Love It Terms of Service
The Love It Services are offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions and any other countries. By using the Love It Services, you represent and warrant that you are of legal age to form a binding contract with Love It and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
A Little About Love It
The boring stuff is that we are officially, and when we say “us,” this includes our agents, consultants, employees, officers and directors. Love It and its family of Services to encourage conversation and robust sharing of information with your colleagues, friends, family, and the public! We are passionate about our Services and hope we can help you share what is important to you with others, forge and build relationships, and help you express your passions.
Changes to the Terms of Service
We may periodically revise and update these Terms of Service, and will post a revised Agreement if this happens. Any changes made are effective as soon as we post them, and apply to the use and access of our Services. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. If you start using the Services after any modification to the Agreement, you are agreeing to the changes.
Comment: As Love It develops its Services, we may make changes to the Terms of Service. We don’t mean to beat a dead horse (because we are against animal cruelty) but if you don’t agree to the changes, you should not and are not permitted to use Love It.
Who Can Use Love It?
Love It is offered and available to users who are 13 years of age or older. By using our Services, you represent and warrant that you are of a legal age to form a binding contract with us. If you are not of legal age, you must not access our Services. If you are under 13, please do not attempt to register for Love It or provide any kind of personal information of anyone under the age of 13. If you believe that we might have information about a child under the age of 13, contact us here firstname.lastname@example.org . If you are over the age of 13 but under the age of 18, you should have your parent’s permission before creating an account or posting any information through Love It or related Services.
Comment: You have to be 13 to use Love It. We know you may want to use it if you’re younger, but seriously, just hold on a few years and get back to us when you turn 13. If you’re younger than 13, we’ve heard the new PlayStation 4 is pretty cool, so maybe give that a spin in the meantime. If you’re over 13, but under 18, you’ll need to get your parent’s permission to use the Love It Services.
Changes and Account Security
The Services we offer may change, which may include new functionality, removal of certain functions, or even discontinue entirely of certain Services. We may do so without prior notice to you. We are not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, to users, including registered users, or within our sole discretion, suspend your account.
Comment: Love It is always changing and so we need some flexibility to get rid of things that you, the user don’t like. Sometimes, we may get rid of something you did like but trust us, it’s for the greater good. We may suspend accounts but we’ll do our best to be fair and transparent about this.
You are responsible for making all arrangements for you to have access our Services, and that anyone who uses your account understands and agrees with these Terms and complies with them.
Comment: We want to make sure the information Love It provides you is current and up to date, and so any linked accounts, or your email address should be updated. This helps us give you the best experience, and also allows us to recover your account if you ever forget your password or are victim to a phishing attack.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedure,; you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Comment: Look, don’t share your username or password with other people. We know it’s harsh, but the information you post on Love It can be personal, and you may not want other people seeing what you post or share, or what other people share with you. We don’t want the information you give us to fall into the wrong hands, so help us help you!
Limitations on Use
You may use Love It for lawful purposes and in accordance with our Terms of Services. You agree not to use our Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, or providing information to others.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Love It employees, another user or any other person or entity which you are not authorized to represent (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Love It or our users or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material available from us or third parties through Love It.
- Use any manual process to monitor or copy any of the material found in the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services or our website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
This is not a complete list, but intended to simply be examples of prohibited uses.
Comment: Don’t do bad things to Love It or other users. Don’t take information collected by Love It or available through Love It for other means or distribute the information you access through our Services.
Intellectual Property Rights
The Love It Services and all content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Love It, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use Love It for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material found on the Services, except as follows:
- Your computer or phone may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes, should we provide a web-based platform not tied to your phone.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the Love It Services.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials accessed through the Services.
You must not access or use for any commercial purposes any information found through the Services.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Love It Services in breach of the Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on Love It is transferred to you, and all rights not expressly granted are reserved by Love It. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Comment: You may see some trademarks of other companies, or see information posted by someone else through Love It. This is all property of the original provider of the information, so don’t use it without permission. You could get in trouble for using information you find through Love It, and can only
use this information for yourself and not for commercial purposes (like scraping information for a database or compiling information to sell to someone else).
The Love It name, Love It button, and all related names, logos, product and service names, designs and slogans are trademarks of Love It or its affiliates or licensors. You must not use such marks without the prior written permission of Love It. All other names, logos, product and service names, designs and slogans seen through Love It are the trademarks of their respective owners.
If you believe your work has been copied in a way that constitutes copyright infringement, 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 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 Services;
(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
(e) 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.
If you believe that any User Contributions violate your copyright, please contact us at email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of Love It to terminate the user accounts of repeat infringers.
Content and Privacy
Love It may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, polls, contests and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Services.
Love It allows you to post, submit, publish, display or transmit information through Love It (“User Contributions”), and this information can be shared through other platforms (such as Facebook) or through our Services. Any content you post must comply with the content standards as set forth in these
Terms of Service.
Any information you post, submit, publish, display or transmit through Love It, may become publically available depending on your account settings. You represent and warrant that you own or control all rights in any information you provide and that this information complies with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Love It, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Services.
For any User Contributions you post which are subject to intellectual property rights (such as music, videos, photos, etc.), you explicitly grant Love It a non-exclusive, royalty-free, worldwide license to use such User Contributions. Any content you remove or delete from Love It may persist on our servers and if shared with others or by others, it may continue to exist on Love It or with its affiliates. By providing User Contributions on or through the Love It, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Service.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Comment: You may share some things you’ve posted through Love It on other platforms, such as your Facebook account, so don’t post anything you don’t want made public. If you’re concerned, best bet is to not publish or share anything you want to keep private.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Love It.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Love It does not have an obligation to monitor your access to our Services or to review or edit any User Contributions, but we have the right to should it become necessary in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.
YOU WAIVE AND HOLD HARMLESS LOVE IT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LOVE IT AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is published or otherwise posted through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Comment: We may have to delete things you post for safety and/or security reasons. However, we do not have an obligation to monitor your access so use Love It responsibly!
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Linking to the Website and Social Media Features
You may link to our homepage or services pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Services, as well as the Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content from the Services.
- Send e-mails or other communications with certain content, or links to certain content, on the Services.
- Cause limited portions of content on this Website or on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
- Use Interactive Services such as posting content and creating a poll which others may see or interact with.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you without permission from the owner or other authorization to do so.
- Cause the Website, Services, or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage unless authorized by us.
- Otherwise take any action with respect to the materials on this Website or available through the Services that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Comment: We may ask you to take certain things down – we just want to make sure people get credit for their own things and likewise, that people don’t get confused when people link to Love It.
Termination and Deletion of User Contributions
Upon termination of your account, or upon your deletion of particular User Contributions (whether from Love It or from third parties), Love It shall make reasonable efforts to make such User Contributions inaccessible and cease use of it. However, you acknowledge and agree that i) such User Contributions may persist in backups for a reasonable period of time; ii) caching of, copies of, or references to User Contributions may not be immediately removed; and iii) such removed User Contributions may be available (and stored on our servers) through the accounts of other users.
Comment: Look, we will try our best to remove information that you’ve submitted through Love It should you delete those posts, but please understand that people may have this information stored on their phones or computers from the last time they logged in, so it may not completely disappear right away. It’s like when you say something out loud when you’re by yourself – no worries, right? But if you say it in a room full of people, one or more people may raise their eyebrows and remember what you said even if you didn’t mean for them to hear. Think of anything you submit through Love It, or linked sites (such as Facebook) as blurting something out in a crowded room. If you don’t want other people to know it, don’t post/share/publish it!
Links from Love It
If our Services contain links to other websites, products, or resources provided by third parties, such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites from Love It, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Comment: When using Love It, you may select something that takes you outside of Love It and to third parties, whether this is your own social media websites or accounts, or other websites or providers. Keep in mind that these may not be in the control of Love It, and that we are not responsible for the information contained there. Read up on any terms or conditions of usage for any other websites you may access, as you would still be bound by any agreements they have in place.
The software and documentation available for download from Love It, whether in read only, executable or any other form (collectively the “Love It Software”) are licensed, not sold, to you by Love It for use only under the terms of this Agreement, and Love It reserves all rights not expressly granted to you. The rights granted herein are limited to rights to use the Love It Software and do not include any other patents or intellectual property rights. You own the media on which the Love It Software is downloaded but Love It retains ownership of the Love It Software itself.
This License does not grant you any rights to use Love It proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Love It Services
With respect to updates to the Love It Software that Love It may make available for download (“Love It Software Updates”), this License allows you to download the Love It Software Updates to update the software on your device or computer. This License does not allow you to update devices that you do not control or own, and you may not make the Love It Software Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may make one copy of the Love It Software Updates stored on your computer in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Love It Software, Love It Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of Love It and its licensors of the Love It Software and Love It Software Updates. If you breach this restriction, you may be subject to prosecution and damages.
THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES ARE NOT INTENDED FOR USE IN EQUIPMENT IN WHICH THE FAILURE OF THE LOVE IT SOFTWARE OR LOVE IT SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You agree that Love It and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your mobile device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Love It Software, and to verify compliance with the terms of this license. Love It may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This license is effective until terminated. Your rights under this license will terminate automatically without notice from Love It if you fail to comply with any term(s) of this license. Upon the termination of this license, you shall cease all use of the Love It Software and Love It Software Updates.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE AND THE PERFORMANCE OF YOUR MOBILE DEVICE. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES, AND ANY SERVICES PERFORMED BY THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES, ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LOVE IT AND LOVE IT’S LICENSORS (COLLECTIVELY REFERRED TO AS “LOVE IT” FOR THE PURPOSES OF THIS SECTION) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOVE IT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LOVE IT SOFTWARE AND LOVE IT SOFTWARE UPDATES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOVE IT OR A LOVE IT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LOVE IT SOFTWARE OR LOVE IT SOFTWARE UPDATES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Provisions for Developers
If you are developing applications, software or other means of interfacing with the Love It Services, these additional terms apply to you:
You must remove or delete information collected if a user asks you to delete User Contributions or any information you have collected, and must provide a method by which users can request such. You will not use any information collected from Love It for advertising material unless explicitly authorized by Love It to do so. You will not sell any user data you collect and will not directly or indirectly transfer any data you receive to any ad network/exchange or any similar service, including but not limited to, any data broker, even if you receive permission from the user.
You will not show any third party ads or web search boxes when displaying information collected from Love It and you will not misrepresent your relationship with Love It. You will comply with all applicable laws, and if applicable, you will have a policy for removing infringing content and terminating repeat infringers which complies with the Digital Millennium Copyright Act (DCMA), and you will comply with the Video Privacy Protection Act (VPPA) and obtain any opt-in consent necessary from users so that data subject to the VPPA may be shared through Love It.
If at any time you cease to be an agent of the developer, you will immediately cease access to Love It and use of the Services and turn over all account access information to the authorized agent of the developer.
Provisions for Advertisers
Love It, through its Services, allows you to advertise to our users and the following additional terms shall apply to you as an Advertiser:
You may place an order with Love It to advertise to our users, and when doing so, you must provide us information regarding your advertisement. We may collect information form you such as your targeted scope of users, duration of the ad, type of goods or services you are advertising, etc. You must pay for your advertisement and agree to provide a valid funding instrument to load funds into your account. We may designate a third party payment processing gateway to facilitate payments for Advertisers, which you agree to use and maintain. Any payment gateway we designate will have its own terms and conditions which you must abide by. Currently, Love It utilizes PayPal as a payment gateway (https://paypal.com/).
We have sole discretion to not approve ads which we believe to be inappropriate, offensive or otherwise decide not to allow on Love It. You agree that will not assert or imply, directly or indirectly, a user’s personal characteristics regarding the following: (i) criminal record, (ii) age, (iii) religion or beliefs, (iv) race or ethnicity, (v) sexual orientation, (vi) gender identity, (viii) disability or medical condition, and (viii) financial status.
Any advertisement you order must have a destination page that does not interfere with a user’s ability to navigate away from that page. Advertisements must also clearly represent the product, service, brand, or company that is being advertised. You cannot advertise for anything unlawful, illegal or otherwise prohibited by relevant regulation or statute. Any claims made in ads must be substantiated and not offend users, be false, deceptive or otherwise misleading. Ads may not violate the rights of any third parties.
There may specific regulations which we provide you for certain types of goods or services and restrictions or limitations based on such. For example, adult products or entertainment may not be advertised on Love It as users under the age of 18 may view such material. Furthermore, the advertisement of certain items, such as alcohol, may be prohibited in certain jurisdictions and we may not publish ads in such jurisdictions. Gambling and other forms of wagering or lotteries are only allowed after being reviewed by Love It and must be displayed in accordance with applicable laws.
If we receive complaints about your advertisement, or if your ad is deemed, even after approval, to violate these terms or guidelines, we have sole discretion to remove your advertisement. Advertisements may not insult, attack, threaten, bully, intimidate or impersonate others. Ads may not contain any form of “hate speech” whether directed at an individual or group. Ads may not contain adult content, such as nudity or depictions of explicit or suggestive content. Ads may not be shocking, portray excessive violence, or disrespectful.
Love It reserves the right to reject, approve or remove any ad for any reason, in our sole discretion. This may include ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy. These guidelines are subject to change at any time.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, or from use of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, AND ANY CONTENT OR INFORMATION OBTAINED THROUGH LOVE IT IS AT YOUR OWN RISK. THE SERVICES AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOVE IT NOR ANY PERSON ASSOCIATED WITH LOVE IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE INFORMATION FOUND ON LOVE IT OR OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LOVE IT NOR ANYONE ASSOCIATED WITH LOVE IT REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR INFORMATION OBTAINED THROUGH THE PRODUCTS OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT LOVE IT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. LOVE IT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation/Release of Liability
IN NO EVENT WILL LOVE IT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR INFORMATION FOUND ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You release, to the fullest extent permitted by law, Love It, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Services.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Love It, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the content found on Love It, or any other information other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
Either party may terminate this Agreement at any time by notifying the other party. Love It may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
Upon termination of your access to or ability to use the Services in whole or in part, including but not limited to suspension of your account, your right to use or access specific products or services through Love It and any User Contributions will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Love It or any third party.
Both Love It and you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this section or as you and Love It otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly firstname.lastname@example.org to seek a resolution.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Connecticut, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U. S. C., Secs. 1-16).
Unless otherwise agreed in writing by both you and us, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of this section.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
If the matter is not resolved by negotiation pursuant to the above, then the matter will proceed to mediation as set forth below:
- The parties agree that any and all disputes, claims or controversies arising out of or relating to the use of the Services shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in Paragraph 5 below.
- Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
- The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
- All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
- Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
- At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.
- All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Love It of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Love It to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Headings and Comments
The section headings and comments in this Agreement are for convenience of reference only.
This Agreement terminates and supersedes all prior formal or informal understandings among the parties with respect to the subject matter contained herein. Should any provision or provisions of this Agreement be deemed ineffective or void for any reason whatsoever, such provision or provisions shall be separable and shall not affect the validity of any other provision.
Notice and Assignment
This Agreement is not assignable, transferable, or sub licensable by you except with Love It’ prior written consent. Love It may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Love It in any respect whatsoever. Any notice to Love It that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:
30 Old Kings Highway South, Darien Ct, 06820
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com .