Binding Legal Agreement Between
This Website and Users
INTRODUCTION TO WEBSITE TERMS AND CONDITIONS
These Website Standard Terms And Conditions (“Terms and Conditions”) contained on this webpage shall govern your use of this website, including all pages within this website (collectively referred to as “Website”). These Terms and Conditions apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms and Conditions contained herein in full. You must not use this Website if you have any objection to any of these Terms and Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you shall be in violation of these Terms and Conditions if you use this Website and you are a minor.
INTELLECTUAL PROPERTY RIGHTS
Under these Terms and Conditions, LesleyK Productions, LLC and/or its licensors and licensees (“Owner,” “us” or “we”) own or have licensed all rights to the intellectual property and material contained in this Website, including but not limited to all copyrights, trademarks, and tradenames, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for purposes of viewing the material contained on this Website.
You are expressly restricted from all of the following activities:
publishing any Website material in any media;
selling, sublicensing and/or otherwise disseminating or commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to any applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you. Owner may further restrict access by you to any additional areas of this Website at any time in its sole and absolute discretion. Any user identification and password you may have for this Website are confidential and, in accord with these Term and Conditions, are not to be shared with any other individual or entity.
The content accessible to you on this Website (“proprietary information” or “content”) belongs to the Website or to third parties who have authorized the use of their proprietary information to the Website.
The proprietary information on the Website is protected by U.S. and/or international copyright law as proprietary information. Each document, post or page at this Website shall contain the Website or Website publisher’s copyright notice and/or, where necessary, that of a third party who has granted the Website the right to publish that third party’s proprietary information.
The Website’s proprietary information may not be used, including but not limited to being copied, distributed, republished, uploaded, posted, reproduced, altered, duplicated, or transmitted for commercial purposes without prior written permission from the Website. Website content may be downloaded only for personal, non-commercial, educational purposes. All other rights are reserved.
You are prohibited from using, including but not limited to copying, distributing, republishing, uploading, posting, reproducing, altering, duplicating or transmitting any of the marks or logos appearing in any location on the Website without the express written permission of the Website. This prohibition applies to all marks or logos, including those that are registered and marked with an “R” in a circle, those marked by “TM,” or those standing alone.
CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
Notifications of claimed copyright or trademark infringement by this Website should be sent to the Website at its designated mailing address which is provided below.
USER SURRENDERS PROPRIETARY RIGHTS IN SUBMISSIONS
The user gives his/her consent for the Website to use all content, remarks, suggestions, ideas, graphics, or other information communicated by the user to or through the Website (the “Submission”). The Website shall be free to use the Submission in the Website’s business in any way that the Website chooses (including without limitation, for products or advertising) and in any form, media, or technology now known or later developed without incurring any liability for royalties or any other consideration of any kind. This license is perpetual, worldwide, and non-exclusive.
Thus, user Submissions shall not be regarded as the user’s confidential, private or proprietary information or that of any third party known to the user. The user guarantees and warrants that the user has the legal and proprietary right to post or communicate the Submission to the Website and that by doing so, the user is not violating any law or the rights of any other person or entity.
USER’S LIABILITY FOR SUBMISSIONS THAT INFRINGE ON THIRD PARTY’S PROPRIETARY OR PRIVACY RIGHTS
The user agrees that the Website shall not incur any liability as a result of any similarities between the user’s Submission and the Website’s present or future content, in whole or in part, in any form, media, or technology now known or later developed.
By making a Submission, you are guaranteeing and warranting that you have the legal right to post or otherwise communicate the Submission and that it will not violate any law or the rights of any person or entity. If your guarantee or warranty is false or is claimed to be false and the Website is threatened with legal action and/or made a party to a lawsuit or arbitration resulting from the Website’s use of your Submission, you agree that you shall be financially responsible for the defense of the Website and any persons or entities associated with the Website who are also threatened with legal action and/or made parties to the lawsuit or arbitration. Thus, you agree you shall indemnify the Website and associated persons or entities for all reasonable and customary attorneys’ fees, court fees, arbitration fees and administrative costs, as well as any settlement figure agreed to by the Website and the party who either threatens to bring or brings a legal action. You agree to these terms of indemnification (a) whether or not any arbitrator, lower court or appellate court makes any preliminary or final determination in any lawsuit, and (b) whether or not the Website is found liable, in whole or in part.
THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION, PRODUCTS OR SERVICES PRESENTED ON, BY OR THROUGH THE WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, COMPLETENESS, SECURITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE TO EXPECT TO ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS RESULTING FROM YOUR USE OF OR COMMUNICATION THROUGH THIS WEBSITE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE WEBSITE OR COMMUNICATED VIA THE WEBSITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
THE WEBSITE AND THOSE ASSOCIATED WITH IT, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE WEBSITE AND THOSE ASSOCIATED WITH IT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE WEBSITE FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH THE ALLEGED LIABILITY AROSE.
LIMITATION OF USE IN REGARD TO GENERAL LIABILITY
In no event shall Owner, nor any of its members, managers, officers, directors, contractors or employees, be liable to you for (i) any damages alleged to arise, arising out of, or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, nor for (ii) any direct, indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You agree that you shall indemnify, defend and hold harmless Owner, its respective managers, members, officers, contractors, employees and agents from and against any and all expenses, losses, claims, demands, damages, judgments or liabilities of any nature, including reasonable attorney’s fees, resulting from or in any way related to your use of this Website or your breach of these Terms.
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
Owner is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Website, you agree you will review such Terms on a regular basis to ensure you are aware of and understand all Terms and Conditions governing use of this Website.
Owner shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
These Terms and Conditions, including any legal notices and disclaimers contained on this Website now or in the future, constitute the entire agreement between Owner and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the Website.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, and you agree, by your use of this Website, that you submit to the jurisdiction of the state and federal courts located in the State of New York for the resolution of any disputes. Display of, access to or use of the Website in other states or outside the United States does not establish jurisdiction in those locations. Any claim arising out of or related to access to or use of the Website or Website content shall be governed by the laws of the State of New York.
If you feel that the Owner is not abiding by these terms and conditions, you should contact the Owner immediately via email at or write to:
LesleyK Productions, LLC
Ansonia Station, P.O. Box 230430
New York, NY 10023 – 9998
“Use” of the Website includes but is not limited to the following activities: viewing, listening, displaying, subscribing, following hyperlinks, downloading, purchasing products or services, leaving comments or questions on the Website, receiving verbal or written comments or answers from the Website, seeking and/or receiving advice, services or products of ANY KIND from any person or company, associated with, introduced by or published by the Website.
If you disagree with any part of this binding legal agreement (collectively, the “Agreement”) in whole or in part, please do not use this Website. Thank you for respecting our policies!
NO RENTAL OR SALE OF PRIVATE INFORMATION
If you subscribe to the Website and/or purchase any Services, we will never rent or sell or otherwise disclose your billing or physical address, phone number, billing information (such as a credit card number) to third parties without your permission. However, we reserve the right to use your name and email address in connection with promotional events related to the Website and third-parties.
Further, the Website is entitled to periodically contact any user of this Website to announce the availability of Services and/or persons or entities offering Services by or through the Website that we believe could be useful to you.
By using this Website, you agree that the information you provide the Website is not private or confidential. The Website reserves the right not to respond to information that appears to be private or confidential and we urge users not to leave information that could be regarded as private or confidential.
The Website shall not disclose your personal information except under the following circumstances:
Companies Providing Business Services: These companies perform business support functions which sometimes require their limited access to your information. These companies are not allowed to transfer the information they receive to third parties except when it is necessary to perform contracted services. Business support companies include coupon and order fulfillment, rebate fulfillment, customer surveys and information technology management.
Joint Ventures Involving This Website: A joint venture is an arrangement between the Website and another person or entity to market Services to users and share our expenses and profits. If our Website shares your name and email information with a joint venture partner, the partner will be contractually prohibited from transferring your information to third parties or otherwise exploiting this information in an improper manner.
Law Enforcement: We reserve the right to determine whether to disclose your personal information to law enforcement officials without your consent in order to protect the legal rights of the Website or those associated with the Website, including but not limited to joint venture partners, employees, independent contractors, affiliates or anyone otherwise associated with the Website. We may also disclose your personal information without your consent in an effort to comply with any law or governmental requirement.
If the Website chooses to display advertisements, the Website reserves the right to share anonymous or non-identifying information about you with potential advertisers or in our own advertisements. We may also use this non-identifying information to deliver advertisements designed for particular users or announcements about particular joint ventures.
The Website is entitled to conduct user surveys to better understand the needs of our users. Whether the Website or
a third party conducts a survey, any personal information you provide on these occasions as well as your responses will remain strictly confidential. If you choose not to participate, all surveys include a way in which to opt-out of the survey.
Be aware that surveys are the best way the Website has to improve current Services and develop new ones, and we may share this collective, non-identifying information with third parties.
TELESEMINARS, SOCIAL MEDIA, WEBSITE QUESTIONS AND COMMENTS
Guard your own privacy. Be discreet when you participate in teleseminars or webinars, online classes, forums or other live events. Additionally, do not post confidential information about you or your family on our Website or the Website’s social media.
Be aware that when you disclose personal information on any site that is available to the public, you may receive unwelcome, offensive or inappropriate comments from other users. The Website cannot prevent unauthorized users or third parties from intruding on your privacy or obtaining and using your name, member name, email address, telephone number or address without your permission. The Website cannot prevent hackers from collecting Website information to send unsolicited email. Our Website Services are open to the public and what you post there is not protected and can be seen by anyone. The Website cannot control and is not responsible or liable for any inappropriate comments that you may receive while you participate in these Website Services.
OUR COMMITMENT TO DATA SECURITY
The Website is committed to ensuring that your information is secure. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Therefore, while the Website strives to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information at any time. If you have previously agreed to the Website’s use of your personal information for direct marketing purposes, and have changed your mind or if you believe that any information about you that the Website is holding is incorrect or incomplete, please write or email us as soon as possible at:
LesleyK Productions, LLC
Ansonia Station, P.O. Box 230430
New York, NY 10023 – 9998
Please include your telephone number and home address. We will promptly make any corrections or changes you desire. We reserve the right to request that you confirm your identity before making any changes to any personal information.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held, please write to the Website and sign your request.
REVISIONS TO THIS POLICY