Acceptance of Agreement These terms of service (the “Agreement”) govern your access and use of the services offered by Dubblee Media, Inc. (“Loverly”, “we”, or “us”) and the Loverly.com website (such website, the “Site”, and collectively with the services, the “Services”), and any information that is displayed on the Site. Loverly is a personalized wedding planning platform and a visual search engine aggregating content from our partner sites. Loverly allows you to save, and share your favorite photographs via the Services, and to interact with brides-to-be, grooms-to-be, newlyweds, wedding-related service providers, and others in the wedding community.Please read this Agreement carefully. By using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you (“you” or “your”) and Loverly, and you agree to be bound by all terms and conditions herein. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services. Loverly’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by Loverly, acceptance is expressly limited to the terms and conditions set forth in this Agreement.
Use of Site; Representations, Warranties and Indemnification; Content
Loverly may alter, suspend, add to, or discontinue the Services in whole or in part at any time for any reason, without notice or cost. Loverly assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Services. Loverly does not assume any liability for the failure to store or maintain any user communications, account or profile information, or personal settings. By having access to the Services, you agree that Loverly and its third party providers and partners may place advertisements on the Services. The types of advertisements are subject to change. The Services may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons.
You represent and warrant that: (i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract: (ii) you own or has sufficient rights in and to the Content you submit through the Services to grant the licenses set forth in this Agreement with respect to such Content to Loverly, that any use by Loverly of such Content as contemplated in this Agreement will not infringe on the rights on any third party or violate any applicable laws or regulations, and that such Content shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms.
Trojan horses or other contaminants.
By using the Services, you agree to indemnify, hold harmless and defend Loverly from any claims, damages, losses, liabilities, and all relate costs and expenses, including but not limited to attorneys’ fees, resulting directly or indirectly from any claim that is based on your use of the Services, your violation of this Agreement, your violation of the rights of another, and any Content you submit or transmit through the Services.
No part of the Site may be reproduced or transmitted in any form, by any means, whether electronic (including email), mechanical, or otherwise, including photocopying and recording, except that Loverly authorizes you to download, store and print a single copy of the materials displayed on the Site for yourself, solely in accordance with this Section. The right to download and store or output the materials displayed on the Site is granted for viewing use only, and is subject to the following conditions: – Materials may not be reproduced or modified in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Loverly is expressly prohibited. – The materials may be used solely for noncommercial, informational purposes. – Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with the prior written permission of Loverly or such third party that may own the trademark or copyright of materials displayed on the Site.
Services for Which Registration is Required
Some of the materials available on this Site may require prior registration to access. If you decide to access such materials you will be required to register. In connection with such registration, Loverly may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Loverly rejects for any other reason in its sole discretion.
You will be solely responsible for maintaining the confidentiality of any password used to access the Site, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Loverly of any unauthorized use of your password or account, or any other breach of security.
Sharing Your Content and Information
You can control how Loverly shares certain types of content you provided to us through your privacy settings. In order for us to use certain types of content and provide you with the Services, you agree to the following:
When you delete such content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
If you choose to make any content publicly available for display, and subsequently elect to remove such content from display, such content may continue to appear in search engine search results pages until such time as the applicable search engine(s) update their search results.
You shall not post any content that you want maintained in confidence, including confidential information of a third party.
We do not endorse, support, represent or guarantee the truthfulness, completeness, accuracy or reliability of the content or any communications or materials posted via our Services. Any reliance or use of content or materials posted via the Services is at your own risk. Under no circumstances is Loverly liable in any way for any content, including, but not limited to any errors or omissions of such content. We are also not liable for any loss or damage incurred as a result of the use of the content.
Standards of User Conduct
You may not use the Services to:
- transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is or which Loverly considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, violent, harassing or otherwise objectionable Content;
- sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
- sell or promote controlled pharmaceutical substances, fire arms, tobacco, and alcohol;
- introduce or transmit viruses, worms, Trojan horses and/or harmful code on the Internet;
- display material that exploits persons under 18 years of age;
- post any Content that violates or infringes upon any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- impersonate any other person, including but not limited to, an Loverly official, expert or bulletin board leader, guide or host;
- post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age);
- post or transmit any unsolicited advertising, emails, promotional materials, or any other forms of solicitation, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests, or collect store, or post personal data about or of other Site users;
- intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer content (excluding Content posted by you), except as permitted in this Agreement, or as expressly authorized by us;
- use manual or automated methods or software (including bots) to scrape, crawl, spider or download content from the Site.
These are some, though not all, of the activities that may result in removal of Content that you post to the Site and/or the termination of your access to the Site.
License for Content
When you submit, post or display Content through the Services you are granting us and any third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.
The Content that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media.
We do not claim any ownership of the Content that you submit, post, or display through the Services. You retain any and all ownership rights to the Content that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any Content on our Services.
Ownership; Copyright and Trademark Information
This Site, and the information which it contains, is the property of Loverly and/or its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Loverly and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services.
Loverly will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that its Content is being displayed on or through the Services in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to Loverly a properly submitted copyright notice as indicated below, Loverly will investigate, and if it determines, in its discretion, that the material is infringing, Loverly will remove the Content and may terminate the access of the User who posted such Content to the Services in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
- a statement specifically identifying the location of the infringing material, with enough detail that Loverly may find it on the Services. Please note: it is not sufficient to merely provide a top level URL. iii. the complete name, address, telephone number and e-mail address of Complainant.
- a statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
- a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
- a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Loverly’s contact information for notice of alleged copyright infringement is: firstname.lastname@example.org
Attn.: Copyright Notice Loverly c/o Dubblee Media Inc. 481 Broadway #2 New York, NY 10013 USA
THE SERVICE, AND ALL INFORMATION, DOCUMENTS AND OTHER MATERIALS, PROVIDED ON THE SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, LOVERLY DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOVERLY DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LOVERLY DOES NOT GUARANTEE THE AVAILABILITY OF THE SERVICES AND DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS.
All information, documents and material provided on this Site are subject to change. Loverly periodically adds or updates the information and documents on this Site without notice.
It is the user’s responsibility to ascertain whether any information downloaded from this Site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOVERLY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE, EVEN IF LOVERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOVERLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO LOVERLY DURING THE MOST RECENT THREE (3) MONTH PERIOD IN CONNECTION WITH YOUR USE OF THE SERVICES.
Links to Third-Party Sites; Third-Party Storefronts; No Implied Endorsements
The Site may contain links to non-Loverly Sites. These links are provided to you as a convenience, and Loverly is not responsible for the content of any linked Site. Any outside web site accessed from this Site is independent from Loverly, and Loverly has no control over the content of that Site. In addition, a link to any non-Loverly Site does not imply that Loverly endorses or accepts any responsibility for the content or use of such a web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Loverly of that third party or of any product or service provided by a third party.
In addition, the Service may contain sections devoted to the promotion and sale of goods and services of third-parties from where you may make purchases or be referred to third-party sites for the purpose of completing transactions (the “Storefronts”). The Storefronts are operated by third-parties, and may be subject to additional terms of service and policies, such as sale, return and shipping policies (“Third Party Policies”). Such Third Party Policies, if any, will be posted in the applicable Storefront.
Loverly is not the vendor for goods or services sold through Storefronts. Any questions or issues relating to the Storefronts or goods and services purchased through them should be directed to the operator of the particular Storefront at issue.
Term and Termination; Jurisdictional Issues; Disclosures.
This Agreement shall remain in effect for so long as you use the Services. Loverly may terminate your account or your access to the Services at any time and for any reason in its sole discretion. Sections 2 through 12 shall survive termination or expiration of this Agreement. Loverly makes no representation or warranty that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that Loverly may access, maintain, and disclose information you provide to Loverly if required to do so by law or if Loverly believes, in good faith, that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of Loverly, its vendors, community members, users and the general public.
This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York for all matters arising under this Agreement. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You shall not assign this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to Loverly in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as Loverly may designate pursuant to this notice provision. You agree that all notices to you shall be sent to the email address provided by you as part of the sign-up process. Notices to Loverly shall be sent via email to email@example.com or to the following mailing address:
Loverly c/o Dubblee Media Inc. 481 Broadway #2 New York, NY 10013 USA
The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. Loverly may, at its sole discretion and without notice, revise and modify this Agreement at any time by updating this posting. Your continued use of the Services after such update constitutes your acceptance of the modified Agreement. If you do not agree to the changed Agreement, your only recourse is to stop using the Services. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Loverly, as described above.