Terms of Service
Last Modified August 25, 2014
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:
Attn:
|
DMCA
Notice Laflife Inc.
|
Address:
|
950
Gilman Street
Suite
800
Berkeley,
CA 94710
|
|
|
Telephone:
|
415
935-3737
|
Email:
|
support@laflife.com
|
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.
Copyright
©2014
Laflife Inc. All rights reserved.