The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at www.theinspirationboard.com (the "Site"). By accessing, viewing, or using this Site or the content, material, services or any other item or offering available on or through this Site, you represent that you have read and understand these Terms and Conditions, and you agree to them and intend to be legally bound by them. If you do not agree to and intend to be legally bound by these Terms and Conditions, you are not granted permission to use this Site and must exit immediately. I Heart Nap Time LLC reserves the right at any time to modify, alter, or update these Terms and Conditions. It is the obligation of users visiting the Site to learn of changes to the Terms and Conditions since their last visit.
- Proprietary Rights
Works of authorship, information, content, functional components, downloads, upgrades, documentation, services, and material and any other item or offering appearing on, made available through, or contained in this Site ("Site Materials") are protected by law, including, but not limited to, United States copyright law. Any misuse or other unauthorized use of these trademarks is expressly prohibited and may violate federal and state trademark law.
Materials Submitted to the Site Respect for your user experience, as well as respect for the intellectual property rights of you and other content owners, is important to I Heart Nap Time. I Heart Nap Time does not guarantee the accuracy or completeness of any postings or other contributions to the Site and is not responsible or liable for any postings or other contributions. By posting, selecting, designating, or providing User Materials, you represent, and warrant, that you have the full legal right to post, select, designate, and/or provide the User Materials and that use of the User Materials by you, I Heart Nap Time, and all other persons and entities will not: (a) knowingly infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the following; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Upon your posting, selecting, designating, or providing of User Materials, you grant I Heart Nap Time, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access and use, and to permit others to access and use, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of I Heart Nap Time, all without any compensation to you whatsoever. I Heart Nap Time may remove User Materials from the Site for any or no reason, in her sole discretion, with or without notice. I Heart Nap Time shall not be responsible for changes, modifications, or removal of any User Materials. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 9 of these Terms and Conditions.
- Third Party Materials
Products and Services Parties other than I Heart Nap Time may provide products or services via or referenced on the Site. I Heart Nap Time expressly disclaims any and all responsibility for or related to (a) the accuracy and completeness of any and all third-party information, products and/or services or (b) the transactions you conduct or enter into with these third parties.
- Nature of the Internet
- Privacy Statement
I Heart Nap Time has a Privacy Statement setting out I Heart Nap Time online information gathering and dissemination practices with respect to the Site. I Heart Nap Time is proud to offer full privacy as an available setting for all boards, giving you the option to share User Materials as you see fit.
- Disclaimer of Warranty and Liability
This site and the site materials are made available "as is" and "with all faults." Use of this site and the site materials is entirely at your own risk. I Heart Nap Time makes no representations or warranties, and disclaims all representations and warranties, with respect to this site, the site materials, and the user materials, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and completeness with regard to the site and any and all site materials and user materials is with you. I Heart Nap Time shall not have any responsibility or assume any liability for any data, information, or material uploaded to the site, made available via the site, or transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using the site, site materials, or user materials. Neither I Heart Nap Time, nor any of its directors, officers, members, employees, contractors, agents, or representatives shall be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the site, the site materials, the user materials, or the use of, access to, or inability to access or use this site, the site materials, or the user materials, regardless of legal theory (including, but not limited to, negligence or strict liability), whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of I Heart Nap Time to you or any other person or entity in connection with, based upon, or arising from this site, the site materials, or the user materials exceed the price paid by you for use of this site.
- Corrections and Changes to Site and Site Materials
I Heart Nap Time endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, I Heart Nap Time is not responsible for any errors or omissions in the Site or Site Materials. I Heart Nap Time may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and I Heart Nap Time makes no commitment to update the information contained on or in this Site. I Heart Nap Time reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
Except to the extent attributable to I Heart Nap Time, if your use of this Site, the Site Materials, or User Materials exceeds or falls outside these Terms and Conditions, you agree to defend I Heart Nap Time and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors against all claims, actions, suits, and other proceedings (“Claims”) of third parties arising out of or incurred in connection with such use. This includes: your fraud, violation of law, or willful misconduct; the acts or omissions of any third party affiliated with you or under your direction or control; or, any breach by you of these Terms and Conditions. You also agree to indemnify and hold I Heart Nap Time harmless from and against all judgments, losses, obligations, risks, liabilities, damages, costs, settlements, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of I Heart Nap Time.
- Complaint Procedure
If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to I Heart Nap Time at the address listed in Section 4, addressed to the attention of Web Manager, a comprehensive detailed notice setting forth all applicable facts and assertions, including (1) your address, telephone number and e-mail address, (2) a statement by you that you have a good faith belief that the disputed use is not authorized by you or owner of the item or rights, your or the owner's agent, or law, (3) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the item or rights in question or are authorized to act on the owner's behalf, and (4) your electronic or physical signature or the electronic or physical signature of the owner of the item or right in question. Additionally, if the item or right in question involves one or more copyrights, your notice must be made in accordance with the requirements of the Digital Millennium Copyright Act ("DMCA"). Upon receipt of notices complying or substantially complying with the DMCA, I Heart Nap Time will act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is claimed to be infringing. I Heart Nap Time will terminate access for any members who are repeat infringers. For copyright complaints, please include a comprehensive detailed notice in accordance with the requirements of the DMCA, including: (1) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (2) a description of the location of the original or an authorized copy of the copyrighted work; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither I Heart Nap Time nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
- User Content Agreement
By using the I Heart Nap Time service, you agree: to submit no Materials that contain content that is unlawful, defamatory, offensive, abusive, libelous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit; to submit Materials that do not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; to submit no unauthorized or unsolicited bulk messages or any other solicitations or communications through the I Heart Nap Time Site; to not impose an unreasonably large load (bandwidth) on the I Heart Nap Time Service, or use a computer programming routine, file or device to damage or interfere with the operation of the I Heart Nap Time Service; to be solely responsible for photos, captions to photos, videos, messages (sent and received), and other content that is uploaded, published, or displayed on or through the I Heart Nap Time Site; to be responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to I Heart Nap Time; You also agree that: I Heart Nap Time has no obligation to monitor any of the Materials, but may do so; If you terminate your registration, your Materials will be deleted from the I Heart Nap Time Service; I Heart Nap Time will reasonably attempt to delete any Materials you provide, however, you acknowledge and agree that copies, derivatives of the Materials, or copies may still reside within the Service, such as, for instance, backup copies; I Heart Nap Time does not guarantee, nor is she responsible for, the removal of the Materials from the Service after you delete the Materials or after your registration is terminated; I Heart Nap Time is in no way responsible for the deletion of the copies of the Materials that reside outside of the Service; I Heart Nap Time is authorized to make copies thereof as they deem necessary in order to facilitate the posting and storage of the User Content on the Site. I Heart Nap Time may delete or remove without notice any Site Content or User Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of I Heart Nap Time, might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others.
- Links to Other Web Sites
This Site may contain links to third-party Internet Web sites for the convenience of users in locating, identifying, referencing, and/or purchasing information, products, or services. These links may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. These sites are maintained by organizations over which I Heart Nap Time exercises no control, and I Heart Nap Time expressly disclaims any and all responsibility for the content (including, without limitation, information, links, text, graphics, and other items), completeness, and accuracy of and errors and omissions related to such Web sites and the information, offers, products, and services provided or offered by or advertised on these third-party sites, including, without limitation, the availability and pricing of any products or services.