General Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law, which may be updated from time to time without notice to you. These Terms of Use constitute a binding agreement between LYDIABUNYAN.com and you governing your use of the Website. By using and/or visiting the www.LYDIABUNYAN.com Website or any other Websites owned by LYDIABUNYAN.com (collectively the "Website"), you signify your assent to both these Terms of Use and the LYDIABUNYAN.com Privacy Policy, which is incorporated into the LYDIABUNYAN.com’s Terms of Use. You are only authorized only to use the Website if you agree to abide by all applicable laws and to these Terms of Use. If you do not agree to these terms and conditions, please do not use this website.

Use of Site

You affirm that you are older than 18 years of age, or an emancipated minor, or that you are over age 13 and possess legal parental or guardian consent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. LYDIABUNYAN.com is not intended for children under 13. If you are under 13 years of age, then please do not use the LYDIABUNYAN.com Website.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LYDIABUNYAN Inc or other employee, agent, host, or representative of LYDIABUNYAN, Inc., and other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

LYDIABUNYAN.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without LYDIABUNYAN.com’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account page. In addition, you agree to immediately notify LYDIABUNYAN.com of any unauthorized use of your password or account or any other breach of security. LYDIABUNYAN.com cannot and will not be liable for any loss or damage arising from your failure to comply with the ‘Use of Site’.

By registering with LYDIABUNYAN.com, you represent that you are not a person barred by any laws from using the LYDIABUNYAN.com Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If LYDIABUNYAN.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the LYDIABUNYAN.com Website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the LYDIABUNYAN.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LYDIABUNYAN.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LYDIABUNYAN.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion. You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

Rules of Conduct

The following rules of conduct apply to your use of the Website and to any and all materials you post on LYDIABUNYAN.com, including text, data, graphics, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, emails, profiles, comments, or any other portion or feature of LYDIABUNYAN.com. You may not, in connection with the Website:

Upload, post, email or otherwise transmit any User Submission that:

  • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized.
  • infringes or violates any patent, copyright, trademark, trade secret or other property right.
  • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way.
  • constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech.
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation.
  • promotes software or services that deliver unsolicited e-mail.
  • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.


You may not, except with LYDIABUNYAN.com’s express advance authorization or in a specially designated area, use the website to:

  • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address.
  • engage in commercial activities within LYDIABUNYAN.com.
  • harm minors in any way.
  • solicit personal information from anyone under 18.
  • provide false or deceptive information.
  • use LYDIABUNYAN.com content to engage in commercial activities.
  • delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so.
  • allow usage by others in such a way as to violate LYDIABUNYAN.com’s Terms of Use.


The interactive nature of postings on LYDIABUNYAN.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by LYDIABUNYAN.com users, and any text, data, photographs, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by LYDIABUNYAN.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to LYDIABUNYAN.com, you hereby grant LYDIABUNYAN.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and LYDIABUNYAN.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

If you choose to post User Submissions on LYDIABUNYAN.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of LYDIABUNYAN.com reflects your respect for the legal rights of users connected with LYDIABUNYAN.com. You understand that LYDIABUNYAN.com does not guarantee any confidentiality with respect to any User Submission.

LYDIABUNYAN.com expressly disclaims any and all liability in connection with User Submissions. LYDIABUNYAN.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. LYDIABUNYAN.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

Third-Party Links

In an attempt to provide increased value to our visitors, LYDIABUNYAN Inc may link to sites operated by third parties. However, even if the third party is affiliated with LYDIABUNYAN Inc, LYDIABUNYAN Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of LYDIABUNYAN Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, LYDIABUNYAN Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Participation Disclaimer

LYDIABUNYAN Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, LYDIABUNYAN Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, LYDIABUNYAN Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to LYDIABUNYAN Inc in its sole discretion.

Intellectual Property Rights

All content on the Website, except User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for LYDIABUNYAN.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LYDIABUNYAN.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of LYDIABUNYAN.com or as expressly provided herein. LYDIABUNYAN.com reserves all rights not expressly granted in and to the Website and the Content contained therein. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of LYDIABUNYAN Inc. The collective work includes works that are licensed to LYDIABUNYAN Inc. Copyright 2010, LYDIABUNYAN Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with LYDIABUNYAN Inc or purchasing LYDIABUNYAN Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with LYDIABUNYAN Inc or to purchase LYDIABUNYAN Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by LYDIABUNYAN Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

LYDIABUNYAN.com respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with LYDIABUNYAN.com and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. LYDIABUNYAN.com reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Email: feedbackline@lydiabunyan.com


Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.


WARRANTY DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LYDIABUNYAN INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LYDIABUNYAN INC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LYDIABUNYAN INC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LYDIABUNYAN INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE "SERVICE PROVIDERS") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.

LIMITATION OF LIABILITY

LYDIABUNYAN INC SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF LYDIABUNYAN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT LYDIABUNYAN.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, ILLEGAL, OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE.

Typographical Errors

In the event that a LYDIABUNYAN Inc product is mistakenly listed at an incorrect price, LYDIABUNYAN Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LYDIABUNYAN Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, LYDIABUNYAN Inc shall issue a credit to your credit card account in the amount of the incorrect price.

Terms: Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LYDIABUNYAN Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. LYDIABUNYAN.com may, under certain circumstances and without prior notice, immediately terminate your LYDIABUNYAN.com account and access to the Website and any other LYDIABUNYAN.com services. LYDIABUNYAN.com reserves the right at any time to modify or discontinue, temporarily or permanently, LYDIABUNYAN.com (or any part thereof) with or without notice. LYDIABUNYAN.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LYDIABUNYAN.com (or any part thereof).

Notice

LYDIABUNYAN Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to LYDIABUNYAN Inc.

Violations

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to feedbackline@lydiabunyan.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, LYDIABUNYAN.com in its sole discretion may investigate the matter and take such action as LYDIABUNYAN.com determines to be appropriate.