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.
a. License Grant. Subject to Your ongoing compliance with all of the terms of this Agreement, Lovevery grants You a limited, non-exclusive, personal, non-transferable, revocable license (the “License”) to access, stream, download, and install the Application on a personal computing device or mobile phone that You own or control (a “Mobile Device”), and to use the Application, and its various features and functionality, solely as permitted and intended by the Application, and solely for Your personal, non-commercial use, as further outlined herein.
b. License Restrictions. As a condition to your rights under the License, which may be revoked at Lovevery’s sole discretion at any time and for any reason, You will not, and You will not permit or assist any other person or entity to:
i. copy the Application or related documentation, in whole or in part;
ii. modify, translate, adapt, or otherwise create derivative works or improvements of the Application;
iii. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application;
iv. transmit, access, or communicate any data or material (including, without limitation, Your Content) that infringes any patent, trademark, trade secret, copyright, publicity right, privacy right, or other proprietary right of Lovevery or any other person;
v. rent, lease, lend, use for timesharing, act as a service bureau, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application, including, without limitation, any content, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
vi. copy, modify, reverse engineer, decompile, disassemble, decode, decrypt, extract, or otherwise attempt to derive or gain access to all or any part of the source code of the Application and/or any content available through the Application;
vii. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
viii. use the Application or permit others to use the Application for the purpose of developing a product or service that competes with Lovevery;
ix. display the name, logo, trademark, or other identifier of any individual or entity in such a manner as to give the viewer the impression that such individual or entity is a publisher or distributor of the Application;
x. impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
xi. send, allow access to, or otherwise provide to anyone any obscene, pornographic, or other inappropriate content (including any such Third-Party Materials, as defined below), including, without limitation, as part of a Lovevery communication of any kind (e.g., a social media post or direct message);
xii. forge headers or otherwise manipulate or modify identifiers in order to disguise the origin of any transmissions;
xiii. transmit, access, view, or communicate any data that You do not have a right to transmit;
xiv. interfere with or disrupt any other person’s rightful use of the Application;
xv. violate local, state, national, or international law, rules, regulations, executive orders, or policies relating to the use of the Application;
xvi. transmit, access, or communicate any data that contains software viruses, malware, spyware, or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or tele-communications equipment; or
xvii. monitor traffic or make search requests in order to accumulate information about individual users.
c. You hereby acknowledge and agree that Lovevery reserves the right, but undertakes no obligation, to modify, delete, or remove any content (e.g., text, images, video), services, Third-Party Materials, or other materials provided or viewed by or through the Application, in Lovevery’s sole discretion and without notice to You.
4. License to Lovevery; Feedback.
a. License to Lovevery. You hereby freely and irrevocably grant to Lovevery, its affiliates, and their successor or assigns, a nonexclusive, fully paid-up, royalty-free, perpetual, irrevocable, unlimited, sublicensable, transferrable, worldwide right and license to, directly or indirectly, make, have made, copy, modify, create derivative works of, publicly display, perform, publish, use, or distribute any information, content (e.g., text, images, video), or other material (including, without limitation, Your Content) that You submit to Lovevery or otherwise provide or make accessible using the Application, and for Lovevery to authorize others to do any of the foregoing via a sublicense, subject only to the express limitations in this Agreement and in Lovevery’s Privacy Statement (the “Privacy Statement”). Without limiting the foregoing, You acknowledge and agree that Lovevery reserves the right, but undertakes no obligation, to modify, delete, or remove Your Content, in whole or in part, in Lovevery’s sole discretion and without notice to You, including, without limitation, for any violation of the restrictions of Your License (see Section 2(b) above).
b. Feedback. Any feedback, comments, proposed improvements or modifications, or other suggestions You may provide regarding the Application or any related matter are entirely voluntary. You hereby freely and irrevocably grant to Lovevery, its affiliates, and their successor or assigns, a nonexclusive, fully paid-up, royalty-free, perpetual, irrevocable, unlimited, sublicensable, transferrable, worldwide right and license to use such feedback, comments, proposed improvements or modifications, or other suggestions for any purpose Lovevery sees fit without any obligation or consideration to, or additional permission from, You.
5. Collection and Use of Your Information; Technical Information. Lovevery’s collection and use of content, data, and information You generate, upload, submit, or otherwise provide Us in connection with Your access, streaming, downloading, installing, posting, or any use of the Application, including Your Content, is described in the Privacy Statement. By clicking “Create Account” or registering for, accessing, streaming, downloading, installing, posting, or using in any way this Application, You consent to the terms of the Privacy Statement.
6. Retention Policy.
a. Retention of Data. Lovevery reserves the right, but undertakes no obligation, to retain indefinitely any content, data, and information You generate or otherwise make accessible in connection with the Application, including any of Your Content, in Lovevery’s sole discretion. Without limiting the foregoing, Lovevery also reserves the right, but undertakes no obligation, to delete such materials. Please note this voluntary retention policy is subject to change, without any notice to You, to accommodate Our current storage capacity and processing abilities.
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.
7. Geographic Restrictions. The Application is intended for use by persons only while located within the United States of America, Canada, and their respective territories and possessions (collectively, the “United States and Canada”). The Application may not comply with the laws of other countries or jurisdictions. If You access or use the Application while outside the United States and Canada, You are solely responsible for complying with all applicable local laws. Notwithstanding the foregoing, all of Your obligations under this Agreement shall apply even if and when You are located outside of the United States and Canada.
8. Updates. Lovevery may, but undertakes no obligation to, at any time add, remove, change, or modify features and/or functionality of the Application, including, without limitation, certain content, data, or information, including Your Content, through the use of upgrades, bug fixes, patches, and other updates (the “Updates”), without any notice to You. Based on Your Mobile Device settings, for any such Updates when Your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. If You do not promptly download and install all Updates, the Application may not operate properly and You may lose access to Application content, data, or information. For this reason, You agree that You will promptly download and install all available Updates and that all Updates will be subject to the terms and conditions of this Agreement.
9. Third-Party Materials. The Application may display, include, or make available third-party content (including, without limitation, images, data, information, applications, and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”), such as Twitter, Facebook, Instagram, or other social media sources. Lovevery is not responsible for any Third-Party Materials or their sources, including, without limitation, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. Lovevery does not assume and will not have any liability or responsibility to You or to any other person or entity for any Third-Party Materials. Third-Party Materials and any links to Third-Party Materials are provided solely as a convenience and courtesy to You and Your access and use of them is entirely at Your own risk and subject to the third parties’ applicable terms and conditions.
10. Term; Termination; Effect of Termination.
a. Term; Termination. The License described in Section (2)(a) above begins when You indicate Your agreement to the terms of this Agreement and download or install the Application, and will continue until it has terminated as follows:
i. The License will terminate immediately and automatically without any notice if You terminate this Agreement or otherwise attempt to revoke Your acceptance to this Agreement;
ii. Lovevery may terminate the License at any time without notice, for any reason or for no reason (including if You terminate Your Lovevery Play Kit subscription), in Lovevery’s sole discretion; or
iii. You may terminate the License at any time by uninstalling or deleting, and making no further use of, the Application.
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.
In addition, the other provisions of this Agreement, including Your obligations and Lovevery’s rights herein, will continue in full force and effect after the termination of the License. Without limiting the foregoing, termination of the License will not limit Lovevery’s rights or remedies at law or in equity or release You from any claim for breach of the License, liability, or other provision of this Agreement that arose before the termination of the License.
11. No Warranty; No Liability for Damages; No Medical Advice; Safety and Supervision.
a. No Warranty. THE APPLICATION AND ANY RELATED INFORMATION, CONTENT, OR MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND LOVEVERY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE SAME, INCLUDING, WITH RESPECT TO THE APPLICATION, THAT THE APPLICATION WILL BE COMPATIBLE OR OTHERWISE WORK WITH ANY DEVICE OR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OR IS FIT FOR A PARTICULAR PURPOSE, AND WITH RESPECT TO THE INFORMATION, CONTENT OR MATERIALS, INCLUDING THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, CONTENT OR MATERIALS. LOVEVERY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, EXPRESSLY DISCLAIMS THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALING, AND USAGE IN THE TRADE. THESE DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. LOVEVERY CANNOT AND DOES NOT WARRANT THAT THE APPLICATION AND RELATED SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
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.
12. Choice of Law; Venue; Injunctive Relief. This Agreement will be interpreted under, and any dispute arising out of this Agreement or the Application will be governed by, the laws of the State of Delaware, without reference to its or any other conflict of laws principles. For any legal suit, action, proceeding, or other matter arising out of or related to this Agreement or the Application, You hereby consent to the exclusive jurisdiction of and venue in the state and federal courts located in Boise, Idaho and Ada County, Idaho, and You agree not to assert, and You waive any right to assert, any claim against Lovevery in any other courts or jurisdictions throughout the world or any objection to the exercise of jurisdiction over You by such courts and to such venue. Any dispute will be limited to the dispute between Lovevery and You individually. To the full extent permitted by applicable law, no legal proceeding may be joined with any other person or entity or decided on a class-action basis. Your breach or threatened breach of this Agreement would cause irreparable injury to Lovevery for which money damages alone would be an inadequate remedy. Therefore, Lovevery is, in addition to its remedies at law, entitled to seek a temporary or permanent injunctive or other equitable relief against You, without the posting of any bond or other security.
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.
a. Severability. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement will not be affected thereby.
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.