Last Modified on February 1, 2019
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
You must agree to this ToU in order to use the Site and/or the Service. BY AGREEING TO THESE TERMS (INCLUDING BY A CLICK-THROUGH OR OTHER AGREEMENT), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS TOU AND AGREE TO ALL OF ITS RESPECTIVE TERMS AND CONDITIONS. Also, by agreeing to this ToU (including by a click-through or other agreement), you are waiving, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding. If you use any aspect of the Service, or click to accept or agree to this ToU if presented to you in a user interface on the Site, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using any aspect of the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use any aspect of the Service.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. With limited exceptions, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT and that all disputes between you and True Love Publishing arising out of or relating to this ToU or any aspect of the Service will be resolved by BINDING ARBITRATION. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please see the section below entitled “Binding Arbitration” for more details regarding your obligation to resolve any disputes in arbitration.
Love is blind, but you might not be, and thus, you may encounter Content (as defined below) that you find explicit, offensive or otherwise objectionable. If you are offended or simply feel uncomfortable with respect to Content that you come across while using the Service, then this Service may not be for you. If you still choose to use this Service despite this disclaimer, then you shall assume all risks arising from the use of the Service including the risk that you may be offended by Content made available on the Site.
- ToU Updates. True Love Publishing may update this ToU at any time, and True Love Publishing will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If True Love Publishing makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you used to register for an account. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications to the Service.
- Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that True Love Publishing may make changes to any aspect of the Service at any time without notifying you in advance.
- Termination of Service. True Love Publishing reserves the right to deny service to any person or entity at True Love Publishing’s sole and absolute discretion. You acknowledge and agree that True Love Publishing may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if True Love Publishing suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If True Love Publishing disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
- Accounts and Security.
- Account. You do not need to create an account to visit the Site, but you must create an account to access and utilize certain aspects of the Service by completing the registration process or by creating an account. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to True Love Publishing will be correct, accurate and current.
- Social Networks and True Love Publishing. By linking your account with any social network account including but not limited to, Facebook, Instagram or Twitter (“Social Network” or collectively, “Social Networks”), you expressly authorize True Love Publishing to receive, and for Social Networks to share, certain of your information that is available on or through Social Network accounts, including, without limitation, your profile information, friends’ names, your photos, privacy settings, your payment information associated with your account and certain other information that may be disclosed to you (and authorized by you) during the log-in process. Lunchtime Quickies is made available by True Love Publishing and its affiliates. Social Networks are made available by their respective corporate entities.
- Fees. You agree to pay immediately all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. True Love Publishing may, from time to time, modify, amend, or supplement its pricing, cancellation fees and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this ToU or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees or the Service, True Love Publishing shall have the right to terminate your account without prior notice. For the avoidance of doubt, if you purchase a monthly (or other periodic) Subscription Membership, you agree and acknowledge that your Subscription Membership has an initial and recurring payment charge at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by True Love Publishing after the expiration date of your payment card. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
- Payments. All payments are payable by electronic funds transfer from your credit card account or debit card account. You must authorize payments to be made through a third-party payment processor. You authorize True Love Publishing to charge all payments for the Service on the payment method designated in your account. When you make a purchase through the Site, or a third-party website or app, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the payment total quoted at checkout. However, you will only be charged the final payment total once your payment is registered as complete within True Love Publishing system. True Love Publishing will not process charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that True Love Publishing may incur in its efforts to collect any unpaid balances from you.
- Subscription Payments. If you purchase a Gold Membership (collectively, “Subscription Membership”), you will be charged the Subscription fee (“Subscription Fee”), at the beginning of your Subscription Membership and each subscription period (e.g., monthly or annually, as specified when you purchase such Subscription Membership) thereafter, at the then-current Subscription Membership Fee.
- If you purchase a Subscription Membership, we (or our third-party payment processor) will automatically charge you each period on or about the applicable anniversary of the calendar day of the commencement of your Subscription Membership, using the Payment Information you have provided until you cancel your Subscription Membership. In the event your Subscription Membership began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we (or our third party payment processor) deem appropriate (for example, if you started a monthly Subscription Membership on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on or about that date). By agreeing to this Agreement and electing to purchase a Subscription Membership, you acknowledge that your Subscription Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription Membership by you or True Love Publishing. Please pay special attention to the recurring payment features associated with your Subscription Membership listed on the Site. Your Subscription Membership continues until cancelled by you or we terminate your access to or use of the Service or Subscription Membership in accordance with this Agreement.
- Subscription Cancellation. You may cancel your Subscription Membership at any time by disabling the auto-renewal settings in your account settings at least 30 days prior to the end of your current Subscription Membership period. Your Subscription Membership will then terminate at the end of your current Subscription Membership period. YOU ACKNOWLEDGE AND AGREE THAT ALL SUBSCRIPTION FEES AND OTHER CHARGES ARE NON-REFUNDABLE BY TRUE LOVE PUBLISHING IN WHOLE OR IN PART UNLESS SPECIFIED OTHERWISE. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. TRUE LOVE PUBLISHING SHALL NOT BE RESPONSIBLE FOR YOUR FAILURE TO CANCEL YOUR SUBSCRIPTION AT LEAST 30 DAYS PRIOR TO THE END OF YOUR CURRENT SUBSCRIPTION MEMBERSHIP PERIOD. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription Membership period and will then terminate without further charges.
- Returns and Refunds on Behalf of True Love Publishing.
a. Please note that True Love Publishing may update their cancellation and refund policies at any time. You understand and agree that you will be deemed to have accepted the updated cancellation and refund policies if you use any aspect of the Service after the cancellation and refund policies have been posted on the Site.
a. Merchandise purchased from True Love Publishing is done via the link to Amazon found on the Lunchtime Quickies’ website. As such, items that wish to be returned or refunded must fall under Amazon’s return and refund policies which can be found here.
- Additional Information. True Love Publishing reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
- Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
- Cancellation by You. You have the right to cancel your Subscription or your account at any time. You may cancel your account by contacting us through the website, or email at email@example.com. If you cancel a Subscription Membership, you may use your Subscription Membership until the end of your then-current Subscription Membership term.
- Termination by True Love Publishing. True Love Publishing may at any time terminate your account if:
(a) True Love Publishing determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to True Love Publishing;
(b) True Love Publishing determines it is required by law to terminate your account; or
(c) True Love Publishing decides to stop providing the Service or critical portions of the Service.
- Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may reactivate that account at any time by logging in to the Service through the Site and reactivating the account and if, applicable, paying any outstanding Subscription Fee owed under the account. Accounts terminated by True Love Publishing for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
- Restrictions and Conditions of Use.
- Use of the Service. Subject to the terms and conditions of this ToU, True Love Publishing hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely in accordance with this ToU and any rules, restrictions or documentation set forth by True Love Publishing from time to time. True Love Publishing reserves all rights not expressly granted to you. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. True Love Publishing reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
- Installation. In connection with the Service, you may access the Site on one or more mobile devices that you own or control and that meet the minimum specifications provided by True Love Publishing.
- Updates. You acknowledge and agree that True Love Publishing may update the Service from time to time with or without notifying you and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that True Love Publishing has no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and True Love Publishing may terminate your access to the Service or stop offering the Service at any time.
- Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site or Service.
- No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
(a) Without limiting the generality of the foregoing, you agree that you will not: (i) remove any trademarks, copyright notices, proprietary notices or any other notice contained in any content, materials, or individual elements provided on or through the Service; (ii) cause, permit or authorize the modification, creation of or reproduction of derivative works, translation, reverse engineering, decompiling, disassembling, overcoming any encryption technology or security measures or hacking of the Service; (iii) make any commercial use, sell, assign, rent, lease, act as a service bureau, or in any way exploit any content, materials, or individual elements provided on or through the Service without True Love Publishing’s prior consent; (iv) grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of True Love Publishing; or (v) frame or utilize framing techniques to enclose any content, materials or individual elements provided on or through the Service without True Love Publishing’s prior written consent; (vi) make any false, misleading or deceptive statement or representation regarding True Love Publishing or the Service.
(b) Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, limit the functionality, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed on or through the Service or transmitted through the use of any of the Service; (iii) attempt to gain unauthorized access to the Service, user information, or any servers, systems or networks connected to the Service; (iv) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with True Love Publishing; (v) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (vi) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or use the Service to upload, post transmit promotional materials, junk mail, spam or other form of solicitation; (vii) or use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
(c) Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by True Love Publishing in its sole discretion.
- No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, mobile phone numbers, email addresses of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, interfere with, damage or disassemble, any aspect of the Service.
- Violation of this ToU. You acknowledge and agree that you are solely responsible, and True Love Publishing has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. True Love Publishing may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 5.8 or any other terms of this ToU.
- Links from the Service. The Service may contain links to websites operated by independent third parties. True Love Publishing provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of True Love Publishing and True Love Publishing is not responsible for the content available on the other websites or services. Such links do not imply True Love Publishing’s endorsement of information or material on any other website and True Love Publishing disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
- Links to the Service. Unless otherwise set forth in a written agreement between you and True Love Publishing’s, you must adhere to True Love Publishing’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Service may not be such as to damage or dilute the goodwill associated with True Love Publishing’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with True Love Publishing; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. True Love Publishing’s reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Intellectual Property.
- Trademarks. True Love Publishing’s name and logo are trademarks and service marks of True Love Publishing. Unless permitted in a separate written agreement with True Love Publishing, you do not have the right to use any of True Love Publishing’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- User Submissions. By using the Service, you and other users may provide information which may be used by True Love Publishing in connection with the Service and which may be visible to others. By submitting material for consideration to be posted by True Love Publishing, or otherwise posting information, images, video, blogs, or other content on the Site (collectively, “User Submissions“) or otherwise providing User Submissions to True Love Publishing in connection with the Service, you hereby grant to (i) True Love Publishing a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformat, modify, create derivative works of, and/or translate) such User Submissions (including all related intellectual property rights) in connection with the Service and True Love Publishing’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the User Submissions (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so, and (ii) each user of the Service a non-exclusive license to access your User Submissions through the Service as permitted through the functionality of the Services and under this Agreement.
- All materials displayed or performed on the Site, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, video and User Submissions (also known as the “Content“), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Service is protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.
- Ownership. You acknowledge and agree that True Love Publishing, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that True Love Publishing has designated as confidential and you agree not to disclose such information without True Love Publishing’s prior written consent.
- Feedback. You may choose to, or True Love Publishing may invite you to, submit comments, bug reports, ideas or other feedback about the Site and/or the Service (“Feedback”) to firstname.lastname@example.org or you may drop us a note by clicking on the “Contact” link on the Site. By submitting Feedback, you agree that True Love Publishing is free to use such Feedback at its discretion without any obligation to you. True Love Publishing may also choose to disclose Feedback to third parties. You hereby grant True Love Publishing a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- True Love Publishing respects the intellectual property rights of others and requires that people who use the Service do the same. True Love Publishing maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
True Love Publishing, Inc.
PO Box 1263
Pacific Palisades, CA 90272
Tel: (323) 540-6346
- Submitted Content. True Love Publishing is not the source of, does not verify or endorse and takes no responsibility for the content submitted using the Site and/or the Service. The content is entirely the responsibility of the person from whom such content originated whether publicly posted or privately transmitted, on the Site, or through the use of the Service. You, and not True Love Publishing, are entirely responsible for the content you choose to communicate, upload, post, email, transmit, distribute or otherwise make available and access using the Site and/or the Service. You acknowledge that you will have the burden of proving that any such content does not violate any laws or infringe any third-party rights. True Love Publishing may from time to time monitor misuse of our Service and filter objectionable and harmful content. If True Love Publishing learns of any content that is objectionable, harmful and/or in breach of this ToU, we will take appropriate action to, in our discretion, provide assistance, remove content, block access to certain features, disable an account, terminate an account, contact law enforcement or take such other steps as we may deem appropriate in the circumstances. In many cases, this may occur within 24 hours of our identifying the applicable content. Further, True Love Publishing reserves the right to remove any content from the Services at any time, for any reason or no reason in its sole discretion. Additionally, True Love Publishing may in its sole discretion remove such content and/or terminate this ToU and your account if you use any content that is in breach of this ToU. True Love Publishing does not claim ownership of any of your Submitted Content. You may take down any of your Submitted Content (as defined below) at any time; however, you acknowledge and agree, that True Love Publishing may still have access to such Submitted Content and that the above license granted by you to True Love Publishing will remain in effect despite your removal of the Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 8.
- Submitted Content” consists of information or materials you submit or make available through the Service. The Services may include certain review and comment areas, forums, message boards, profile information, and other similar areas (collectively, “Interactive Areas”), in which you or other users may create, post, link, store, or otherwise make available (collectively, “Post”) reviews, comments, questions, data, or other materials (collectively, “User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. True Love Publishing may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this ToU. Further, True Love Publishing may in its sole discretion remove or terminate this ToU and your account if you use any content that is in breach of this ToU.
- You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will True Love Publishing be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
- You acknowledge that True Love Publishing has the right to pre-screen your Submitted Content but has no obligation to do so. At True Love Publishing’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, True Love Publishing and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates this TOU or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property
- Location. The Service is operated by True Love Publishing in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
- Each party providing an advertisement or sponsored posting on the Site (“Advertiser represents and warrants that (a) it has full power and authority to enter into transactions and market, advertise, distribute, promote, reproduce, offer for sale and sell the properties and to use all marks, names and designs used in connection with the foregoing; and (b) the property information, documentation and specifications that the Advertiser has provided to True Love Publishing is accurate, true, correct, complete and not misleading.
- True Love Publishing shall not be responsible for monitoring whether the advertisements or sponsored postings by Advertisers are accurate and does not guarantee that such advertisements or promotions are being honored.
- Children. The Service is not directed toward children under 18 years of age, and True Love Publishing does not knowingly collect information from children under the age of 18 or allow them to create an account or access account features. If you are under the age of 18, please do not submit any personal information about yourself to True Love Publishing.
- Disclaimer of WarrantIES.
- YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH OUR SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- FURTHER, YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH YOU VIEWING ANY CONTENT ON THE SERVICE THAT YOU FIND OBJECTIONABLE OR INAPPROPRIATE. YOU ACKNOWLEDGE THAT TRUE LOVE PUBLISHING IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL FOUND IN CONNECTION WITH THIS SITE, INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUE LOVE PUBLISHING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- TRUE LOVE PUBLISHING MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE.
- TRUE LOVE PUBLISHING DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING, ACCESSING, OR OBTAINING SUCH MATERIAL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
- Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUE LOVE PUBLISHING AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
(a) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF TRUE LOVE PUBLISHING OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
(c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
14.2 WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF TRUE LOVE PUBLISHING OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of True Love Publishing and the Related Parties shall be limited to the fullest extent permitted by law.
- Indemnification. You agree to defend, indemnify and hold True Love Publishing and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service or (b) your breach of this ToU or any other policies that True Love Publishing may issue for the Service from time to time.
- Governing Law; Jurisdiction. This ToU is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and True Love Publishing agree that, except as otherwise provided in Section 17 below, the state and federal courts located in Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, True Love Publishing shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
- Binding Arbitration.
Arbitration Procedures. You and True Love Publishing agree that, except as provided in Section 19.1 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 17 and the JAMS Rules, the terms in this Section 17 will control and prevail.
Except as otherwise set forth in Section 19.1 you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and True Love Publishing will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and True Love Publishing may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
- Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
- Limitations. You and True Love Publishing agree that any arbitration shall be limited to the Claim between True Love Publishing and you individually. YOU AND TRUE LOVE PUBLISHING AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and True Love Publishing agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of True Love Publishing’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Severability. You and True Love Publishing agree that if any portion of this Section 19 is found illegal or unenforceable (except any portion of Section 19.1), that portion shall be severed, and the remainder of the section shall be given full force and effect. If Section 19.1 is found to be illegal or unenforceable then neither you nor True Love Publishing will elect to arbitrate any Claim falling within that portion of 1 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, California United States of America, and you and True Love Publishing agree to submit to the personal jurisdiction of that court.
- Survival. This Section 19 shall survive any termination of your relationship with True Love Publishing.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N112 Suite S-202, Sacramento, California 95834, or by telephone at (916) 574-8220 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- Survival. This Section 21.1 shall survive any termination of your relationship with True Love Publishing.
- ToU Revisions. This ToU may only be revised in a writing signed by True Love Publishing or published by True Love Publishing on the Site.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and True Love Publishing as a result of this ToU or your use of the Service.
- Assignment. True Love Publishing may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without True Love Publishing prior written consent, and any attempted unauthorized assignment by you shall be null and void.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in 19.1, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by True Love Publishing of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
- Notices. All notices given by you or required under this ToU shall be in writing and sent to:
True Love Publishing, Inc.
PO Box 1263
Pacific Palisades, CA 90272
- Equitable Remedies. You acknowledge and agree that True Love Publishing would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and True Love Publishing with respect to the Service and supersedes any and all prior agreements between you and True Love Publishing relating to the Service.