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Terms of Use and Privacy Policy
LoveUbecause.com is wholly owned by AniPix Visual Communications Inc. For the purposes of this Terms Of Use document LoveUbecause.com and AniPix Visual Communications Inc. hereinafter will collectively be referred to as: “the Company”.
For the purposes of this Terms Of Use document “you” shall mean visitors to this web site and the users of the services provided by the company, whether that user is a person, corporation or any other entity.
The Company offers the Service of an Internet, web published blog. This website and blog is provided to you for entertainment purposes only. Any statement/s made by the Company, columists or contributors to this web site and/or blog should be regarded as being solely for entertainment purposes and is/are not intended to be interpreted or taken as specific, or professional advice, or counseling of any kind.
1. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS
Each time you use or cause access to this web site, you agree to be bound by these Terms Of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms Of Use. Please see our Privacy Policy, which is incorporated into these Terms Of Use by reference.
2. OUR SERVICE
Our web site and services provided to you on and through our web site on an “AS IS” basis. You agree that the Company exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for The Company to provide the Service. You also understand and agree that the Service may include certain communications from The Company, such as service announcements, administrative messages, and advertising partner messages.
3. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use this web site, you represent that you are at least 13 years of age. In the event your are required to register for any service provided by the Company you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. PRIVACY POLICY
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
The Company may internally use personally identifiable information of our users to improve our marketing efforts, to statistically analyze site usage, to improve our Content and product offerings as well as to customize our site’s Content and layout. We believe these uses allow us to improve our site and better tailor your online experience to meet your needs.
5. REGISTRATION AND PASSWORD
In the event you register for any service provided by the Company you are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to (a) immediately notify The Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company shall not be liable for any loss or damage arising from your failure to comply with this Section 5, including, but not limited to, any unauthorized use.
6. YOUR CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinbefore and after the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not The Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an official of The Company, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. “stalk” or otherwise harass another; or
k. Collect or store personal data about other users.
l. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the The Company.
m. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to The Company by our users or third parties.
n. You will not transmit any chain letters or junk email to other registered members of The Company. Although The Company cannot monitor the conduct of its members, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
You acknowledge that The Company may not pre-screen Content, but that The Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse to publish or remove any Content that is available via the Service. Without limiting the foregoing, The Company and its designees, in their sole discretion, shall have the right to remove any Content that violates any provision of the Terms of Use.
7. SUBMISSION OF CONTENT ON THIS WEB SITE
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
8. ACKNOWLEDGEMENT OF RISK
You agree that you have evaluated the risks of using the Service, including, but not limited to, misuse of your information by third parties, damage to your computer or system through the use of the Service and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. As a result, you agree to assume all risks associated with the use of any Content. In this regard, you acknowledge that you may not rely on any Content created by The Company.
You acknowledge, consent and agree that The Company may access, preserve, and disclose your account information and Content if required to do so by law or The Company reasonably believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The Company, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by The Company and/or Content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
9. THIRD PARTY SERVICES
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
10. INTERNATIONAL USE
You acknowledge the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.
11. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Company has no control over such sites and resources, you acknowledge and agree that The Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except for that information which is in the public domain, or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
13. INDEMNIFICATION
You agree to indemnify and hold The Company, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders harmless from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or Service, your provision of Content, your violation of this Terms Of Use or any other violation of the rights of another person or party.
14. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. The company makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from the company or through or from the Service shall create any warranty not expressly stated in the terms of use.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
We make no warranty, implied or express, that any part of the Service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any Content is safe in any manner for download. You understand and agree that neither us nor any participant in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
15. LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable for any direct, indirect, special, indicental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the Service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the Service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the Service, or (v) any other matter relating to the Service.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
16. RESERVATION OF RIGHTS
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its Content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or Service without our prior written consent.
17. COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use”. Without limiting the foregoing, if you believe that your work has been copied and posted on www.loveUbecause.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. Please notify us at info@LoveUbecause.com
18. APPLICABLE LAW
You agree that this Terms Of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with laws of the Province of Ontario, without regard to its conflict of law provisions. By registering or using this web site and Service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
19. MISCELLANEOUS INFORMATION
a. In the event that this Terms Of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms Of Use will remain valid and intact;
b. The failure of either party to assert any right under this Terms Of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
c. You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
d. We may assign our rights and obligations under this Terms Of Use and we shall be relieved of any further obligation.
PRIVACY POLICY
LoveUbecause.com is wholly owned by AniPix Visual Communications Inc. For the purposes of this Privacy Policy document LoveUbecause.com and AniPix Visual Communications Inc. hereinafter will collectively be referred to as: “The Company”.
For the purposes of this Privacy Policy document “you” shall mean the user of the services provided by the company, whether that user is a person, corporation or any other entity.
1. INFORMATION COLLECTION AND USE
The Company is the sole owners of the information collected on this site. The Company will not sell, share, or rent this information to others in ways that differ from what is disclosed in this Privacy Policy document. The Company may collects information from our users at several different locations on the website.
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze Site usage, to improve our content and product offerings, and to customize the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
You agree that we may also use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the Terms of Use and Privacy Policy, you expressly agree to receive this information.
2. OUR DISCLOSURE OF YOUR INFORMATION
As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.
We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, and financial information are not disclosed to these third parties in a personally identifiable manner without your explicit consent.
3. REGISTRATION
In order to place a posting or comment on this website, a user may be required to first register and/or setup an account with a user name and password. During registration a user may be required to give their contact information . We display the user’s user name, Avatar, is so provided and a link to the user’s web site, if so provided with the posting , or comment. We do not display an owner’s email address or name, unless the users has provided his or her real name as their user name.
4. CONTROL OF YOUR PASSWORD
Should you be required to register from any service on this web site provided by the Company you are responsible for all actions taken with your User ID and password. Therefore, we do not recommend that you disclose your LoveUbecause.com password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party’s privacy policy before doing so. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.
5. ORDER
We may collect financial information when orders are placed for merchandise, provided for sale by the Company through this web site. Here a user must provide contact information (like name and billing address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders; it is not used for any other purpose. If we have trouble processing an order, this contact information is used to get in touch with the user.
6. COOKIES
In order to streamline the functionality this web site , The Company may use “cookies” to track your visit, or to help customize your subsequent visits to this web site with information and preferences that you have previously submitted through online forms.
We may also use this information to understand how our site and services are being used, so we can better serve our visitors and offer appropriate products and services.
Browsers are usually initially set to accept cookies. You can set your browser to alert you when you receive a cookie, at which time you can decide whether or not to accept it. In some cases when a user chooses not to accept cookies some pages on a web site may become inaccessible.
The Company reserves the right to provide demographic (not individual) data provided by you and other site usage statistics to advertisers and other trusted third parties. Such information would be an aggregate of collected data and information (not individual) and will not intentionally contain details to identify you on an individual basis.
Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
7. LOG FILES
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.
8. LINKS
This web site contains links to other sites. Please be aware that we, THE COMPANY, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
9. SECURITY
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We do not save your credit card information online on our server. Should you be required to register for a service provided by the Company on this web site, your personal information is password protected by your User ID and password. This web site contains links to other sites. Please be aware that the Company is not responsible for the security practices of such other sites.
When our registration/order form asks users to enter sensitive financial information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL.
10. SITE AND SERVICE UPDATES
We also may send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
11. CORRECTION/UPDATING PERSONAL INFORMATION
If a user’s personally identifiable information changes (such as your phone number or zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the member information page or by emailing our Customer Support. User’s can update their information by emailing info@LoveUbecause.com.
12. NOTIFICATION OF CHANGES
The Company reserves the right to change or amend this Privacy Policy. If The Company decides to change or amend this Prvacy Policy, The Company will post those changes and/or amendments on this web site. If at any point The Company decides to use personally identifiable information in a manner different from that stated at the time it was collected, The Company will notify you by way of an email. You will have a choice as to whether or not The Company may use your information in this different manner. If you do not agree to the change in usage as described by the changed and/or amended Privacy Policy, The Company will continue to only use the information in accordance with the Privacy Policy under which the information was originally collected.
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