Terms of Use

Effective Date: 9/12/2014

INTRODUCTION

This agreement outlines the terms of service and the user agreement between Love Is All Around, LLC (us/we/our) and you (the user). This agreement covers use all of Love is All Around, LLC’s websites (loveisallaroundme.com); related mobile sites; mobile applications and any other platform operated by Love Is All Around; which shall be collectively referred to as the Love Is All Around Services. Love Is All Around offers you, the user, access to these platforms, including all information, tools and services available on these services, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This agreement applies to your use of any of the Love is All Around Services regardless of the device, (desktop, mobile, tablet or other) you used to access our services. By accessing or using any of Love is All Around LLC’s Services, you acknowledge that you have read and understand this document and agree to be bound by terms and conditions of this agreement, the Love is All Around Services Privacy Policy and to comply with all applicable laws and regulations. If you do not agree to the all of the terms of this agreement, please do not access or use any of the Love Is All Around Services.

These Terms of Service apply to all users of the Love Is All Around Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new features or tools, which are added to the current Love Is All Around Services, shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Love Is All Around may suspend or discontinue the Services and/or any materials or content displayed on the services, at any time, for any reason, including the availability of the feature or content. Love Is All Around may also apply limits to features or services or restrict access to parts or all of the Services without notice or liability.

ACCESSIBILITY

Our online store and web site and mobile site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

If you access our services or a mobile application through any one of Apple Inc’s platforms (to include but limited to the App Store; or an iOS device); You and Love Is All Around acknowledge that a) you enter into this Agreement with Love Is All Around only, and not with Apple Inc., and that Apple Inc. is not party to this agreement and that Love Is All Around, not Apple Inc. is responsible for the app.

LOVE IS ALL AROUND SERVICES TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 18 or the majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you or a parent/legal guardian of a user under the age of 18 does not agree to the terms of this agreement, you/the user must immediately discontinue use and access to all the Love Is All Around services. Love Is All Around reserves the right to refuse access to the services to any person or entity at anytime.

You may not use our services for any illegal or unauthorized purpose, nor may you use the Services to violate any laws in your jurisdiction (including but not limited to copyright, trademark and intellectual property laws) against Love Is All Around or any person or entity. You must not transmit any worms or viruses or any code of a destructive, malicious or disruptive nature that would interfere with the proper functioning of any software, hardware or transmitting activity or that seeks to obtain unauthorized access to any system, data, password or other information of ours or any third party. A breach or violation of any of the Service Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

The Love Is All Around Services content is for personal use only and the terms of use as set forth in this agreement must be adhered to in its entirety. Any use other than personal use requires written permission. This applies to all e-cards created by Love is All Around LLC and any e-card or image produced by the user by using a Love is All Around Service which may include user content that features an e-card or artwork created by or available through the Love is All Around Services.

You cannot use the Love Is All Around Services and our content or user created content that were produced by using the Love Is All Around services which include content (artwork) from any of the Love Is All Around Services, for marketing or audience building; to create advertisements, promote a product, brand, web site, social media, community page, or fan page, or other promotional use, without written permission.

You cannot edit, alter or download any of the Love is All Around Services content without written consent from Love is All Around LLC. This applies to our ecards and user generated ecards that may or may not include user content, which are created by using or downloading any content or application of the Love Is All Around Services. These rules also apply to any of our ecards or user created card on other sites on the Internet.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to decipher, disassemble, reproduce, duplicate, modify, translate, copy, rent, lease, distribute, sell, resell or exploit any portion of the Services, use of the Services, content of the Services, or access to the Services or any contact through which the Services are provided, without express written permission by us.

PROHIBITED USES

In addition to other restricted use as set forth in the Terms of Service, you are prohibited from using the services or the content from the services: (a) For any unlawful purpose; (b) To solicit others to perform or participate in any unlawful acts; (c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To submit false or misleading information; (g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, application, or other websites, or the Internet; (h) To collect or track or publish/display the personal information of others; (i) For mass distribution, chain letters, junk mail, unsolicited email or messaging, to spam, phish, spider, crawl, or scrape; (j) For any obscene or immoral purpose; or (k) To interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet, (l) To send anonymous emails/messages (m) To use as your name the name of another person with the intent to impersonate that person, (n) To use as a user name a name that is offensive, vulgar or obscene. (o) To solicit personal information from anyone under the age of 18 (p) To harm minors in anyway (q) For commercial use or activity of any kind (promoting a brand, product, fan page, web site, or other) without written consent and permission from Love Is All Around.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. 

REGISTRATION & RESPONSIBILITY

Registration is required for use of some features of our Services. You may have to create a user profile or account to use or to access all of the Services features. At minimum, you must submit a user created user name, valid email address and a password. Additional information or permissions from you may be required in order to access other features of the Services such as use of your own photos, social sharing, SMS/MMS messaging services or other. The information you provide shall be complete and accurate. Providing false information would be considered a breach of this agreement.

You may not use another users account without their consent. You are solely responsible for all activity that occurs on your account and maintain that you will not use the Services for any of the restricted or prohibited uses. You warrant that you are solely responsible for keeping the confidentiality of your password(s). You agree to immediately notify Love Is All Around of any unauthorized use of your account. We reserve the right to maintain, read, access and disclose any information deemed necessary to comply with applicable laws, regulations, to enforce these terms, including investigation for any activity suspect of being in breach of this agreement, and to protect the rights, safety and property of us, our users, and the public.

USING YOUR OWN CONTENT

Some Love Is All Around Services may allow you to use your own photos, artwork, images (or other materials) to which our content (or other materials) maybe applied. Use of your own “content” uploaded to our Services is subject to the following user terms: 1) You warrant that the content uploaded is fully owned by you; 2) That you have full rights to its use; 3) That it complies with all terms and conditions of this agreement; 4) That you have the obtained the consent of any all individuals featured or mentioned in your image or content; 5) That your use of your content does not violate the privacy of any individual or violate any law and 6) Does not violate the protection of intellectual property rights of any individual. You further agree that you will not produce or co-produce any user content which is libelous, defamatory, obscene, pornographic, abusive, threatening, hateful or contains any malicious virus or programming intended to damage or obtain unauthorized access to any system associated with the Services.  Love Is All Around will not be subject to any obligation of confidentiality of any user content.

Our services include some mobile application applications, which are only available to you on your mobile phone or other device. Features may include unlimited use of content; ability to customize our content with your own personalized greetings; ability to upload your own user content; access to additional Love Is All Around content for use in creating your images or cards; extended social sharing options and/or other mobile features. We may charge you for use of these services and features.

Love Is All Around is not responsible for any fees associated with the users device or data plan, storage, standard messaging or other fees that may be charged by your carrier when transmitting content to or from our Services. Furthermore, your carrier plan may limit the features you are able to use with our services.

Love Is All Around is not responsible for a card or message that is not received by the recipient under any of the following circumstances: 1. Recipient blocks or declines delivery from user 2. User or Recipient uses unsupported carrier; carrier plan or device 3. User device does not or cannot display images 4. Due to carrier failure or network connection 5. And other possible reasons.

Love Is All Around does not provide refunds for cards that are not delivered due to issues for which we are not responsible. You should contact your carrier with questions regarding these issues.

SHARING CONTENT

Love Is All Around permits users to share its content and user created content using our services for personal use only. Users are granted permission to share content from any of our services using the share options/ buttons available on the services or by copying and providing a link to the URL address. You may not alter or modify any content produced by the Services (including adding a logo of your own or removing our logo without consent or purchase agreement) once the content has been shared.

APPLE DEVICE & iOS APPLICATION TERMS

The following additional terms apply to users accessing our mobile applications on an Apple, Inc. mobile device or obtained access through the Apple App Store: 1. You and Apple acknowledge this agreement applies only between you (user) and Love Is All Around, and not with Apple Inc.; and that Apple Inc is not responsible for the application or the content of; or generated; by the Application. 2. The App is available to you on a limited, non-exclusive, non-transferable basis, solely to allow your usage of the Services for your private, personal, and non-commercial use. 3. Your use of the App is subject to the terms and conditions of these Terms of Service. 4. You will only use this App with an Apple device that you own or control. 5. You acknowledge and consent that Apple Inc. is not responsible for and has no obligation to provide, any service, assistance or support to you for this App. 6. If the App should fail to meet any applicable warranty, you may notify Apple. Apple’s sole warranty obligation is to refund the purchase price of the App, if any. This does not apply to in-app purchases. 7. You acknowledge and agree that Love Is All Around (and not Apple) is responsible for addressing any claims you or any third party may have in relation to the Application. 8. In the event of any third party claim, that your use or possession of the App infringes on the intellectual property rights of any person or entity, you acknowledge that, Love Is All Around and not Apple will be responsible for the investigation and resolution of such claim. 9. You warrant that you are not located in a country or territory subject to a US Government embargo; or designated as a “terrorist supporting” country, and that you are not listed on any US Government list of restricted parties. 10. You and Love Is All Around both acknowledge and agree that your use of the application, complies with any applicable third party terms, which may affect or be affected by your use. You and Love Is All around acknowledge and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and with your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our Services is not accurate, complete or current. The material and content on our Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Our Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services offered by Love Is All Around may be available exclusively online or through a mobile application. All of our products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. We have a No Refunds policy on our digital goods / services.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website or service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

PERSONAL INFORMATION

Your submission of personal information through our Services is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove all or parts of our Services for indefinite periods of time or cancel Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and of the Services delivered to you through our Services/platforms are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Love Is All Around Me, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Love Is All Around LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to any principles or conflicts of you’re your expressly agree that the exclusive jurisdiction for any claim or action arising from out of or relating to this Agreement or your use of the services shall be filed only in the state or federal courts located in Fulton County, Georgia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

COPYRIGHT INFORMATION

All of the materials available through the Love Is All Around Services are subject to copyright or are used by us under license from the copyright holder. Love Is All Around may utilize copyrighted materials from various individuals or entities and copyright notices for such material are set forth wherever such licensed material appears on our Services.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

http://lcweb.loc.gov/copyright/legislation/dmca.pdf

To protect against copyright infringement and in compliance of the Digital Millennium Copyright Act, it is our policy to remove, disable, or block access to content we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users. We reserve the right to terminate the accounts of; or restrict access to repeat offenders.

If you believe that content found on any of our services infringes a copyright, please send a notice of copyright infringement by regular mail to: Love Is All Around LLC; Copyright Agent, 1078 Piedmont Ave NE #206, Atlanta, GA. 30309 to include the following information: • Your physical or electronic signature • Identification of works/ materials being infringed • Identification and location of content claimed to be infringing, which the copyright owner seeks to have removed. • A statement that you have good faith to believe that you/ the copyright owner does not authorize the content. • A statement made under penalty of perjury that information being provided is accurate and that you are authorized to make the complaint. • A statement that you consent to the jurisdiction of the federal court of Georgia • All pertinent contact info – name, address, phone, email, fax, etc.

Upon receiving a complete infringement complaint – we will address the complaint as follows – 1) remove/block access to the infringing content; 2) notify the content provider that the material has been removed, and that our policy is to remove all infringing content of and discontinue our services to any repeat offender. Under section 512(f) of the Copyright Act – 1- Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability 2- Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

CONTACT INFORMATION

Questions or inquiries about these Terms of Service; to report a violation of use, or misuse, unauthorized use or commercial use and all other matters should be sent to:

Love Is All Around LLC, 1078 Piedmont Ave NE #206 Atlanta, GA. 30309 or love@loveisallaroundme.com.