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TERMS AND CONDITIONS
Our Websites are provided, controlled, operated, and administered by DO/LOVE/LIVE from its offices within the United States of America. DO/LOVE/LIVE makes no representation that Our Websites are appropriate or available for use at other locations outside of the United States and it’s territories, and access to them from territories where their contents are illegal is prohibited. If you access any Website from a location outside of the United States, you are responsible for compliance with all laws of that location.
These Terms apply to all users of Our Websites, including users who contribute User Submissions (as defined below). These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilation, photographs, computer code, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, all other elements of and materials incorporated in, appearing on, or published on, Our Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Our Content”).
DO/LOVE/LIVE may discontinue or suspend Our Websites or terminate your use solely at our discretion. DO/LOVE/LIVE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Websites (or any part thereof) with or without notice. You agree that DO/LOVE/LIVE shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Websites or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Websites for any reason, and to take any other actions that DO/LOVE/LIVE, in our sole discretion, believes to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Websites.
Modification of Terms
DO/LOVE/LIVE may, in its sole discretion, modify, supplement, or revise the Site Terms at any time. Unless DO/LOVE/LIVE makes a change for legal or administrative reasons, DO/LOVE/LIVE will provide reasonable advance notice before the updated Terms become effective. You agree that DO/LOVE/LIVE may notify you of the updated Terms by posting them on Our Websites, and that your use of Our Websites after the effective date of the updated Terms (or engaging in such other conduct as DO/LOVE/LIVE may reasonably specify) constitutes your agreement to the updated Terms. Each time you visit or log into Our Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms. If you do not agree to the changes, you may discontinue using Our Websites before the changes take effect.
Our Websites are currently a free service, but DO/LOVE/LIVE reserves the right to charge a fee, at any time, for use of all or parts of Our Websites. DO/LOVE/LIVE reserves the right to discontinue any aspect of Our Websites at any time. DO/LOVE/LIVE reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
User Age Requirements
To use Our Websites, you must either be:
- at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or,
- if you are between the ages of 13 and 18/the age of majority, you must have the consent of your parent or legal or guardian to use Our Websites.
By accessing or using Our Websites, you represent and warrant that you are of legal age to form a binding contract with DO/LOVE/LIVE. If you are under 13 years of age, please do not use Our Websites.
Our Websites (and all Content or other material on Our Websites) include information relating to wellness topics, such as personal growth, diet, exercise and fitness, relationships, and parenting and some of the products and services referred to on or available through Our Websites relate to such topics. You acknowledge and agree that the following warnings and disclaimers shall apply to ALL Content.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Websites, DO/LOVE/LIVE strongly recommends that you consult with a physician or other healthcare provider. DO/LOVE/LIVE and its staff are not licensed medical care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) on a medical condition or any other Condition.
While some of DO/LOVE/LIVE’s Content providers may be Professional Care Providers, DO/LOVE/LIVE, its staff and its Content providers are NOT rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), BUT ARE JUST PROVIDING GENERAL EDUCATION AND INFORMATION TO YOU ABOUT WELLNESS TOPICS. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program or other activity or program described in Our Content, and/or when using any diet or fitness products or products or services described or provided in or through Our Content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
Our Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Content. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider or other Professional Care Provider with any questions or concerns you may have regarding any health condition or any other Condition that you may have before starting any yoga, pilates or other exercise program, making changes to your diet or engaging in any other activity or program described in Our Content.
- Our Content should NOT be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or registered dietitian or other Professional Care Provider.
- You should NEVER disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in Our Content.
- It is IMPORTANT that Our Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers.IF you know or suspect that YOU MAY BE PREGNANT, HAVE AN EATING DISORDER, HAVE DIABETES, OR HAVE ANY OTHER PHYSICAL, PSYCHOLOGICAL, EMOTIONAL, OR MEDICAL CONDITION, IT IS IMPERATIVE THAT YOU SEEK THE ADVICE OF YOUR DOCTOR OR OTHER PROFESSIONAL CARE PROVIDER PRIOR TO USING OUR CONTENT.
- IF you experience any discomfort or pain during an activity in Our Content, such as a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.
Although DO/LOVE/LIVE will NOT be liable for your losses caused by any unauthorized use of your account, you MAY be liable for the losses of DO/LOVE/LIVE or others due to such unauthorized use. DO/LOVE/LIVE will not be responsible for any unauthorized access to, or alteration of, your transmissions of data, Content, or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by DO/LOVE/LIVE.
You acknowledge and agree that Our Websites and all Content owned by DO/LOVE/LIVE, other than the User Submissions, constitute the proprietary and valuable property of DO/LOVE/LIVE. All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in Our Websites and Content constitutes the sole and exclusive property of DO/LOVE/LIVE, or its licensees. Any use of Our Websites, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by DO/LOVE/LIVE.
Some of the characters, logos, or other images incorporated by DO/LOVE/LIVE on Our Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by DO/LOVE/LIVE (as applicable) or others (collectively, “Trademarks”). You agree not to use any DO/LOVE/LIVE Trademarks without DO/LOVE/LIVE’s written consent. The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via Our Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to DO/LOVE/LIVE. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or Our Websites should be construed as granting, by implication or otherwise, any license or right to use any of DO/LOVE/LIVE’s Trademarks or Third Party Marks that are used or displayed on Our Websites, without the respective owner’s prior written permission in each instance. All goodwill generated from the use of DO/LOVE/LIVE Trademarks will inure to the exclusive benefit of DO/LOVE/LIVE.
Copyright Policy and Infringement Rights
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Our Websites infringe your copyright, you may request removal of those materials (or access to them) from Our Websites by submitting written notification to Our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Our Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
P.O. Box 1234
Sacramento, CA 95816
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Upon receipt of a valid Notice, DO/LOVE/LIVE will process the claim, which may result in removing or disabling access to the allegedly infringing material, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. In appropriate circumstances, DO/LOVE/LIVE will have the disputed material removed from public view, and will also notify the user or webmaster who posted the allegedly infringing material, which notification may include a complete copy of the Notice submitted regarding that material.
Please be aware that if you knowingly materially misrepresent that material or activity on Our Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Disabling or Termination of Accounts
It is DO/LOVE/LIVE’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Your Access to Our Websites and Prohibited Uses.
Your right to use Our Websites and any Content or other Material appearing on it for lawful purposes is subject to your compliance with these Terms. All Content is provided to you AS IS. Modification or use of the Content or other Material on DO/LOVE/LIVE Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.
You may access and display Content and all other material displayed on Our Websites for non-commercial, personal, entertainment use on a single computer or device only.
The Content and all other material on Our Websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by DO/LOVE/LIVE. If DO/LOVE/LIVE does authorize you to copy any Content or any part of Our Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices. Using any Content on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Our Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You understand that, when using Our Websites, you will be exposed to Content from a variety of sources, and that DO/LOVE/LIVE is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against DO/LOVE/LIVE with respect thereto.
You agree NOT to use Our Website(s) or transmit, post, email, or otherwise make available any User Submissions that:
- in any way that violates any applicable civil or criminal federal, state, local or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), OR promotes any illegal activity;
- are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- intend to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- constitute, transmit, or procure the sending of, any advertising or promotional material without DO/LOVE/LIVE’s prior written consent, or any “affiliate marketing,” “link referral code,” “junk mail,” “pyramid schemes,” “chain letters,” “spam,” or unsolicited commercial advertisement;
- to impersonate or attempt to impersonate any person or entity, including, but not limited to, a DO/LOVE/LIVE employee, other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or falsely state or otherwise misrepresent your affiliation with a person or entity;
- include personal or identifying information about another person without that person’s explicit consent;
- are false, deceptive, misleading, deceitful, or spread false information;
- infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
- you do not have a right to make available under any law, or under contractual or fiduciary relationships;
- contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Our Websites or any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to Our Websites, or that otherwise negatively affects other users’ ability to use Our Websites;
- employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through Our Websites.
Additionally, you agree NOT to:
- Use Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through Our Website.
- Use any robot, spider or other automatic device, process or means to access Our Website for any purpose, including monitoring or copying any of the material on Our Website.
- Use any manual process to monitor or copy any of the material on Our Website or for any other unauthorized purpose without Our prior written consent.
- Use any device, software or routine that interferes with the proper working of Our Website.
- 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 Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.
- Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of Our Website.
USER SUBMISSIONS AND CONDUCT
Your User Submissions. You may submit written, picture, video, social, or textual content (collectively “User Submissions”) to DO/LOVE/LIVE, via upload or submission functions on Our Websites or third-party websites used by DO/LOVE/LIVE, via email to stories[at]dolovelive[dot]com, or via Mobile Services. You understand that whether or not such User Submissions are published, DO/LOVE/LIVE, does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. You grant DO/LOVE/LIVE the right to edit and/or alter any User Submissions. DO/LOVE/LIVE reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. Our Websites may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that DO/LOVE/LIVE may place ANY AND ALL advertising and promotions on Our Websites or on, about, around, incorporated into, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Your Responsibility for User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and all Content used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm, represent, and warrant that:
- You own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to DO/LOVE/LIVE;
- You have secured all rights, licenses, and permissions to use and to license to DO/LOVE/LIVE, any and all works Content owned by any third party, used or appearing in or in connection with your User Submissions;
- You own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to DO/LOVE/LIVE – and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
- Your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.
In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person. Further, you authorize and license to DO/LOVE/LIVE, and its parents, successors, affiliated entities, agents and assigns, employees, licensees, and designees to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by Our Websites and these Terms.
Your License to DO/LOVE/LIVE. For clarity, you retain all of your ownership or licensed rights in your User Submissions. However, by submitting User Submissions to DO/LOVE/LIVE, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
- You grant to DO/LOVE/LIVE, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: Our Websites; any products or services offered by DO/LOVE/LIVE or its licensees; any commercial or non-commercial purposes; and in any other manner relating to DO/LOVE/LIVE’s business, including without limitation, for advertising, marketing, promoting, and redistributing all or a portion thereof;
- You grant each user of Our Websites a non-exclusive license to access your User Submissions through Our Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of Our Websites and under these Terms;
- You waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
- You grant DO/LOVE/LIVE, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that DO/LOVE/LIVE may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from Our Websites, if so removed or deleted.
Prohibited User Submission Content
No Violation of Third Party Rights. In connection with User Submissions, you further agree that you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DO/LOVE/LIVE, all of the licenses granted herein.
DO/LOVE/LIVE’s Data Practices. You acknowledge that DO/LOVE/LIVE may establish general practices and limits concerning use of Our Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by Our Websites and the maximum storage space that will be allotted on DO/LOVE/LIVE’s servers on your behalf. You agree that DO/LOVE/LIVE has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by Our Websites. You acknowledge that DO/LOVE/LIVE reserves the right to terminate accounts that are inactive for an extended period of time. Also, DO/LOVE/LIVE reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on Our Websites. Deleted User Submissions may be stored by DO/LOVE/LIVE in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, DO/LOVE/LIVE encourages you to maintain your own backup of your User Submissions.
DO/LOVE/LIVE’s Modification of Removal of User Submissions. DO/LOVE/LIVE does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, DO/LOVE/LIVE chooses, in its sole discretion, to monitor the User Submissions, DO/LOVE/LIVE nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. DO/LOVE/LIVE, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DO/LOVE/LIVE, expressly disclaims any and all liability in connection with User Submissions. DO/LOVE/LIVE does not permit copyright infringing activities on its Websites, and DO/LOVE/LIVE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to DO/LOVE/LIVE’s Copyright Policy (see above). DO/LOVE/LIVE, reserves the right to remove Content and User Submissions without prior notice.
Your Feedback. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding Our Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.
External Link Disclaimer
DO/LOVE/LIVE Websites may contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with DO/LOVE/LIVE.
By providing links to other sites, DO/LOVE/LIVE does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the DO/LOVE/LIVE Website in question.
DO/LOVE/LIVE does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
DO/LOVE/LIVE may offer certain services that are available via a mobile device or app, including:
- the ability to upload User Submissions to Our Websites via a mobile device;
- the ability to browse Our Websites from a mobile device; and
- the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“).
To the extent you access Our Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to DO/LOVE/LIVE.
You may delete or temporarily suspend your account with any Website at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from Our Websites and our servers. If your profile is suspended or terminated, DO/LOVE/LIVE will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on Our Websites and our servers.
DO/LOVE/LIVE may terminate a user’s account or access to Our Websites if, under appropriate circumstances, DO/LOVE/LIVE determines you violated any of these Terms. If DO/LOVE/LIVE terminates your access to Our Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account but those content and data may persist and appear within Our Websites. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
DO/LOVE/LIVE reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegal or offensive content. DO/LOVE/LIVE may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or Our Websites. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, DO/LOVE/LIVE has adopted a policy of terminating, in appropriate circumstances and at DO/LOVE/LIVE’s sole discretion, users who are deemed to be repeat infringers. DO/LOVE/LIVE may also at its sole discretion limit access to Our Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
YOUR USE OF OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES AND ALL THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH OUR WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DO/LOVE/LIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. DO/LOVE/LIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR OUR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DO/LOVE/LIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OUR WEBSITES OR THE RESULTS OF THE USE OF THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER MATERIAL MADE AVAILABLE ON OR THROUGH OUR WEBSITES OR ANY SITES LINKED TO OUR WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DO/LOVE/LIVE MAKES NO WARRANTIES THAT YOUR USE OF OUR WEBSITES OR THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH OUR WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS. DO/LOVE/LIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER MATERIALS OF DO/LOVE/LIVE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. DO/LOVE/LIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
IN NO EVENT SHALL DO/LOVE/LIVE, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR WEBSITES OR THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER MATERIAL ON OUR WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF DO/LOVE/LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT DO/LOVE/LIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT DO/LOVE/LIVE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DO/LOVE/LIVE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY DO/LOVE/LIVE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY DO/LOVE/LIVE.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you. You agree to defend, indemnify, and hold DO/LOVE/LIVE, it’s officers, directors, members, employees, affiliates, and agents, 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: (a) your access to or use of Our Websites, User Submissions, Content, Forums or Material; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of Our Websites.
Jurisdiction, Venue, and Severability
You agree that: Our Websites shall be deemed solely based in Texas; and Our Websites shall be deemed a passive website that does not give rise to personal jurisdiction over DO/LOVE/LIVE, either specific or general, in jurisdictions other than Texas. These Terms will be governed by the internal substantive laws of the State of Texas, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or Our Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Dallas County, Texas and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of this these Terms will be deemed a further or continuing waiver of such term or any other term, and DO/LOVE/LIVE’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DO/LOVE/LIVE without restriction.
YOU AND DO/LOVE/LIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
LAST UPDATED June 29, 2017