Lovemyidea.com is a
networking service provided by Lovemyidea.com, Ltd., Moncrief
19 Main Street, Eglinton Co. Derry Northern Ireland BT47 3AB, that allows
Members to create unique personal profiles online in order to share and develop
their ideas. The services offered by Lovemyidea.com ("Lovemyidea.com" or
"we") include the Lovemyidea.com
website (the "Lovemyidea Website"), the Lovemyidea.com Internet
messaging service, and any other features, content, or applications offered
from time to time by Lovemyidea.com
in connection with the Lovemyidea Website (collectively, the "Lovemyidea
Services"). The Lovemyidea Services are hosted in Northern Ireland.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the Lovemyidea Services. By using the Lovemyidea
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the Lovemyidea Website)
or you are a "Member" (which means that you have registered with Lovemyidea.com). The term
"User" refers to a Visitor or a Member. You are only authorized to
use the Lovemyidea Services if you agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully and save it. If you do not
agree with it, you should leave the Lovemyidea Website and discontinue use of
the Lovemyidea Services immediately. If you wish to become a Member,
communicate with other Members and make use of the Lovemyidea Services, you
must read this Agreement and indicate your acceptance during the Registration
process.
This Agreement includes Lovemyidea.com's
policy for acceptable use of the Lovemyidea Services and Content posted on the
Lovemyidea Website, your rights, obligations and restrictions regarding your
use of the Lovemyidea Services and Lovemyidea.com's Privacy Policy. In order to participate in
certain Lovemyidea Services, you may be notified that you are required to
download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable to
the Lovemyidea Services in which you choose to participate, those additional
terms are hereby incorporated into this Agreement. You may receive a copy of
this Agreement by emailing us at: privacy@Lovemyidea.com,
Subject: Terms of Use Agreement.
Lovemyidea.com may
modify this Agreement from time to time and such modification shall be
effective upon posting by Lovemyidea.com
on the Lovemyidea Website. Lovemyidea will inform Members by email about such
modifications. If you do not agree with such modification you have the right to
terminate your membership with Lovemyidea. You agree to be bound to any changes
to this Agreement when you use the Lovemyidea Services after the modification
has been posted for at least one month. It is therefore important that you
review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Lovemyidea.com and that
you provide to other Users. Your Lovemyidea.com profile may not include any photographs
containing nudity, or obscene, lewd, excessively violent, harassing, sexually
explicit or otherwise objectionable subject matter. Despite this prohibition,
information provided by other Lovemyidea.com Members (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and Lovemyidea.com
assumes no responsibility or liability for this material. If you become aware
of misuse of the Lovemyidea Services by any person, please contact Lovemyidea
or click on the "Report Inappropriate Content" link at the bottom of
any Lovemyidea.com
page.
Lovemyidea.com
reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the Lovemyidea Services at any
time, particularly in cases listed under clause 8 of these Terms of Use, with
or without prior notice. Liability is limited to the maximum extent permitted
by law according to clauses 12 and 13 of these Terms of Use in such a case.
Eligibility.
Use of and Membership in the Lovemyidea Services is void where prohibited. By
using the Lovemyidea Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and
(d) your use of the Lovemyidea Services does not violate any applicable law or
regulation.
Your profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 14 years of age.
Term and Termination.
a) This Agreement shall remain in full force and effect while you use the
Lovemyidea Services or are a Member.
b) You may terminate your Membership at any time, for any reason, by following
the instructions on the Member's Account Settings page. Lovemyidea.com may
terminate your Membership at any time, without warning. Even after Membership
is terminated, this Agreement will remain in effect, including sections 5-17.
Fees.
Lovemyidea.com
reserves the right to alter, to depart from or to cease offering its services
free of charge at any time, taking into account Lovemyidea.com’s
legitimate interests and reasonable consumer expectations. Lovemyidea.com will
inform Members by email if a service is to be offered in the future for a fee.
You can then decide if you want to continue to use such service. Your continued
use of the service after the proposed fee modification has been posted for
at least one month will be considered acceptance of the proposed fee
modification. The same applies if fees are raised by Lovemyidea.com. If Lovemyidea.com terminates
your Membership because you have breached the Agreement, you shall not be
entitled to the refund of any unused portion of subscription fees.
Password.
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality of
your password. You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third party. You
agree to notify Lovemyidea.com
immediately if you suspect any unauthorized use of your account or access to
your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members.
The Lovemyidea Services are for the personal use of Members only and may not be
used in connection with any commercial endeavours except those that are
specifically endorsed or approved by Lovemyidea.com. Illegal and/or unauthorized use of the
Lovemyidea Services, including collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Lovemyidea Website is
prohibited. Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles without notice and may result
in termination of Membership privileges. Appropriate legal action will be taken
for any illegal or unauthorized use of the Lovemyidea Services.
Proprietary Rights in Content on Lovemyidea.com.
Lovemyidea.com does
not claim any ownership rights in the text, files, images, photos, video,
sounds, musical works, works of authorship, or any other materials
(collectively, "Content") that you post to the Lovemyidea Services.
After posting your Content to the Lovemyidea Services, you continue to retain
all ownership rights in such Content, and you continue to have the right to use
your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the Lovemyidea Services, you
hereby grant to Lovemyidea.com
a limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through the Lovemyidea Services.
Without this license, Lovemyidea.com
would be unable to provide the Lovemyidea Services. For example, without the
right to modify Member Content, Lovemyidea.com would not be able to digitally compress
music files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform Member
Content, Lovemyidea.com
could not allow Users to listen to music posted by Members. The license you
grant to Lovemyidea.com
is non-exclusive (meaning you are free to license your Content to anyone else
in addition to Lovemyidea.com),
fully-paid and royalty-free (meaning that Lovemyidea.com is not required to pay you for the use on
the Lovemyidea Services of the Content that you post), sub-licensable (so that Lovemyidea.com is able to
use its affiliates and subcontractors such as Internet content delivery
networks to provide the Lovemyidea Services), and worldwide (because the
Internet and the Lovemyidea Services are global in reach). This license will
terminate at the time you remove your Content from the Lovemyidea Services. The
license does not grant Lovemyidea.com
the right to sell your Content, nor does the license grant Lovemyidea.com the right
to distribute your Content outside of the Lovemyidea Services.
You represent and warrant that:
(i) you own the Content posted by you on or through the Lovemyidea Services or
otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the Lovemyidea Services does not
violate the privacy rights, publicity rights, intellectual property rights
(including copyrights), contract rights or any other rights of any person. You
agree to pay for all royalties, fees, and any other monies owing any person by
reason of any Content posted by you to or through the Lovemyidea Services.
The Lovemyidea Services contain Content of Lovemyidea.com
("Lovemyidea.com Content"). Lovemyidea.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and Lovemyidea.com owns and
retains all rights in the Lovemyidea.com
Content and the Lovemyidea Services. Lovemyidea.com hereby grants you a limited, revocable, non sub-licensable
license to reproduce and display the Lovemyidea.com Content (excluding any software code) solely
for your personal use in connection with viewing the Lovemyidea Website and
using the Lovemyidea Services.
The Lovemyidea Services contain Content of Users and other Lovemyidea.com licensors.
Except for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Lovemyidea Services.
Content Posted.
Lovemyidea.com may
delete any Content that in the sole judgment of Lovemyidea.com violates
this Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. Lovemyidea.com assumes no responsibility for monitoring the
Lovemyidea Services for inappropriate Content or conduct. If at any time Lovemyidea.com chooses,
in its sole discretion, to monitor the Lovemyidea Services, Lovemyidea.com
nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content.
You are solely responsible for the Content that you post on or through any
of the Lovemyidea Services, and any material or information that you transmit
to other Members and for your interactions with other Users. Lovemyidea.com does not
endorse and has no control over the Content. Content is not necessarily
reviewed by Lovemyidea.com
prior to posting and does not necessarily reflect the opinions or policies of Lovemyidea.com. Lovemyidea.com makes no
warranties, express or implied, as to the Content or to the accuracy and
reliability of the Content or any material or information that you transmit to
other Members
Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the Lovemyidea Services. Lovemyidea.com reserves
the right to investigate and take appropriate legal action against anyone who,
in Lovemyidea.com's
sole discretion, violates this provision, including without limitation,
removing the offending communication from the Lovemyidea Services and
terminating the Membership of such violators. Prohibited Content includes, but
is not limited to Content that, in the sole discretion of Lovemyidea.com:
- is
patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
- harasses
or advocates harassment of another person;
- exploits
people in a sexual or violent manner;
- contains
nudity, violence, or offensive subject matter or contains a link to an
adult website;
- solicits
personal information from anyone under 18;
- provides
any telephone numbers, street addresses, last names, URLs or email
addresses;
- promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
- promotes
an illegal or unauthorized copy of another person's copyrighted work, such
as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
- involves
the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains
restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
- furthers
or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
- solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Users;
- involves
commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a
photograph of another person that you have posted without that person's
consent; or
- for band
and filmmaker profiles, uses sexually suggestive imagery or any other
unfair, misleading or deceptive Content intended to draw traffic to the
profile.
- The
following is a partial list of the kind of activity that is illegal or
prohibited on the Lovemyidea Website and through your use of the
Lovemyidea Services. Lovemyidea.com
reserves the right to investigate and take appropriate legal action
against anyone who, in Lovemyidea.com's
sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities.
Prohibited
activity includes, but is not limited to:
- criminal
or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
- advertising
to, or solicitation of, any Member to buy or sell any products or services
through the Lovemyidea Services. You may not transmit any chain letters or
junk email to other Members. It is also a violation of these rules to use
any information obtained from the Lovemyidea Services in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or
solicitation, Lovemyidea.com
reserves the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which Lovemyidea.com deems
appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Lovemyidea Services, you
acknowledge that you will have caused substantial harm to Lovemyidea.com, but
that the amount of such harm would be extremely difficult to ascertain. As
a reasonable estimation of such harm, you agree to pay Lovemyidea.com £50
for each such unsolicited email, advertisement, junk emails or chain
letters or other unsolicited communication you send, acting culpably,
through the Lovemyidea Services, regardless of the number of recipients of
such email. Lovemyidea.com
is entitled to additional compensation of damages beyond £50. You have the
right to prove that Lovemyidea.com’s
damages are below £50;
- covering
or obscuring the banner advertisements on your personal profile page, or
any Lovemyidea.com
page via HTML/CSS or any other means;
- any
automated use of the system, such as using scripts to add friends or send
comments or messages;
- interfering
with, disrupting, or creating an undue burden on the Lovemyidea Services
or the networks or services connected to the Lovemyidea Services;
- attempting
to impersonate another Member or person;
- for band
profiles, copying the code for your Lovemyidea Player and embedding it
into other profiles or asking other Members to embed it into their
profiles;
- using the
account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access
your account;
- selling or
otherwise transferring your profile;
- using any
information obtained from the Lovemyidea Services in order to harass,
abuse, or harm another person;
- displaying
an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any commercial
activity on or through the Lovemyidea Services on behalf of that person,
such as placing commercial content on your profile, posting blogs or
bulletins with a commercial purpose, selecting a profile with a commercial
purpose as one of your "Top 8" friends, or sending private
messages with a commercial purpose; or
- using the
Lovemyidea Services in a manner inconsistent with any and all applicable
laws and regulations.
Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of Lovemyidea.com
to terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to Lovemyidea.com by the
copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Lovemyidea Services in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is
located on the Lovemyidea Services;
(iv) your address, telephone number, and email address;
(v) 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;
(vi) 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.
Lovemyidea.com's
Copyright Agent for notice of claims of copyright infringement can be reached
as follows:
Email: copyrightagent@lovemyidea.com.
Member Disputes.
You are solely responsible for your interactions with other Lovemyidea.com members.
Members.
Lovemyidea.com
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
Privacy.
Use of the Lovemyidea Services is also governed by our Privacy Policy, which
is incorporated into this Agreement by this reference.
Liability Disclaimer.
Lovemyidea.com
will not be responsible for any incorrect or inaccurate Content posted on the
Lovemyidea Website or in connection with the Lovemyidea Services, whether
caused by Users of the Lovemyidea Services or by any of the equipment or
programming associated with or utilized in the Lovemyidea Services. Profiles
created and posted by Members on the Lovemyidea Website may contain links to
other websites. Lovemyidea.com
is not responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Lovemyidea.com. Inclusion of any linked website on the
Lovemyidea Services does not imply approval or endorsement of the linked website
by Lovemyidea.com.
When you access these third-party sites, you do so at your own risk. Lovemyidea.com takes no
responsibility for third party advertisements which are posted on this
Lovemyidea Website or through the Lovemyidea Services, nor does it take any
responsibility for the goods or services provided by its advertisers. Lovemyidea.com is not
responsible for the conduct, whether online or offline, of any User of the
Lovemyidea Services.
In addition, Lovemyidea.com
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, any User or Member
communication. Lovemyidea.com
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email due to technical problems or traffic
congestion on the Internet or on any of the Lovemyidea Services or combination
thereof.
Exclusion of Warranty.
The Lovemyidea Services are provided "AS-IS" and as available. Lovemyidea.com does not
warrant of timely, secure, error- and interruption-free provision of Lovemyidea
Services. Lovemyidea.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Lovemyidea.com
cannot guarantee and does not promise any specific results from use of the
Lovemyidea Services. The exclusion of warranties does not affect your right of
withdrawal.
Some jurisdictions do not allow the exclusion or limitation of certain types
of of warranty or liability, such as liability for death or personal injury as
a result of negligence or fraud of Lovemyidea.com. Some of the limitations in clauses 12 and 13
may therefore not apply to you.
Disputes.
If there is any dispute about or involving the Lovemyidea Services, you agree
that the dispute shall be governed by the Courts of Northern Ireland,
without regard to conflict of law provisions.
Indemnity.
You agree to indemnify and hold Lovemyidea.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Lovemyidea Services in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above and/or
if any Content that you post on the Lovemyidea Website or through the
Lovemyidea Services causes Lovemyidea.com
to be liable to another, provided that this was caused by culpable conduct.
Lovemyidea.com will take no responsibility for the loss of Intellectual
Property rights or copyright.Lovemyidea.com highlights that users should be
aware that public disclosure of personal Intellectual Property may affect their
rights of ownership on that Intellectual Property.
ANTI-SPAM POLICY
This sets forth our policy with regard to the use of “Spam” marketing
techniques in connection with Internet Marketing. In the event that we deem you
to be in violation of these policies, we shall immediately revoke your
membership rights and close any active account.
We have a strict policy against spamming. We forbid the sending of
unsolicited mass Emails or unsolicited Emails of any kind in connection with
the marketing of our programs, products and services.
We reserve the right to terminate your account and participation in our
programs “for cause” if we deem you to be in violation of our anti-spamming
policies. We also reserve the right to suspend your account and participation
pending review upon receipt of any complaint or other evidence that you may be
engaging in any spamming activity.
We consider spamming to be any activity whereby you directly or indirectly
transmit email messages to any email address that has not solicited such email
and does not consent to such transmission. We also consider spamming to
constitute posting advertisements in newsgroups in violation of the terms of
participation in such newsgroup, that are off topic, or in newsgroups that do
not specifically permit advertisements. We also consider it spamming when
advertisements are placed on message boards or in chat rooms when they are not
permitted by the terms of participation in such message boards and chat rooms.
If you are “spammed” by anyone regarding
our products, services, website, or any other matters, please report this
activity to info@lovemyidea.com .
From time to time we will send you information about changes / upgrades
/ enhancements on the site.
The opt out seen in the registration process is opting out of getting spam from our partners/sponsors.
Other.
This Agreement is accepted upon your use of the Lovemyidea Website or any of
the Lovemyidea Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and Lovemyidea.com regarding
the use of the Lovemyidea Services. The failure of Lovemyidea.com to
exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. Lovemyidea.com is a
trademark of Lovemyidea, Inc. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@lovemyidea.com
with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
