Terms of Service

Effective Date: June 1, 2022

  1. Agreement 

Welcome to Molly Inclan Creative.  Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).   

These Terms of Service (the “Terms”) are a binding contract between you and Molly Inclan Creative, LLC (“Molly Inclan Creative,” “we,” “our” and “us”).  You must agree to and accept all of the Terms, or you don’t have the right to use the Services.  Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.  

PLEASE NOTE THAT MOLLY INCLAN CREATIVE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION PROVIDED THROUGH THE SERVICES. THE INFORMATION PROVIDED IS GENERALIZED ADVICE MEANT TO BE USED FOR EDUCATIONAL, INFORMATIONAL, OR ENTERTAINMENT PURPOSES ONLY. THE INFORMATION DOES NOT CONSTITUTE FINANCIAL, LEGAL, MEDICAL, OR HEALTH ADVICE AND IS NOT MEANT TO BE CONSTRUED AS INDIVIDUALIZED ADVICE.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 21 BELOW. 

2. Modification

Molly Inclan Creative reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

3. Privacy Policy

Our Privacy Policy discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully.

4. Eligibility

The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.

5. Explanation of Service 

The Services offered by Molly Inclan Creative involve a blog with blog posts, geared toward young professionals in college, offering users personal finance, career and life advice. Advice provided on or through the Services is the opinion of the author, provided for educational and informational purposes only. It should not be construed as individualized financial, legal, or professional advice. 

6. Acceptable Use

Molly Inclan Creative hereby grants you permission to access and use the Services provided such use is in compliance with these Terms, and you further specifically agree that you use will adhere to the following restrictions and obligations:

You may only use the Services for personal use, or for internal business use within your company or other entity. You may not transfer your access to others, or allow others to access the Services through your WordPress account.

You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.

You may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or “scraping” any portion of the website content using a bot or other tool.

You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.

You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Molly Inclan Creative);

You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

7. User Accounts

To access some functions of the Services, you may be required to register and log into an account with certain third-party platforms (“Third Party Information Providers” including, but not limited to, WordPress.com). PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD PARTY INFORMATION PROVIDERS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY INFORMATION PROVIDERS, AND THOSE AGREEMENTS WILL DETERMINE WHAT INFORMATION WE WILL BE ABLE TO ACCESS AND USE THROUGH THOSE THIRD PARTY INFORMATION PROVIDERS. 

8. Content

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing except User Content, the “Molly Inclan Creative Content”), are protected by copyright and/or other intellectual property laws.

You acknowledge that as between you and Molly Inclan Creative, the Services and Molly Inclan Creative Content, including all associated intellectual property rights, are the exclusive property of Molly Inclan Creative.

Conditioned upon your compliance with these Terms, Molly Inclan Creative grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Molly Inclan Creative Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Molly Inclan Creative or its licensors, except for the licenses and rights expressly granted in these Terms.

We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including but not limited to posting comments to blog posts (“User Content”). By submitting any User Content on or through the Services, you grant to Molly Inclan Creative a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the Services. To the extent that your User Content includes personally identifiable information, we will only disclose such information in the limited circumstances identified in our Privacy Policy. In addition, to the extent that Molly Inclan Creative de-identifies and aggregates any User Content, you agree that such derived data is no longer User Content, and is thus owned by Molly Inclan Creative.

9. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Molly Inclan Creative has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.

10. Notices of Copyright Infringement

Molly Inclan Creative respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Molly Inclan Creative will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”): 

  1. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
  2. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
  3. your mailing address, telephone number, and, if available, email address;
  4. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
  6. your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:

104-A Franklin Avenue, #303 

Spartanburg, SC 29301 

Upon receipt of the Notice as described above, Molly Inclan Creative will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

11. Termination

Molly Inclan Creative may immediately and without notice terminate these Terms and disable your access to the Services if Molly Inclan Creative determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Molly Inclan Creative believes, in good faith, that such action is needed to protect the safety or property of other users, Molly Inclan Creative, or third parties.

Provisions that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

12. Third Party Content

By using the Services, Molly Inclan Creative may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Molly Inclan Creative does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Molly Inclan Creative does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Molly Inclan Creative disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Molly Inclan Creative with respect to the content or operation of any such third-party websites and services.

13. Disclaimer of Warranties

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND MOLLY INCLAN CREATIVE CONTENT ARE PROVIDED “AS IS,” AND MOLLY INCLAN CREATIVE, LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MOLLY INCLAN CREATIVE, LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES. 

Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

14. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MOLLY INCLAN CREATIVE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO MOLLY INCLAN CREATIVE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Molly Inclan Creative hereby expressly disclaims, and you hereby expressly release Molly Inclan Creative from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.

15. Indemnification

You agree to release, defend, indemnify, and hold Molly Inclan Creative and any third party services Molly Inclan Creative uses harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

16. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Molly Inclan Creative (a) via email (in each case to the address that you provide) or (b) by posting to the website.

17. No Waiver

The failure of Molly Inclan Creative to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Molly Inclan Creative’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Molly Inclan Creative may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

19. Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

20. Governing Law with Arbitration

These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MOLLY INCLAN CREATIVE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

21. Entire Agreement

These Terms constitute the entire agreement between you and Molly Inclan Creative regarding your use of the Services, and supersede all prior written or oral agreements.

22. Contact Us

If you have any questions about the Services, please do not hesitate to contact us at mollyinclancreative@gmail.com.