LOSTMYLOVEY.COM USER AGREEMENT
By using any of the Services, you agree to the following TOU with LML, the Privacy Agreement and the general principles for this website (this "Website") and the related Services, as any of the foregoing may be amended from time to time. If you have any questions, please refer to our Frequently Asked Questions
This User Agreement (this "Agreement") is effective upon acceptance for new users.
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
LML reserves the right to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting on this Website thereof. You can find the most recent version of this Agreement at:
If you do not agree with any of the modifications, your only recourse is to immediately cease using your membership. If you continue to use your membership, you will be deemed to have accepted any modifications to this Agreement.
You understand that all usernames, screen names, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from this Website, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Services. You understand that LML does not control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of and exposure to any Content, that you may not rely on said Content, and that under no circumstances will LML be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of and exposure to any Content posted, private messaged, emailed or otherwise made available via the Services. You acknowledge that LML does not pre-screen or approve Content, but that LML shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Services, for violating the letter or spirit of this Agreement or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
This Website and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LML, including websites, products, services, directories, servers, networks, systems, information and databases, advertisements, applications, software, programs, products or services, and the Internet as a whole. LML may elect to display Google AdSense ads on this Website; LML has no control over the content of these ads and disclaims any and all responsibility and/or liability for the content and/or third-party websites to which they link.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that LML shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Furthermore, this Website and Content available through the Services may contain links to other websites, which are completely independent of LML. LML makes no representations or warranty as to the information, products or services contained in any such website and disclaims any and all responsibility and/or liability therefore. Additionally, LML bears no responsibility for what other websites do with information with which you provide them. Your linking to any other websites is at your own risk.
If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that LML is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party of which you became aware as a result of this Website, the Services or the Content, you hereby release LML, its officers, directors, managers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a resident of a state which does not provide for general releases for creditors, you hereby waive any such prohibitions against general releases.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
, or by using our contact form and selecting "Report Abuse" as the subject.
Please provide our Agent with the following notice ("Notice"):
a) Identify the material on the LostMyLovey site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
If it is determined that an infringement has occurred, LML will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy;
b) that is pornographic, obscene or depicts a human being engaged in sexual conduct of any kind;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, an LML employee, director, manager, officer or agent or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to LML users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
j) that includes links to commercial services or websites, except for the sole purpose of responding to a direct request posted in the Replacements Wanted section of this Website;
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
l) 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;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful or harassing purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by LML;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) post the same item or service in more than one category, or in more than one metropolitan area;
u) attempt to gain unauthorized access to LML's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or this Website; or
v) use any form of automated device or computer program that enables the submission of postings on this Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third party agent, service, or intermediary that offers to post Content to the Services on behalf of others. To moderate demands on LML's resources, you may not use a Posting Agent to post Content to the Services without express permission or license from LML. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from LML.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to LML email addresses, to LML members, or through LML computer systems, which is expressly prohibited by this Agreement, will use or cause to be used servers located in California and/or Minnesota. Any unauthorized use of LML computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
11. LIMITATIONS ON SERVICES
You acknowledge that LML may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that LML has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that LML reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that LML shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
12. ACCESS TO THE SERVICES
LML grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. This license does not include:
(a) access to the Services by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by LML.
A limited exception to (b) is provided to General Purpose Internet Search Engines (as hereinafter defined) and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
"General Purpose Internet Search Engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
LML permits you to display on your website, or create a hyperlink on your website to, individual postings on the Website so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of this Agreement, absent express written permission granted by LML to do so. You may also create a hyperlink to the home page of LML sites so long as the link does not portray LML, its employees, officers, directors, managers, agents or affiliates in a false, misleading, derogatory, or otherwise offensive matter. Further, no content of this Website or any of the LML Services may be displayed on your website, without LML's express written permission.
It is your responsibility to keep your contact information current. If your information is not current with LML or you are not responsive to attempts to contact you regarding a found item, such item will be disposed of after ninety (90) days.
13. TERMINATION OF SERVICE
You agree that LML, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if LML believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that LML shall not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Sections 2, 4, 6., 10-16, 14-17, and 23 shall survive termination of this Agreement.
14. PROPRIETARY RIGHTS
The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LML.
You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of LML, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
LostMyLovey and the LostMyLovey bunny image and logo are registered marks in the U.S. Patent and Trademark Office. The LostMyLovey ID Tag is trademarked. These trademarks and service marks may not be used by any party other than Oliver Site Design, LLC without express written consent.
Although LML does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to LML an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant LML all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LML DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LML DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR THROUGH SERVICES, OR ACCESSED THROUGH ANY LINKS ON OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LML DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, BUT ALL OTHER DISCLAIMERS ALLOWED DO APPLY TO YOU.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LML BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION THE ID TAGS, ERRORS ON THIS WEBSITE, CONTENT POSTED ON THIS WEBSITE, AND VIRUSES ON THIS WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE TAGS, FROM INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON OR THROUGH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH, ON OR THROUGH THE SERVICES OR ANY LINKS ON OR THROUGH THE SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you, BUT ALL OTHER LIMITATIONS OF LIABILITY AS MAY APPLY TO YOU DO APPLY TO YOU.
18. ID TAGS
You agree that the elastic-band version ID Tags are intended to be attached to your item with the small elastic band provided with the ID Tag. You agree that the ribbon-style version of the ID Tags are to be sewn to the blanket or other item in accordance with our sewing instructions
, sewing securely and completely, all the way around the perimeter of the tag. By purchasing the ID Tag of either type, you agree that you are responsible for keeping the ID Tag securely attached to your item at all times. A safety pin does not consitute secure attachment. LML disclaims any and all responsibility for ID Tags which are not used as intended, and which are not securely attached to their items by the purchaser.
19. GENERAL INFORMATION
Emails and private messages will be deemed received twenty-four (24) hours after being sent.
with the words "Disabled Access" in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement.
LML can't promise that the changes you suggest will be made, but LML can assure you that your input is taken seriously and will consider it as LML evaluates ways to accommodate all of LML Users and our overall accessibility policies.
21. TREATMENT OF SALES TAX
LML is required by law to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax and in which LML has a physical location. LML's office location is in the state of Texas.
22. PRODUCT ORDERS
While LML will use our best efforts to fulfill all orders, LML cannot guarantee the availability of any particular product displayed on this Website. LML reserves the right to discontinue the sale of any product listed on this Website at any time without notice.
Product prices offered on this site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Website, LML does not guarantee that any Content is accurate or complete, including price information and product specifications. If LML discovers price errors, they will be corrected on our systems, and the corrected price will apply to your order. LML reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
For further information about purchasing products from LML, please read our FAQ
23. ORDER ACCEPTANCE
Please note that there may be certain orders that LML is unable to accept and must cancel. LML reserves the right, at LML's sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by with respect to credit and fraud avoidance. LML may also require additional verifications or information before accepting any order. LML will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, LML will issue a credit to your credit card in the amount of the charge, in the form of a PayPal refund.
24. VIOLATION OF TERMS
Please report any violations of this Agreement, by using our contact form and selecting "Report Abuse" as the subject.
LML's failure to act with respect to a breach by you or others does not waive LML's right to act with respect to subsequent or similar breaches.
You understand and agree that if LML has to pursue legal action to enforce this Agreement, you will be liable for all damages incurred by LML, including expenses, reasonable court costs and attorneys' fees. Notwithstanding any other provision of this Agreement, LML retains the right to seek the remedy of specific performance of any term contained in this Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
We welcome your questions and comments on this document. You may submit your feedback using our contact form and selecting "Feedback- Website" as the subject.