Effective Date: 4/1/2024

Welcome to Poetry by Kim Nicole. By accessing or using our website located at https://poetrybykimnicole.portfolial.com/ (the "Site"), you agree to comply with and be bound by the following Terms of Use. Please read these Terms carefully before using the Site. If you do not agree to these Terms, you may not access or use the Site.

1. Intellectual Property Rights

a. Ownership: The Site and its entire contents, features, and functionality, including but not limited to all text, images, graphics, logos, audio clips, and software, are owned by Poetry by Kim Nicole or its licensors and are protected by copyright, trademark, and other intellectual property laws.

b. License: Subject to these Terms, Poetry by Kim Nicole grants you a limited, non-exclusive, non-transferable license to access and use the Site for your personal and non-commercial use only. You may not reproduce, distribute, modify, or create derivative works of any content on the Site without the express written consent of Poetry by Kim Nicole.

c. Illustrations by "thespookyprince": Some illustrations featured on this website are created by the talented artist "thespookyprince." These illustrations are used with permission and remain the property of the respective artist. Any unauthorized use or reproduction of these illustrations is strictly prohibited.

d. Third-Party Links: This website may contain links to third-party websites for your convenience. However, Poetry by Kim Nicole does not endorse or guarantee the accuracy or completeness of the content on these websites. We are not responsible for any loss or damage resulting from your use of these third-party websites.

2. User Conduct

a. Prohibited Activities: You agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• Attempt to gain unauthorized access to any part of the Site or any other systems or networks connected to the Site;
• Use any automated means, including robots, spiders, or scrapers, to access the Site or collect information from users of the Site;
• Transmit any viruses, malware, or other harmful code through the Site; or
• Violate any applicable laws or regulations or infringe upon the rights of others.

b. User Content: You may have the opportunity to submit comments, feedback, or other content to the Site ("User Content"). By submitting User Content, you represent and warrant that you have the right to do so and that your User Content does not violate these Terms or infringe upon the rights of any third party.

3. Privacy

Your use of the Site is subject to our Privacy Policy, which governs our collection, use, and disclosure of your personal information. By using the Site, you consent to the terms of the Privacy Policy.

4. Disclaimer of Warranties

The Site is provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied. Poetry by Kim Nicole disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5. Limitation of Liability

In no event shall Poetry by Kim Nicole be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with your use of the Site, even if advised of the possibility of such damages. Our total liability to you for any claims arising out of or relating to these Terms or the Site shall not exceed the amount paid by you, if any, for access to the Site.

6. Governing Law

These Terms shall be governed by and construed in accordance with the laws of USA, without regard to its conflict of law principles.

7. Changes to Terms

Poetry by Kim Nicole reserves the right to modify or update these Terms of Use at any time, in its sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site after the posting of the updated Terms constitutes your acceptance of the changes.

8. Contact Us

If you have any questions about these Terms of Use, please contact us.