Terms of Use

 

Please read this statement carefully before using www.creativelystocked.co (the “Site”). Your access to and use of the Site is subject to the following terms and conditions, as amended from time to time, and any and all applicable laws and regulations (collectively, “Terms of Use”).

References to “you” or “your” shall apply to you individually and “we” and “our” shall apply to Auden & Company LLC. d/b/a/ Creatively Stocked (“CS”).

By accessing or using the Site in any way, you are agreeing and consenting to abide by the Terms of Use and other posted policies on the Site, including the Privacy Policy located here which have the same force and effect as if you had physically signed an agreement containing these Terms of Use. These Terms of Use constitute a binding agreement between you and Creatively Stocked, the owner and operator of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT USE OR ACCESS THE SITE.

MODIFICATION AND TERMINATION

These Terms of Use shall continue in perpetuity unless terminated by Creatively Stocked. Creatively Stocked reserves the right to modify these Terms of Use without notice and at anytime and/or to change or discontinue any aspect or feature of the Site, including without limitation, hours of availability of content and products available. Any modifications are effective and become a part of the Terms of Use when they are posted. It is your responsibility to review these Terms of Use prior to each use of the Site. Your continued access or use of the Site constitutes your acceptance of all such modifications, and your access and use of the Site will be subject to the then-current Terms of Use. Creatively Stocked may change, suspend, restrict, block or terminate these Terms of Use, access to the Site, your Account or the provision of services at any time, for any reason, with or without notice to you, in its sole discretion. You agree that Creatively Stocked shall not be liable to you or any third party for any such termination.

Access to and use of the Site is only available to persons who can enter into legally binding contracts. Without limiting the foregoing, the Site is not available to minors except under the supervision of a parent or legal guardian, and such parent or legal guardian shall be responsible for all access and use of the Site.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the Site and all of the content, materials, information and publications, including without limitation, software, code, texts, photographs, videos, stills, graphics, materials, music and sound on this Site (collectively, the “Content”), including Site Code, the compilation of Content, design, organization, graphics, advertising and the “look and feel” of the Site are owned by Creatively Stocked or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property and proprietary rights. “Site Code” means any and all underlying elements of the Site, including without limitation, source code, scripts, object code, software and other material contained on the Site.

No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the Content or any other rights owned by Creatively Stocked or its licensors in any media now known or hereafter developed without prior written consent of Creatively Stocked is prohibited. Only the rights expressly sublicensed in a License Agreement are granted on or through the Site. Except as expressly permitted under these Terms of Use and License Agreement (if any), Creatively Stocked does not grant any express or implied permission to use the Content and no portion of the Site or Content may be copied or used for any reason or by any means. You agree not to copy, download, modify, use, republish, reverse engineer, sublicense, sell, or create derivative works from the Content without, or in violation of, a License Agreement from Creatively Stocked.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “Creatively Stocked” are registered and unregistered trademarks of Creatively Stocked and their third-party licensors. You may not use the Trademarks without the written permission of Creatively Stocked.

USE OF THE SITE

The Site and Content may be used by you only as provided in these Terms of Use. It may not be taken out of context or presented in a false, misleading, derogatory, discriminatory or otherwise offensive manner. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, registered design, design right, copyright or other intellectual property right of STR in the Content or the Site. Modification of the Content or Site or use of the Content or Site in any manner that directly or indirectly suggest an association with STR is strictly prohibited.

By posting or contributing content on the Site, you are granting STR a non-exclusive, irrevocable, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work. You represent and warrant that, with respect to any content you post or upload to the Site, you have all necessary rights to submit your content to the Site and grant the license referred to herein, STR will not need to obtain any license to or pay any royalties in connection with such content, your content does not infringe on any third party’s rights or violate applicable law, and your content complies with these Terms of Use and applicable law.

You are solely responsible for providing access to the Site, including providing your own internet access, software, modems and related connectivity hardware or software.

PROHIBITED CONDUCT

It is a condition of your use of the Site, any Account and any Forum (defined below) that you do not:

  • Use the Site in any manner that is not permitted by these Terms of Use or that violates any applicable law, regulation, statute or order;

  • Gain or attempt to gain unauthorized access to the Site or any Account;

  • Post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability;

  • Post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right;

  • Post or transmit any material containing software viruses, Trojan horses, worms, or other code with malicious, disruptive or similar disabling devices;

  • Post or transmit any unsolicited advertising or spam;

  • Disrupt, overwhelm, overload, attack, modify impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner;

  • Impede or interfere with the use of the Site by other persons or another person’s Account, nor alter or tamper with any Content or information associated with the Site;

  • Impersonate any person or entity, falsely claim an affiliation with any person or third party or submit false, misleading or inaccurate information pertaining to your identity; or

  • Remove any watermarks, copyright notices or trademark notices contained in the Content.

INFRINGEMENT CLAIMS

If you believe that any Content on the Site infringes upon any copyright that you own or control, you may notify Creatively Stocked in writing at janaebryson@gmail.com. Such communication must contain the following information:

  • A description of the copyrighted work that you claim has been infringed and a description of the Content that you claim is infringing;

  • A physical or electronic signature of the copyright owner or its agent;

  • Information sufficient to permit Creatively Stocked to contact you, including an address, telephone number and email address;

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or applicable law; and

  • A statement that the information contained in your notice is accurate, and under penalty of perjury, that you are the copyright owner or its authorized agent.

MANAGEMENT OF THE SITE

You agree that Creatively Stocked has no obligation to review any content or materials uploaded or posted on the Site. Creatively Stocked has no responsibility for any such content. Creatively Stocked has the right, in its sole discretion, to accept, deny, delete, reject, move and edit any Content or other Content on the Site, whether provided by Creatively Stocked or by you. If you upload or post any content on the Site, or any content is submitted through your Account, you remain responsible for such Content.

You agree that Creatively Stocked may store personal and other information about you on your computer in the form of “cookies”. Such use of cookies is in connection with the operation of the Site. You agree that if you restrict or prohibit the use of cookies on your computer or other device, you may experience an adverse effect on your use of the Site. You also agree that Creatively Stocked may store personal information about you on its computers and systems within or outside the United States. By using or accessing the Site, you agree that Creatively Stocked may preserve or disclose your personal information if required to do so by applicable law or in good faith to comply with legal process, to enforce these Terms of Use, to respond to third party claims or to protect the rights of Creatively Stocked, its members and the public. Creatively Stocked will take commercially reasonable steps to protect your personal information, but Creatively Stocked cannot guarantee that such personal information will be confidential or secure. Creatively Stocked shall not be liable for the collection, storage, use or transmission of your personal information.

FORUM

The Site may provide services through which you can communicate with other members of the Creatively Stocked community (“Forum”). You agree only to use the Forum to post, receive or send messages in connection with Creatively Stocked products and services. Creatively Stocked has no obligation to monitor the Forum, but reserves the right to review comments posted to the Forum and to remove any comments at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Forum reflect only the view of their authors and Creatively Stocked specifically disclaims any liability with regard to the Forum and any actions resulting from your participation in the Forum. Creatively Stocked is not responsible for information that you choose to communicate to other users via the Forum, or for the actions of other users.

ACCOUNTS

You may have the opportunity to create an account to access the goods and services provided by the Site or to purchase a fee-based membership to the Site (any such account, an “Account”).

To create an Account you will select a password and username. You are solely responsible for the confidentiality of your user name and password. You may not share or transfer your user name or password with or to any person or entity. Should you believe that the security of your user name and/or password has been compromised or is no longer ...