Welcome to Finley’s Markery, a JestDesigns LLC property website located at www.FINLEY.XYZ (the “Site”). Please read these Terms of Service (“Terms”) carefully as they govern your use of our Site.
Acceptance Through Use. By using our services (website, forums, servers, etc.), you agree to each of the terms, conditions and notices contained in these Terms. If you do not accept all of the Terms, you must exit the Site immediately. We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Site after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms.
No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone under the age of eighteen (18)). Children should not use the Site or submit any information to FINLEY.XYZ.
Links to Third Party Sites. The Site may contain links to websites operated and maintained by third parties over whom we have absolutely no control. These linked sites may appear to be integrated into the Site, but are not under FINLEY.XYZ control. FINLEY.XYZ is not responsible for the operation or content of any linked site or subsequent links from that site, and hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this website by creating a link to a third party website. The policies that govern the use of a linked site will differ from these Terms. You should review the policies of a linked site before making a decision to use that site.
User Submitted Content. By posting or submitting any content or other materials to the Site, including classified advertisements or personal information (collectively, “Your Content”), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, obscene or pornographic, and (3) use of Your Content as provided in these Terms will not violate any legal rights (tangible or intangible) of any third party. You hereby grant FINLEY.XYZ and its designees a perpetual, irrevocable, unlimited, worldwide, fully paid, royalty-free, non-exclusive, transferable, sublicenseable license (the “License”) to use, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, publish, adapt, edit or create derivative works of Your Content in connection with the Site or the conduct of FINLEY.XYZ’s business in any formats and through any media channels. FINLEY.XYZ may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission. FINLEY.XYZ does not guarantee any confidentiality with respect to Your Content you submit.
Indemnification. You will indemnify, defend, reimburse and hold harmless FINLEY.XYZ and/or JestDesigns LLC, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of JestDesigns LLC, for, from, and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
Intellectual Property. You acknowledge that all content and materials available at the Site other than Your Content (collectively, the “Content”) are owned or controlled by FINLEY.XYZ and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in these Terms and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the site for any commercial purpose, including but not limited to, sending unsolicited commercial email or making unsolicited commercial phone calls. Except as authorized by FINLEY.XYZ in writing on a case by case basis, you will not use, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of FINLEY.XYZ is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without FINLEY.XYZ’s permission. FINLEY.XYZ’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please contact FINLEY.XYZ if the infringement is not your own, or take down materials posted elsewhere at the Site.
Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FINLEY.XYZ DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FINLEY.XYZ, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF FINLEY.XYZ, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF FINLEY.XYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. FINLEY.XYZ makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.
Choice of Law. You agree that any claim, cause of action or dispute, arising out of or related to these Terms or your use of the Site is governed in accordance with the laws of the State of Nevada, regardless of your location or conflict or choice of law principle. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site will be filed only in the state or federal courts located in Clark County, State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.
Integration and Severability. These Terms constitute the entire agreement between FINLEY.XYZ and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.
Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. FINLEY.XYZ reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.