Agile Inspirations Terms and Conditions
Last updated: May 31, 2018
This service is operated by AsIAm Life, LLC.
- Please read these terms and conditions (the Terms) carefully. By accessing and using our website and any content and features therein including our Services, you indicate your acceptance of these Terms and the Privacy Policy any other notices, guidelines and rules published by us on our Services from time to time (each of which is incorporated into the Terms by this reference). The Privacy Policy can be accessed from links at the bottom of our webpages.
- If you do not accept these Terms please do not access and/or use our Services.
- We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
If you have any questions on these terms and conditions, please contact us at support@asiamlife.com
1. General
These terms and conditions apply to the AsIAm Life, LLC website located at www.agileinspirations.com. Please read these terms and conditions (the ‘Terms and Conditions’) carefully.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from the Agile Inspirations website, and constitute an agreement between you and Agile Inspirations. Agile Inspirations reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
2. Content
The copyright in the material contained on, in, or available through this Website or any other Agile Inspirations Site or Server including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Agile Inspirations or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other Agile Inspirations Site or Server are registered and owned by or licensed to Agile Inspirations or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Agile Inspirations or the relevant group company. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Agile Inspirations or its group companies. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Agile Inspirations or the relevant group company.
3. Personal Information
You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product, entering any competition or registering for our Agile Inspirations e-Newsletter on this web site. All personal information collected from this web site will be maintained in accordance with the Agile Inspirations Privacy Statement. By using this site, you consent to Agile Inspirations retaining and using your personal information in accordance with the Privacy Policy.
4. License to Use Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) Republish material from this website (including republication on another website);
(b) Sell, rent or sub-license material from the website;
(c) Show any material from the website in public;
(d) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) Edit or otherwise modify any material on the website;
(f) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our email newsletter); without express written content from Agile Inspirations.
5. Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
6. Registered Users
Access to certain areas of our website may be restricted to registered users.
You must be at least 18 years of age to become a registered user. By applying to become a registered user, you warrant that you are at least 18 years of age.
In order to become a registered user, you must follow the process as laid out on the Agile Inspirations website.
You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches these terms.
Registered users will have access to features on our website as we may from time to time determine in our sole discretion.
We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.
7. User Generated Content
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) Be libellous or maliciously false;
(b) Be obscene or indecent;
(c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be in breach of official secrets legislation;
(j) Be in breach of any contractual obligation owed to any person;
(k) Depict violence;
(l) Be pornographic or sexually explicit;
(m) Be untrue, false, inaccurate or misleading;
(n) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) Constitute spam;
(p) Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(q) Cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
8. Disclaimer
The materials on this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Agile Inspirations expressly disclaims any duty to update or revise the materials on this website, although Agile Inspirations may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Agile Inspirations shall not be liable for any damages of any kind related to your use of this website.
9. Affiliate Disclosure & FTC Disclaimer
This website contains affiliate advertising links, designed to provide a means for sites to earn advertising fees by advertising and linking to sites such as Amazon.com, Google AdSense, eBay and ClickBank.com.
We make a commission for purchases made through the following type of links.
Agile Inspirations is a participant in affiliate marketing programs such as Amazon Services LLC Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and related Amazon sites.
10. Termination
Agile Inspirations reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access Agile Inspirations Site and/or any other service provided to you by Agile Inspirations.
11. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
12. Limitations and Exclusions of Liability
Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Trade Practices Act that cannot be excluded, restricted or modified by agreement.
Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law
13. Breaches of These Terms of Use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to the website;
(c) Permanently prohibit you from accessing the website;
(d) Block computers using your IP address from accessing the website;
(e) Contact your internet services provider and request that they block your access to the website;
(f) Bring court proceedings against you for breach of contract or otherwise;
(g) Suspend and/or delete your account with the website; and/or
(h) Delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
15. Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Agile Inspirations owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Agile Inspirations without obtaining authorization from Agile Inspirations.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
16. Third Party Links
This website contains hyperlinks and other pointers to web sites operated by third parties (“Hyperlinked Websites”). Unless otherwise stated at those websites, those websites are not controlled by Agile Inspirations. By using those links, you acknowledge and agree that:
Agile Inspirationsis not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website. Agile Inspirations provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by Agile Inspirations, its related bodies corporate, affiliates, corporate partners or licensors. You access such Hyperlinked Websites entirely at your own risk.
17. Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
18. Entire Agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
19. Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of California, USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.