Last updated on: June 22, 2020
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you do not need to register for a Idyllwild account (“Account”). You may register for an Account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Idyllwild may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Idyllwild will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Idyllwild cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Idyllwild will result in an immediate termination of your services.
2. Account Activation
The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
3. Copyright and Limited License
We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts, and other content supplied by us, the Idyllwild Account Owners or our licensors, which we call “Idyllwild Content.” Idyllwild Content is protected by intellectual property laws, including copyright and other proprietary rights of the United States and foreign countries. Except as explicitly stated in this Agreement, we do not grant any express or implied rights to use Idyllwild Content. You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Idyllwild Content for your personal use. You retain ownership of and responsibility for Content you create or own (“Your Content”). If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
4. General Conditions
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Oregon and the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Oregon with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Idyllwild may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Idyllwild’s website, available at https://idyllwildstudio.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Idyllwild’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Idyllwild service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the State of Oregon. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Idyllwild.
On Idyllwild, you cannot discriminate based upon:
- National origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
It is your responsibility as a buyer to know your local laws and any other legal regulations on discrimination that might apply to you. Whatever your activity is on Idyllwild, discrimination is not allowed. Examples of prohibited behavior on Idyllwild include, but are not limited to:
- Derogatory or demeaning remarks against protected groups listed above
- Racial slurs
- Posts that support or glorify current or historical hate groups
If you think discrimination has occurred on Idyllwild, please report it by e-mailing us at https://idyllwildstudio.com/contact and we will investigate.
6. Idyllwild Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Idyllwild customer, Idyllwild employee, member, or officer will result in immediate Account termination.
7. Limitation of Liability
- You expressly understand and agree that Idyllwild shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Idyllwild or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Idyllwild partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Idyllwild does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Idyllwild does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Idyllwild does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
8. Waiver and Complete Agreement
The failure of Idyllwild to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Idyllwild and govern your use of the Service, superseding any prior agreements between you and Idyllwild (including, but not limited to, any prior versions of the Terms of Service).
All the things you do and all the information you submit or post to the Service remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your content or actions that infringe the law or the rights of a third party or person in any way. Specifically, you agree to hold us, our affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Service, your violation of this user agreement, and/or your violation of the rights of any third-party or person.
To the fullest extent permitted by applicable law, the Service and the Idyllwild Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties implied by any course of performance or usage of trade. The company does not represent or warrant that the Service and the Idyllwild Content: (a) will be secure or available at any time or location; (b) are accurate, complete, reliable, current, or error-free or that any defects or errors will be corrected; and (c) are free of viruses or other harmful components. Your use of the Service and Idyllwild Content is solely at your own risk. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
11. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Idyllwild or the any related party to Idyllwild, that includes but is not limited to, subsidiaries, vendors, or contractors, be liable for any special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of, or in any way connected with, the use of, or inability to use, the Service or the Idyllwild Content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Idyllwild or any related party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use of the Service Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you.
12. Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service, or any features or portions of the Service, without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service.
13. Cancellation and Termination
- You may cancel your Account at anytime by emailing us (https://idyllwildstudio.com/contact) and then following the specific instructions indicated to you in Idyllwild’s response.
- We reserve the right to modify or terminate the Idyllwild Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Idyllwild may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
14. Modifications to the Service
- Idyllwild reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Idyllwild shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Please read the following section carefully because it requires you to arbitrate certain disputes with Idyllwild and limits the way you can seek relief from Idyllwild. If you do not agree with this Section 15, please discontinue using the Service.
- Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Idyllwild: (a) waive your right to have any and all disputes or Claims arising from this Agreement or Idyllwild (collectively, “Disputes”) resolved in a court; and (b) waive your right to a jury trial. Instead, you and Idyllwild will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it, instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions. You agree that any dispute is personal to you and Idyllwild and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual makes and attempt to resolve a dispute as a representative of another individual or group of individuals. Further, you and Idyllwild agree that a dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Federal Arbitration Act. You agree that this Agreement affects interstate commerce and that the enforceability of this Section 15 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.
- Process. You agree that you will notify us in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the us shall be provided by sending an email via https://idyllwildstudio.com/contact. Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If we cannot agree how to resolve the Dispute within thirty (30) days of the us receiving the notice, either you or Idyllwild, as appropriate pursuant to this Section 15, commence an arbitration proceeding or file a claim in court. You agree that any arbitration or claim against us must be commenced or filed within one (1) year after the Dispute arose; otherwise, you agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You have read, understand, and agree that: (a) any arbitration will occur in New York County, New York; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) the state or federal courts in New York will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. You may also litigate a Dispute in small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
- Authority of Arbitrator. As limited by the FAA, this Agreement and applicable JAMS rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’ s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- Rules of JAMS. The rules of, and additional information about, JAMS are available on the JAMS website at http://www.jamsadr.com/, as may be updated from time to time. By agreeing to be bound by this Agreement, you either: (a) acknowledge and agree that you have read and understand the rules of JAMS; or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Severability. If any term, clause, or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other terms, clauses or provisions will remain valid and enforceable. Further, the waivers set forth in Section 15.2 are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
16. Applicable Law and Venue
This Agreement and your access to and use of the Service and the Idyllwild Content will be governed by, and construed in accordance with, the laws of Oregon, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 15 does not apply and the Dispute cannot be heard in small claims court, you agree that any action at law or in equity arising out of, or relating to, this Agreement shall be filed only in the state and federal courts located in Jackson County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
We reserve the right, without notice and in our sole discretion, to terminate your license to access and use of the Service, which includes, idyllwildstudio.com, and to block or prevent your future access to, and use of, the Service that we provide.
If any term, clause, or provision of this Agreement is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This policy is a part of our Terms of Service. By using any of Idyllwild services, you’re agreeing to this policy and our Terms of Service.