TERMS OF USE, COPYRIGHT AND TRADEMARKS
Welcome to Inspiration Abounds the parent company of Inspiration A Studio! Please take a few minutes to review our Terms of USE. Your usage of this site including purchasing constitutes your agreement to follow these TERMS and CONDITIONS and to be bound by them. Please note, the following Terms apply equally and in full to both the parent Co. Inspiration Abounds and Inspiration A Studio.
COPYRIGHT
Copyright © 2010 Inspiration Abounds. All rights reserved. All website contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by Inspiration Abounds and its suppliers. You may use it as a shopping and service resource, its intended use, when you do business with us but not otherwise, and may not make full or partial copies except as specifically permitted.
USERS LICENSE
Inspiration Abounds grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Inspiration Abounds that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Inspiration Abounds relating to the sale of products or services to you through this Site, Inspiration Abounds will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Copyright © 2010 Inspiration Abounds. All rights reserved. All website contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by Inspiration Abounds and its suppliers. You may use it as a shopping and service resource, its intended use, when you do business with us but not otherwise, and may not make full or partial copies except as specifically permitted.
USERS LICENSE
Inspiration Abounds grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Inspiration Abounds that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Inspiration Abounds relating to the sale of products or services to you through this Site, Inspiration Abounds will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
TRADEMARKS
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Inspiration Abounds. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Inspiration Abounds aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Inspiration Abounds, Inspiration Abounds logo or the other Inspiration Abounds formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Inspiration Abounds. Inspiration Abounds prohibits use of Inspiration Abounds logo as part of a link to or from any site unless establishment of such a link is approved in advance by Inspiration Abounds in writing. Fair use of Inspiration Abounds’s name, logo or other formatives requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
OWNERSHIP
Inspiration Abounds owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Inspiration Abounds is the owner of the copyright in the entire Site and Services. Inspiration Abounds owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Inspiration Abounds and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.
PRODUCT INFORMATION
While we will use our best efforts to fulfill all orders, Inspiration Abounds cannot guarantee the availability of any particular product displayed on this Web Site. Inspiration Abounds reserves the right to discontinue the sale of any product listed on this Web Site at any time without notice. Due to the nature of our inventory, pricing & availability are subject to change at any time without notice.
The prices displayed on this Web Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
SITE CONTENT
While our goal is a 100% error-free Web Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Inspiration Abounds reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
COLORS
We have done our best to display as accurately as possible the colors of the products shown on this Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Inspiration Abounds. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Inspiration Abounds aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Inspiration Abounds, Inspiration Abounds logo or the other Inspiration Abounds formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Inspiration Abounds. Inspiration Abounds prohibits use of Inspiration Abounds logo as part of a link to or from any site unless establishment of such a link is approved in advance by Inspiration Abounds in writing. Fair use of Inspiration Abounds’s name, logo or other formatives requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
OWNERSHIP
Inspiration Abounds owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Inspiration Abounds is the owner of the copyright in the entire Site and Services. Inspiration Abounds owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Inspiration Abounds and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.
PRODUCT INFORMATION
While we will use our best efforts to fulfill all orders, Inspiration Abounds cannot guarantee the availability of any particular product displayed on this Web Site. Inspiration Abounds reserves the right to discontinue the sale of any product listed on this Web Site at any time without notice. Due to the nature of our inventory, pricing & availability are subject to change at any time without notice.
The prices displayed on this Web Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
SITE CONTENT
While our goal is a 100% error-free Web Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Inspiration Abounds reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
COLORS
We have done our best to display as accurately as possible the colors of the products shown on this Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
WARRANTIES and PRODUCT WARNINGS
Inspiration Abounds makes no independent warranties, authenticities or product information whatsoever in regard to the artwork or products on this site nor do we prepare or provide warranties, authenticity or product information beyond that provided by the artist or creator. Any warranties, authenticity or other product information are provided to us by the artists or creators. Under certain circumstances, the materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the artist. If the product information contains warnings about risks of this type, you assume all responsibility for such use. For example, not all decorative objects can be used for eating and/or drinking; some are only for display and viewing pleasure.
USER COMMENTS, FEEDBACK and OTHER SUBMISSSIONS and UNSOLICITED MATERIALS
Unless specifically requested, Inspiration Abounds does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.
We welcome your comments regarding the Inspiration Abounds Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Inspiration Abounds shall be and remain the exclusive property of Inspiration Abounds. Your submission of any such Comments shall constitute an assignment to Inspiration Abounds of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Inspiration Abounds will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
USER CONDUCT
You warrant and agree that, while using the Site, you shall not:
Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
Restrict or inhibit any other User from using and enjoying the Site;
Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Impersonate, or misrepresent your affiliation with any other person or entity;
Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
Engage in spamming or flooding; or
Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold Inspiration Abounds, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.
CONTACTING US
All questions, comments or inquiries may be directed to:
Inspiration Abounds. P.O. Box 145, Sag Harbor, NY 11963
Although Inspiration Abounds will in most circumstances be able to receive your correspondence, Inspiration Abounds does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.
Inspiration Abounds makes no independent warranties, authenticities or product information whatsoever in regard to the artwork or products on this site nor do we prepare or provide warranties, authenticity or product information beyond that provided by the artist or creator. Any warranties, authenticity or other product information are provided to us by the artists or creators. Under certain circumstances, the materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the artist. If the product information contains warnings about risks of this type, you assume all responsibility for such use. For example, not all decorative objects can be used for eating and/or drinking; some are only for display and viewing pleasure.
USER COMMENTS, FEEDBACK and OTHER SUBMISSSIONS and UNSOLICITED MATERIALS
Unless specifically requested, Inspiration Abounds does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.
We welcome your comments regarding the Inspiration Abounds Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Inspiration Abounds shall be and remain the exclusive property of Inspiration Abounds. Your submission of any such Comments shall constitute an assignment to Inspiration Abounds of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Inspiration Abounds will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
USER CONDUCT
You warrant and agree that, while using the Site, you shall not:
Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
Restrict or inhibit any other User from using and enjoying the Site;
Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Impersonate, or misrepresent your affiliation with any other person or entity;
Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
Engage in spamming or flooding; or
Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold Inspiration Abounds, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.
CONTACTING US
All questions, comments or inquiries may be directed to:
Inspiration Abounds. P.O. Box 145, Sag Harbor, NY 11963
Although Inspiration Abounds will in most circumstances be able to receive your correspondence, Inspiration Abounds does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.
Indemnification
You agree to indemnify, defend and hold harmless Inspiration Abounds, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Inspiration Abounds reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of Inspiration Abounds.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REED BUSINESS INFORMATION DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. REED BUSINESS INFORMATION MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REED BUSINESS INFORMATION OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LINKS to OTHER SITES
The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by Inspiration Abounds or any of its subsidiaries and affiliates of any third party, its site, resources or contents. Inspiration Abounds cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. Inspiration Abounds has no control over these sites or the content within them. Inspiration Abounds doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Digital Millennium Copyright Act Agent. POLICY and NOTIFICATION
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Limitation of Liability; Exclusion of Damages
Inspiration Abounds is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services. Inspiration Abounds disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Inspiration Abounds is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services
Inspiration Abounds AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS. UNDER NO CIRCUMSTANCES SHALL Inspiration Abounds, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Inspiration Abounds, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These TERMS and CONDITIONS may Change
Inspiration Abounds reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Inspiration Abounds Web Sites following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web Site.
NON-UNITED STATES RESIDENTS
Inspiration Abounds makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ADDITIONAL REMEDIES
You agree that monetary damages may not provide a sufficient remedy to Inspiration Abounds for your violation of these Terms, and, accordingly, you acknowledge and agree that Inspiration Abounds is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Inspiration Abounds under this Agreement, at law or in equity. Inspiration Abounds may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful orharmful activity. Inspiration Abounds is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
SURVIVAL
The provisions titled "Ownership" "Changes to Site or Services; "Termination" Inspiration Abounds's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Suffolk County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Inspiration Abounds with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Inspiration Abounds of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Inspiration Abounds must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Modified November 2010
You agree to indemnify, defend and hold harmless Inspiration Abounds, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Inspiration Abounds reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of Inspiration Abounds.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REED BUSINESS INFORMATION DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. REED BUSINESS INFORMATION MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REED BUSINESS INFORMATION OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LINKS to OTHER SITES
The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by Inspiration Abounds or any of its subsidiaries and affiliates of any third party, its site, resources or contents. Inspiration Abounds cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. Inspiration Abounds has no control over these sites or the content within them. Inspiration Abounds doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Digital Millennium Copyright Act Agent. POLICY and NOTIFICATION
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Limitation of Liability; Exclusion of Damages
Inspiration Abounds is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services. Inspiration Abounds disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Inspiration Abounds is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services
Inspiration Abounds AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS. UNDER NO CIRCUMSTANCES SHALL Inspiration Abounds, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Inspiration Abounds, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These TERMS and CONDITIONS may Change
Inspiration Abounds reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Inspiration Abounds Web Sites following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web Site.
NON-UNITED STATES RESIDENTS
Inspiration Abounds makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ADDITIONAL REMEDIES
You agree that monetary damages may not provide a sufficient remedy to Inspiration Abounds for your violation of these Terms, and, accordingly, you acknowledge and agree that Inspiration Abounds is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Inspiration Abounds under this Agreement, at law or in equity. Inspiration Abounds may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful orharmful activity. Inspiration Abounds is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
SURVIVAL
The provisions titled "Ownership" "Changes to Site or Services; "Termination" Inspiration Abounds's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Suffolk County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Inspiration Abounds with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Inspiration Abounds of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Inspiration Abounds must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Modified November 2010