TERMS OF USE

Welcome to our website. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use agreement (the “Agreement”, “Terms of Use”) between you and us (Groovy Earth Worm LLC), referred to in this Agreement as “we”, “us”, and the like) specifies the terms and conditions for access to and use of https://sincerelystephen.com/ (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by us upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://sincerelystephen.com/terms-conditions/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://sincerelystephen.com/privacy-policy/.

3. Ownership. The Site is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Site is owned exclusively by us and/or our affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Site, any content on the Site or the collective work, and/or copying is strictly prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have our express prior written permission, or as allowed by Section 6 below. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You do not acquire ownership rights to any article, document or other materials posted on or viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.  

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. You may not use the Site for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Site to solicit other website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Site. 

4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks. All of the trademarks displayed on the Site are our trademarks or registered trademarks of ours, or our content suppliers and will remain our or their respective property. Other product and company names mentioned on this Site may be trademarks of their respective owners.  Except as expressly set forth in this Agreement, all use is prohibited.

6. Site Use. We grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at our discretion and we may terminate your use of the Site at any time.

7.  User Submissions.  You acknowledge that you are responsible for any information, profiles, personal information (such as email addresses and phone numbers), messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit via email, text message, or otherwise provide or make available to us on or through the Site or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Spotify, SoundCloud, Pinterest and TikTok, that are associated with hashtags related to us. Such Submissions may be used on the Site and/or on other our products and/or marketing materials, including emails, texts or text equivalents such as Facebook Messenger and Whatsapp, and social media. You may only make a Submission if you are at or over the age of majority. If your Submission is selected by us to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or other social media profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant to us, our affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, for promotional purposes, and without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Spotify, SoundCloud, Pinterest and Google’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us and our affiliated entities, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. 


We reserve the right, at our sole discretion, to choose to include or not include such Submission on the Site or otherwise use the Submission. 

8. External Sites/Links.  The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.   The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of ours, including its licensors and/or vendors, and we do not endorse any such opinions, statements, or materials.   

9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

10. Indemnification. You agree to indemnify, defend and hold us and our partners, employees, officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, vendors, and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and court costs, related to your violation of this Agreement or use of the Site, your submissions, and/or your violation of any third party rights. 

11. Disclaimers. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

13. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

By Mail: 

Heroic B.V., Nieuwe Uitleg 29, 2514 BR, The Hague, The Netherlands, Attn: DMCA AGENT

By Phone: +31 6 25332534

By E-mail: contact@heroic.family

15. Applicable Law. You agree that (i) this Agreement shall be treated as though it were executed and performed in the State of California, and (ii) California law, without regard to conflicts of laws provisions will govern this Agreement, and any dispute that may arise between you and us or our affiliates.  Any conflicts will be settled exclusively in a court of law in Los Angeles County, California, and the parties hereto submit to the jurisdiction of such courts to the exclusion of any other courts.

16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Waiver. The failure of us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by us must be in writing and signed by an authorized representative of ours.

18. Termination. We may terminate this Agreement at any time, with or without notice, for any reason.

19. Relationship of the Parties.  Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

20. Entire Agreement. This Terms of Use constitutes the entire agreement between you and us and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.  We may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21. Miscellaneous. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our rights under this Agreement shall survive any termination of this Agreement.