LifeTimez Online and the LifeTimez Online Website
Terms and Conditions of Use Agreement
1. Introduction.
Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the "Agreement") for LifeTimez Online and the LifeTimez Online website. LifeTimez Online and the LifeTimez Online website are owned and operated by Breezy Design, Inc., a Utah corporation (hereinafter referred to as "
Breezy," "We," or "Us"). This Agreement applies to persons who use LifeTimez Online, or who access the LifeTimez Online website ("Users"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use LifeTimez Online, or access the LifeTimez Online website.
2. About LifeTimez Online.
LifeTimez Online is an internet-based, subscription software program that is used to produce photobooks and photo-related projects featuring exclusive Breezy designs and content. Active subscribers have access to the entire content library.
3. Availability and Eligibility.
LifeTimez Online is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Lifetimez Online is not available to children (persons under the age of 18). LifeTimez Online is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering access to LifeTimez Online, or the LifeTimez Online website, no distribution or solicitation is made by Breezy to any person to use LifeTimez Online in jurisdictions where the provision of the same is prohibited by law. Competitors are not authorized to access or use LifeTimez Online or the LifeTimez Online website without express, written permission from us in advance of such access or use. If you do not qualify, please do not use Lifetimez Online or access the LifeTimez Online website. Such use may result in the nonrefundable forfeiture of any and all fees and/or licenses purchased.
4. User's Responsibilities and Acknowledgements.
As a LifeTimez Online User you are obligated to read this Agreement and our Privacy Policy before you access LifeTimez Online or the LifeTimez Online website, purchase anything from us, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now, or may adopt in the future. You acknowledge and agree that we do not offer legal, professional, or financial advice. The LifeTimez Online website is provided for informational purposes only.
5. Restricted Activities.
You are prohibited from any use of LifeTimez Online or LifeTimez Online content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. By uploading or submitting any materials through the LifeTimez Online website, you must agree, represent, and warrant that you are not uploading or submitting, and will not upload or submit, any of the following ("Restricted Materials"): (a) materials that are unlawful, threatening, abusive, defamatory, obscene or that invade another person's privacy or further the commission or concealment of a crime; (b) materials that are not lawfully yours to transmit; (c) materials that are the subject of, or that infringe upon, any copyright, patent, trademark, trade name, trade secret, right of publicity, moral right or other intellectual property right of another person or entity; and/or (d) materials containing software viruses or other harmful computer code or that in any way interfere with or disrupt the services or any servers or networks connected to or used with the services provided by Breezy. In addition, by uploading or submitting any materials through the LifeTimez Online website, you must also agree, represent, and warrant that you own the copyright or have permission to copy any photographs, artwork, text, poetry or other things used in any material you submit through this website.
By checking the "I Agree" box, you agree, represent, and warrant that (a) you are not uploading or submitting, and will not upload or submit, any of the Restricted Materials set forth above; and (b) you will defend, indemnify and hold harmless Breezy and its officers, directors, agents, and employees from any suit, demand, claim, or damages arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any costs, liabilities, and attorney's fees incurred by Breezy in defending against such suit, demand or claim.
Although it has no obligation to do so, Breezy reserves the right to review material submitted through the LifeTimez Online website, or used in LifeTimez Online, to attempt to evaluate whether it may infringe the intellectual property or other legal rights of any third parties.
6. Breach.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Breezy will not issue any refunds of any amount to you.
7. Privacy.
We only use your information as described in our Privacy Policy. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.
8. Third Party Providers and Links to Third Party Sites.
The services of LifeTimez Online and the LifeTimez Online website are frequently provided by entities or individuals who are self-employed, employed by third parties, or otherwise not subject to our direct oversight and control. While we endeavor to insure that these entities or individuals have the necessary background and experience to render sound advice, we do not guarantee such advice and are not liable for any damages that may result from the use or inability to use such advice. There may be links established between the LifeTimez Online website and other sites on the World Wide Web and Internet that are not under the control of, or maintained by, Breezy. Such links do not necessarily constitute an endorsement by Breezy of those sites. Breezy undertakes no obligation to monitor such sites, and you agree that Breezy is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
9. Intellectual Property.
LifeTimez Online and the LifeTimez Online website contain intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material, except as permitted under applicable laws, or as set forth below.
While Breezy retains its rights in and to the content that is availablewithin LifeTimez Online and the LifeTimez Online website, you are granted a non-exclusive license to sell or display the derivative products you create using the same, to the extent that these derivative products comply with the provisions in paragraph 5 above.
10. DMCA Policy.
Breezy takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), Breezy has designated an agent to receive notification of alleged copyright infringement occurring in the derivative products produced by LifeTimez Online or on the LifeTimez Online website. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
Breezy Legal Department:
legal@breezydesign.com
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Breezy to locate the material;
- Your contact information, including your mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
11. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. You may opt out of receiving future emails by following the instructions at the bottom of each Breezy email message.
12. Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITES, PRODUCTS, AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE LIFETIMEZ ONLINE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT CONTAINED THEREIN. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BREEZY. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BREEZY DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF LIFETIME ONLINE AND THE LIFETIMEZ ONLINE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF MONEY YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT BREEZY'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnity.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including but not limited to any claim arising out of your violation of this Agreement or your use of LifeTimez Online in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Breezy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of Breezy. You further agree to indemnify and hold harmless Breezy from any claim arising from a third party's use of information or materials of any kind that you post through LifeTimez Online and the LifeTimez Online website.
15. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of LifeTimez Online and the LifeTimez Online website, except for matters exclusively between registered or authorized Users and not involving Breezy, shall be governed exclusively by the laws of the State of Utah. You waive any rights, which may exist to change the governing law. Further, any legal action arising in connection with these Terms and Conditions of Use shall be exclusively brought in the federal and state courts of Salt Lake City, Utah, County of Salt Lake, and shall be exclusively governed by the laws of the State of Utah. You waive any rights, which may exist, to seek a change of venue.
16. Licenses.
As set forth in paragraph 9 above, Breezy grants you a non-exclusive license to sell or display the derivative products you create using LifeTimez Online, as well as to make personal use of the LifeTimez Online content in accordance with this Agreement. This license expressly excludes, without limitation, the collection and use of user e-mail addresses or other user information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on any of our websites, and will not use any device, software or routine that may interfere with the operation of LifeTimez Online and the LifeTimez Online website.
17. Waiver.
Failure by Breezy to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
18. Right to Change this Agreement.
Breezy reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the use of LifeTimez Online and the LifeTimez Online website at any time, and in its sole and independent discretion. Any changes will be effective upon the posting of the changes to these terms and conditions of use. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use LifeTimez Online and the LifeTimez Online website, following Breezy's posting of any changes, will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use LifeTimez Online or the LifeTimez Online website.
19. General Provisions.
This is the entire Agreement governing the use of LifeTimez Online and the LifeTimez Online website. No delay by either party shall waive rights under this Agreement. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Breezy in accordance with applicable law and the remainder of the Agreement shall remain in full force.
20. Contact Breezy.
Except as explicitly stated otherwise, any notices to Breezy shall be given by postal mail to Breezy Design, LC, 779 E. 9400 S., Sandy, Utah, 84094. You agree that you will notify Breezy in writing of any claim or dispute concerning or relating to LifeTimez Online and the LifeTimez Online website, and the information or services provided through the same. You agree that you will give Breezy a reasonable period of time to address said claim or dispute before initiating any legal action.
