Ivy Digital, LLC owns and operates the Internet site located at http://ivydigitalllc.com (the “Website”). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using this Website. The terms “Ivy Digital”, “we”, “us” and “our” refer to Ivy Digital, LLC and its related or affiliated companies.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.
Ivy Digital reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. You agree to regularly review this Agreement and to be aware of such revisions. Your use of this Website following any such change constitutes your agreement to follow and be bound by this Agreement as changed.
1. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trademarks, service marks and trade names and the selection and arrangements thereof, and data (collectively the “Content”) comprised in the Website, is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Ivy Digital. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Content is given to you and all intellectual property rights in and to the Content are expressly reserved to Ivy Digital or its clients.
2. ACCESS TO THE WEBSITE
While Ivy Digital endeavors to ensure that this Website is available at all times, Ivy Digital will not be liable if, for any reason, this Website is unavailable at any time or for any period.
3. NO REPRESENTATIONS; LIMITATIONS ON LIABILITY
The information and materials on the Website could include technical inaccuracies or typographical errors. Although we strive to maintain up to date information, some information on the Website may not be current. Changes are periodically made to the information contained therein. IVY DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL IVYDIGITAL BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1) THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEBSITE (2) THE USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE , EVEN IF IVY DIGITAL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE.
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. IN SUCH STATES, IVY DIGITAL’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Ivy Digital and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Website and any violation of these Terms and Conditions by you.
5. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms and Conditions will be subject to the federal, state and local courts in New York City. These Terms and Conditions operate to the fullest extent permissible by law.
6. WAIVER AND SEVERABILITY
The headings in these Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Terms and Conditions. These Terms and Conditions, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Website, and replaces any prior understandings or agreements (whether oral or written) regarding the Website.
8. THIRD PARTY LINKS
The Website and Client Access Websites may contain links to third party websites that are not owned or controlled by Ivy Digital. Ivy Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Ivy Digital will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Ivy Digital from any and all liability arising from your use of any third-party website.
©Ivy Digital, Inc. 2014