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Terms of Use

Acceptance of the Terms of Use

By using the website leolionni.com (the “Site”), you agree to the following Terms of Use, which constitute an agreement between you and Blueandyellow, LLC (hereinafter referred to as “we” or “us”).  If you do not agree to these Terms of Use, please do not access or use the Site. 

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Changes to the Terms of Use

We reserve the right to modify these Terms of Use at any time.  Your continued use of the Site following the posting by us of any changes to the Terms of Use means that you accept and agree to abide by such changes. We expressly reserve the right to deny or restrict access to the Site for failure to follow the terms set forth herein.

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Permitted Users of this Site

This Site is intended and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are 13 years of age.  If you are not 13 years of age or older, you must not access or use the Site. In any event, the Site’s hosting service collects only a persistent identifier (the user’s IP address) for the purposes of internally operating the Site, such persistent identifiers are not used or disclosed to contact a specific individual, including through behavioral advertising, to amass a profile on a specific individual or for any other purpose; and the Site does not collect any other personal information

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Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users..

 

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

You must not:

  • Modify copies of any materials from this site.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The LEO LIONNI trade name and trademark and all related names, logos, product and service names, designs, and slogans are our or our affiliates’ trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

 
Privacy

Your privacy is of great importance to us. All information gathered from you related to your use of the Site will be governed by our Privacy Policy.

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Permitted Use

You may make a single copy of pages from the Site on your hard drive or in print for your own personal, non-commercial use. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials will retain all copyrights, trademarks, and other proprietary notices in the same form and manner as on the original.

 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To impersonate or attempt to impersonate our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

  • Use any manual process, robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site without our authorized consent.

  • Use any device, software or routine that interferes with the proper working of the Site; to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or to otherwise attempt to interfere with the proper working of the Site.

 

Monitoring of the Site

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect us and/or other users of the Site. Despite the fact that we have no monitoring obligations, we reserve the right to remove any and all material, in our sole discretion, which is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate the Terms of Use. Because the user content offered in the Site is provided by other users and we do not monitor or exercise control over the user content, we do not make any warranties or representations regarding any of the user content offered via the Site or the quality thereof. We do not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by our users or otherwise embodied in the content. You understand that by using the Site, you may be exposed to content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall we be liable under any theory for such exposure. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any user content you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (i) to maintain any user content in confidence; (ii) to pay to you any compensation for any user content; or (iii) to respond to any user content. You agree that any user content submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no user content submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. We are not a backup service for storing user content, and therefore we shall have no liability regarding any loss of user content. You are solely responsible for creating backups of any user content you post using the Site.

 

Notices of Claimed Copyright Infringement

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C 512) by sending the following information in writing to contact@leolionni.com.

 

The notification must be set forth in a communication containing a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and contain:

  1. A description 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;

  2. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

  3. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

  4. A statement that you have 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; and

  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

Indemnification

By agreeing to these Terms of Use, you agree to indemnify, defend and hold harmless us, our directors, officers, employees, agents, licensors, business partners, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively “us and our Affiliates” or “we and our Affiliates”)) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by us and our  Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. We and our Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent. You further agree to hold us harmless from any claim arising from a third party’s use of information or materials of any kind that you post in a Public Area.

 

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

NEITHER WE, OUR AFFILIATES, NOR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Links To Third Party Sites

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This Web Site may contain links to web sites controlled, owned, and operated by third parties. You acknowledge and agree that we cannot control and have no responsibility for the accuracy or availability of information provided by linked sites and have no responsibility for your transactions based on or related to the advertisements and links. You further acknowledge that use of any websites controlled, owned, or operated by third parties is governed by the terms and conditions of use for those websites, and not by these Terms of Use. Links to external websites (including external websites which are framed by the Site) or inclusions of advertisements do not constitute an endorsement by us of such sites or the content, products, advertising, or other materials presented on such sites, but are for your convenience and you access them at your own risk.

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Our Linking Policy

You may link to the Site only if you abide by our Linking Policy, set forth below. We welcomes links made from other sites to the Site, provided that you comply with the following requirements:

  1. You may not frame or alter the appearance of the Site.

  2. You may not state or imply that we endorse, sponsor, or otherwise approve your site or any other sites.

  3. You may not use any of our trademarks or logos without our prior written consent.

You must abide by all of the other Terms of Use. For example, you may not reproduce or host our content on your site.

 
Violation of Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against a party alleged to be causing interference or otherwise violating our or our users’ rights. We may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of us, our employees, users of the Site and the public.

 

Termination

You acknowledge and agree that we may suspend or terminate your access or use of the Site without prior notice if you engage in conduct that we, in our sole discretion, believe violates any term or provision of these Terms of Use, otherwise violates our rights or those of third parties, or is otherwise inappropriate for continued access and use of the Site. You further acknowledge and agree that we may suspend or terminate your access and use of the Site at any time, with or without cause, in our absolute discretion and without notice. In the event we do take legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted us. The relevant version of these Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, the General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

 

General Provisions

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Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the city and state of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use, Privacy Policy, and General Terms and Conditions constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

 

Your Comments and Concerns

 

The Site is operated by Blueandyellow, LLC with an address of Attn: Ann Lionni; P.O. Box 1608; New York, NY 10028.

 

All notices of copyright infringement claims should be sent to contact@leolionni.com.

 

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to contact@leolionni.com.

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