1. What are LOVME Terms of Services about?
1.1 Why should I read these Terms of Use?
LOVME terms of use (“Terms of Use“) tell you how you may use LOVME Online Services to access, view and/or listen to LOVME Content for your personal and non-business use so please read them carefully:
1.1.1 LOVME may update the Terms from time to time so please review the relevant pages regularly. If you access LOVME Online Services, you agree to be legally bound by whichever version of the Terms is in force at such time.
1.1.2 LOVME Terms of Use apply solely to non-business users of LOVME Online Services. If you are accessing and/or using LOVME Online Services in a business capacity, please be patient while work on Terms of Use of LOVME Online Services for Business Users.
1.2 Who makes LOVME Online Services available to me and what should I do if I have questions, comments, complaints or inquiries?
1.2.1 LOVME Online Services are made available to you by Legacy of Our Veterans’ Military Exposures, formerly known as Agent Orange Legacy, Cherryfield, Maine (LOVME).
1.2.2 Any reference in the Terms to “you” or “your” means you as a non-business user of LOVME Online Services.
1.2.3 If you have any questions about the Terms or your use of LOVME Online Services then you may find the answer at the LOVME Help page
1.3 Should I read any other information or terms?
1.3.1 Please also read LOVME’s Privacy Policy below, which explains how LOVME uses any information about you that it receives. The Privacy Policy form is part of the Terms.
1.3.2 Some LOVME services may ask you to agree to Additional Terms or other terms of use which will apply to your use of that particular service.
2. What are LOVME Online Services?
2.1 In the Terms
2.1.1 “LOVME Online Service(s)” are any LOVME or other LOVME-authorized internet services, websites, products that enable you to access, view and/or listen to LOVME Content and are identified as “LOVME Online Services” in Additional Terms.
2.1.2 “LOVME Content” means audio, video, text, images or other content made available by LOVME to you through LOVME Online Services and may sometimes include content which is owned or controlled by third parties which LOVME is permitted to make available to you through the relevant LOVME Online Service.
2.2 Availability of LOVME Content
2.2.1 LOVME Content is selected, edited, updated and made available to you by LOVME through LOVME Online Services at its sole discretion.
2.3 LOVME Editorial Control of LOVME Content
2.3.1 You acknowledge that LOVME has absolute editorial control over all LOVME Content at all times.
3. How can I use LOVME Online Services?
3.1 How you may use LOVME Online Services
3.1.1 If you comply with these Terms of Use and any applicable Additional Terms and with all relevant laws (for instance, copyright law), you may use LOVME Online Services to access, view and/or listen to LOVME Content for your personal and non-business use.
3.1.2 As mentioned above, these Terms of Use apply solely to non-business users of LOVME Online Services. If you are a business user, please be patient while we work on Terms of Use of LOVME Online Services for Business Users.
3.2 How you may NOT use LOVME Online Services
3.2.1 General restrictions on how you may NOT use LOVME Online Services to access, view and/or listen to LOVME Content
- (a) You may not infringe or try to infringe the privacy or other rights of other LOVME Online Services users. This includes you storing or trying to store personal data or usage details of other LOVME Online Services users.
- (b) You may not infringe any applicable law (for instance copyright law) when using LOVME Online Services to access, view or listen to LOVME Content.
- (c) You may not subject LOVME Online Services and/or LOVME Content to any derogatory treatment or use them in such a way that would bring LOVME into disrepute (with reference to LOVME Guidelines), or cause LOVME to incur liability to any third party.
- (d) You agree to use LOVME Online Services and access, download, view and/or listen to LOVME Content as supplied to you by LOVME and you may not assist anyone to, or attempt to, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way LOVME Online Services and/or LOVME Content in whole or in part except to the extent permitted in these Terms of Use, any relevant Additional Terms and at law.
- (e) You may not directly or indirectly charge others for accessing, viewing or listening to any LOVME content, or commercialize or attempt to re-sell LOVME Content in any way, which includes advertising or selling any goods and services which offer LOVME Content.
- (f) You may not directly or indirectly suggest any endorsement or approval by LOVME of a product or service (for instance, a personal website) or any non-LOVME entity, product or content or any belief or opinion expressed within a product or service.
- (g) You may not disrupt or try to disrupt LOVME Online Services. You agree not to use LOVME Online Services to distribute software viruses or other harmful programs, or use LOVME Online Services to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to LOVME Online Services by others.
- (h) You may not harass or cause distress or inconvenience to any other person using LOVME Online Services or transmit obscene or offensive content or disrupt the normal flow of dialogue within LOVME Online Services, in particular, on LOVME message board(s), forum(s), group(s) and blog(s):
(1) contain offensive text or images;
(2) incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behaviour;
(3) contain gratuitous violence or promote, encourage or facilitate violence;
(4) promote, encourage or facilitate terrorism or other activities that risk national security;
(5) discriminate against any specific social group or otherwise exploit vulnerable sections of society;
(6) promote, facilitate or encourage illegal activity;
(7) are misleading, defamatory, or that contain illegal, or otherwise actionable content under U.S. law;
(8) infringe individual privacy (based on the parameters laid down in the āPrivacyā chapter of LOVMEās Editorial Guidelines);
(9) put the welfare of children at risk;
(10) promote the tobacco industry or the armaments industry (including gun clubs);
(11) where presence of a LOVME application might be perceived as damaging LOVMEās reputation for advocating on behalf of the children and families affected by the veteransās toxic military exposure;
**This list is not exhaustive and may be amended by LOVME from time to time (collectively referred to as “Excluded Products or Services”).
4. Who owns or has rights in LOVME Online Services and LOVME Content?
4.1 Rights in LOVME Online Services and LOVME Content
4.1.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on LOVME Online Services and LOVME Content belong to LOVME and/or third parties (which may include you or other users.). LOVME reserves all of its rights in LOVME Content and LOVME Online Services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by LOVME or any other third party except as expressly provided in the Terms.
5. How can I make contributions to the LOVME?
5.1 Original contributions made by you
5.1.1 LOVME may invite you to make, share or submit your own, original contributions to LOVME Online Services. These Terms of Use and any Additional Terms for particular LOVME Online Services set out the rules governing how you may submit your own, original contributions to LOVME Online Services and how LOVME may use your contribution. Your contribution may include text, photographs, graphics, video or audio.
5.2 How LOVME will use your contribution
5.2.1 If you submit your contribution to LOVME you must allow LOVME to use the material in your contribution in any way it may reasonably choose on a free-of-charge basis in any media throughout the world. Any contributions you make may be moderated by LOVME which means they may be reviewed, edited and/or removed. LOVME reserves the right to remove any of your contributions if LOVME believes that they do not comply with the Terms.
5.3 How LOVME can share your contribution
5.3.1 You grant LOVME the right to change or edit the materials in your contribution for operational and editorial reasons. LOVME may also share your contribution with trusted third parties, for instance with other users of LOVME Online Services or, in the case of news-related material, LOVME may share your contribution with its overseas partners (for instance reputable foreign parties advocating on behalf of victims of toxic (military) exposures).
5.4 Your copyright remains with you
5.4.1 Any copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material you contribute in any way including allowing others to use it.
5.5 When you need to obtain consent
5.5.1 You confirm that your contribution is your own original work, is not defamatory or unlawful and does not infringe anyone else’s rights (including privacy rights) and that it complies with the Terms. You also confirm that your contribution is made in your personal (rather than business) capacity and that such contribution does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.
5.6 Anonymity not always possible
5.6.1 We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible.
5.7 When and how LOVME may contact you
5.7.1 LOVME may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see LOVME’s Privacy policy plus any specific local terms, where applicable.
5.8 Stay safe and obey the laws
5.8.1 Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating any content you may share with LOVME.
5.9 If LOVME asks for personal information
5.9.1 As part of your contribution, LOVME may ask you to provide some personal information. Disclosure of this information shall be subject to terms set out in LOVME’s Privacy Policy. LOVME will keep your personal information secure and will only use it for the purposes specified in the Privacy Policy. All personal information held by LOVME will be held in accordance with the terms of applicable data protection laws.
5.10 Granting your consent to LOVME
5.10.1 If you have any questions about contributing content to LOVME, please see our Help and Editorial Guidlines.
6. What are the features of LOVME Online Services and how do they work?
6.1 LOVME Online Services and your device: You can use LOVME Online Services on a variety of compatible devices
6.1.1 The Terms apply to your use of LOVME Online Services on any device. LOVME Online Services or some of the features and functionalities may not be available on all devices. LOVME makes no guarantee that all or any features of LOVME Online Services will work on any particular device.
6.2 Interacting with LOVME Online Services and other LOVME Online Services users
6.2.1 If you interact with LOVME Online Services and other users of LOVME Online Services LOVME may need to use some of your personal information. Please read the Privacy Policy to find out how LOVME may use your personal information.
- a) Do I need to have a LOVME account to interact with LOVME Online Services and other LOVME Online Services users? Some of the features and functions of LOVME Online Services are only available to users who have registered with LOVME for a free online LOVME account. Having registered with LOVME allows you to sign in with a username and password so that you can access more features and functions, and so that you can interact with LOVME services and other users of LOVME services. You can register with LOVME here.
- b) Favorite LOVME forums LOVME Online Services may give you the option to choose your favorite LOVME content: Your favorites will be saved to your LOVME profile if you are signed in. Logging into your LOVME profile will allow you to access your favorites on any device that you are logged into that supports LOVME Online Services functionality (e.g. on your laptop or your mobile phone).
- c) Connecting with other LOVME Online Services users: Some of LOVME Online Services allow you to connect with your contacts or friends from social networking services who use LOVME Online Services at the same time as you do, subject to any other terms or conditions which apply to your use of the relevant social networking services.
6.3 Links
6.3.1 LOVME Online Services and/or LOVME Content may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and we urge you to review them. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.
7. What obligations do I have under the Terms?
7.1 Compliance with the Terms
7.1.1 You must comply with the Terms, in particular the General restrictions on how you may use LOVME Online Services.
7.2 Managing your account details and activity
7.2.1 You are solely responsible for keeping your LOVME account username and password (if you have them) confidential and you are responsible for all activity that occurs under your LOVME account. Please see clause 6.2.1 for more information on LOVME accounts and why you might want to create one.
8. How does LOVME use my personal information?
8.1 How Does LOVME use my personal information?
8.1.1 You can read how LOVME uses your personal information in the LOVME’s Privacy Policy which forms part of the Terms.
9. What are LOVMEās legal obligations to me and how do the terms limit LOVMEās liability?
9.1 The basis on which LOVME makes LOVME Online Services available to you
9.1.1 LOVME does not guarantee that all LOVME Content and/or LOVME Online Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
9.1.2 LOVME reserves its right to modify, suspend or discontinue all or part of any LOVME Online Service or any part of LOVME Content without giving you any notice.
9.1.3 Any commentary, opinions or other materials included in LOVME Content are not intended to amount to advice on which you should rely.
9.2 Types of loss or damage LOVME is not responsible for
9.2.1 LOVME is not responsible for the following kinds of loss or damage which may arise from your use of LOVME Online Services:
- (a) loss or damage suffered by you or someone else when LOVME complies with the Terms;
- (b) loss or damage which is caused by LOVME when it does not comply with the Terms but which LOVME and you could not anticipate nor expect to happen when you started using LOVME Online Services;
- (c) any loss which is indirect or a side effect of the main loss or damage and which LOVME and you could not anticipate nor expect to happen when you started using LOVME Online Services, for instance if you lose opportunity or reputation;
- (d) provided LOVME complies with it’s Privacy Policy, any loss of data or damage to your device; and
- (e) any loss or damage if LOVME Online Services are not provided to you or are interrupted or suspended or if LOVME does not comply with the Terms because of events beyond LOVME’s control, such as an act of God, accident, fire, lockout, strike or other official or civil commotion, rule or order or act of Government or other act or event beyond the reasonable control of LOVME.
**Nothing in the Terms excludes or limits either LOVME’s or your liability for death or personal injury caused by negligence or for fraud.
10. How can LOVME stop making LOVME Online Services available to me and what happens if it does so?
10.1 LOVME reserves the right to stop making all or any part of LOVME Online Services available to you with immediate effect and without notice if:
10.1.1 In its sole reasonable opinion you are using LOVME Content, LOVME Online Services and/or any other LOVME service, inappropriately (for instance harassing or causing distress or inconvenience to any other person), incompetently or in any way that may constitute derogatory treatment of LOVME or might bring LOVME into disrepute or in a way that might be considered to be prejudicial to the image of LOVME (with reference to the LOVME Help Page);
10.1.2 You breach the Terms in a way that cannot be corrected, or you fail to correct a breach within a reasonable period of time if LOVME asks you to do so; or
(a) There is, in LOVME’s reasonable opinion, any reason why LOVME Online Services must be withdrawn.
10.2 What happens if LOVME stops making LOVME Online Services available to me?
10.2.1 If LOVME stops making LOVME Online Services available to you, you may be asked to delete all LOVME Content downloaded by you to your device(s).
11.1 What happens if the LOVME does not enforce a right against me?
11.1.1 If LOVME decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent LOVME from later deciding to exercise or enforce that right.
11.2 What happens if any part of the Terms is found to be ineffective?
11.2.1 If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
11.3 Third parties
11.3.1 The Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms.
11.4 Transfer of rights
11.4.1 You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.
11.5 What happens if there is a dispute arising out of the Terms?
11.5.1 Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of the United States of America and it’s territories. If you choose to bring proceedings in connection with the Terms you must do so in the courts of the United States of America.