Terms of Use

Welcome to A Secret Penny website (“Website”.) The Website is owned, maintained and made available for use by A Secret Penny, LLC. This webpage contains the Terms of Use (“Terms”) governing your access to and use of the A Secret Penny Website. THESE ARE THE RULES YOU ARE REQUIRED TO FOLLOW AT ALL TIMES WHEN USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY. PLEASE BE SURE TO READ THESE TERMS AND OUR PRIVACY POLICY INCLUDING OUR CHILDREN’S PRIVACY AND COPPA COMPLIANCE POLICY: WWW.COPPA.ORG CAREFULLY BEFORE YOU USE THIS SITE. If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the Website.

1. Terms Applicable To All Users

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A. For users who are registered with the Website, your use of the Website shall be subject to (a) certain designated terms (see Section B below) in addition to those terms applicable to all users. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes to Terms

A Secret Penny, LLC may, at any time, for any reason and without notice, make changes to (a) this Website, including its look, feel, format, and content, as well as (b) the products and/or services as described in this Website. We also reserve the right to change, add to or delete portions of these Terms at any time by posting such changes on this Website and additionally posting a notice that the Terms have been modified as of a particular date. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned.

At all times, your continued use of the Website after changes are posted, signifies your agreement to be bound by these updated Terms. We also reserve the right at any time, without further notice, obligation or penalty, to suspend or terminate this Website. These Terms apply no matter how the Website was accessed including, but not limited to: URL address, electronic mail, or links from other Websites. Users under the age of 13 years old may not use the Website directed to registered users only (“Registered”).

Areas of the Website that are limited to Registered users may be accessed by those under 13 providing a parent or legal guardian agrees to such user’s use, takes on the obligations required in this Terms of Use and assumes full responsibility for such user’s use. As a parent or legal guardian of a user who is under the age of 13, you must register. give your written consent to such user’s use of the Website, agree to assume the obligations provided under these Terms, and accept full responsibility for such user’s use of the Website.

3. Jurisdiction

This Website is controlled and operated from within the United States of America by A SECRET PENNY, LLC and is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. A SECRET PENNY, LLC makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Jurisdictional Issues/Governing Law

The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the state of Nevada without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Online Services shall be finally adjudicated or determined in any court or courts of the state of Nevada, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Nevada law.

5. Proprietary Rights and Authorized Uses

The materials at this Website, as well as the organization and layout of this Website, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Intellectual property rights as well as titles and content contained on or accessible through the Website (including, without limitation: any and all articles, blogs, text, images, graphics, artwork, photographs, video clips, audio clips, music, logos trademarks, trade names, service marks, software, database (known collectively as “Website Content”) are owned by A Secret Penny, LLC, its agents, suppliers, affiliates and/or their licensors or by the owners of such material and are protected by copyright laws and treaties and are the sole and exclusive property of the aforementioned.

You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of the Website, or portions of the Website, must include A Secret Penny, LLC copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of A Secret Penny, LLC except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of A Secret Penny, LLC. You may not use a part of this Website on any other Website, without A Secret Penny, LLC’s prior written consent. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website is strictly prohibited without the prior written consent of A Secret Penny, LLC.

6. Copyrights and Trademarks

All trademarks, trade names, service marks, copyrights, and logos of A Secret Penny, LLC including, without limitation: “A Secret Penny,” “J.S. Firefly,” “Whistle,” “Tinster Wellsford III – Tiny,” “Sara,” “Kurt,” “Nana,” “Rachael,” A Secret Penny.com name, Secret Penny.com, J.S. Firefly.com name may not be used or copied in any manner without prior written consent of A Secret Penny, LLC. All other trademarks, trade names, service marks, copyrights and logos that appear on the Website are property of their individual owners and may in no way be used without their explicit consent. A Secret Penny, LLC respects the intellectual property rights of others and expects our user/users to do the same. The policy of A Secret Penny, LLC is to terminate the accounts of copyright offenders and other users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@asecretpenny.com. Be advised that A Secret Penny, LLC will enforce its intellectual property rights to the fullest extent of the law. YOU ONLY HAVE THE RIGHT TO USE THIS WEBSITE AND THE WEBSITE CONTENTS IN ACCORDANCE WITH THE TERMS OF USE. Unauthorized use of A Secret Penny may be in violation of copyright laws and the laws set forth by the United States as well as the international laws and treaties set forth by foreign countries. A Secret Penny, LLC does not warranty nor represent that the user will use the material presented on this Website in a manner that will not infringe upon the rights of third parties not owned or affiliated with A Secret Penny, LLC.

7. Scope of Use and User E-Mail

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that:

(a) are defamatory, threatening, obscene or harassing,

(b) contain a virus, worm, Trojan horse or any other harmful component,

(d) otherwise violate any applicable laws. A Secret Penny, LLC shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

8. Registration and Personally Identifiable Information

To access certain areas or features of the Website, certain personally identifiable information may be requested by us. Should you choose to register, you acknowledge, warrant, and affirm that:

(a) You have the power and authority to enter into this agreement.

(b) You are at least thirteen (13) years old.

Collection and use of personally identifiable information and policies regarding your privacy are set forth in the Website’s Privacy Policy. It is your responsibility to provide A Secret Penny, LLC with true, accurate and updated information. Should you provide untrue or inaccurate information, or that A Secret Penny, LLC reasonably believes to be untrue or inaccurate A Secret Penny, LLC reserves the right to suspend or terminate use of the Website. You further acknowledge and agree that A Secret Penny, LLC cannot and does not guarantee the security of any personal information sent to us online.

ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS.

9. Accounts and Security

A Secret Penny, LLC does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password (“Password”) and Username (“Username”). You shall provide A Secret Penny, LLC with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not:

Select or use a Username of another person with the intent to impersonate that person.
Use a name subject to the rights of any other person without authorization.
Use a Username that this Website, in its sole discretion, deems inappropriate or offensive.

10. Links

As a convenience, we may provide links to various other unaffiliated third party websites that may be of interest to you. However, A Secret Penny, LLC does not control such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, content, products, services, advertising or other materials that may or may not be offered by or through such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to A Secret Penny, LLC’s website and the products and services A Secret Penny, LLC offers. A link from our Website to another site does not constitute an endorsement by A Secret Penny, LLC of another Website or the information, content, products, services, advertising or other materials presented by or through them.

If you decide to access any of the third party sites linked to this Website, you do so at your own risk. A Secret Penny, LLC reserves the right to terminate any link or linking program at any time. A Secret Penny, LLC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without A Secret Penny, LLC’s written permission. If you are interested in linking to this Website, please contact: info@asecretpenny.com.

11. Material Submitted By You

A Secret Penny is pleased to hear from its users. The following applies to all forms of contact with us by e-mail or in any other way as well as posting correspondence such as comments, videos/photographs or other materials (“Submitted Material”) on the Website in any forum, public or otherwise, that we may, at our discretion, make available:

(a) We do not accept, solicit or assume any responsibility or liability for any confidential, creative, secret, proprietary information or any other material post, uploaded or by any other method published on or via the Website or sent to us by you.

(b) You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify A Secret Penny, LLC or its affiliates from all claims resulting from content you supply.

(c) By sending or submitting this material to us, you further acknowledge that it may be used by us (including our business partners) without any restrictions and in any way we see fit, in any and all present media or technology that may arise in the future without compensation to you or any other party and without the need of further notice or consent from you or any other party.

(d) Further, if you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to A Secret Penny, LLC by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted A Secret Penny, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. A Secret Penny, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to A Secret Penny, LLC by email.

We try to answer every e-mail in a timely manner, but are not always able to do so. Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. You may not submit or post any content that A Secret Penny, LLC at its sole discretion considers inappropriate/harmful including but not limited to profane, slanderous, sexually explicit, racist, bigoted, hateful, threatening or in any way invasive of any third party’s rights or violates any law. SHOULD YOU EVER FIND ANYTHING OF THIS NATURE ON THE WEBSITE, NOTIFY US IMMEDIATELY AT: info@asecretpenny.com .

Please be aware that we reserve the right to, but may or may not, review or edit any Submitted Material before such material appears on the Website. While we cannot be responsible for maintaining the material you submit to us, you agree that A Secret Penny, LLC may, for any reason, at any time and in our sole discretion, delete, remove, replace or in any other fashion manipulate such material. A Secret Penny, LLC reserves the right (but is not obligated) to do any or all of the following:

(a) Record the dialogue in public chat rooms.

(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s)

(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.

(d) Terminate a Member’s access to any or all Public Areas and/or the A Secret Penny, LLC Website upon any breach of these Terms of Use.

(e) Monitor, edit, or disclose any communication in the Public Areas. (f) Edit or delete any communication(s) posted on the A Secret Penny, LLC Website, regardless of whether such communication(s) violate these standards. A Secret Penny, LLC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. A Secret Penny, LLC has no liability or responsibility to users of the A Secret Penny, LLC Website or any other person or entity for performance or nonperformance of the aforementioned activities.

(a) Record the dialogue in public chat rooms.

(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s)

(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.

(d) Terminate a Member’s access to any or all Public Areas and/or the A Secret Penny, LLC Website upon any breach of these Terms of Use. (e) Monitor, edit, or disclose any communication in the Public Areas.

(f) Edit or delete any communication(s) posted on the A Secret Penny, LLC Website, regardless of whether such communication(s) violate these standards. A Secret Penny, LLC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. A Secret Penny, LLC has no liability or responsibility to users of the A Secret Penny, LLC Website or any other person or entity for performance or nonperformance of the aforementioned activities.

12. No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to A Secret Penny, LLC that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website

13. Spamming

Gathering e-mail addresses from A Secret Penny, LLC through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with A Secret Penny, LLC should be directed to: info@asecretpenny.com.

14. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESSED, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH A SECRET PENNY, LLC EXPRESSLY DISCLAIMS.

A SECRET PENNY, LLC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND A SECRET PENNY, LLC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.

A SECRET PENNY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY A SECRET PENNY, LLC.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

15. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Nevada, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

16. Separate Agreements

You may have other agreements with A Secret Penny, LLC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with A Secret Penny, LLC.

17. DMCA Copyright Policy and Copyright Agent

A Secret Penny, LLC respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(d) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(e) A statement that the complaining party has 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.

(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. The Website’s Copyright Agent can be reached at:

A Secret Penny, LLC

P.O. Box 854

Bellport, NY, 11713

Attention: Copyright Agent

Telephone: (631) 289-1371

Or e-mail us at: info@asecretpenny.com.

18. Users Disputes

You are solely responsible for your interactions with other Users. A Secret Penny, LLC reserves the right, but has no obligation, to monitor disputes between you and other Users.

19. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any A Secret Penny, LLC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Nevada, U.S.A.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties.

Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

20. Limitation of Liability

YOUR USE OF THE CONTENT OF THE WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES OR EVENT SHALL A SECRET PENNY, LLC, ITS OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PARTNERS, AFFILIATES, BUSINESS PARTNERS, AGENTS, SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”} BE LIABLE REGARDLESS OF THE CAUSE OR DURATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF A SECRET PENNY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.)

A SECRET PENNY, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT OF THE WEBSITE, AND IN NO EVENT SHALL A SECRET PENNY, LLC OR THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT, TRANSMISSION OR ANYTHING ELSE THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY A SECRET PENNY, LLC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

21. Indemnity

You agree to defend, indemnify, and hold A Secret Penny, LLC, and its Protected Entities, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. Please feel free to contact us, if you would like to request additional information regarding these Terms of Use, or our Website: info@asecretpenny.com.

Last Updated: August 6, 2015

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