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Terms 2018-08-20T08:25:04+00:00

Love + Laughter + Community Terms of Service

Please read these Terms of Service (“Terms”) carefully.

We are Love + Laughter + Community, which is operated by Your Wedding Time Capsule Inc., a corporation registered under the laws of the state of California in the United States, and hereafter referred to as Love + Laughter + Community, “We”, “Us”, or “Our”.   Love + Laughter + Community operates the Love + Laughter + Community website, mobile applications and other products and services (collectively, the “Services”). By downloading, accessing, or using the Services, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.

Our Customers
Love + Laughter + Community may, in its sole and absolute discretion, refuse to offer the Services to any person or entity, for any reason. Love + Laughter + Community may, without notice, and in its sole and absolute discretion, terminate your right to use the Services, or any portion thereof, and/or block or prevent your future access to and use of the Services or any portion thereof.

Privacy
Your privacy is very important to us. The Love + Laughter + Community Privacy Policy is listed separately on www.lovelaughtercommunity.com. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Love + Laughter + Community Privacy Policy

User Content
The Services consist of interactive features and areas that allow its users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You are solely responsible for all data charges you incur by using the Services.

You agree that you are solely responsible for your User Content and any claims, liabilities, damages, lawsuits or causes of action arising therefrom. Love + Laughter + Community is not responsible or liable for any User Content or claims, liabilities, damages, lawsuits or causes of action arising therefrom.

While Love + Laughter + Community is not obligated to do so, Love + Laughter + Community reserves the right, and may, in its sole and absolute discretion, to review, screen, and delete User Content at any time and for any reason.

You may not post any User Content that is offensive, objectionable, or illegal. If you violate these Terms and do post such content, Love + Laughter + Community may remove your User Content, suspend your account, and or prohibit you from using the Services in the future.

You represent and warrant that by using the Services, you have the right to post your User Content. You retain any right, title and interest in and to the User Content that you may have, and Love + Laughter + Community acknowledges that it neither owns nor acquires any additional rights in and to the User Content not expressly granted by these Terms of Use.

You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all User Content and Love + Laughter + Community shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content due to any action by You.

You hereby grant to Love + Laughter + Community a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, share, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt and create derivative works of such User Content and to otherwise use the User Content for purposes of performing Love + Laughter + Community obligations under this Agreement, or as further set forth in the Love + Laughter + Community Privacy Policy.

Of course, Love + Laughter + Community will never share User Content for any marketing or advertising purposes, without your consent.

Feedback
You agree that any feedback, suggestions, ideas, or other information or materials regarding Love + Laughter + Community or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Love + Laughter + Community. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights therein). We like hearing from users, but please do not share your ideas with us if you expect to be paid for such ideas, or want to continue to own or claim rights in them.

Love + Laughter + Community Content
Unless otherwise stated, all materials contained in, on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, ” Love + Laughter + Community Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Love + Laughter + Community Content may violate such laws and these Terms. Except as expressly provided in these Terms, Love + Laughter + Community does not grant any express or implied rights to use Love + Laughter + Community Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, decompile, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Love + Laughter + Community Content, the Services, or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Love + Laughter + Community Content. This license is revocable at any time. This license is subject to these Terms and does not include:

The distribution, public performance, or public display of Love + Laughter + Community Content;

Modifying or otherwise making any derivative uses of the Services or Love + Laughter + Community Content, or any portion thereof;

Use of any scraping, data mining, robots, or similar data gathering or extraction methods;

Downloading (other than page caching) any portion of the Services, Love + Laughter + Community Content, or any information contained therein, except as expressly permitted on the Services; and

Any use of the Services or Love + Laughter + Community Content other than for their intended purposes.

Any use of the Services or Love + Laughter + Community Content other than as specifically authorized in these Terms, without the prior written permission of Love + Laughter + Community, is strictly prohibited and will terminate the license to use the Services granted in these Terms.

Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that you will not:

Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;

Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

Compromise the security of the Services;

Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;

Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;

Reverse engineer any aspect of the Services or do anything that might discover the source code of the Services or any related software, or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services or any related software;

Use or attempt to use another user’s account without authorization;

Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;

Attempt to indicate in any manner that you have a relationship with Love + Laughter + Community or that Love + Laughter + Community has endorsed you or any products or services without Love + Laughter + Community’s express written consent to do so;

Engage in any harassing, intimidating, predatory, or stalking conduct;

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;

Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or party;

Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Love + Laughter + Community account without Love + Laughter + Community ‘s prior written consent;

Develop any third-party applications that interact with User Content or the Services without Love + Laughter + Community’s prior written consent; and

Use the Services or any related software for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

You further agree to abide by any third-party terms that apply to the Services or when posting reviews of the Services, including the iTunes App Store Terms of Service and Google Play Store Terms of Service.

Account Security
After opening a Love + Laughter + Community account, you accept all responsibility for any activity that occurs while logged into your account. You agree that you will not do anything that might jeopardize the security of your account.

Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

Copyright Policy
Love + Laughter + Community respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Love + Laughter + Community becomes aware that one of its users is an intentional or repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Services infringes any copyright that you own or control, please inform our designated copyright agent by sending written notice by U.S. Mail or e-mail in accordance with the requirements set out in our Copyright policies.

To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Love + Laughter + Community to locate the material.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer
THE SERVICES AND THE Love + Laughter + Community CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Love + Laughter + Community ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE, VIRUS-FREE, OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, Australia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Indemnification
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Love + Laughter + Community, our affiliates and their respective officers, directors, managing members, shareholders, employees, affiliates, licensors, partners, investors and suppliers (collectively, the ” Love + Laughter + Community Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or proprietary right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

Limitation of Liability
Except where prohibited by law, in no event will Love + Laughter + Community or the Love + Laughter + Community Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages arising out of or in connection with your use of the Services, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not Love + Laughter + Community has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the Terms, or from any communications, interactions, or meetings with other users of the Services, on any theory of liability, that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services, any related software, or any materials available therein; or (c) any other matter related to the Services, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. You assume total responsibility for your use of the Services and any related software and materials. Your only remedy against Love + Laughter + Community for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Love + Laughter + Community is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Love + Laughter + Community ‘s liability shall in no event exceed the amounts paid by you, if any, for the Services twelve (12) months immediately preceding the event giving rise to liability. SOME STATES, INCLUDING NEW JERSEY, DO NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

Complete Agreement
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Love + Laughter + Community. These Terms do not create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Love + Laughter + Community account.

Law
You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any software provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of California shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

Notwithstanding the foregoing, you agree that Love + Laughter + Community may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Software, or to us, may only be brought by you in a state or federal court located in San Diego, California. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN CALIFORNIA.

Class Action Waiver. You agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

If for any reason a claim proceeds in court rather than in arbitration, both you and Love + Laughter + Community agree that parties have each waived any right to a jury trial and any rights to assert any claims against the other party as a representative or member in any class or representative action.

Questions and Comments
We always welcome comments, questions, concerns, or suggestions! Please feel free to send feedback to us anytime at helpme@lovelaughtercommunity.com.