Last updated and effective as of May 17, 2017
We partner with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, administering our e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under our control.
Elisabeth Yarrow and redmeansgo llc are the exclusive owners or licensees of all content and materials on the Site (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
The brand, name and trademark Elisabeth Yarrow, The Yarrows, The Yarrows Radio, and Destination Dream Job and the related logos and trademarks used on this Site, including, without limitation, are the exclusive property of redmeansgo llc. Unauthorized use of any of these or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with Elisabeth Yarrow, or her approval, or that is likely to dilute any of the brand is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Site are the property of their respective owners.
You may access, browse and use the Site and the Site Content only for your personal, non-commercial use, on a single computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the brand by accessing, browsing or otherwise using the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the brand, except as may be allowed by law.
You warrant and agree that, while accessing or using the Site, you will not:
- impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of Your Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site, through any means, including through means not intentionally made publicly-available or provided through the Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or any of the Services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- use the Site or any of the Services in violation of our or of any of the redmeansgo llc or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party;
- use the Site or any of the Services in violation of any law;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Site or any of the Services;or
- post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine, in our sole discretion:
- (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassingfraudulent, threatening, abusive, libelous, defamatory or otherwise unlawful;
- (ii) infringes on our or any third party’s intellectual property or other rights, or otherwise violates any law;
- (iii) is derogatory or harmful to our reputation or to the reputation of any of the Elisabeth Yarrow Parties or Related Parties in any way; or
- (iv) is otherwise inappropriate.
YOUR ACCOUNT AND YOUR USER INFORMATION
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately, via e-mail to firstname.lastname@example.org, of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove all of Your Content from the Site. You have the right to terminate Your Account at any time. You may terminate Your Account by following the instructions on the Site.
If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Site. Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated.
LINKS TO THIRD-PARTY WEBSITES
The Site contain links to websites of third parties (including, without limitation, Facebook, Instagram, iTunes, iBooks, Amazon, Barnes-n-Noble, Google Play, Books A Million, tumblr, Twitter and YouTube). If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
LINKING TO THE SITE
You agree that if you include a link from any website to Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and may revoke your right to link to the Site.
We administer, control and operate the Site from the State of Texas, United States of America. The Site are accessible worldwide; however, some of their features or functions may not be available or appropriate for use outside the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any jurisdictions outside the United States. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and any geographic area. All Services and offers for any feature or function made on the Site are void where prohibited.
The Site provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We and each of the redmeansgo llc Parties and Related Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Site.
Some content on the Site is provided by the users of the Site. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content.
THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR ANY OF THE REDMEANSGO LLC PARTIES WARRANT THAT THE SITE, THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, NACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE AND EACH OF THE Elisabeth Yarrow PARTIES AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE AND THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL WE OR ANY OF THE TN PARTIES OR THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INABILITY TO USE THE SITE, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our and the redmeansgo llc Parties’ liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE OR ANY OF THE ELISABETH YARROW PARTIES OR RELATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR AND/OR THE REDMEANSGO LLC PARTIES’ AND/OR THE RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF
YOUR ACTIVITIES ON THE SITE.
NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement related to any Site Content, please send a written communication to email@example.com
Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable accessto the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in and required by The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
We reserve the right to modify, suspend, refuse or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Site and/or any of the Services.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. Your continued use of any of the Site or the Services after the effective date of any revisions means that you accept and agree to all such revisions.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
GOVERNING LAW AND JURISDICTION
By visiting or using the Site, you agree that the laws of the United States of America and the laws of the State of Texas, without regard to the principles of conflicts of laws, will govern your use of the Site and the Services, and these Terms and all matters relating to your access to and/or use of the Site or the Services, including all disputes between you and us and/or any of the Elisabeth Yarrow Parties and/or the Related Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Travis County, Texas and the related appellate courts, in any related action or proceeding. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SITE OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
If you have any questions about these Terms, please contact us at Elisabeth Yarrow 106 E 6th St Suite 900, Austin, TX 78701, USA or firstname.lastname@example.org