Terms of Service
Last Modified August 25, 2014
Welcome to Laflife! These are the Terms of Service, a contract between you and Laflife that govern your access and use of our website and/or other domains, products, services and/or content provided by Laflife. Please read the Terms of Service, our Privacy Policy and our Community Guidelines, carefully before using Laflife and contact us at support@laflife.com if you have any questions or suggestions.
1. Accepting the Terms
The Terms of Service, Privacy Policy and Community Guidelines (collectively, the “Agreement” and/or the “Terms”) apply to all visitors, users, and others who access the website and/or other domains, products, services and/or content (collectively, the or our “Services”) provided by Laflife (Laflife, Inc., a Delaware Corporation, collectively with its agents, consultants, employees, officers and directors, “Laflife”, “we”, “us”, “our”). By accessing or using our Services, you signify that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user. If you do not agree to all of the terms and conditions of this Agreement, do not use or access (or continue to access) our Services. Laflife reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on our website or other products and services. You are responsible for reviewing and becoming familiar with any such modifications. If any future changes to these Terms are unacceptable to you, you must discontinue use of our Services.
2. Using Laflife
a. Who can use Laflife
You may use our Services only if you can form a binding contract with Laflife, and only in compliance with these Terms and all applicable laws. When you create your Laflife account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If we learn that someone under the age of 13 is using our site, we will delete such user’s account. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Abide by the law
You may use our Services only if you are in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by Laflife. If you do not agree to these Terms, you do not have permission to use the Service.
c. Laflife can deny access
Your Laflife accounts give you access to our Services that we may establish and maintain from time to time and in our sole discretion. Laflife also reserves the right to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas. By connecting to Laflife with a third-party service (e.g. Facebook Connect), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
d. Be Truthful
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. Laflife may deny you access to our Services or reject your order in the event that your information is untrue, inaccurate or incomplete. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Laflife immediately of any breach of security or unauthorized use of your account. Laflife will not be liable for any losses caused by any unauthorized use of your account.
e. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Laflife servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Laflife grants the operators of public search engines revocable permission to use spiders to copy materials from Laflife.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose, in our sole judgment and sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
f. Service Changes
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
g. Notifications and Service Messages
You are okay with us providing you with important notices on our websites, mobile apps, or email. The contact information you provide must be accurate or you may not receive important notices. For purposes of service messages and notices about the Services, Laflife may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Laflife to an email address associated with your account, even if we have other contact information. You also agree that Laflife may communicate with you through your Laflife account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Laflife account or services associated with Laflife. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
h. Interactions with others
You are solely responsible for your interactions with other Laflife Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Laflife shall have no liability for your interactions with other Users, or for any User's action or inaction.
3. User Content
a. License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Laflife a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, recommend and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Laflife's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
b. We don’t endorse user content
Laflife takes no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you to Laflife.
4. Limited Non-Commercial End User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. Laflife reserves all rights not expressly granted herein in the Service and the Laflife Content (as defined below). No portion of this Site or the Service is targeted to children, and any minor should seek consent of his or her legal guardian before using the Site or the Service. Laflife may terminate this license at any time for any reason or no reason.
5. No Commercial Solicitation or Advertising
You agree not to use any information obtained from our Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
6. User Conduct
Laflife is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the Users thereof:
Use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
Engage in any harassing, intimidating, predatory or stalking conduct;
Use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user's use of the Services;
Impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
Make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
Defraud, swindle or deceive other users of the Services;
Disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
Solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
Use any scripts, bots or other automated technology to scrape or access the Services;
Collect or solicit personal information about anyone under 18;
Use the Service for any phishing, trolling or similar activities;
Use the Service to redirect users to other sites or encourage users to visit other sites;
Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities; or
Attempt to access any Services or area of the Sites that you are not authorized to access.
7. Prohibited Content.
You will not post or transport to any other user any User Content that is illegal or prohibited from being posted, which includes, but is not limited to, any User Content (or links to content) that ("Prohibited Content"):
Is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, fraudulent or illegal;
Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Is intended to, or does, harass, or intimidate any other user or third party;
May infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
Violates someone's data privacy or data protection rights;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Contains any advertising, fundraising or promotional content; or
Is, in the sole judgment of Laflife, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes Laflife or its users to harm or liability of any type.
Submissions and Suggestions.
Separate and apart from the User Content you may provide as part of your use of the Services, you may submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information about Laflife and our Services (collectively, "Submissions" or “Suggestions”). Submissions and Suggestions, whether posted to the Services or provided to Laflife by email or otherwise, are non-confidential and shall become the sole property of Laflife. Laflife shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions and Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, cartoons, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Laflife Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Laflife and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the cartoons or any other materials or content accessible on the Service. Use of the cartoons or any other Laflife Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
10. Ownership Rights
Copyrighted material on Laflife cannot be reproduced without the express written consent of the owner. COPYRIGHTS AND TRADEMARKS EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER LAFLIFE, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU. Laflife will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site or the Service as well as terminate access to the Site or the Service if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, storing, copying, or otherwise making available any content from the Site on another website without the prior written permission of Laflife is expressly prohibited.
11. Privacy
We care about the privacy of our Users and understand that visitors to Laflife need to be in control of their personal information. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.
12. Security
Laflife cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. Laflife Doesn’t Provide Professional Advice
All content on Laflife, including but not limited to text, graphics, images, information obtained from Laflife’s licensors, and contributions from other are for entertainment purposes only. Nothing on Laflife is intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Always seek the advice of a qualified provider with any questions you may have regarding a serious life condition. Never disregard professional advice or delay in seeking it because of something you have read on Laflife!
Laflife does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Laflife, Laflife employees, others appearing on the Site at the invitation of Laflife, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are medically graphic and/or sexually explicit. If you find these materials offensive, you may not want to use our Site.
14. DMCA Notice
Since we respect artist and content owner rights, it is Laflife's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Laflife's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Laflife to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
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Attn: |
DMCA
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Address: |
950 Gilman Street Suite 800 Berkeley, CA 94710 |
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Telephone: |
415 935-3737 |
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Email: |
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Laflife and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Laflife's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Laflife has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Laflife may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. Third-Party Links on Laflife
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Laflife. Laflife does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Laflife's Privacy Policy do not apply to your use of such sites. You expressly relieve Laflife from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Laflife shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
16. Hyperlinks to Laflife
You are granted a limited, non-exclusive right to create a text hyperlink to the Laflife websites for noncommercial purposes, provided such link does not portray Laflife or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Laflife's logo or proprietary graphics to link to any Laflife website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Laflife trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Laflife's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Laflife or any third party.
Laflife makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Laflife and Laflife is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Laflife provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Laflife of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
17. Downloadable Applications
By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
18. Indemnity
You agree to defend, indemnify and hold harmless Laflife and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights, including such party’s trademarks or copyrights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
19. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAFLIFE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LAFLIFE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS SUCH AS WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
LAFLIFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LAFLIFE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LAFLIFE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN ADDITION, LAFLIFE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND RELATED INFORMATION.
20. Your Representations and Warranties to Laflife
You
represent and warrant for the benefit of Laflife, Laflife’s
suppliers, and any third parties mentioned on the Site, in addition
to other representations and obligations contained in these Terms and
Conditions, that: (a) you possess the legal right and ability to
enter into and make the representations and warranties contained in
these Terms and Conditions; (b) all information submitted by you to
the Site is true and accurate; (c) you will keep your registration
information current; (d) you will be responsible for all use of your
password and/or phone number even if such use was conducted without
your authority or permission; (e) you will not use the Site for any
purpose that is unlawful or prohibited by these Terms; (f) you are
the owner of the User Content and they are original to you; (g) the
User Content does not infringe any third party right, such as
copyright, trademark, and publicity/privacy right; (h) the User
Content does not constitute defamation or libel or otherwise violate
the law, and (i) you agree to defend, indemnify, and hold Laflife
(and its employees, representative, agents, and assigns) harmless
from breaches of 13(a) through 13(h).
21. Release from Liability
You release, to the fullest extent permitted by law, Laflife, 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 following:
Disputes between Users, including those between you and other Users.
Third party sites and services, including content found on such sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
Claims relating to in any way to any face-to-face meetings in any way related to Laflife at any venues (e.g."Meetups" or “Dates”), including without limitation claims related to the actions or omissions of any Users or third parties who organize, attend, or are otherwise involved in any face-to-face meetings. Laflife does not sponsor, oversee, or in any manner control face-to-face meetings such as Meetups or Dates.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAFLIFE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL LAFLIFE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAFLIFE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LAFLIFE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LAFLIFE HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LAFLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Laflife makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
23. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Laflife without restriction.
24. General
a. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Laflife, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Laflife that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Marin County, California, unless submitted to arbitration as set forth in the following paragraph.
b. Arbitration. For any dispute you have with Laflife, you agree to first contact us at support@laflife.com and attempt to resolve the dispute with us informally. If Laflife has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Laflife agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The AAA provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LAFLIFE ARE EACH WAIVING THE RIGHT TO A COURT TRIAL AND/OR A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
c. Notification Procedures. Laflife may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Laflife in our sole discretion. Laflife reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Laflife is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@Laflife.com to your email address book to help ensure you receive email notifications from us.
d. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Laflife in connection with the Service, shall constitute the entire agreement between you and Laflife concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure by Laflife to act with respect to a breach by you or others does not waive the right of Laflife to act with respect to subsequent or similar breaches.
e. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Laflife's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please email us at support@Laflife.com with any questions regarding this Agreement.
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