Terms & Use
Access and Use of The Sites
Access to certain portions of our Sites is restricted to registered Users with an account on the Sites (“Account”). You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as other personally identifiable information (“Personal Data”). Your Personal Data is associated with your Account. By providing such information, you acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions related to the Sites and their operation, including without limitation purchases and/or registration for products and/or services on the Sites. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Sites and/or through your Account.
Registration and Security.
You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create your Account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the services or Sites through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access any of the Sites on any public computer. We also recommend that you do not store your password through your web browser or other software.
Limitations on Use.
These Sites may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Sites and the Sites’ content. We own the content on all of our Sites. It is copyrighted in the Organization’s name. Unless you have our written consent to do so, you agree to not to (1) use the Sites’ content for commercial purposes, including selling or licensing printed or digital versions of our content, or non-commercial purposes; and (2) alter, transform, or build upon this work. Furthermore, you agree that you will not do any of the following while using or accessing the Sites:
upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
use the Sites to collect or store personal data about other Users without their express permission;
knowingly include or use any false or inaccurate information in any Account/profile;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Sites, or interfere with the access of any other User to the Sites;
circumvent, disable, or otherwise interfere with security-related features on the Sites or features that prevent or restrict use or copying of any content;
attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Sites;
attack the Sites via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Sites;
transmit or upload any material to the Sites that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Sites;
use the Sites in any way that competes with us; or
encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Sites. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITES, OR TO RETAIN THE CONTENT ON THE SITES, UNLESS OTHERWISE AGREED.
While we make substantial effort to digitally tag and track your donation and implement your donation on behalf of those you intend to serve, Organization leadership, with significant oversight of its board of directors, hereby reserves the right to use your donation where most needed, as programmatic timing and capabilities change according to unpredictable outside forces. By donating, you expressly give the Organization this authority regarding your donation.
You may delete your Account at any time by emailing us at [EMAIL ADDRESS]. At deletion, your Account will be inactivated and you will no longer be able to log into your Account.
Links to Third-Party Websites
The Sites may contain links to other websites on the Internet, which are not maintained by us. When you leave our Sites, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we are not responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we are not responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
From time to time, our Sites may include featured product or service giveaways. In order to enter for a chance to win in these giveaways, Users may submit to us their email address. In some cases, Users may share a link to our Sites with others.
Reliance on Information Posted
We reserve the right to modify the Sites in our sole discretion and without notice. We will not be liable if, for any reason, any part of the Sites, or the entirety of the Sites, is unavailable for any period of time. Periodically, we may restrict access to portions of the Sites, or the entirety of the Sites. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within the Sites. The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Sites’ materials by you or any other User of our Sites, or by anyone who may be informed of any of our Sites’ contents.
Exiting Our Sites
You agree to sign out of your Account, each time you prepare to leave our Sites.
Conduct and Behavior
You are solely responsible for all of your activity while using the Sites.
You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
You will not use, choose, or otherwise select a username that is subject to the rights of another party, without that party’s express authorization.
You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on our Sites and with representatives of the Organization. You agree to maintain a courteous and professional rapport with other Users and Organization representatives, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of the Sites.
You can submit feedback to us via our “Contact Us” webpage found at [WEBPAGE]. For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Organization via our Sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted, or offered in connection with your use of our Sites (collectively, “User Submissions”) you grant the Organization a royalty-free, irrevocable, transferable right and license to use the User Submissions however the Organization desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.
The Organization will be entitled to use, reproduce, disclose, modify, adapt, create derivate works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you. The Organization is and shall be under no obligation (1) to maintain any User submissions in confidence; (2) to pay to user any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to the Organization will not violate the terms of any rights of any third party, including without limitation, copyright, trademark, privacy, or other personal proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to the Organization will be libelous or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
Our Sites, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, the Organization owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Sites’ database(s), as part of our Sites. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of our Sites’ content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Sites without our prior, express, and written permission.
Users may not violate the intellectual property rights of others, including but not limited to, using our Sites to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a user of our Sites, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable national intellectual or local property laws. If you believe that a User of the Sites is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO LOVETALKS BABY, IMMEDIATELY, in accordance with our DMCA Policy, outlined here: [url/web address].
Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
Your Responsibility. When you post or otherwise submit information to our Sites, you represent and warrant that you have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that you will not post any information to our Sites, in any format, including but not limited to text, image, video, or audio, that you do not own.
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, OR OTHERWISE PUT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DOCUMENT, IMAGE, VIDEO, OR CONTENT ONTO OUR SITES (“User-Submitted Content”) THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless the LoveTalks Baby, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding your User-Submitted Content and a third party’s proprietary or intellectual property rights.
A User May Not: (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other content contained on the Sites in any form without prior written consent; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, distribute, or reproduce any aspect of the Sites or the information contained therein; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any products, product designs, or services featured on the Sites; or (e) reverse engineer, disassemble, decompile, decode, or adapt any products, product designs, or services featured on the Sites.
User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into the Sites.
Disclaimer of Warranties
THE SITES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE PREEMPTIVE LOVE COALITION, TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITES OR INFORMATION FOUND ON OUR SITES. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OR ON OUR SITES. WE DO NOT WARRANT THAT OUR SITES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from the Sites to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Sites or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LOVETALKS BABY, TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITES.
You acknowledge that you are responsible for any actions you take while on our Sites. You recognize that your use of our Sites and any subsequent actions arising from your use of our Sites are taken solely at your own risk.
IN NO EVENT WILL LOVETALKS BABY, OUR COMPANIES, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless LoveTalks Baby, our companies, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
your access to or use of our Sites, including but not limited to its services and its content;
any activity related to your account by you or any other person accessing our Sites through your account, including, without limitation, negligent or wrongful conduct; or
your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Our Compliance with COPPA
Moreover, if you are under 18 years of age, you should not provide any personally identifiable information on our Sites without the knowledge and permission of your parent or guardian.
Governing Law and Venue
Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
Website link: [INSERT WEBSITE]
Email Address: [INSERT EMAIL]
Attention: Website Inquiry
16810 NE 40th Ave
Vancouver, WA 98686