Wholehearted Expressions LLC (“Company” or “we” or “us” or “our) invites you (“visitor” or “you”) to use our websites, including, without limitation, iammandyho.com, wholeheartedexpressions.com and wholehearteddesign.com (the “Websites”).
Wholehearted Expressions LLC may revise the Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of the Websites from the date of the publication of the revised Terms and Conditions on the Websites. By using the Websites, you agree to the revised Terms and Conditions.
License to use website
Unless otherwise stated, Wholehearted Expressions LLC and/or its licensors own the intellectual property rights in the Websites and material on the Websites. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Websites for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.
You must not:
- republish material from the Websites (including republication on another website);
- sell, rent or sub-license material from the Websites;
- show any material from the Websites in public;
- reproduce, duplicate, copy or otherwise exploit material on the Websites for a commercial purpose;
- edit or otherwise modify any material on the Websites; or
- redistribute material from the Websites.
You must not use the Website in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites; 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 the Websites 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 the Website without express written consent Wholehearted Expressions LLC.
You must not use the Websites to transmit or send unsolicited commercial communications.
In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Websites, for whatever purpose.
You grant to Wholehearted Expressions LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Wholehearted Expressions LLC 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 Wholehearted Expressions LLC or a third party (in each case under any applicable law).
You must not submit any user content to the Websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Wholehearted Expressions LLC reserves the right to edit or remove any material submitted to the Websites, or stored on our servers, or hosted or published upon the Websites.
Notwithstanding Wholehearted Expressions LLC’s rights under this Agreement in relation to user content, Wholehearted Expressions LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the Websites.
The Websites are provided “as is” without any representations or warranties, express or implied. Wholehearted Expressions LLC makes no representations or warranties in relation to the Websites or the information and materials provided on the Websites.
Without prejudice to the generality of the foregoing paragraph, Wholehearted Expressions LLC does not warrant that:
- the Websites will be constantly available, or available at all; or
- the information on the Websites is complete, true, accurate or non-misleading.
Nothing on the Websites constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Wholehearted Expressions LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Websites:
- to the extent that the Websites are provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Wholehearted Expressions LLC has been expressly advised of the potential loss.
Nothing in this Agreement will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Agreement will exclude or limit Wholehearted Expressions LLC’s liability in respect of any:
- death or personal injury caused by Wholehearted Expressions LLC’s negligence;
- fraud or fraudulent misrepresentation on the part of Wholehearted Expressions LLC; or
- matter which it would be illegal or unlawful for Wholehearted Expressions LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You accept that, as a limited liability entity, Wholehearted Expressions LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Wholehearted Expressions LLC’s officers or employees in respect of any losses you suffer in connection with the Websites.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Agreement will protect Wholehearted Expressions LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Wholehearted Expressions LLC.
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
You hereby indemnify Wholehearted Expressions LLC and undertake to keep Wholehearted Expressions LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Wholehearted Expressions LLC to a third party in settlement of a claim or dispute on the advice of Wholehearted Expressions LLC’s legal advisers) incurred or suffered by Wholehearted Expressions LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of this Agreement.
Breaches of these terms and conditions
Without prejudice to Wholehearted Expressions LLC’s other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Websites, prohibiting you from accessing the Websites, blocking computers using your IP address from accessing the Websites, contacting your internet service provider to request that they block your access to the Websites and/or bringing court proceedings against you.
Wholehearted Expressions LLC may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
This Agreement will be governed by and construed in accordance with the State of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York County in the State of New York.