Terms and Conditions
Terms and Conditions
Published: 6:00pm - December 31, 1969
1. Use Of The Website And Agreement To Be Bound By Terms.
Welcome to Expressionary.com, a website operated by Expressionary, LLC. The following is a legal agreement between you and Expressionary, LLC, and their parents, subsidiaries and affiliates (collectively “Expressionary”).
Acceptance of these Terms creates a binding contract between you and Expressionary. Your use of the Website, is entirely conditioned on and subject to your compliance with these Terms. You are hereby on notice that Expressionary may, in its sole discretion, revise these terms at any time by updating this posting. If you do not agree to these Terms, then you should leave the Website and discontinue use of the Services immediately. Please read these Terms carefully and thoroughly, as they create a binding contract.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. THIS AGREEMENT CONTAINS PROVISIONS, INCLUDING WARRANTY DISCLAIMERS, WHICH LIMIT OUR LIABILITY TO YOU.
3. Permissible User Conduct
You agree that any information, including the name or identity of the user of any services or product, that you provide to Expressionary is accurate, truthful, and complete.
You agree not to use Expressionary to send, initiate the sending of, transmit, upload, post, e-mail, or otherwise make available any information or content that is unlawful, tortious, defamatory, harmful, abusive, threatening, harassing, vulgar, obscene, profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Upon submission of any content to Expressionary through this site, via e-mail, or via any other electronic means, you grant and warrant that the owner of rights in such content has expressly granted the perpetual, irrevocable, non-exclusive right and license, free from any royalties, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Expressionary solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to Expressionary for the sole purpose of delivering products and services.
You acknowledge and agree that you may not rely on any content created by or submitted to Expressionary. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that you are responsible for the creation and compilation of your content, and that neither Expressionary nor any other party involved with the production of any product incorporating such content assumes that responsibility. Expressionary's production of any product depicting your content does not indicate that Expressionary approves of the content, that the content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the content.
You agree that you will use this site and any products ordered from this site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
4. Indemnification and Limitation of Liability
You agree that you are responsible for actions and communications undertaken under your account. Expressionary takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, omissions, falsehoods, defamation, slander, libel, infringement, pornography, obscenity, or profanity you or a third party may encounter.
INDEMNITY. You agree to indemnify, defend, and hold Expressionary, and its officers, directors, subsidiaries, affiliates, parents, aGENTS, Assigns, sUPPLIERS, Service providers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys' fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, YOUR VIOLATION OF ANY RIGHTS OF another, your breach of the representations and warranties, and ANY DAMAGE YOU CAUSED TO another. These obligations survive these Terms and your use of the site.
LIMitation of liability. To the fullest extent provided under the law, Expressionary, including its officers, directors, employees, affiliates, SUPPLIERS, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, punitive, exemplary, special, or consequential damages (including any loss of data, revenue or profit) RESULTING FROM OR arising out of your use of this Service, the Website, any content submitted by you or other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, EXPRESSIONARY’S liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law. to the extent APPLICABLE LAW OF your JURISDICTION does not allow the EXCLUSION OR limitation of liability, this provision may not apply TO YOU in its entirety.
DISCLAIMER OF WARRANTIES. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPRESSIONARY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXPRESSIONARY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS 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. EXPRESSIONARY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT EXPRESSIONARY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Site Services
Expressionary may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. Expressionary may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.
6. Intellectual Property Rights
All content contained on the Website, such as text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, software, (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Expressionary, or its content suppliers or licensors, and are protected by U.S. and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Expressionary and is also protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Expressionary.
Further, Expressionary owns the Expressionary name, trademarks and logos (collectively, "Expressionary Marks"). You agree to not use the Expressionary Marks without written permission from Expressionary. Any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Expressionary or a third party.
7. Notification of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Expressionary is registering with the U.S. Copyright Office as a Service Provider. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Expressionary's Agent with the following information in writing:
a. Physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. Identification of the 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
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
e. 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
f. 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.
Any notifications of claimed copyright infringement must be sent to the Service Provider's Designated Copyright Agent. The Copyright Agent is Chief Legal Counsel, HBSS, 191 Peachtree Road, Suite 400, Atlanta, GA 30303, telephone number: (404)954-5000, and electronic mail address: firstname.lastname@example.org. The failure to comply with all of the requirements set forth above under the Digital Millennium Copyright Act may result in an invalid DMCA notice.
At Expressionary's sole discretion, Expressionary may terminate and close the accounts of Users who are offenders or infringers. In addition, Expressionary reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate and close the accounts of any Users who infringe upon the intellectual property or other proprietary rights of third parties.
8. Purchase of Products or Services
All Products or Services purchased are non-refundable. You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Expressionary does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer.
Expressionary has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
This agreement will terminate immediately without notice from Expressionary if in Expressionary's sole discretion you fail to comply with any term or provision of this agreement.
10. Applicable Law, Forum and Jurisdiction for Disputes
Expressionary makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
Forum and Jurisdiction: You agree that any dispute or claim you have or may bring against Expressionary must be resolved by an appropriate federal or state court located in the County of Fulton, Georgia. You agree to submit to the personal jurisdiction of the courts located in the County of Fulton, Georgia for the purpose of litigating any claim or dispute you have with or bring against Expressionary.
(a) Entire Agreement:
This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.