LOVE THE LIFE LTD
Terms and Conditions
1 Introduction
Lovethelife.co.uk.,and it's associated sites, Lovethelife-remembered.com, Lovethelife-baby.com, Lovethelife-gapper.com, lovethelife.uk.com, lovethelife.net, lovethelife-traveller.com, lovethelife-wedding.com are operated by Love the Life Ltd.
Love the Life Ltd (the "Company") is incorporated in England with registration number 5445560 and we can be contacted by email or post at the following addresses;
Love the Life Ltd
Broad Dale
1B Salisbury Road
Dronfield
Derbyshire
S18 1UF
info@lovethelife.co.uk
The following Terms and Conditions set out the agreement between the customer and the Company and within this the terms of use, the customers' rights and obligations. It also sets out the terms of use for visitors to and users of the site who are not customers of the Company.
By registering and creating an event website you will become a customer and as such enter into a contract with the Company under these Terms and Conditions. If you are a visitor to the site, to view or add material to an event website, then in doing so you are accepting these Terms and Conditions.
By using this website you expressly agree that such use is at your own risk:
The Company endeavours to provide a service of the highest quality, but cannot guarantee that our service will be uninterrupted or error-free.
THE COMPANY PROVIDES THIS WEBSITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ITS OPERATION, CONTENTS, PRODUCTS OR SERVICES.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS WEBSITE IS ACCURATE, CURRENT OR COMPLETE, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY THE APPLICATION LAW.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGES DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THIS WEBSITE YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIS WEBSITE. IN THE EVENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID THE COMPANY FOR ANY GOODS OR SERVICES PURCHASED FROM THIS WEBSITE.
Any hypertext links to other websites are provided for convenience only, and the Company assumes no reasonability or liability whatsoever for the contents of those other websites linked to, or any products or services advertised or sold on those websites.
2 Description of Service
The Company is an internet based celebration of life service. It can be accessed via the domain names given in clause 1. It consists of the hosting and operation of event websites that are created by customers using the Love the Life website template. It's purpose is for the creation, keeping and sharing of images and words in celebration of a person's life or significant events within a person's life.
The Company agrees to provide to the Customer the Services more particularly described on the home page and within the frequently asked questions page1 (“Services”) on the terms described in this Agreement. Nothing under this Agreement shall affect the Customer’s statutory rights in particular but without limitation those under the Customer Credit Act 1974 or the Data Protection Act 1998.
3 Fees
The Customer agrees to pay to the Company the fees specified in the FAQ’s for the Services ("the Fees"). Fees are due as specified in clause [13] Payment _ unless otherwise provided [above]. Any additional fees shall be invoiced [on a monthly basis and shall be paid [within [30] days after the date of invoice].
4 Taxes
4.1 All payments due under this Agreement are net of applicable taxes.
4.2 All payments under this Agreement are inclusive of VAT, which shall be payable by the Customer at the rate and in the same manner for the time being prescribed by law.
5 Term
This agreement shall be effective commencing on the date stated at the time of purchase for the period specified in the confirmation of sale subject to earlier termination as set out in this clause unless and until either party gives to the other not less than [30] days notice in writing. Either party may terminate this Agreement without notice upon the other party's breach of any term, condition or obligation under this Agreement if such breach is not remedied (if remediable) (i) within 10 days from the date of written notice with regard of any monetary obligation, and (ii) within 30 days from the date of written notice with regard to any other breach.
6 Customers Use of Service
We will allow customers, and visitors, to populate websites that we provide with photographs, video and audio footage and text. Any content added by customers or visitors must not be illegal, defamatory, obscene, threatening or racist.
Customers are responsible for any content that they transmit through or post on our website. Content includes images, video, words, sound, software, data files and other communication media.
The content of your website, including that added by visitors to your site, is solely your responsibility. We do not monitor any material prior to its placement on the site and whilst we will undertake periodic spot checks on content we do not accept any responsibility for the nature of any content.
We will not be liable for any content posted by customers, visitors or other third parties to the Love the Life website. We do not endorse any of the content or accept responsibility for any content.
We do not guarantee the accuracy, quality or suitability of any content posted on the website by customers, visitors or other third parties.
Customers and other users of our service must be internet enabled and have the necessary skills and software required to use the Love the Life service.
.7 Users Code of Conduct
Customers and other users of the site agree to respect the Love the Life Code of Conduct shown below when using the site users will;
Comply with all United Kingdom and European law regarding transmission of electronic data.Not transmit post or communicate via the website any data that is defamatory, obscene, pornographic, libellous, racist, discriminatory, vulgar, objectionable, misleading or otherwise illegal.Not transmit post or communicate via the website any content that is the intellectual property of any person or entity.Not transmit post or communicate any information that is confidential to an individual or entity.Not impersonate any other person.Not use the website for carrying out business activity or any other commercial gain.Not use the website for promotional purposes, including advertising, junk mail and spam.Not interfere with or disrupt this service or any systems or services connected to it.Not use the service for illegal purposes.60;Not transmit content containing viruses or that is likely to be damaging.
8 Disclaimer Regarding Customer Behaviour
The Company in providing this service is not and cannot be held responsible for the activities of it's customers and other users when using the site. The purpose of the site is to provide internet operations and hosting for the activities described in 1
9 Right to Remove Material
We reserve the right, at our discretion, to remove any content and immediately terminate any website if we consider that the content or use of the site does not meet the requirements specified in the Love the Life Code of Conduct as described in clause 4
10 Disclaimer Regarding Truth and Accuracy
The Company will not be held responsible for the truth or accuracy of any information, date or images held on customer sites or sites of third parties linked to or associated with the Company.
11 Disclaimer Regarding Copyright of Content.
The Company will not be held responsible for breach of copyright, trademark or other intellectual property legislation arising from content posted on or transmitted via a Love the Life website or the sites of third parties linked to or associated with the Company.
12 Privacy Policy
The Privacy Policy of the Companys can be viewed on the Company's website. It forms part of this agreement and by becoming a customer or user of the Company you agree to the Company using your information in accordance with the terms given in the Privacy Policy.
In any respect we guarantee that we will;
Never divulge your information to any other person or entity unless required by law to do so.Never send you promotional, commercial or otherwise intrusive emails except where it relates to the efficient and effective use of our service.13 Payment
The Company's price list and other associated charges can be viewed on the Company's websites. Prices will vary according to the service being purchased and may, from time to time, be free of charge.
Prices will be periodically reviewed and we reserve the right to modify our prices or method of calculation. We will notify monthly subscribers by email giving at least one month's notice.
Free trials may be offered on selected services. In such instances this will be for new Love the Life customers unless agreed by us that the offer will be open to existing customers. For a customer to take a free trial, he or she must provide a billing address and details of a valid credit card. No charges will be made against the card if the service is cancelled before the end of the free trial period.
Payment can be made in a number of ways, depending on the service that is purchased;
By a one off payment that covers an agreed period for the celebration website to remain active. Periods will vary depending on the service, but will be clearly communicated at the time of purchase. In such a transaction, the payment takes effect immediately and is non-refundable provided that the service provided meets the criteria given in these Terms and Conditions.
By monthly subscription. An agreed amount, depending on the chosen service, will be billed to your credit card on a monthly basis. In such an instance we will continue to bill your credit card each month. This will continue until such time as you cancel your requirement for the service. This can be done at any time,
By purchasing a Love the Life gift pack. This will be a one-off payment that will entitle customers or recipients of the gift pack to the services identified on the gift pack. For such a transaction, payment is made immediately by cash or credit/debit card to the Company. The payment is non-refundable provided that the service provided meets the criteria given in these Terms and Conditions. The Love the Life gift pack services becomes live once the customer registers on the site using the unique personal identification number that will be provided as part of the gift pack.
By purchasing a Love the Life celebration site via an associate. In such case the purchase will be subject to the Terms and Conditions of the Love the Life associate.
14 Continuity of Service
Depending on the chosen service and method of payment there will be occasions when customers will need to decide whether or not to keep a celebration website active:
At the end of a free trial period. In such an instance it is the customers responsibility to cancel subscription to the site if he or she does not wish to pay for continuation of service.After a limited period. For example the Lovethelife-remembered memorial sites are initially for a period of three months and then a further twelve months and then customers can choose to keep the site active for subsequent twelve month periods. Customers will be notified of their options at least seven days before the period ends. If no instruction is received from the customer then the site will become inactive one week after the period ends. The site will be held dormant on the Love the Life server for a period of 30 days after the period ends. It may be possible to activate the site after this period.When the chosen service is the forerunner to another Love the Life service. For example Lovethelife-baby runs for a period covering pregnancy to the baby's first year and is the forerunner to Lovethelife-toddler which runs from the age of one to three years. In such an instance customers will be notified of their options at least four weeks prior to the period end of such period.15 Inaccessibility of Service
We will not be held responsible for any interruption to, or inaccessibility to our services brought about by a technical failure at the Company, it's partners or the Internet in general.
We will not be held responsible for any problems in accessing our services due to any inadequacy in our customers or users skills and expertise, their inability to access the Internet or inadequate computer hardware, software or Internet access.
16 Right to Change Service
The Company reserves the right to modify or withdraw its service. In such an instance customers will have no recourse unless they have paid in advance for a period of active site. If so, he or she shall be reimbursed such part or all of the amount paid as the Company shall agree.
17 Right to Change Agreement
The Company will from time to time update these Terms and Conditions. We reserve the right to do so freely and without notice to customers and other users who will be bound by the most recently published Terms and Conditions available on the Love the Life website.
For the most part changes will be minor. Where we consider a change to be significant or major we will notify existing customers by email.
18 Account Security
Every registered customer of the Company will be provided with secure access for the administration of their website. Site security remains the responsibility of the customer.
In addition customers may choose to limit access to their site to nominated individuals. In such an instance customers will be provided with the facility for secure viewing access for nominated people and again responsibility for site security remains with the customer and nominated users.
19 Website Management
Each Love the Life celebration website has a standard storage space of 40 mb and users have flexibility on the mix between photographic and video footage.
The Company accepts no responsibility for the loss, corruption or long term storage, (except as described in Section 18), of site content arising from uploading, hosting or deliberate action.
20 Celebration CD
An integral part of some of the services will be a celebration CD which will be provided either free of charge or purchased at the end of a service period.
For services offering a free Celebration CD, only those customers who have maintained their website for a specified period, given at the time of registration, will be eligible. The CD will be a reproduction of all the content on the website, "as is" at the time of production.
Delivery will be within one month of the end of the contract period. The Company accepts no responsibility for the content of the CD, its quality or suitability for use on customer's equipment.
21 Long Term Storage of Information
The Company accepts no responsibility for the loss, corruption or failure to reproduce information on its sites.
The Company shall, unless notified by you otherwise, maintain a website in a dormant state for 30 days after the cessation of a website. Customers will be able to purchase, or in some cases, be provided free of charge with a celebration CD in accordance with clause 17 (Need to check technicalities of this ).
22 Intellectual Property
All materials, documentation, computer programs, inventions (whether or not patentable), pictures, audio, video, artistic works and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret or other property right, created or developed by the Company while providing Services (collectively, ‘Work Product’) are owned by the Company. The Company shall not be liable to return any artwork or other material supplied by the Customer. Work Product shall not include the confidential information of the Customer.
OR
Public Areas. Bear in mind that areas throughout the service are "public", and other users will have access to your posted material and might copy, modify or distribute it. By submitting, publishing or posting content on the Service you are representing that you are the owner of such material or have authorisation to distribute it. [You agree to waive any moral rights in relation to any content which you post on the Service from time to time. ]
You acknowledge and agree that all content and materials available on Services are protected by copyright, trade marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorised by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Website.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Service is strictly prohibited without the express written permission of the Company.
23 None Endorsement of Third Party Sites
The Company is not responsible for the content, activities or privacy policies of any sites that are not directly operated by the Company even if such sites may be associated with or hyperlinked or otherwise linked to our site. It is the users responsibility to ensure that they are aware of and understand the terms and conditions and privacy policies of such sites.
24 Additional Services
The Service Provider or its affiliates may offer new or additional services through the Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.
25 Limitations on Use
You must be 18 years of age or older to use the Service. Unless otherwise specified, the content on the website is for your personal and non-commercial use and we grant you a limited license to access the website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the website without our express written consent. Any unauthorised use of the website or its contents will terminate the limited licence granted by us.
26 Indemnity
You agree to defend, indemnify and hold harmless the Company and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of the Services. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to identification by you, in which event your will co-operate with the Company in asserting any available defences.
27 General
27.1 Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
27.2 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys fees.
27.3 All notices under this Agreement shall be in writing and shall be deemed given when personally delivered, when sent by confirmed fax, or 3 days after being sent by prepaid first class post to the address of the party to be notified as set out in this Agreement or such other address as such party last provided to the other by written notice.
27.4 Neither party shall have any right or ability to assign, transfer, or sub-license any obligations or benefit under this Agreement without the written consent of the other (and any such attempt shall be void), except that the Company may assign and transfer this Agreement and its rights and obligations under this Agreement to any third party who succeeds to substantially all its business or assets.
27.5 This Agreement is drawn up in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail.
27.6 If any portion of this Agreement is illegal or unenforceable, such portion(s) shall be excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect and enforceable.
27.7 The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
28 Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties accept the non-exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with this Agreement [or the legal relationships established by this Agreement].