Lovevery® Mobile Application End User License Agreement
This Mobile Application End User License Agreement (this “Agreement”) is a legally binding agreement between you (“You” or “Your”) and Lovevery, Inc., a Delaware corporation with its principal place of business in Boise, Idaho (“Lovevery”, “We”, “Our”, or “Us”), and governs Your access and use of the Lovevery® mobile application, any related web presence, updates, documentation, and all content and services provided or viewed by or through that mobile application (collectively, the “Application”). The Application is licensed, not sold, to You. Lovevery and its licensors retain all rights, title, and interests in and to the Application. You may find out more about the Application, including FAQs and other materials, at www.lovevery.com/pages/help.
BY CLICKING “CREATE ACCOUNT” OR REGISTERING FOR, ACCESSING, STREAMING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT; AND (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS OF THIS AGREEMENT AND/OR IF YOU ARE YOUNGER THAN 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO ACCESS, STREAM, DOWNLOAD, INSTALL, OR OTHERWISE USE THE APPLICATION, AND YOU MUST IMMEDIATELY DELETE IT FROM YOUR MOBILE DEVICE.
Your Responsibilities. You are solely responsible for: (a) Your use of the Application, including all of its features and functionality; (b) any content, data, or information You generate, provide, or utilize via the Application, including personally identifiable information about Yourself, Your children or wards, or any of Your other family members (“Your Content”); and (c) any consequences of or associated with any of the foregoing. Do not copy, upload, or share content unless You are confident You have the necessary rights to do so. Lovevery is not responsible for the conduct of, or content (including Your Content) provided by, You or of any other user of the Application.
Payment. If You have subscribed to, or otherwise agreed to pay for access to or use of, any of Our products or services, You are solely responsible for making such payment in a timely fashion and keeping Your payment information, such as Your credit card number, up to date and accurate on Our website or in the Application. Failure to make timely payments will result in (a) immediate revocation of the License provided in Section 2(a) below and (b) loss of access to any products or services We provide to You in exchange for payment.
- Limited License to You.
b. Deletion of Data. Notwithstanding Section 5(a) above, Lovevery is not responsible or otherwise liable for the loss of, deletion of, unauthorized access to, or the failure to store or otherwise protect any content, data, or information, including Your Content. You are encouraged to keep an alternative backup copy of any such content, data, or information, including Your Content, if retaining a copy is important to You.
b. Effect of Termination. Upon Termination of the License for any reason, (i) all rights granted to You under this Agreement will immediately terminate, (ii) You shall immediately stop accessing or otherwise using the Application and delete the Application from Your Mobile Device, and (iii) the terms of this Agreement shall continue to apply to Your use of the Application occurring prior to the termination of the License.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOVEVERY, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, INJURY, DEATH, OR DISABILITY OF ANY PERSON, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED INFORMATION, CONTENT, OR MATERIALS, INCLUDING YOUR CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF LOVEVERY WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; OR (ii) MONEY DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED INFORMATION, CONTENT OR MATERIALS, IN A TOTAL AMOUNT GREATER THAN $10.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO LOVEVERY IN THE 90 DAYS PRECEDING YOUR CLAIM, WHICHEVER IS GREATER.
c. No Medical Advice; Safety and Supervision. THE APPLICATION AND YOUR CONTENT ARE FOR YOUR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT USE ONLY. NOTHING CONTAINED IN THE APPLICATION OR YOUR CONTENT IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL, OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, AND YOU AGREE NOT TO USE THE APPLICATION OR YOUR CONTENT FOR SUCH PURPOSES. THERE IS NO DOCTOR-PATIENT, THERAPIST-CLIENT, OR OTHER SUCH PROFESSIONAL RELATIONSHIP CREATED BY THE APPLICATION OR YOUR USE OF THE APPLICATION. IF YOU HAVE ANY CONCERNS ABOUT YOUR PERSONAL HEALTH OR THE HEALTH OF YOUR CHILDREN, WARDS, OR OTHER FAMILY MEMBERS, YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER. YOU ARE ALSO SOLELY RESPONSIBLE FOR ACTIVELY SUPERVISING, OR PROVIDING ADEQUATE, ACTIVE ADULT SUPERVISION OF, YOUR MINOR CHILDREN AT ALL TIMES WHEN THEY ARE USING OUR PRODUCTS OR PERFORMING ANY OF THE ACTIVITIES DEPICTED OR DESCRIBED IN THE APPLICATION OR YOUR CONTENT.
13. Indemnification. You hereby agree that You (a) will indemnify, defend (at Lovevery’s sole option) and hold harmless, and (b) hereby release and hold harmless, Lovevery, its licensors, and its and their respective officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, obligations, costs, and/or expenses (including reasonable legal fees) resulting from or arising out of Your: (i) use or misuse of the Application; (ii) use or misuse of any related content, data, information, or materials, including, without limitation, Your Content; (iii) related activities; or (iv) violation of this Agreement. Lovevery will not represent You in any dispute or arising out of the use of this Application. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses. Furthermore, Lovevery assumes no responsibility for the content You submit or make available through or utilizing the Application, including, without limitation, Your Content.
c. Amendments. Lovevery may amend this Agreement at any time by posting an updated copy of this Agreement on its website, currently located at https://www.lovevery.com/pages/mobile-eula, on the Application, or by providing notice to You in any other way. Those amendments will be effective upon notice to You or by Your continued used of the Application. Lovevery will not be bound by any amendment to this Agreement unless that amendment is in writing and has been signed by an authorized officer of Lovevery.
d. No Waiver. No failure by Lovevery to exercise, or delay by Lovevery in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Lovevery of any right or power hereunder preclude further exercise of that or any other right hereunder.