Terms and Conditions
Terms and Conditions
As a Subscriber/Customer of www.lizzykaybrainstorms.com You accept and agree to be bound by the terms and conditions of www.lizzykaybrainstorms,com hereafter(LizzyKay), to the extent these Terms and conditions are interpreted as a contract, You are granted the Rights in consideration of Your acceptance and LizzyKay grants You such rights in consideration of benefits LizzyKay receives from making the Material available to You for your use and benefit.
Subject to these terms and conditions, Lizzykay hereby grants You Rights on an exclusive basis to the Material, for the purpose to: 1) Reproduce and Share the Material, in whole or in part; and/or 2) Adapt, Produce, Reproduce, and Share Adapted Material whether for personal or commercial use.
Term
The term of these rights and conditions shall be for 20 years from the date of acceptance.
Fees and Royalties
Any Fee paid via www.lizzykay.com provides initial rights to the material. LizzyKay reserves the right to collect royalties from You based on the product type you selected, for the use of the material, whether directly or indirectly through a 3rd party.
Your exercise of the Rights is expressly made subject to the following conditions.
Attribution
If You Share (including in modified form), You must retain the following: 1) Identification of the creator(s) of the Material and any others designated to receive attribution, in any reasonable manner requested by LizzyKay (including by pseudonym if designated)
2) a copyright notice; For the avoidance of doubt, this Section supplements and does not replace Your obligations under these Rights, where the Rights include other Copyright and/or Similar Rights.
Disclaimer of Warranties and Limitation of Liability.
Unless otherwise separately undertaken by LizzyKay, to the extent possible, LizzyKay offers the Material as-is and as-available, and makes no representations or warranties of any kind concerning the Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
To the extent possible, in no event will LizzyKay be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of the use of the Material, even if LizzyKay has been advised of the possibility of such losses, costs, expenses, or damages. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Termination.
These Rights apply for the term referenced herein. However, if You fail to comply then Your rights under these terms and conditions may be terminated with a 30-day notice to cure.
Where Your right to use the Material has terminated, it reinstates automatically as of the date the violation is cured, provided it is cured within 30 days of the violation notice.
LizzyKay shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed by both parties in writing. To the extent possible, if any provision of these Rights is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from these Rights without affecting the enforceability of the remaining terms and conditions.
No term or condition of these rights will be waived and no failure to comply consented to unless expressly agreed to in writing by LizzyKay.
Nothing in these Rights and Terms and Conditions constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to LizzyKay or You, including from the legal processes of any jurisdiction or authority.