Love What You Boo Terms of Service
These Terms of Service were last updated and effective on April 26, 2017
Hello everyone, and welcome to LoveWhatYouBoo.com (the “Site” or “Website”)! We hope You’re having a bootastic day! We’re so pleased You came to visit the Site and play! This Site is owned and operated by Love What You Boo, LLC (“Us” or the “Company”). If You have any questions relating to this Website, they can be sent to Us here. In these Terms of Service (the “Agreement” or “User Agreement”) We’re going to explain some really important things to You (“You” or “User”) about accessing and using the Website, so please sit down with Your parent or guardian and have them read through this with You. Please note that any reference to “You” and “User” may include a family unit of both a child user of the Site and that child’s parent or guardian, as applicable. Thus, this is a contract between Us and You. We’re going to talk about some rules about the Website, and how to be nice to other kids that use the Site too. Ready? Here We go!
PLEASE READ THIS USER AGREEMENT CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OR OTHERWISE LACK THE CAPACITY TO ENTER INTO A BINDING AGREEMENT, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
How will I know if there are changes to these Terms?
Is a registered account required to use the Site?
We respect Your child’s privacy and We only collect information that is necessary for Your child to use the Site.
In addition, even if there is a registration process in place, You may be able to access certain parts of the Site even without a submission request or without logging in (collectively, “Public Information”). We reserve the right to modify any Public Information or Submissions at any time in our sole discretion.
What kind of security measures does the Company have to protect users’ information?
Although We currently don’t keep accounts or log in information for users of the Site, We do communicate with our Users via the email address that You provide to Us, so please bear in mind that You are responsible for maintaining the confidentiality of Your online information, including information remitted to Us via any email account (“Account”). You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security so that We may take any steps, at our sole discretion, that We deem necessary to protect Your information or the Site. We will not be liable for any loss or damage arising from Your failure to comply with this security requirement.
We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that We may collect in relation to Your Account. Although We use reasonable efforts to safeguard personally identifiable information We collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that We use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not always protected by encryption and are vulnerable to interception during transmission.
When may an Account be suspended or terminated?
We may terminate or suspend Your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event We (i) determine after reasonable investigation that You have breached this Agreement or that Your conduct violates applicable law or is otherwise harmful to our interests, the interests of our Users, or other third parties, or (ii) ceases our operations and/or provision of any applicable products or services in connection with this Website, as determined in our sole discretion.
Ownership of Intellectual Property and Restrictions on Use of Love What You Boo Material
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, public information, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable, trademarkeable, and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively, the “LWYB Property” or “our Property”) is our, well, property, and our partners, affiliates, third party licensors and suppliers and/or any of our successors and assigns and are protected, without limitation, by United States and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any LWYB Property on any other website or networked computer environment is prohibited.
Provided that You comply with the terms of this Agreement, We hereby grant You a limited right to access and use the Site, including Public Information, for Your personal, non-commercial use. This right to access and use is limited to the display of our Property in their entirety, without modification, unless We give our express, written permission otherwise. Except as expressly provided above, You agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by You for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use our Property in a manner that suggests an association with any of Your products or property You own.
Without limiting the generality of the foregoing, You agree that You shall not (with the exception of the personal, non-commercial use provided above): (i) download or copy any Website pages, except as may occur through the normal caching function of Your browser; (ii) download or copy Site information for the commercial benefit of You or a third party; (iii) make any resale or commercial use of this Website or our Property; (iv) create any derivative work of this Website or its contents; (v) use any data mining tools, robots, or similar data-gathering and extraction devices, or any meta-tags or other “hidden text” with respect to this Website and the information contained thereon; (vi) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any software on our Site to a human-readable form. Any unauthorized or prohibited use of any of the above materials or matters may subject You to civil liability and criminal prosecution under applicable laws.
We reserve the right to vary, modify, change or discontinue: (i) any feature or function on this Website; and/or (ii) to restrict access to parts or all of this Website from time to time with or without notice to You.
How does the Company use content that users submit to the Site?
Currently, We only accept User artwork (including but not limited creative suggestions, ideas, notes, artwork, drawings, stories, video, audio, room designs, concepts, content, materials or information of any nature, collectively “User Content” or “Your Content”) via an email request sent by a parent or guardian to Us. Please note that upon submission of any User Content, regardless of whether or not it actually appears on the Site or is otherwise used by Us, You are granting Us a perpetual, royalty-free, non-exclusive, worldwide license, under Your intellectual property rights, for Us to use, copy, reformat, index, modify, display, and distribute Your User Content for purposes of providing our good and services, advertising or promoting Your User Content through the Site, or advertising, promoting or improving the Site. You acknowledge and agree that no compensation will be paid with respect to our use of Your Content under this grant.
Specifically, We may want to use Your Content, in whole or in part, in Love What You Boo property, including but not limited to publications (print and/or digital), marketing and advertising materials, and/or merchandise. You acknowledge and agree that We may do so and that You are not entitled to notice or any compensation for any such use(s). While We shall not be required to, should We choose to use Your Content in such a manner, We may contact You for additional information in order to provide credit for Your Content. Please note that our right to use Your Content shall continue even if You terminate Your Account with Us, so long as We were not aware that the use was made before Your voluntary termination (this sentence is not applicable if Your Account is terminated due to a violation of this Agreement or a potential violation of law, in which case We will cease such use as required).
Finally, when You submit User Content to Us, You represent and warrant that (i) You hold all rights needed to grant requisite rights to Us as provided in this Agreement, (ii) You own the intellectual property (including copyrights, trademarks and patents) in all User Content You submit, subject to such protection, or You have been given needed permissions by the owner of any elements incorporated into the User Content; and (iii) each person depicted in images or identified in text in Your Content has provided You with consent to use Your Content as set forth in this Agreement.
What do I do if I believe my copyrights may have been infringed somewhere on the Site?
We respect the intellectual property rights of others and require that our Users do the same. If You believe that content on the Site constitutes infringement of Your work(s) protected by copyright (a “Work,” or, collectively, “Works”), please notify our agent designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Love What You Boo, LLC
1130 Skokie Ridge Dr.
Glencoe, IL 60022
Attention: Copyright Agent
Please be sure to include the following information:
- An electronic or physical signature by the copyright (or other intellectual property) owner or a person authorized to act on their behalf;
- A description of the copyrighted (or other intellectual property) work that is claimed to be infringed (or is infringing), including any applicable registration numbers;
- A description detailed enough to properly identify the material on the Site (exact page links preferred);
- Your address, telephone number, email address and any additional information that would facilitate Us in contacting You;
- A statement by You stating that You have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the l aw;
- A statement by You, under penalty of perjury, that the information provided to use is accurate and that You are the copyright (or other intellectual property) owner or are authorized to act on behalf o such owner.
Upon receipt of a compliant notice, We will respond and proceed in accordance with the DMCA.
What are the rules for Contests?
From time to time, You may have the opportunity to send Us submissions as part of a contest (including trivia or games of skill) where these submissions are judged and the winner will be awarded a prize. We will provide the rules for such contests on this Website before the contests begin. With respect to games of skill and trivia, the following minimum rules shall apply:
- We will disclose the number and types of prizes to be won;
- The chances of winning will depend on one’s skill in playing the game selected, and if playing a game against other users of this Website, the chances of winning will also depend on the number of other players and their skill in playing the game;
- For some games, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
- Unless We say otherwise, there will be no special allocation of prizes by country, state, province or region;
- Some games have skill level by age group, so check the game instructions carefully; however, unless We say otherwise, there will be no special allocation of prizes by age group;
- We will clearly advise players of the start and stop times applicable to the game selected;
- There may be limits on the number of times users may play a game, so read the game instructions carefully; and
- Prizes will be awarded without undue delay.
What is the Code of Conduct for the Site?
The Website is provided by Us and is intended to be used in a safe and enjoyable fashion. We take this especially seriously since this Site is meant to be enjoyed by Users that may be minors and under 13. You are responsible for the content of any material You enter on and submit to this Website. When You use this Website, You agree to follow our User Code of Conduct. Basically, We expect all of our users to be on their best behavior and be kind, polite, and nice to other users – just like Mom or Dad would expect in real life!
- Users of this Website must not:Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
- Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of another, (iii) are offensive or obscene (including profanity); (iv) infringe the intellectual property rights, including copyrights and trademarks, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) promote or advocate any religion or religious figure(s), or ridicule or present having a religious belief, any religion, or religious figure(s) in an offensive manner; (viii) promote or advocate any political party or organization, political or public figure, or ridicule or present any political party or organization, or political or public figure in an offensive manner; (ix) advertise or otherwise solicit funds or are a solicitation for goods or services; or (x) are treated as confidential under any law, contract or policy;
- Ever reveal personal information to other users online. The best way to stay safe online is to NEVER share Your real name, phone number, address, email or passwords with other users on this Website or anywhere else on the Internet;
- Attempt to circumvent the security systems of this Website;
- Attempt to gain access to or otherwise use this Website in a fraudulent manner, including but not limited to using the information of another user;
- Attempt to gain access to any other user’s Accounts;
- Attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail or chat communication;
- Attempt to harvest or otherwise collect information about other users without their consent;
- Attempt to use this Website for any purposes other than those intended by Us;
- “Spam” other users; or
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
What happens when I click on a link on the Site and I leave the Site?
Users may have the opportunity to interact with certain third parties found on the Site, such as advertisers. Your correspondence or business dealings with, or participation in promotions of, third party service providers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party service provider. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers.
We reserve the right, although We do not have the obligation to, review or monitor any web sites linked to the Site, including those posted by advertisers or other Users, and are not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by the Site or the Company, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, We do not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites, nor do We assume responsibility for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. Under no circumstance will We be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that You access third party hyperlinks or sites at Your own risk.
Disclaimers – Things Our Lawyers Make Us Say
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND OUR PROPERTY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR ASSOCIATED WITH THE USE OF THIS WEBSITE OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
WE DO NOT WARRANT THAT THIS WEBSITE, OUR PROPERTY, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH US THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, WE DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR OUR PROPERTY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND OUR PROPERTY RESTS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR OUR PROPERTY RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT US ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitations of Liability – More Things Our Lawyers Make Us Say
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE OR OUR PROPERTY. NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, WE DO NOT SEEK TO LIMIT OUR LIABILITY FOR CONDUCT THAT IS FRAUDULENT OR WHERE SUCH LIMITATIONS ARE OTHERWISE PROHIBITED BY LAW AND PUBLIC POLICY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR OUR PROPERTY, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.
Indemnity & Claim Defense – When We Rely On You
YOU HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH WE MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; AND/OR (III) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Jurisdiction and Dispute Resolution – Where & How We Work Things Out With Our Users
This Website is controlled, operated, hosted and served in the State of Texas, in the United States. Our offices are located in the State of Illinois. If You choose to access and use this Website from another location, country or jurisdiction You are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in a federal or state court of proper jurisdiction in the State of Illinois, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of all communications related to the Website and Our Property and any proceedings arising under this User Agreement shall be English. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that You may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in Your own jurisdiction about the exact implications of this User Agreement should You have any questions about its contents and Your rights.
Waiver of Class Actions – Don’t Gang Up On Us!
BY ENTERING INTO THIS USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY IN A COURT. YOU AND COMPANY BOTH AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS. A COURT MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
We highly recommend contacting Us directly via our Contact Page or via email if You think Your rights may have been violated – We care about our Users and use our best efforts to resolve any issues or disputes in an efficient matter.
We’re Here to Help!
Phew! We understand that was a lot to read, and We thank You for giving Us so much attention in doing so. Our goal is always to communicate as clearly as possible (i) the rights and responsibilities that come with using the Website and Our Property, (2) how to engage with other users in a polite and kind manner, and (3) Your role in protecting Your private information. If You have understood these things, You are now empowered to help Us keep this a safe and swonderful place for kids and their parents. Again, if You have any feedback or questions about the above, please reach out to Us here. Thanks again, and have fun!