Terms of Use
USE OF THE CLYBOURN STUDIOSWEBSITE at www.greatsmileskc.com (“website”) IS SUBJECT TO YOUR ADHERENCE TO THE FOLLOWING TERMS.
Welcome to the website, sponsored by Clybourn Studios. (“CLYBOURN STUDIOS”). Please review the following terms and conditions concerning your use of the Website. By accessing, using or downloading any information and/or materials from the Website, you agree to follow and be bound by these terms and conditions (the “Terms of Use”). If you do not agree with these Terms of Use, you may not use this Website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The terms “you,” “your,” and “yours” refer to you, the visitor to or user of the Website. The terms “CLYBOURN STUDIOS,” “we,” “us,” and “our” refer to CLYBOURN STUDIOS.
USE OF THE WEB SITE’S CONTENT
By visiting and using the Website, you represent to us that you are at least 13 years old. Further, by visiting and using the Website, you represent to us that if you are under the age of majority in your state (i.e., if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE WEBSITE. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE (I.E., IF YOU ARE A MINOR), DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.
Subject to these Terms of Use, we grant to you a limited, personal, revocable, nonexclusive, nontransferable license to use the Website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the Website, access to the Website or any of the content accessible through the Website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our Website for any public or commercial purposes. You are not permitted to modify any materials from this Website in any way.
Except as expressly provided above, nothing contained in this Website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of CLYBOURN STUDIOS or any third party.
USER CONDUCT
You agree to not use the Website to:
post or transmit any material that is unrelated to the subject matter of the Website;
violate or solicit the violation of any applicable local, state, national or international law or regulation;
violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
interfere with or disrupt the Website, computer servers or boards accessible through the Website;
intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest user names, e-mail addresses or other personal information for any purpose;
impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
engage in or facilitate the transmission of unsolicited mass mailing or spamming.
If you do use the Website to commit any of the above, CLYBOURN STUDIOS may, at its sole discretion, terminate your ability to use the Website and prosecute you to the fullest extent allowed by law
FEEDBACK AND CONTENT SUBMISSION
Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this Website (a Submission) will be considered non-confidential by CLYBOURN STUDIOS. You acknowledge that you are responsible for the Submissions that you provide, and that you, not CLYBOURN STUDIOS, have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party and agree to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to CLYBOURN STUDIOS a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a nonexclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the Website pursuant to these Terms of Use.
MODIFICATION AND TERMINATION OF WEB SITE
CLYBOURN STUDIOS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. You agree that CLYBOURN STUDIOS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. CLYBOURN STUDIOS may also make improvements and/or changes in the products, services and/or the programs described in this Website at any time without notice. However, CLYBOURN STUDIOS disclaims any responsibility to update, improve or change this Website.
OTHER WEB SITES AND RESOURCES
Third parties using the Website may provide links or access to other Websites and resources. Because CLYBOURN STUDIOS has no control over such sites and resources, you acknowledge and agree that CLYBOURN STUDIOS is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CLYBOURN STUDIOS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Websites available on or through any such site or resource.
PRIVACY
We may collect registration and other information about you through the Website. Our collection and use of this information is governed by our Privacy Policy available at [INSERT LINK]. The Privacy Policy also explains how your information is used and who has access to it.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND FOR INFORMATIONAL PURPOSES ONLY. CLYBOURN STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLYBOURN STUDIOS OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
CLYBOURN STUDIOS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE RELEASED PARTIES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLYBOURN STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT.
CLYBOURN STUDIOS respects the intellectual property rights of others, and requires you to do the same. It is the policy of CLYBOURN STUDIOS to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright or other intellectual property infringement, please contact CLYBOURN STUDIOS at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (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 owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.
CLYBOURN STUDIOS Technology
Attention: Copyright Agent
E-mail: copyrightagent@clybournstudios.com
INDEMNITY
You agree to indemnify and hold CLYBOURN STUDIOS, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorney’s fees, arising out of or related to your use of the Website or Website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.
NOTICES
Notices to you may be made via e-mail. CLYBOURN STUDIOS may also provide notices of changes to these Terms of Use or the Website by displaying notices or links to notices to you generally on the Website.
LEGAL DISPUTES
These Terms of Use and your relationship with CLYBOURN STUDIOS shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and CLYBOURN STUDIOS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Johnson, Kansas, USA.
MODIFICATION OF AGREEMENT
We may amend these Terms of Use at any time by posting the amended terms on the Website and you are responsible for regularly reviewing these Terms of Use. All amendments shall automatically be effective 30 days after they are initially posted on the Website. Your use of the Website following the effective date of any modifications shall constitute your binding acceptance of those modifications.
GENERAL
These Terms of Use constitutes the entire agreement between you and CLYBOURN STUDIOS with respect to the Website and supersedes all prior agreements and understandings between you and CLYBOURN STUDIOS. CLYBOURN STUDIOSs failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of these Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
