Terms of Service
By using our Site and/or Services, whether made available for purchase or not, you are agreeing to the following Terms of Services. You should not use our Sites or Services if you do not agree with the terms and conditions contained in these Agreements.
The terms “we”, “us”, and “our” refer to SyykFirst (“Company”).
The terms “Site(s)” refers to www.syykfirst.com (“Site”). On this Site, we provide information related to the subject matter of journals, journaling through trauma, creatives' greenhouse books, and tracking writer/author things, and we point to our products for sale through Amazon, including but not limited to physical products and books (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Services.
SITES TERMS OF USE
1. USE OF THE SITES AND SERVICES
Our Site and Services are for your personal and non-commercial use, unless otherwise specified. You may not use any of the Services provided by the Sites for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company. You may not modify, copy, transmit, distribute, display, send, perform, reproduce, publish, license, create derivative works from, participate in the transfer or sale of, exploit, or otherwise infringe on any intellectual property rights related to any information, content, software, products or Services obtained from or otherwise connected to our Site and/or Services.
2. INTENDED AUDIENCE
To access or use the Site and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Services.
3. LAWFUL PURPOSES
You may use the Site and/or Services for lawful purposes only. You shall not post or transmit through the Site and/or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
4. ACCOUNT CREATION
In order to use the Site and/or Services, you may be required to provide information about yourself including your name, email address, username, password and/or other personal information. You agree that any account information you provide on the Sites or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
5. CONSENT
When you register with the Company (for example, by creating an account, registering to receive emails, or by purchasing our Services), you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company and you consent to receive notices electronically by way of transmitting the notice to you by email.
6. REFUSAL OF SERVICES
We reserve the right to refuse access to the Site and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Services, without refund (if applicable) or liability, if you violate these Terms of Service or other agreements governing your use of the Site and/or Services.
7. YOUR COMMUNICATIONS WITH US
You agree that the Company has the right to use your communications whether in the form of emails, surveys, comments, social media, or otherwise, in any manner consistent with our Terms of Service.
8. RELEASE
You agree that the Company may use any images, while engaging with us on our Site or on social media. You waive any right to payment, royalties or any other consideration for the use of such comments, images, or social media video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
9. NO GUARANTEES OF RESULTS
The Company may share the successful results of its users or customers on the Site and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results of any kind. By accessing the Site and/or using our Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. The Company does not guarantee that you will get any results using any of our products, Services, Site, ideas, tools, strategies or recommendations, and nothing in our Site and Services is a promise or guarantee to you of such results.
10. LIVE EVENTS
Any and all costs associated with attending any live event(s) hosted by the Company (including without limitation, travel to and from the event(s), such as airfare, transport to/from the airport, additional meals, etc.) are your sole responsibility. You assume all risk and/or liability that may arise or be incurred with attending and participating in the live event(s). It is recommended that you secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the live event(s).
11. DISCLAIMER
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITE AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITE AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITE AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
The Site and/or Services are for your educational and informational purposes only and do not constitute legal, financial, or medical advice (“Professional Advice”). They are not intended to be a substitute for such Professional Advice. Always seek the Professional Advice of a qualified professional. Never disregard such Professional Advice or delay in seeking it because of something presented in the Site and/or Services.
12. INTELLECTUAL PROPERTY
The Site and/or Services (including, but not limited to our Products) contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, HTML/CSS, Javascript, other files, the Products, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, copy, transmit, distribute, display, send, perform, reproduce, publish, license, create works from, participate in the transfer or sale of, exploit, or otherwise infringe on any intellectual property rights related to the Sites and/or Services, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Services, without liability or refund (if applicable), if we determine that you are violating this intellectual property policy. We further reserve the right to pursue all legal remedies.
All trade names, trademarks, and images and biographical information of people used on the Site and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Service or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site and/or Services in any way, you may notify Company at syykfirst@gmail.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE USE OF THE SITE OR SERVICES IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. THIRD PARTY COMPANIES AND RESOURCES
Mention of third-party products, information, companies and websites (“Third-Party Resources”) on the Site and/or Services are for informational purposes only and do not constitute an endorsement, affiliation, or recommendation by the Company of those Third-Party Resources. The views and opinions expressed by Third Party Resources on our Site and/or Services do not necessarily reflect the opinion of the Company. The Company assumes no responsibility and disclaims any and all liability with regard to the selection, performance or your use of these Third-Party Resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of Third-Party Resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Resources.
15. AFFILIATE LINKS
From time to time, Company may include affiliate links on its Site and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship. We disclaim any and all liability as a result of your purchase through one of these links. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
16. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
17. GOVERNING LAW
The Terms of Service shall be governed by the laws of the State of Texas.
18. DISPUTE RESOLUTION
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Denton County, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, any party may take the matter to court.
19. EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
20. ENTIRE AGREEMENT
The Terms of Service constitute the entire agreement between you and the Company with respect to the Site and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Services.
21. WAIVER
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
22. SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
23. ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
24. CHANGED TERMS
We reserve the right to update any portion of our Site and/or Services, including the Agreements at any time. Such amendments are effective immediately upon notice to you by us posting the new Agreements on the Site. You can view the most recent version of the Terms of Service any time at 888. Your use of our Site and/or Services shall constitute and be deemed your unconditional acceptance of these Agreements and any amendments thereto.
HOW TO CONTACT US
If you have any questions about our Terms of Service, please contact us at:
Loved's Garden, LLC
Fort Worth, Texas, United States of America
SyykFirst@gmail.com