TERMS OF USE

TERMS OF USE

Terms of Use

Lovingonme.com is owned and operated by Loving On Me, Inc., a Texas corporation (“LOM”).   LOM provides and operates an online resource for information and articles featuring lifestyle, inspiration, and spirituality (“Services”). These Terms of Use (these “Terms”) describe our policies and practices while you are using the www.lovingonme.com website (“Site”). By using the Site, you agree to be bound by these Terms. You also agree to be bound by the Privacy Policy.

1. Notice

This Site is owned and operated by LOM. LOM has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site and its Products, you understand and agree to all terms and conditions of these Terms. You may visit our webpage to learn of our revised Terms. All such changes will be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

2. Intended Use

  1. This Site is intended for your benefit, to educate and uplift through the sharing of various articles, videos and related positive-message materials.
  2. You understand that LOM does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including third-party advertisements posted on the Site.
  3. You understand that any statements and materials posted on the Site by LOM, its employees, contractors, agents, and affiliates are provided for informational purposes only. Nothing in the Site should be regarded as medical, business, tax, legal or professional advice of any kind.

3. Restrictions on Use

You must be at least 18 years of age to use the Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to the Site by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults. Use of any portions of the Site that require an account and you to log in are intended for and restricted to authorized persons only, and you will not share your login information with anyone.

The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any informational material, form, or document may be reproduced in any way or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use (but not for resale or distribution). The above limitation does not apply to using electronic sharing mechanisms provided by LOM for sharing via other web and media outlets (e.g., “Facebook, Pinterest, etc.), all of which are expressly allowed and encouraged.

4. Privacy Policy & Data Collection/Disclosure

Please see our Privacy Policy to review how information is collected on and from the Site and used by LOM. Generally speaking, LOM may gather and share user information with its advertisers about the areas, topics, and communities of interest, zip codes, and products and services identified, purchased or used by you and our other users of the Site. Such information may be aggregate or individual. Information we gather about the use of our website may be used, for example, in providing information to our advertisers or vendors of products and services with which we have a relationship. The manner in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy. Such information may also be used by LOM to enforce these Terms. You agree that all information submitted by you is accurate and complete. LOM may restrict or terminate access to the Site if it has reason to believe you have provided false or inaccurate information.

5. Use of Information and Materials; Disclaimer

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are not subject to change. Unauthorized use of our Site and systems including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by us.

Information posted by independent contractor authors is their own opinion, and not necessarily that of LOM. LOM is not liable for the content of any such author materials appearing on the Site.

6.  Your Conduct

We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into these Terms. We have the right, but not the obligation, to review, modify, block, or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening, or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Site. You agree not to use the Site or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Site, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Site and that we and all users have the right to download and use that information, software or other materials. You warrant to LOM and its Site that you will not use them for any purpose that is unlawful or prohibited by these Terms or use in any manner.

7. Use of Message Boards/Comments

The Site includes (or may in the future include) the opportunity to comment and/or post to message boards. Considering the real-time nature of the comments and message board(s), LOM cannot review messages or confirm the validity of information posted. We do not actively monitor the contents of posted messages, are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the Site administrators or any entity or individual associated with LOM. Any user who feels that a posted message is objectionable is encouraged to contact the Site administrators immediately by email. The Site administrators may in their discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular messages may not occur immediately.

You shall not upload, post, or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, (d) offends the community standards of users of the Site, (e) interferes with or disrupts the Site, (f) harass another user or (g) otherwise violates any applicable law. Although the Site administrators do not and cannot review the messages posted and are not responsible for the content of any of these messages, they reserve the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold the Site harmless with respect to any claim based upon transmission of your message(s). LOM reserves the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any message posted by you. We reserve the right to use any messages or information posted by you for any purpose, including but not limited to reproduction in its electronic or printed publications and you grant LOM a nonexclusive license to use, copy, edit, modify, transmit, distribute, and to create a derivative work of any such message or information in its electronic and printed publication.

8. Enforcement

  1. Limitations of Warranties and Remedies. To the full extent allowed by law, LOM disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. LOM neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services and the Site. In no event will LOM be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if LOM has or should have had, any knowledge, actual or constructive, of the possibility of such damages.
  2. Indemnification. You agree to defend, indemnify, and hold harmless LOM and its officers and employees (the “LOM Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that LOM may incur arising out of or resulting from the use of the Site or any of the products or services of LOM.
  3. Choice of Law and Venue. These Terms will be construed and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into these Terms, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to these Terms or its enforcement. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to these Terms or its enforcement.
  4. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
  5. Additional Provisions Regarding Liability. You and LOM agree that the following limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
  6. Notices. Any notices or communications sent by you to LOM pursuant to these Terms must be in writing and sent to the address specified herein or such other address as LOM may specify in writing. All notices will be sent to:
    Loving On Me, Inc
    14 Murray St. #107
    New York, NY  10013
    contactus@lovingonme.com

9. Additional Information

  1. Links. The Site may contain links to other sites. However, please be aware that LOM is not responsible for and cannot control the terms of use and conditions of such other sites. We encourage you to be aware when you leave the Site, and to read the terms of use of each and every website. These Terms apply solely to this Site. We are not responsible for the content, accuracy, or opinions expressed in such Web sites. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us, nor of any products or services provided by third parties.
  2. Trademarks. Loving On Me!, lovingonme.com, the “heart” logo, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress appearing on or associated with the Site are the sole property of LOM or its licensors. All rights are reserved. All other trademarks appearing on the site are the property of their respective owners.
  3. Copyrights. The Site contains copyrighted materials and other proprietary information, including, without limitation, downloadable files, text, software, photos, videos, graphics, music, and sound. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of LOM and the copyright owner.The Site contains an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify LOM for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant LOM a nonexclusive license to use, copy, edit, modify, transmit, distribute, and to create a derivative work of any information or material submitted by you through the Site.Digital Millennium Copyright Act (DMCA) PolicyIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide us along with the copyright agent the following information.
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. 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;
  6. 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. LOM’s Copyright Agent for Notice of claims of copyright infringement can be reached at contactus@lovingonme.com.