Terms of Use
Last Revised: November 19, 2020
Lena Cole LLC provides you with access to our website (the “Website”), social media platform, online service or one of our other services or sites, all of which are part of Lena Cole LLC’s services (“Services”) subject to the following Terms of Use (the “Terms”):
This Website is intended solely for use in the United States.
“You” or the “User” refers to you, as a user of our Website or our Service.
BY ACCESSING OR USING THE SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS OR SUBMIT INFORMATION TO LENA COLE LLC, YOU ARE AGREEING TO THE TERMS AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED OR CHANGED FROM TIME TO TIME. IF YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS OR INFORMATION TO LENA COLE LLC. PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT LIMIT OUR LIABILITY TO YOU. WE MAY CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE, EFFECTIVE UPON POSTING UPDATED TERMS TO THE WEBSITE. YOUR CONTINUTED USE OF THE WEBSITE AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS.
These Terms create a legally binding agreement between you (the “User”) and Lena Cole LLC (referred to as “Lena Cole,” “we,” “us,” or “our”) regarding your use of the Website. You are reading these Terms because you are using our Website or Services. You may access the Services through a computer, mobile phone, tablet, console, on the internet, any other device (“Device”) or form of technology (“Technology”). These Terms do not alter any terms or conditions of any other agreement you may have with Lena Cole LLC for any other products, services or otherwise.
Trademarks
Lena Cole LLC logos displayed on the Services are owned by or licensed to Lena Cole LLC (including the Lena Cole name and logo design). All trademarks are the sole property of their respective companies.
Content Ownership
The Website is protected to the maximum extent permitted by copyright and intellectual property rights laws. All content displayed on or through the Services including images, graphics, videos, photos, music, sounds, blogs, and any other content displayed on the Services (“Content”) is owned by or licensed to Lena Cole LLC and is protected by copyright, trademark, or other laws, including as a collective work and/or compilation, pursuant to copyrights laws. You may not reproduce, copy, edit, modify, display, use, distribute, download, transmit, sell, create derivative works from, and/or redistribute, any Content on the Website, Services or the collective works, in any way unless you have the express prior written permission of Lena Cole LLC. You may not misuse any Content on the Website or Services. The use of any Content on the Website or Services without the express written consent of Lena Cole LLC may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Services or any of its Content. You agree not to change or delete any ownership or copyright notices from materials downloaded or printed from the Services.
To the extent Lena Cole LLC approves the download or use of Content contained on the Website or Services, Lena Cole LLC grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as we make such Content generally available to the public. You do not have any ownership rights in the Content (including any trademarks, copyrights, or other intellectual property included in the Content), and all such Content is intended solely for personal, non-commercial use. We reserve the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. We reserve the right to take down any Content in violation of these Terms or Lena Cole’s intellectual property rights. Lena Cole LLC allowing you this limited use does not constitute a waiver of any of our rights to the Content.
User Content and Submissions
You acknowledge that you are responsible for any information, including profiles, messages, text, files, images, photos, video, music, sounds, or other content (“User Content”) that you upload, post or otherwise provide or make available to Lena Cole LLC, whether on or through the Services or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third-party websites, apps, or platforms, that is posted or submitted to Lena Cole LLC’s pages or profiles. Such Submissions may be used on the Services, Website, and/or on other Lena Cole LLC marketing materials. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by us to be used, it may be displayed for other users to see, in addition to your name and associated profile information (such as your social media handle and profile picture). Lena Cole LLC is under no obligation to display, feature or use any Submission, but we may do so at our sole discretion.
Any Submission will be treated as non-confidential and non-proprietary, except as specifically set forth herein. Your Submission may be made available to the general public. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Lena Cole LLC, a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, assign, translate, create derivative works from, distribute, perform and display any Submission, in addition to your name, social media handle or ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all media, or Technology, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose without limitation, including, commercial use, developing, distributing and marketing products. Subject to the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your Submissions. You further irrevocably waive any moral rights or other rights regarding any Submission that you may have under any applicable law.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
YOU AGREE TO INDEMNIFY LENA COLE LLC AND THIRD PARTIES, FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH (A) THE USE OF ANY SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS ARISING OUT OF OR BASED UPON COPYRIGHT OR TRADEMARK INFRINGEMENT, MISAPPROPRIATION, INVASION OF PRIVACY, DEFAMATION, RIGHT OF PUBLICITY AND/OR ANY BLURRING, ALTERATION, EDITING, MORPHING, DISTORTION, FAULTY REPRODUCTION, FICTIONALIZATION OR USE IN ANY COMPOSITE FORM OF YOUR OR ANY OTHER PERSON'S OR ENTITY'S NAME, SOCIAL MEDIA HANDLE, PROFILE PICTURE, IMAGE, LIKENESS, COMMENTS, POSTS, OR OTHER INFORMATION AND/OR THE SUBMISSION; OR (B) ANY BREACH OR ALLEGED BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAWS. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO LENA COLE LLC’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
Lena Cole LLC reserves the right, at its sole discretion, to edit any Submission or User Content and to choose to include or not include such Submission on the Services or otherwise use the Submission. The Services or Website may include opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying third-party content, including the content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Services are those of such third parties and not of Lena Cole LLC and we do not endorse any such opinions, statements, or materials.
You acknowledge and agree that Lena Cole LLC has no control over, and shall have no liability for any damages resulting from, the use or misuse by any third party of any Submission for any reason.
User Conduct
You may not use the Services for any commercial purposes, including the advertisement, promotion, or selling of any products, services, or other goods and you may not use the Services to solicit other users to visit, subscribe, or register with any website, service, or any other entity or organization, and/or collect or store any personal data or attempt to collect or store personal data about other users of the Website or Services.
You agree not to submit any information or post, email, or otherwise make any Submissions or User Content to Lena Cole LLC that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is pornographic, depicts any sexual acts, or nudity of any kind; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals in any way; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity; (v) includes personal or identifying information about another person without their explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) portrays Lena Cole LLC in a false, misleading, derogatory or otherwise defamatory manner; (viii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual relationship; (ix) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (x) constitutes or contains any form of advertising or solicitation posted in areas of the Services or Website that are not designated for such purposes or emailed to other users who have not given express written permission to contact them about other services, products or commercial interests; (xi) advertises any illegal service; (xii) contains software viruses or any other computer code, files or programs designed to interrupt or limit the functionality or performance of the Services; (xiii) in any way that negatively affects other users’ ability to use the Website or negatively impacts other users’ experience on the Services; (xiv) that uses misleading email addresses or headers, that misleads or is intended to mislead users of the origin of Submissions transmitted through the Services; or (xv) use any robots, spiders, or scrapers, or other automated means to browse the Website or use our Services.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) harass any person or user through the Services; (iii) collect personal data about other users for commercial or unlawful purposes, or otherwise; (iv) use any automated means to download any Content from the Services; or (v) attempt to gain unauthorized access to Lena Cole LLC Services or engage in any activity that disrupts, interferes, or limits the performance or functionality of the Services.
Lena Cole LLC may refuse, delete, modify, edit or remove any Submissions or User Content at any time for any reason and Lena Cole LLC may terminate your access to the Services at any time for violation of these Terms or any other reason.
Warranties & Disclaimers
THE WEBSITE, SERVICES, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS” AND THE USER USES THE SERVICES AT THEIR OWN RISK. To the fullest extent permitted by law, Lena Cole LLC disclaims all warranties, express or implied, regarding the Services, Content, User Content, The Website, Services, Content, and any materials or products are provided without any warranties of any kind, including about the Website’s or Services’ accuracy, security, usefulness, reliability or otherwise. To the fullest extent permitted by law, Lena Cole LLC disclaims any warranties for other services or goods offered by third parties, received through or advertised on the Services, or accessed on or through any links on the Website, Services, or External Sites. To the maximum extent allowed by applicable law, Lena Cole LLC is not responsible or liable for any user content posted on the Services. Lena Cole LLC does not guarantee secure access to our Website or Services or warrant that the Services or Website will be uninterrupted or error-free, that any defects will be corrected, or that the Services are free of software viruses or anything else harmful. To the fullest extent permitted by law, Lena Cole LLC disclaims all warranties, express or implied, regarding the Services, Content, User Content and any products or services you may obtain or access through the Website, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You are solely responsible for any damage to your Device, Technology, or loss of data within your Device or Technology resulting from accessing the Services, to the extent applicable law does not provide otherwise.
Product and Content Availability
All products, services, features and content available on or through the Website or Services, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. Any estimate or bid does not constitute an order confirmation or confirmed booking. We reserve the right, without prior notification, to limit the order quantity of any item or service and/or refuse service to any customer for any reason not prohibited by law.
Force Majeure
Lena Cole LLC shall not be responsible for damages, delays, or failures in performance resulting from occurrences beyond their reasonable control, or without their fault or negligence including without limitation: fire, natural disasters, pandemics, epidemics, lightning, acts of God, power surge or failure, war, acts of of civil or military authorities, civil disturbances, war, terrorist acts, riots, insurrections, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, illness, death, injury, other major environmental disturbances, unusually severe weather conditions, current laws and regulations and changes thereto, government requirements, strikes, boycotting, inability to secure products or of services of other persons or transportation facilities, energy shortages, or acts or omissions of transportation or telecommunications common carriers.
External Sites
The Website or Services may contain links to other sites on the Internet, social media platforms, mobile apps, products and services that are owned and operated by third party vendors (“External Sites”), and other third parties (“Third Parties”). You acknowledge that Lena Cole LLC is not responsible for the unavailability of, or any content located on or through any Third Parties or External Sites. You may be able to connect with Third Parties through the Services, but this does not mean Lena Cole endorses, screens, or has any control over these Third Parties, External Sites, or their activities, which are subject to separate terms of use and privacy policies. You should review any External Sites and their terms of use and privacy policy. Lena Cole is not responsible for any content, policies, or activities of Third Parties or External Sites, and you interact with Third Parties and External Sites at your own risk. You should contact the administrator of any External Site or Third Party if you have any concerns related to any links or content located on such External Sites.
Copyright
If you believe that your work has been improperly copied to the Services in a way that constitutes copyright infringement, please provide us with the following information.
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Website the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (to the extent it is applicable by law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send copyright infringement complaints to:
Lena Cole LLC
Telephone: 248-825-3009
Email: info@lenacolellc.com
The Website and Services are protected under copyright law and all rights reserved except as expressly provided herein. Individual documents or Content may contain different copyright notices and/or additional proprietary notices.
Children
Submissions and use of the Services are only made available to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. THE USER MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE SERVICES. Anyone under the age of 18 must obtain the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms before accessing the Services. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Services, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the Minor’s access and use of the Services; and (iii) the consequences of any use of the Services by the Minor. Children under the age of 13 are not to submit any personally identifying information through our Services.
Lena Cole LLC notifies you that parental control protections such as computer hardware, software, or filtering services, are commercially available and may assist you in limiting access to material and content that is harmful to minors.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE WEBSITE OR SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LENA COLE LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LENA COLE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE SERVICES; FROM YOUR INABILITY TO USE THE SERVICES OR WEBSITE; OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF LENA COLE LLC SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD LENA COLE LLC AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, EXTERNAL SITE OR ORGANIZATION; YOUR MISUSE OF THE SERVICES; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO LENA COLE LLC’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
User Compliance with Applicable Laws
This Website is operated from the United States. User access to the Services is governed by all applicable federal, state and local laws. Lena Cole LLC does not make any representations regarding the legality of access to or use of the Services or the information contained therein from other countries. Users who access the Services from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using the Services, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.
No Waivers
Lena Cole’s failure to enforce strict performance of these Terms is not a waiver of any of these Terms or any of Lena Cole LLC’s rights.
Assignments
Lena Cole may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
Severability
If any provision in these Terms is held invalid, unlawful or unenforceable for any reason, that provision will be deemed severable from these Terms and the remainder of these Terms shall continue to be valid enforceable.
Governing Law and Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS OF USE AND ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO OUR SERVICES, THESE TERMS OF USE, THE PRIVACY POLICY, OR YOUR USE OF THE SERVICES, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE STATE OF MICHIGAN, UNITED STATES, WITHOUT REGARD TO ITS CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE USER IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS IN WAYNE COUNTY, MICHIGAN, UNITED STATES, FOR THE PURPOSES OF ANY LEGAL ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO OUR SERVICES, THESE TERMS OF USE, THE PRIVACY POLICY OR YOUR USE OF THE SERVICES AND/OR WEBSITE, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.