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Terms of Service

Waylon H. Lewis Enterprises, LLC Website Terms of Service

Our Terms of Service lay out the rules we use to govern the intellectual property on this site.

Essentially, this is a contractual agreement between WAYLON H. LEWIS ENTERPRISES, LLC and you, the user of this site and its services. Read the information below to figure out specifically what can and cannot be done with the work seen on this site without our permission, and to understand the restrictions on what each of us is and will be responsible for in relation to the service.

Welcome to elephant journal, the online voice of WAYLON H. LEWIS ENTERPRISES, LLC, (“elephant magazine,” “elephantjournal.com,” “Walk the Talk Show with Waylon Lewis”). Waylon H. Lewis Enterprises, LLC is the new voice in media with the mission to stimulate the culture of mindfulness by creating dialogue around things that matter.

We provide this website Terms of Service (“Terms of Service”) because it is important for you to understand the rights you have and the rights we have in providing this platform for collaboration, communication, discussion and dialogue. Please read through this carefully, and if you have a moment to share, let us know what you think.

1.ACCEPTANCE OF TERMS OF SERVICE
By accessing, browsing, or otherwise using Waylon H. Lewis Enterprises, llc DBA elephant journal website (the “Service”) you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.

2. DESCRIPTION OF THE SERVICE
General Description. The Service is a collaborative website that allows elephant journal users to share their ideas and interests with the elephant journal community. Through the Service you are able to vote and comment on content found on elephantjournal.com. You can create your own blog, and you can upload your photo and tell us about yourself in your user profile. You can also make connections with friends and learn about others in the elephant journal community.

Adults Only. The Service is intended for adults only. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Waylon H. Lewis Enterprises, llc DBA elephant journal website is not intended for children under 13. If you are under 13 years of age, then please do not use the Waylon H. Lewis Enterprises, llc DBA elephant journal website as there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), WAYLON H. LEWIS ENTERPRISES, LLC DBA elephant journal will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy, available at elephantjournal.com/privacy, for more information including how to notify us of any concerns in this regard.

Right to Modify Service. WAYLON H. LEWIS ENTERPRISES, LLC reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by WAYLON H. LEWIS ENTERPRISES, LLC DBA elephant journal or by a user) for any reason, without prior notice or liability.

Changes to these Terms of Service. WAYLON H. LEWIS ENTERPRISES, LLC reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, elephantjournal.com/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the elephant journal website. If we make changes, we will post them and will indicate the Terms of Service effective date. We will also email the new Terms of Service to the email address provided by registered users in their user profile. Your continued use of the Service indicates your acceptance of the current Terms of Service.

3. USER CONDUCT
Conditions of Use. As a condition of use, you agree to all of the following:
• You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes.
• As a condition of registering with the Service, you are required to select a username (“Username”) and password. While WAYLON H. LEWIS ENTERPRISES, LLC / elephant journal will keep your Username and Password confidential in accordance with its Privacy Policy; you are responsible for maintaining the confidentiality of your Username and Password.
• You are responsible for all activity that occurs under your Username.
• You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Username.
• You must not harass, threaten, impersonate, or intimidate other elephant journal users.
• You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
• You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
• You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
• You must not create multiple user accounts with the intention of artificially inflating ratings or exploiting other features in the Service.
• You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant ELEPHANT JOURNAL / WAYLON H. LEWIS ENTERPRISES, LLC all of the license grants granted herein.
• You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it.
• WAYLON H. LEWIS ENTERPRISES, LLC reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of WAYLON H. LEWIS ENTERPRISES, LLC at any time, for any or no reason, without prior notice or warning, and without liability.

4. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
The Service permits you to share your own pictures, text, or other content (“Content”) with users of the Service by uploading your Content to the Service. Because you own that Content, we need to license certain rights from you so that we can provide the Service. Content is not necessarily reviewed by WAYLON H. LEWIS ENTERPRISES, LLC prior to posting and does not necessarily reflect the opinions or policies of WAYLON H. LEWIS ENTERPRISES, LLC. WAYLON H. LEWIS ENTERPRISES, LLC makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you transmit to other users.
License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant WAYLON H. LEWIS ENTERPRISES, LLC a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
Links to Other Sites and Resources. The Service contains links to other websites or resources. WAYLON H. LEWIS ENTERPRISES, LLC has no control over such external sites and resources. You agree that (i) WAYLON H. LEWIS ENTERPRISES, LLC is not responsible for the availability or accuracy of such external sites and resources, and (ii) WAYLON H. LEWIS ENTERPRISES, LLC does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.

Inappropriate User-Submitted Content. WAYLON H. LEWIS ENTERPRISES, LLC prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) WAYLON H. LEWIS ENTERPRISES, LLC is not and cannot be responsible for Content posted by users, visitors, or users of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.

5. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in Waylon H. Lewis Enterprises, llc faith to be infringing on a copyrighted work. We also disable and/or terminate the userships of those who we believe in Waylon H. Lewis Enterprises, llc faith are repeatedly infringing copyrighted works.

Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at Waylon H. Lewis Enterprises, llcmagazine.com/about/copyright. By accepting the Terms of Service, you agree to be bound by our Copyright Policy.

6. PRIVACY POLICY
WAYLON H. LEWIS ENTERPRISES, LLC takes the privacy of its users very seriously. Our Privacy Policy is available at Waylon H. Lewis Enterprises, llc/pages/privacy. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.

7. INDEMNITY
By accepting the Terms of Service, you agree to indemnify and hold WAYLON H. LEWIS ENTERPRISES, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service (including our Copyright Policy and Privacy Policy), and/or your violation of any rights of another.

8. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY WAYLON H. LEWIS ENTERPRISES, LLC SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WAYLON H. LEWIS ENTERPRISES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WAYLON H. LEWIS ENTERPRISES, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WAYLON H. LEWIS ENTERPRISES, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WAYLON H. LEWIS ENTERPRISES, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

9. LIMITATION OF LIABILITY
YOU AGREE THAT WAYLON H. LEWIS ENTERPRISES, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, WAYLON H. LEWIS ENTERPRISES, LLC WILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE WAYLON H. LEWIS ENTERPRISES, LLCS AND SERVICES RESULTING FROM ANY WAYLON H. LEWIS ENTERPRISES, LLCS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. TERMINATION
WAYLON H. LEWIS ENTERPRISES, LLC reserves the right to terminate your Waylon H. Lewis Enterprises, LLC usership immediately, without prior notice or liability, for any reason. If WAYLON H. LEWIS ENTERPRISES, LLC terminates your usership, your right to use the Service will immediately cease. You can terminate your Waylon H. Lewis Enterprises, LLC usership at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

11. MISCELLANEOUS
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WAYLON H. LEWIS ENTERPRISES, LLC without restriction.
A cash refund will be issued to paid subscribers upon written request to Waylon H. Lewis Enterprises, LLC’s customer service department: support [at] elephantjournal.com. Refunds are calculated based on the prorated value of un-served issues to the subscriber.

Entire Agreement. The Terms of Service, including WAYLON H. LEWIS ENTERPRISES, LLC’s Copyright Policy and Privacy Policy which are hereby incorporated by reference, constitute the entire agreement between you and WAYLON H. LEWIS ENTERPRISES, LLC and governs your use of the Service, superseding any prior agreements between you and WAYLON H. LEWIS ENTERPRISES, LLC.

Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Terms of Service may be commenced until the matter has been submitted to customer service.

Waiver and Severability. The failure of WAYLON H. LEWIS ENTERPRISES, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. WAYLON H. LEWIS ENTERPRISES, LLC may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Service (for example, by posting to the blog, or on the relevant page(s) of the Service affected by such changes).

Trademarks. WAYLON H. LEWIS ENTERPRISES, LLC, the WAYLON H. LEWIS ENTERPRISES, LLC logo, and other WAYLON H. LEWIS ENTERPRISES, LLC logos and names are trademarks of WAYLON H. LEWIS ENTERPRISES, LLC. You agree not to display or use these trademarks in any manner without WAYLON H. LEWIS ENTERPRISES, LLC’s prior, written consent.

Contact Information. Please send any questions or comments, or report any Terms of Service violations, to support [at] elephantjournal.com.


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