Terms of Use

Terms of Use (“Terms”)

Last updated: 2/11/18

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://lundmarkadvertising.com, or https://lundmarkadv.com website (the “Site”) operated by Lundmark Advertising + Design LLC (“us”, “we”, or “our”).

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

Termination

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).You are responsible for the Content that you post to the Site, including its legality, reliability, and appropriateness.

By posting Content to the Site, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You retain any and all of your rights to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms. You agree that all photos that you upload through our upload form, or otherwise provided are published and licensed under the Creative Commons Zero license.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Links To Other Web Sites

Our Site may contain links to third-party web sites or Sites that are not owned or controlled by Lundmark Advertising + Design LLC.

Lundmark Advertising + Design LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Sites. You further acknowledge and agree that Lundmark Advertising + Design LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Sites available on or through any such web sites or Sites.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Disclaimers

THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND Lundmark Advertising + Design LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Lundmark Advertising + Design LLC uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Lundmark Advertising + Design LLC, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Lundmark Advertising + Design LLC ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via email at: [email protected]. In addition, Lundmark Advertising + Design LLC is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk. Lundmark Advertising + Design LLC, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.

Indemnification and Termination Policy

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Lundmark Advertising + Design LLC, or if you otherwise infringe any intellectual property rights relating to the photographs, Products or this web site, you agree to indemnify and hold Lundmark Advertising + Design LLC, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach of this terms of this Agreement. Your privilege to access, use, and contribute to our Sites depends on your compliance with the following guidelines. We may revoke your privileges to use our Site and take any other appropriate measures to enforce our guidelines if persistent violations are brought to our attention. Additional penalties for violations of the Terms of Use of this agreement may include, but are not limited to, providing information to authorities (for images of child pornography or child abuse) and civil penalties.

Other Terms

This Agreement shall be governed by the laws of the State of Missouri without giving effect to any principles of conflicts of law. Lundmark Advertising + Design LLC reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time. These Terms of Use constitute the entire agreement between you and Lundmark Advertising + Design LLC with respect to the use of this site and any Lundmark Advertising + Design LLC Sites. Lundmark Advertising + Design LLC’ failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Contact Us

If you have any questions about these Terms, please contact us.