terms of use

How We Collect and Use Information

This is a binding agreement. By using the Internet site located at www.ashlynn.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Ashlynn Marketing Group (AMG), a California LLC (the “Company”) from time to time in its sole and absolute discretion. The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

You agree that by using the service you represent that you are at least 21 years old and that you are legally able to enter into this agreement. California use only.

The Site is controlled and operated by the Company from its offices in the State of California.

The Company makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the
benefits or privilege of doing business in any state or jurisdiction other than California.

Account Information

When you are required to open an account to use or access the Site or Service, you must
complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password.

The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

User Content

You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and
representatives, including without limitation, a right to copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, and reformat User Content.

You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

The Company has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.

Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times
governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations.

The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
(d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent at:

Ashlynn Marketing Group
Attn: Website Administrator
NEED ADDRESS
Email: info@ashlynn.com

Violations

The Company reserves the right to terminate your use of the Service and/or the Site in its sole and absolute discretion. To ensure that the Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service.

The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished by the Company
with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties

The Company hereby disclaims all warranties. The Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability
of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by the company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites

The Company has no control over, and no liability for any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the
Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to
breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any
intellectual property or other right of any person or entity. The Company will notify you
promptly of any such claim, loss, liability, or demand; provided, that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to
indemnification hereunder.

Copyright

Trademarks

All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.

Governing Law / Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of San Diego, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given
dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Santa Barbara, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the site signifies your explicit consent to this waiver.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time or from time to time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision,
you shall abide by any such revision.

Acknowledgement

By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.

Sharing of Your Information

We will not rent or sell your information into third parties outside ASHLYNN MARKETING GROUP and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:

• Who we may share your information with: We may share your information with third-party business partners and Trusted Users for the purpose of providing the Site to you. Third party business partners will be given limited access to your information as is reasonably necessary to deliver the Site, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.

• Who can see User Content: Any User Content that you voluntarily disclose for posting to the Site becomes available to the public and cannot be removed, except by ASHLYNN MARKETING GROUP in its sole discretion. Once posted on ASHLYNN MARKETING GROUP, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Site, on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on ASHLYNN MARKETING GROUP. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.

• Who can see your IP address: If you post User Content on the Site while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Site. A selection of Trusted Users with administrative powers on ASHLYNN MARKETING GROUP have the ability to review IP addresses of users to reduce abusive behavior. Any third party site embedded on ASHLYNN MARKETING GROUP such as an advertiser, video provider, social network or other third party will also have access to your IP address.

• Who can see your email address: If you enter an email address, you will enable communication from ASHLYNN MARKETING GROUP and other Users. If you reply to users or participate in group ASHLYNN MARKETING GROUP activities such as meetups, your email address will be shared with these users. In addition, some email addresses such as blocked@wikiHow.com forward to a group of Trusted Users, who will use your email address to reply to the email.

What happens in the event of a change of control:

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, sites, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Site may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Instances where we are required to share your information:

ASHLYNN MARKETING GROUP will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Site; and/or (c) to exercise or protect the rights, property, or personal safety of ASHLYNN MARKETING GROUP, our Users, or others.

Sharing certain site type information we collect about you:

We may share certain site type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

Ads on the Site:

We may also share certain information such as your location, browser, and cookie data and other data relating to your use of our Site with our business partners to deliver advertisements (“ads”) that may be of interest to you. ASHLYNN MARKETING GROUP may allow third-party ad servers or ad networks to serve advertisements on the Site. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Site, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Site and on other websites, and to measure the effectiveness of their ads and to personalize the advertising content delivered to you.

For example, Google uses DART cookies in order to deliver ads to you through the Site. Google’s use of the DART cookie enables it and its partners to serve ads to you based on your visit to the Site and previous websites that you may have visited. Other advertising networks also use similar cookies, clear gifs, or other mechanisms to deliver targeted advertising to you through the Site. You can delete these cookies by following the instructions here: http://www.wikihow.com/Clear-Your-Browser%27s-Cookies . You may opt out of use of Google’s DART cookie and cookies placed by Network Advertising Initiative (NAI) certified ad networks here: http://www.networkadvertising.org/managing/opt_out.asp . Opting out of these cookies will be effective not only on the Site, but on all websites with NAI certified advertising networks. However, these opt-outs will be ineffective on networks that are not NAI certified.

Please note that an advertiser may ask ASHLYNN MARKETING GROUP to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, ASHLYNN MARKETING GROUP or our Partners determines the target audience and ASHLYNN MARKETING GROUP serves the advertising to that audience and only provides anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

To enhance your user experience or help us improve and measure our effectiveness, ASHLYNN MARKETING GROUP may embed code from third parties on the Site. Examples of such parties may include Facebook, Twitter, Pinterest, Google, YouTube, Howcast, VideoJug, AOL, and others. These third parties may collect information about you including IP address, cookies in ways ASHLYNN MARKETING GROUP does not control.

The ASHLYNN MARKETING GROUP Privacy Policy does not apply to, and we cannot control the activities of third-parties. Please consult the respective privacy policies of such third parties or contact such third parties for more information.

How We Store and Protect Your Information

Storage and Processing:

Your information collected through the Site may be stored and processed in the United States or any other country in which ASHLYNN MARKETING GROUP or its subsidiaries, affiliates, or site providers maintain facilities. ASHLYNN MARKETING GROUP may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which ASHLYNN MARKETING GROUP or its parent, subsidiaries, affiliates, or site providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe:

ASHLYNN MARKETING GROUP cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Site. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from ASHLYNN MARKETING GROUP, at all times. However, ASHLYNN MARKETING GROUP cannot ensure or warrant the security of any information you transmit to ASHLYNN MARKETING GROUP or guarantee that information on the Site may not be accessed, disclosed, altered, or destroyed.

Your privacy settings may also be affected by changes to the functionality of third party sites and sites that you add to the ASHLYNN MARKETING GROUP Site, such as social networks. ASHLYNN MARKETING GROUP is not responsible for the functionality or security measures of any third party.

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, ASHLYNN MARKETING GROUP will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your Choices about Your Information

Opting out of collection of your information for Tracking / Advertising:

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents ASHLYNN MARKETING GROUP or its business partners from tracking your browser’s activities in relation to the Site, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Site.

Children’s Privacy

ASHLYNN MARKETING GROUP does not knowingly collect or solicit any information from anyone under the age of 21 or knowingly allow such persons to register visit the Site. The Site and its contents are not directed at children under the age of 21. In the event that we learn that we have collected personal information from a child under age 21 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 21, please contact us at ashlynn.com.

Links to Other Websites and Sites

We are not responsible for the practices employed by websites or sites linked to or from the Site, including the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy does not apply to third-party websites or sites. Your browsing and interaction on any third-party website or site, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not control over any third-parties that you authorize to access your User Content. If you are using a third-party website or site (like Facebook, Google groups, or an IRC chatroom) and you allow such a third-party access to you User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Site