The following terms and conditions govern all use of the TripleDigitLove.com website and all content, services and products available at or through the website, (hereafter, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by TripleDigitLove.com (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TripleDigitLove.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your TripleDigitLove.com Account and Site. If you register on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. If you write a letter or comment, it must not contain material that is misleading or unlawful, including material intended to trade on the name or reputation of others, and TripleDigitLove.com may change or remove any material that it considers inappropriate or unlawful, or otherwise likely to cause TripleDigitLove.com liability (any such material, “Content”). You must immediately notify TripleDigitLove.com of any unauthorized uses of your account or any other breaches of security. TripleDigitLove.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you write a letter, comment on any material, post material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your letter is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
- your letter is not created in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content to TripleDigitLove.com for inclusion on the Website, you grant TripleDigitLove.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website. If you delete Content, TripleDigitLove.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, TripleDigitLove.com has the right (though not the obligation) to, in TripleDigitLove.com’s sole discretion (i) refuse or remove any content that, in TripleDigitLove.com’s reasonable opinion, violates any TripleDigitLove.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TripleDigitLove.com’s sole discretion.
3. Responsibility of Website Visitors. TripleDigitLove.com has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, TripleDigitLove.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TripleDigitLove.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which TripleDigitLove.com links, and that link to TripleDigitLove.com. TripleDigitLove.com does not have any control over those non-TripleDigitLove.com websites and webpages, and is not responsible for their contents or their use. By linking to a non- TripleDigitLove.com website or webpage, TripleDigitLove.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TripleDigitLove.com disclaims any responsibility for any harm resulting from your use of non- TripleDigitLove.com websites and webpages.
5. Copyright Infringement and DMCA Policy. As TripleDigitLove.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TripleDigitLove.com violates your copyright, you are encouraged to notify TripleDigitLove.com through the Contact link. Your Infringement Notice must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit TripleDigitLove.com to find and positively identify that content; for example we require a link to the specific letter (not just the title of the letter) that contains the content and a description of which specific portion of the letter – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
TripleDigitLove.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TripleDigitLove.com will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of TripleDigitLove.com or others.
6. Intellectual Property. This Agreement does not transfer from TripleDigitLove.com to you any TripleDigitLove.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TripleDigitLove.com. TripleDigitLove.com, the TripleDigitLove.com logo, and all other trademarks, service marks, graphics and logos used in connection with TripleDigitLove.com, or the Website are trademarks or registered trademarks of TripleDigitLove.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TripleDigitLove.com or third-party trademarks.
7. Advertisements. TripleDigitLove.com reserves the right to display advertisements on the same page that displays your letter.
8. Changes. TripleDigitLove.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TripleDigitLove.com may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. TripleDigitLove.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TripleDigitLove.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. TripleDigitLove.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TripleDigitLove.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will TripleDigitLove.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. TripleDigitLove.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Indemnification. You agree to indemnify and hold harmless TripleDigitLove.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between TripleDigitLove.com and you concerning the subject matter hereof, and they may only be modified by the posting by TripleDigitLove.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be in the Eastern District of California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TripleDigitLove.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, TripleDigitLove.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. TripleDigitLove.com’s purpose in collecting non-personally identifying information is to better understand how TripleDigitLove.com’s visitors use its website.
TripleDigitLove.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on TripleDigitLove.com letters. TripleDigitLove.com only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to TripleDigitLove.com choose to interact with the Website in ways that require TripleDigitLove.com to gather personally-identifying information. The amount and type of information that TripleDigitLove.com gathers depends on the nature of the interaction. For example, we ask visitors who register at TripleDigitLove.com to provide a username and email address. TripleDigitLove.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with the Website. TripleDigitLove.com does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
TripleDigitLove.com may collect statistics about the behavior of visitors to the Website. For instance, TripleDigitLove.com may monitor the most popular letters on the Website. TripleDigitLove.com may display this information publicly or provide it to others. However, TripleDigitLove.com does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
TripleDigitLove.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on TripleDigitLove.com’s behalf, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using TripleDigitLove.com, you consent to the transfer of such information to them. TripleDigitLove.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, TripleDigitLove.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when TripleDigitLove.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of TripleDigitLove.com, third parties or the public at large. If you are a registered user of TripleDigitLove.com and have supplied your email address, TripleDigitLove.com may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with the Website. TripleDigitLove.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Note: These Terms of Service were adapted from wordpress.com which made them available under a Creative Commons Sharealike license.
Last updated: 07/14/2012