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Terms of Use for Love’s an Action

Last Revised 5/19/2020

Welcome to Love’s an Action’s website, which includes but is not limited to lovesanaction.com (the “Site”. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at findme@lovesanaction.com.

The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Sites (the “Agreement”).

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation.

Your use of the sites constitutes your agreement to follow and be bound by the agreement. We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use the site. If you do not agree to these terms, please do not use the site. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Love’s an Action and/or its licensors own the intellectual property rights published on this website and materials used on www.lovesanaction.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screensavers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization with copyright information to remain unaltered.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.lovesanaction.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without www.lovesanaction.com’s express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Love’s an Action.

Restricted access

Access to certain areas of this website is restricted. Love’s an Action reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Love’s an Action may change or modify this policy without notice.

If Love’s an Action provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

Love’s an Action may disable your user ID and password at Love’s an Action’s sole discretion without notice or explanation.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Love’s an Action a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Love’s an Action the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Love’s an Action or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Love’s an Action reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.lovesanaction.com, or hosted or published upon this website.

User Submissions

Love’s an Action is unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Love’s an Action’s employees and agents might seem to be similar to Proposals.

If you submit any information through lovesanaction.com, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Love’s an Action is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Love’s an Action or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Love’s an Action takes no responsibility and assumes no liability for any Comments posted by your or any third party.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Love’s an Action makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Love’s an Action does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Love’s an Action will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Love’s an Action has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Love’s an Action in respect of any:

  • death or personal injury caused by the negligence of Love’s an Action or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of www.lovesanaction.com; or
  • matter which it would be illegal or unlawful for www.lovesanaction.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Love’s an Action has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Love’s an Action’s officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Love’s an Action’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.lovesanaction.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Love’s an Action and undertake to keep Love’s an Action indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Love’s an Action to a third party in settlement of a claim or dispute on the advice of Love’s an Action’s legal advisers) incurred or suffered by Love’s an Action arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Love’s an Action’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Love’s an Action may take such action as Love’s an Action deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Love’s an Action may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on www.lovesanaction.com. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Love’s an Action may transfer, sub-contract or otherwise deal with www.lovesanaction.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with www.lovesanaction.com’s Privacy Policy constitute the entire agreement between you and Love’s an Action in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These Terms constitute the entire agreement between you and Love’s an Action and govern your use of the Site, and they supersede any prior agreements between you and Love’s an Action. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Love’s an Action may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Love’s an Action’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between Love’s an Action and you as a result of this Agreement or your use of the Site.