These Terms of Service govern your use of all online services provided or authorized by Welby Street Press LLC [“THM”] including, but not limited to, our websites, email notifications, applications, buttons, widgets, ads, and commerce services, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our online services [“content”]. By accessing or using any THM online service, you agree to be bound by these Terms. If you do not agree to these terms, do not use any THM online service.
Any content that you post, upload, or submit to our online services may be viewed, downloaded, copied, or otherwise used by the general public. Although you retain all intellectual property and other rights in your content, you grant THM a perpetual, royalty free, non-exclusive, irrevocable, and worldwide license to display, copy, distribute, sublicense, or otherwise use your content in any manner in which THM, in its sole discretion, deems appropriate. This includes, to the fullest extent permitted by law, all copyright, trademark, publicity, or moral rights, and you promise not to assert those rights against THM, its successors, or its assigns.
You warrant that any content that you submit to THM does not infringe the intellectual property rights of any other party, and you agree to indemnify and hold THM harmless for any expenses it incurs in connection with the intellectual property rights of your content, including reasonable attorney’s fees.
Although THM does not endorse or support untruthful, inaccurate, or unreliable content posted on its online services, THM may not monitor or control all content and you may be exposed to content that you deem to be improper. THM shall not be liable for any loss or damages of any kind incurred due to such content, whether it appears on THM’s online services or is republished elsewhere. THM retains the sole right to publish, delete, moderate, or otherwise manage content posted on its online services.
3. Intellectual Property Claims
THM respects claims for infringement of intellectual property and will respond to lawful claims under the Digital Millennium Copyright Act. If you believe your rights have been infringed, send your DMCA notification to the following address: THM DMCA Designated Agent, PO Box 323, Lyles, Tennessee 37098 or via email to DMCA@trimhealthymama.com.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on any THM online service, including the design and arrangement of such items, is owned by THM and is protected by trade dress, copyright, patent and trademark laws, or other applicable laws. No part of any THM website or online service may be used in any manner without THM’s written permission.
All THM information, content, materials, products and other services made available to you are provided on an “as is” and “as available” basis, unless otherwise specified in writing. THM makes no representations or warranties of any kind, express or implied, as to the operation of its online services, or the information, content, materials, products or other services made available to you through the online services, unless otherwise specified in writing. You expressly agree that your use of THM’s online services is at your sole risk.
To the extent permissible by applicable law, THM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. THM will not be liable for damages of any kind arising from the use of any online service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
These terms may be modified from time to time by THM, and you agree to be bound by any such modifications. The laws of the State of Tennessee shall govern these terms, and any dispute arising from these terms shall be brought in a court of competent jurisdiction located in Davidson County,Tennessee. You agree to the jurisdiction and venue of that court and expressly waive the right to trial by jury. The prevailing party in any dispute shall be entitled to recover all expenses incurred in connection therewith, including reasonable attorney’s fees. These terms are severable and may only be modified in writing signed by both parties. Any waiver of any provision of these terms must be in writing signed by the party against whom the waiver is asserted.