site will be considered acceptance of these Terms and Conditions of Use.
Andeyla has the right to modify these Terms and Conditions of Use and, thus, you should review them periodically. Every time you use the Site, you agree to the Terms and Conditions of Use as they exist at that time.
If you do not agree to these Terms and Conditions of Use, then you may not use the Site.
INTELLECTUAL PROPERTY
The Site and all materials available on the Site are the property of Andeyla or its licensors and are protected by copyright, trademark and other intellectual property laws. Andeyla provides the Site solely for personal and non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Andeyla’s or its licensor’s intellectual property rights. However, you may download and/or print one copy of individual pages of the Site or documents and files available for free download for your personal, non-commercial use.
You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Site (collectively, the “Content”), are the sole responsibility of the person from whom the Content originated. By posting or submitting any Content you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By posting or submitting any Content you represent that the Content you post does not infringe on any third party intellectual property rights, including the trademarks or copyrights of others. Andeyla reserves the right to remove any posted or submitted Content from the Site at its sole discretion.
Andeyla does not claim ownership of material you submit to the Site; however, by posting or submitting material to the Site, you grant Andeyla a perpetual, irrevocable, worldwide, royalty free and fully sub-licensable license to use your material, including without limitation, the license right to: use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.
USER REGISTRATION
You are required to register in order to access certain features of the Site. You will choose a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
You must be at least 13 years of age to use and/or register on the Site. If you are between the ages of 13 and 18 you may use and register on the Site with the consent and involvement of parent or legal guardian. By registering on the Site, you assert that you are over 18 years of age or that, as parent or guardian, you agree to these Terms and Conditions of Use and our Privacy Policy and authorize your child who is between the age of 13 and 18 to use this Site subject to your responsibility for their conduct.
You also assert your information is true and accurate to the best of your knowledge. You agree not to submit false or misleading information such as age, name, address, e-mail, and phone number when registering on the Site. By registering with the Site, you consent to receive periodic communication from Andeyla or its licensees by e-mail regarding the status of your account, other information associated with your account or your use of the Site, or other information Andeyla determines in its sole discretion may be of interest to you.
Federal and State Laws
When using the Site, you must obey all applicable federal, state and local laws. This Site was created and will be operated in the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your privilege to access the Site.
PRIVACY
You have read the Andeyla’s Privacy Policy Privacy Policy, set as posted on the Site, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Andeyla in accordance with the terms of and for the purposes set forth in the Andeyla’s Privacy Policy. You also acknowledge that Andeyla may change the Privacy Policy from time to time and will make the updated version of the Privacy Policy available on the Site. The undated versions of the Privacy Policy shall apply to all data pertaining to you and/or your account as of the date when the updated Privacy Policy is posted. If you disagree with the provisions of any future updated Privacy Policy, you should discontinue use of this Site. Otherwise, your continued use of the Site will be deemed to be your consent to and agreement with all provisions of such updated Privacy Policies. You further agree that all data in or in any way associated with your use of this Site or your account is the property of Andeyla and may be used by Andeyla in accordance with the Privacy Policy.
PROHIBITED ACTIVITIES
The following activities are expressly prohibited from the site:
No Commercial Use: No use of the Site for any commercial purpose, such as conducting the sale of tickets, merchandise, or services of any kind. Without limiting the aforementioned, you may not resell or link to other sites for the purpose of selling tickets of any kind.
No Fraud or Manipulation: User shall not manipulate or misuse the Site in any other way.
No Offensive Content: You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind. No Illegal Material Or Encouragement Of Illegal Behavior: You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. You will not use the Site to commit a crime, or to plan, encourage or help others to commit a crime.
No Violation Of Copyright, Trademark Or Trade Secret Rights: You agree that you will not use the Site to distribute or disseminate another’s proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
No “Spamming,” Advertisements Or Chain Letters: You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit requests for money to persons, petitions for signature, chain letters or letters relating to pyramid schemes. You will not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation in violation of this provision.
No “Hacking”: You agree that you will not use, or allow others to use, your account to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
No “Mining”: You may not use and robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained hereon without Andeyla’s prior, express, written consent.
No System Disruption: You may not use, or allow others to use, your account to cause disruption of the normal use of the system by others including without limitation disrupting our backbone network, nodes, or services.
No Impersonation of Others: You agree that you will not impersonate another user or otherwise falsify one’s user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
No “Viruses”: You agree that you will not use, nor allow others to use, your account to intentionally transmit computer “viruses,” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
No Harvesting of Other’s Information: You agree you will not harvest or collect information about other Site users without their consent.
Right to Remove: Andeyla reserves the right not to post any data or materials to, or to remove any data or materials from, the Site, without notice to a User and without liability to Andeyla. User hereby releases Andeyla from any claims or allegations that may result from such removal.
Any violations of the preceding provisions will result in charges to the User equal to $150 per hour (or the standard applicable rate at that time) for all time spent by each member of Andeyla personnel required to address any damages caused by or resulting from User’s actions which violate these provisions.
MERCHANDISE
Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by Andeyla (or any agent, subcontractor, or other third party working on Andeyla’s behalf) to its carrier. Andeyla offers for sale various items of merchandise on the Site and strives to accurately describe all merchandise; however, Andeyla and its affiliates do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. All sale transactions completed through the Site are final and are not subject to return. Andeyla has a no-return policy and by using the Site to purchase merchandise, you agree to be bound by Andeyla’s no-return policy.
WARRANTIES AND LIMITATIONS OF LIABILITY
THE INFORMATION AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANDEYLA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL ANDEYLA, OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET GENERALLY.
USER HEREBY RELEASES AND FOREVER DISCHARGES ANDEYLA AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO YOUR USE OF THIS SITE OR THE INFORMATION PROVIDED THEREIN, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF ANDEYLA, IN OPERATING THE SITE OR OTHERWISE.
ANDEYLA HEREBY DISCLAIMS ANY RESPONSIBILITY FOR USER’S INFRINGEMENT OF OR DAMAGE TO THIRD PARTY INTELLECTUAL PROPERTY.
Note that rights with respect to warranties, express and implied, vary from jurisdiction to jurisdiction and you may have legal rights in your jurisdiction, for which you will be solely responsible for asserting. The terms of this section will survive the termination of this Agreement.
INDEMNITY
User hereby agrees to, at its own expense, indemnify, defend and hold harmless Andeyla and its affiliates, agents, employees, directors, shareholders and contractors (the “Indemnified Parties”) from and against any loss, cost, or damages, liability and/or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by User, (b) any fraud, manipulation, or other breach of this Agreement by User, or (c) any third-party claim, action or allegation brought against an Indemnified Party arising out of or relating to a dispute between one or more Users.
TERMINATION OF AGREEMENT
Suspension or Termination for User’s Breach: Andeyla may, at its discretion and at any time, suspend use of the Site (including access) and/or terminate this Agreement. User’s access to the Site may be terminated automatically if User materially fails to comply with any terms or conditions of this Agreement.
Termination by User: This Agreement is and shall be effective from the date of full execution and shall remain in force until terminated. Either party may terminate this Agreement by giving written notice to the other at any time. Such written notice shall be provided per the Agreement below and will become effective immediately upon receipt.
Effect of Termination: Termination is additional to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, User shall cease to use any information or services provided under this Agreement.
ENFORCEMENT
No termination, regardless of reason or cause, shall relieve User from the continued performance of its obligations established under this Agreement. The obligations imposed by this Agreement on User shall be enforceable both at law and in equity, by injunction, restraining order, specific performance, damages, lost profits and other remedies, and without any requirement that Andeyla post any bond or other security or prove actual damages. User hereby waives any such bond or security requirements. Should Andeyla incur attorneys’ fees or costs in order to enforce this Agreement, whether or not a legal action is instituted, Andeyla shall be entitled to recover such attorneys’ fees and costs from User, in addition to all other rights and remedies it may have at law or in equity. The right of Andeyla to obtain any such remedy or remedies shall be cumulative and not alternative and shall not be exhausted by any one or more uses thereof.
GENERAL PROVISIONS
Severability: If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
License: Andeyla grants you a personal, non-exclusive, and non-transferable right to access and use the content on the The Beautifully Broken website. All use must be in accordance with these Terms and Conditions of Use, including those stated in the Privacy Policy.
Advertisers/Third Parties: User’s dealings or correspondence with advertisers or third parties featured on or hyperlinked (with permission) to our Site, including the purchase of and payment for goods and services, and any understandings and representations associated with such dealings are solely between User and the advertisers and/or third parties. User agrees that Andeyla is not responsible or liable for any loss incurred by User that results from User’s Site or in connection with any hyperlink. Andeyla makes no representations or endorsements in connection with such sites. If User accesses any of the third party sites linked to this Site, it does so entirely at its own risk. Use of any information obtained from such sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Andeyla cannot comment on or take responsibility for the privacy policies (if any) that apply to any such third party sites.
Governing Law: The laws of the State of Iowa (excluding its choice of law rules) will govern the interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of Iowa for any action arising out of or relating to the use of the Site or actions of Andeyla related thereto. The federal and state courts of Iowa will have non-exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this section will survive any termination of this Agreement.
Force Majeure: Neither party shall be held liable for delays in any of its performance resulting from acts of God, war, civil disturbance, court order, labor dispute or any other cause beyond its control.
Sales Outside of the United States: This Site may contain products, merchandise and services that are available in the United States of America or its territories. Because this Site is operated in the State of Iowa, Andeyla makes no representation that the Site, the Site’s contents, or services offered through it are applicable or appropriate for use or consumption outside of the United States of America or its territories.
System Integrity: User may not use any software, scheme or device to interfere or attempt to interfere with the proper working of the Site. User may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
Typographical Errors: Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the content of the Site as accurate as possible, but Andeyla does not warrant that the content of the Site is accurate, complete, reliable, current, or error-free.
Notices: Except as explicitly stated otherwise, notices shall be provided to Andeyla by postal mail to:
Andeyla Enterprises, LLC
161 Notch Lane 23-1
Reeds Spring, MO 65737
Andeyla shall provide you notice by posting a notice at the top of this Terms and Conditions of Use page. In such case, notice shall be deemed given twenty-four (24) hours after posting. Andeyla may also provide notice to the User via the email address provided by User during the registration or purchasing process. Notice shall be deemed given twenty (24) hours after email is sent. Alternatively, Andeyla may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Andeyla during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Contact Information: All questions and comments may be addressed by emailing us at administrator@andeylaenterprises.com.
COPYRIGHT COMPLAINTS
Andeyla respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Andeyla’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location of the material that you claim is infringing is located on this website;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Andeyla’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
Email: administrator@andeylaenterprises.com
OR
Mail:
Andeyla Enterprises, LLC
Attn: TBB Web Site Terms and Conditions
161 Notch Lane 23-1
Reeds Spring, MO 65737
MODIFICATION OF THE TERMS OF USE
Andeyla reserves the right to modify these Terms and Conditions of Use at any time at its sole discretion. Each time that you access the Site, you will have been deemed to accept the Terms and Conditions of Use.