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Terms of Service

Hello. hautecakes

This is a place where I talk and you listen and sometimes you talk back to me. I share photographs and inspirational things and if I’m feeling really feisty I might even include a recipe or two. Let me take a minute to tell you how I’d like things to work around here because Lord knows I can cover a lot of ground from camera reviews to tales of head lice.

By visiting this site you understand and agree to the following.

  • All content provided on this blog is for informational purposes only.
  • I makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. In other words I am not a doctor and anything that could be construed as advice, medical and otherwise  should be taken with a grain of salt. Remember this is my personal story.
  • I am not be liable for any errors or omissions in this information nor for the availability of this information. I will  not be liable for any losses, injuries, or damages from the display or use of this information.
  • What I write and share is my opinion and usually a very honest account of a personal experience. I may change names to protect the identity of the individual involved depending on the situation. but for the most part the people involved are real.
  • My photographs are my art and are not to be shared, blogged, tumbled, pinned, reposted on Instagram without permission.
  • If you do want to mention me somewhere in your blog or site (I think that is lovely) please link with love.
  • Any comments that include hateful or hurtful language will be removed faster than you can say the word ‘grapevine’ three times. Go ahead try.

These terms and conditions of use are subject to change at anytime and without notice.

And now for the very complete albeit dry version of the Terms of Use.


Agreement between user and WWW.THEMODCHIK.COM.

Welcome to WWW.THEMODCHIK.COM. The WWW.THEMODCHIK.COM website (the “Site”) is comprised of various web pages operated by Lindsey Garrett. WWW.THEMODCHIK.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of WWW.THEMODCHIK.COM constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.     WWW.THEMODCHIK.COM is a lifestyle blog website.  Lindsey Garrett and its website themodchik.com was created to showcase photos and short narratives about personal experiences.

Privacy

Your use of WWW.THEMODCHIK.COM is subject to Lindsey Garrett’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting WWW.THEMODCHIK.COM or sending emails to Lindsey Garrett constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.     Lindsey Garrett does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use WWW.THEMODCHIK.COM only with permission of a parent or guardian.

Links to third party sites/Third party services

WWW.THEMODCHIK.COM may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lindsey Garrett and Lindsey Garrett is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lindsey Garrett is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lindsey Garrett of the site or any association with its operators.     Certain services made available via WWW.THEMODCHIK.COM are delivered by third party sites and organizations. By using any product, service or functionality originating from the WWW.THEMODCHIK.COM domain, you hereby acknowledge and consent that Lindsey Garrett may share such information and data with any third party with whom Lindsey Garrett has a contractual relationship to provide the requested product, service or functionality on behalf of WWW.THEMODCHIK.COM users and customers.

No unlawful or prohibited use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use WWW.THEMODCHIK.COM strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lindsey Garrett that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.     All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lindsey Garrett or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.     You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lindsey Garrett content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lindsey Garrett and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lindsey Garrett or our licensors except as expressly authorized by these Terms.

International Users 

The Service is controlled, operated and administered by Lindsey Garrett from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lindsey Garrett Content accessed through WWW.THEMODCHIK.COM in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Lindsey Garrett, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lindsey Garrett reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lindsey Garrett in asserting any available defenses.

Liability disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LINDSEY GARRETT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.     LINDSEY GARRETT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LINDSEY GARRETT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINDSEY GARRETT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LINDSEY GARRETT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Lindsey Garrett reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.     You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lindsey Garrett as a result of this agreement or use of the Site. Lindsey Garrett’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lindsey Garrett’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lindsey Garrett with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.     Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lindsey Garrett with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lindsey Garrett with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Lindsey Garrett reserves the right, in its sole discretion, to change the Terms under which WWW.THEMODCHIK.COM is offered. The most current version of the Terms will supersede all previous versions. Lindsey Garrett encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Lindsey Garrett welcomes your questions or comments regarding the Terms:

Email Address: lindsey (at) themodchik.com

last updated June 25, 2016.

© 2010–2022 LINDSEY GARRETT ALL RIGHTS RESERVED.