Website Terms of Use

WEBSITE TERMS OF USE

TERMS OF USE.

USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS SITE.

Submission of Story. You agree to submit your story to “He Blew Her a Kiss” website and Angie Pechak Printup to be shared with the world without any compensation. If your story is published in a future book you will be contacted for a “Permission to Print” and upon completion of book publication receive a complimentary copy of the book.

You agree that no other compensation will be made to you from any potential “He Blew Her a Kiss” projects or any potential profits derived from these projects, other than a complimentary book if we use your story. This includes all forms of media (i.e. print, tv, film, social media, etc.).

General. This Site is owned and operated by He Blew Her a Kiss.com and Angie Pechak Printup. We reserve the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities. In using this Site, you must also not:

• Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;

• Misrepresent your identity or affiliation in any way;

• Violate any applicable laws or regulations; or

• Assist or permit any persons in engaging in any of the activities described above.

User-Submitted Information. You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to “He Blew Her a Kiss” website privacy policy, available on this Site.

Copyright. The design, images, text content and overall layout contained in this website are protected under U.S. and international law as copyrighted materials, whether registered or unregistered. Anyone who claims, displays, distributes, reproduces copies or creates derivative works for commercial or noncommercial purposes without the prior written permission of “He Blew Her a Kiss.com” is in violation of the copyright laws and is liable for copyright infringement to the greatest extent of the law. Permission for all uses of materials, including linking to any page at this Site except the “home page” (http://www.heblewherakiss.com), must be obtained from “He Blew Her a Kiss.com” website in advance. Requests for such authorization should be submitted via an email to Angie@heblewherakiss.com .

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by “He Blew Her a Kiss.com” website or by other companies where so indicated. “He Blew Her a Kiss.com” does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but “He Blew Her a Kiss.com,” or other companies where so indicated, retain(s) full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving “He Blew Her a Kiss.com,” or another company where so indicated, prior written notice of such activities.

Trademarks. All trademarks, service marks, logos and trade names displayed on this Site, whether registered or unregistered, are the exclusive property of “He Blew Her a Kiss.com,” or other companies where so indicated, and are protected under U.S. and international trademark law. Use of any of these marks without prior written permission of “Hew Blew Her a Kiss.com” or the appropriate owner is strictly prohibited.

Third-Party Content. This website contains content supplied by parties other than “He Blew Her a Kiss.com.” Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of “He Blew Her a Kiss.com.” Neither “He Blew Her a Kiss” website nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through “He Blew Her a Kiss” website represents the opinions and judgments of the respective third-party information provider or user, and not of “He Blew Her a Kiss” website.

Links to Other Websites. As you view this Site, you may notice links to other websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of “He Blew Her a Kiss” website’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from “He Blew Her a Kiss” website. “He Blew Her a Kiss” website is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by “He Blew Her a Kiss” website, or the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Jurisdictional Issues. This Site is controlled and operated by “He Blew Her a Kiss.com” from its offices within the State of Mississippi, United States of America. “He Blew Her a Kiss.com” makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls.

Monitoring. “He Blew Her a Kiss.com” shall have the right, but not the obligation, to monitor the content of this website to determine compliance with these Terms and any other operating rules established by “He Blew Her a Kiss.com.” “He Blew Her a Kiss.com” shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this website. Without limiting the foregoing, “He Blew Her a Kiss.com” shall have the right to remove any material that, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of “He Blew Her a Kiss.com,” users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither “He Blew Her a Kiss.com” nor any third party content provider shall assume or have any liability for any action or inaction by “He Blew Her a Kiss.com” or any third party content provider with respect to any conduct, communication or posting on this Site.

Termination. “He Blew Her a Kiss.com” may terminate your use of this Site, our mailing list, our test center, our online store, or any of our other services at any time and for any reason without notice including for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

Disclaimer of Warranty

(a) This Site is provided on an “as is” basis without warranties of any kind. To the fullest extent permissible pursuant to applicable law, “He Blew Her a Kiss.com” disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. “He Blew Her a Kiss.com” does not warrant that this Site or the server that makes it available are free of viruses or other harmful components. “He Blew Her a Kiss.com” does not make any representations or warranties regarding the use or the results of the use of the materials in this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

(b) Each user expressly agrees that use of this Site is at his or her sole risk. Neither “He Blew Her a Kiss.com,” nor any of its respective affiliates, employees, agents, third-party content providers, technical providers, or licensors, if any (“Companies”) warrant that this website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability, or content of any information, service, or merchandise provided through “He Blew Her a Kiss.com” or its content providers.

(c) “He Blew Her a Kiss.com” does not endorse, warrant or guarantee any product or service offered by a third-party through this Site and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.

Limitation of Liability

(a) The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that “He Blew Her a Kiss.com” is not liable for the defamatory, offensive or illegal conduct of third parties, including other users and that the risk of injury from the foregoing rests entirely with each user.

(b) In no event will “He Blew Her a Kiss.com” or the Companies or any person or entity involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this Site or the materials on it or out of the breach of any warranty, even if “He Blew Her a Kiss.com” or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

(c) “He Blew Her a Kiss.com” neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this Site, nor for any offensive, defamatory, or obscene posting made on the service by anyone. Under no circumstances will “He Blew Her a Kiss.com” be liable for any loss or damage caused by a user’s reliance on information obtained through the content and/or any postings on this Site. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through and from this Site.

(d) Each user specifically acknowledges that in no event will “He Blew Her a Kiss.com” or the Companies, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third-party in connection with the Site.

Indemnity. You agree to indemnify, defend and hold harmless “He Blew Her a Kiss.com” and the Companies, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.

Children. This website is a general audience site. “He Blew Her a Kiss.com” does not seek through this Site to gather personal information from or about persons under the age of 13.

Privacy. Use of this Site is also governed by “He Blew Her a Kiss.com’s” privacy policy, available at www.heblewherakiss.com and in the footer of this Site.

Other. These Terms shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to Angie@heblewherakiss.com, or via a letter to: He Blew Her a Kiss, 2188 Kindlewood Drive, Southaven, MS, 38672. We will endeavor to respond to you promptly.

PRIVACY POLICY

“He Blew Her a Kiss.com” website is committed to protecting your privacy. All information gathered on our websites is confidential. The information we gather is used for the purposes of our websites, research, marketing and to better serve your interests relating to our products.

Information collected about you and our use of such information. The following describes the types of personal and other information we may collect about you, and how we use and maintain that information:

Contact Information. “He Blew Her a Kiss.com” website may collect personal information about users. Any personal information (e.g., name, e-mail address, or otherwise) provided by such users may be used by “He Blew Her a Kiss.com” website or its respective affiliates, employees, agents, third-party content providers, third-party service providers, technical providers, or licensors, if any, as they may determine, without any compensation or consideration to the user. Further, by a user submitting content to “He Blew Her a Kiss.com” website, which may include the user name, photos, text, or otherwise, such user grants “He Blew Her a Kiss.com” website the right to review and categorize such content and to use such content in connection with its web activities. If “He Blew Her a Kiss.com” website desires to utilize the user’s content other than in connection with its web activities, the user will be notified via email, telephone or regular mail of its desire and a formal agreement will be negotiated.

Website Information. When you visit our website, a cookie may be placed on your computer or the cookie may be read if you have visited our website previously. If you choose to not have your browser accept cookies from “He Blew Her a Kiss.com” website, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our website in the future.

Other Information. We may retain any data you provide to us in an email or other inquiry, for any of the purposes we use other information collected on our website, including for tracking the types of questions that we receive.

Security. Whenever “He Blew Her a Kiss.com” handles information that you enter on our website, regardless of where this occurs, we take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, “He Blew Her a Kiss.com” website cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

When your information will be shared or disclosed. We do NOT share any personal names, addresses or contact information with any third parties.

Children’s Privacy. Although our websites may be accessed by children under the age of 13, we will not knowingly collect or use any personal information from such children. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

Other Websites. Our websites may contain links to other websites. Please be aware that “He Blew Her a Kiss.com” website is not responsible for the privacy practices of other websites. Each website should be checked for its own privacy policy. Any information you share with such a website is subject to its policies and practices and is independent of “He Blew Her a Kiss.com” website.

Changes To This Policy. “He Blew Her a Kiss.com” website may from time to time update this privacy policy. Whenever a change to this policy is significant, we will place a prominent notice on our websites.

Governing Law. By choosing to visit our website or otherwise provide information to “He Blew Her a Kiss.com” website, you agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the law of the Mississippi. You also agree to arbitrate such disputes and to abide by any limitation on damages contained in our Terms of Use or other agreement we have with you.

Update information/suggestions. If you would like to update or correct any information that you have provided to “He Blew Her a Kiss.com” website through your use of our website or otherwise, or you have suggestions for improving this privacy policy, please send an email to Angie@heblewherakiss.com.