Terms of Service and Privacy Policy for LoveBook Online®

Love Book, LLC, a Michigan Limited Liability Company doing business as "LoveBook Online" or "LoveBook," provides a proprietary authoring system ("Services") that enables our customers, ie users, to choose and assemble text and graphics to create personalized books (ie "LoveBook Products") worthy of sharing with people who matter.

LoveBook users utilize the Services to combine certain proprietary images, formatting, fonts, drawings, page layouts, design elements and other materials provided by LoveBook with custom verbiage and additional elements they introduce to create print ready content (the "LoveBook Content") that LoveBook integrates into professionally printed and manufactured books ready for shipping to fortunate recipients.

LoveBook's Terms of Service and incorporated Privacy Policy (collectively, "TOS") as documented below applies to everyone who accesses the Services to create LoveBook Content to be incorporated into LoveBook Products. Users who create or access a LoveBook account and use the Services confirm their agreement to these TOS, confirm that they are of sufficient age and authority to enter into a legally binding agreement in their jurisdiction, and further confirm that they are the owner of their LoveBook account or are otherwise authorized to use a LoveBook account and accept these TOS on behalf of the account's owner.

We recommend that all users review the TOS frequently, with the understanding that LoveBook may update these terms from time to time.

Please send questions or comments regarding these Terms of Service to tos@lovebookonline.com.

Intellectual Property Rights

LoveBook owns or otherwise controls the technology that enables users to create books (the "Services"), as well as the library of proprietary graphic elements and illustrations that users access when creating LoveBook Content. Copyright, Trademark and other relevant intellectual property rights apply to all functionality of the Services and to all LoveBook Content.

LoveBook Content

When users create LoveBook Content using the authoring functions of the Services, the resulting personalized material combines intellectual property owned by LoveBook with intellectual property created by the users, ie personalized text and graphics. By accessing the Services and assembling LoveBook Content, users agree to assign ownership to LoveBook of any portion of the LoveBook Content they have created, and understand that LoveBook will henceforth own and control all of the combined LoveBook Content they have chosen, compiled and saved. Lovebook therefore reserves the right to integrate user-introduced or user-assembled LoveBook Content, at its discretion, into its library of illustrations and graphic elements as well as into marketing materials or social media postings, but at all times will exclude customers' personal information from such uses.

Grant of License for Personal Use Only

When each user creates LoveBook Content, whether or not they immediately purchase a printed Lovebook Product based on LoveBook Content they have saved, LoveBook will grant them a perpetual worldwide license to share the LoveBook Content, limited to personal use of printed LoveBooks. This means that they can distribute one or more copies of books created and printed by LoveBook to friends, family, partners or other personal contacts, solely for non commercial purposes. This license would include the right to request that LoveBook retrieve a user's previously saved Lovebook Content in order to print and deliver additional copies of LoveBook Products. LoveBook cannot warrant that it will retain all Lovebook Content data indefinitely, but will accommodate such requests whenever possible. In any event, users may not offer for sale or commercially distribute Lovebook Content, whether in printed LoveBooks or in any other electronic or physical format, without explicit permission from LoveBook.

LoveBook branding

LoveBook's brand names and logos, as well as additional names and graphic elements identifying its products and services or contained in its Content library, whether registered or unregistered, are owned by Love Book LLC and are protected through application of U.S. Copyright and Trademark Law and that of applicable jurisdictions outside of the United States.

Redistribution or replication of any part of the Services or related LoveBook Content, user interfaces, imagery, verbiage, or any graphic, verbal or conceptual element of LoveBook's branding, including aesthetic ‘look and feel' elements, is prohibited without our express written consent.

Please send questions or comments regarding rights and responsibilities relating to LoveBook Content, or requests for new content options (we like to help) to content@lovebookonline.com.

Rights and Responsibilities when Using the Services and LoveBook Content

LoveBook reserves all rights in the Services and LoveBook Content accessed or assembled through the Services, except for the rights it grants to users permitting them to obtain, reproduce and share customized LoveBook Products, as governed by these TOS.

Authorization to use the Services is obtained by users when they provide information required to create LoveBook accounts.

By creating or assembling LoveBook Content using the Services, users specifically warrant that any content that they introduce does not:

  • infringe on the intellectual property rights of others;
  • infringe on the privacy rights of others;
  • violate applicable local, national or international law, institutional policies or community standards;
  • include malicious code or other content that may damage, intercept or otherwise compromise systems, programs or data;
  • cause injury to any person or entity.

Users must further refrain from modifying, reverse engineering, copying, reselling or otherwise disseminating any component of the Services or LoveBook Content, or causing or permitting such activities, without specific authorization from LoveBook, outside of permitted personal sharing of Lovebook Products.

Warranties

Lovebook is continually working to assure that the technology within the Services functions optimally. However, we cannot control the imperfections of your computer, tablet, phone or other device, or influence your Internet service provider, cellular network, or the Internet itself, to operate flawlessly.

Where LoveBook posts or otherwise makes use of comments or information provided by any user of our Services it declines to accept any responsibility for the quality or reliability of such content.

ALL MATERIAL, FUNCTIONALITY AND INFORMATION COMPRISING THE LOVEBOOK SERVICES AND/OR CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.

IN NO EVENT SHALL LOVEBOOK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.

UNDER NO CIRCUMSTANCES WILL LOVEBOOK BE RESPONSIBLE FOR DAMAGE, LOSS OR INJURY RESULTING FROM ANY FAILURE OF A USER'S SYSTEM SECURITY, AND/OR UNAUTHORIZED USE OF ANY LOVEBOOK ACCOUNT BY ANY THIRD PARTY.

USER AGREES THAT IN NO EVENT ABSENT AN EXPLICITLY SUPERCEDING EXTERNAL AGREEMENT TO THE CONTRARY SHALL ANY LIABILITY OF LOVEBOOK (OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS) EXCEED THE TOTAL AMOUNT OF FEES PAID FOR BOOKS OR OTHER LOVEBOOK PRODUCTS DURING THE YEAR PRIOR TO THE MAKING OF A CLAIM. USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE LOVEBOOK SERVICES AND CONTENT IS TO DISCONTINUE USE OF THE SERVICES AND CONTENT.

Privacy and Confidentiality

Users are responsible for maintaining the confidentiality of any LoveBook account they initiate or maintain, and for restricting related access to computers and/or mobile devices signed into accounts. Users agree to accept responsibility for all activities that occur in relation to accounts or passwords subject to their control, including but not limited to submitting completed LoveBook Content for printing and delivery. Users who include phone numbers, postal addresses, emails, ID numbers or other information that could be used to identify any person, do so at their own risk and by doing so authorize LoveBook to disseminate such information. LoveBook reserves the right to refuse service, limit service or terminate any account, in its sole discretion.

All data received via Lovebook user accounts is protected by Transport Layer Security encryption (TLS 1.2 or its successor technologies). Moreover, the data comprising a user's assembled LoveBook Content exists in dissociated, non personally identifiable formats until the user requests delivery of a printed LoveBook Product. Only at that point is the data assembled into recognizable page images. Page images to be printed in LoveBook Products are viewed by LoveBook staff and print service providers only to the extent required for systems optimization and quality control. After print operations are completed, content related data that contains viewable images or personally identifiable information is routinely deleted.

Lovebook, at its sole discretion, may (but does not promise to) retain content related data indefinitely, but only in its original dissociated form without viewable images or personally identifiable information.

LoveBook Content is not generally accessed by LoveBook staff or associates except 1) where a user provides explicit permission, 2) as required for data recovery or technical support, or 3) when required or permitted by law, such as during an emergency or disaster recovery.

Users always have the right to view records pertaining to their own accounts, including any personal information that may be associated with their accounts, or to delineate limits on transmission and retention of such information, by making such requests to privacyshield@lovebookonline.com.

LoveBook will generally refrain from selling, licensing or otherwise providing personal information to any third party, and may be liable for onward transfer of such data except where 1) we are explicitly authorized by a user to share specific information and 2) such dissemination is otherwise lawful, or 3) where we are required to disclose personal information in response to lawful requests by public authorities based on law enforcement or national security requirements.

Log Files

LoveBook reserves the right to use Internet Protocol addresses, ie "IP addresses," to analyze trends, administer the Services and associated website, maintain its tools and features, track user activities, improve Services and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log certain non-personal access information including browser type, access times and requested or referred URLs. This information is not shared with third parties and is disclosed among LoveBook personnel only to the extent it is necessary for our operations and maintenance purposes. No individually identifiable information related to this data will be used in any other way unless we obtain your explicit written permission.

Cookies and Session ID tokens

LoveBook may use cookies and/or Session ID tokens to enable the retrieval of user details for each visit to the LoveBook website. These tracking technologies may also be used to assist users by enabling and optimizing functionality of the Services.

EU-U.S. Privacy Shield Framework

LoveBook complies with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. LoveBook has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles, and is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Independent Recourse Mechanism for Privacy Shield matters

In compliance with the Privacy Shield Principles, LoveBook commits to resolve complaints about the collection or use of your personal information.

EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact LoveBook at privacyshield@lovebookonline.com. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU Data Protection Authorities ("EU DPAs") for more information or to file a complaint. The services of the EU DPAs are provided at no cost to you. Under certain conditions, where dispute resolution procedures have not produced a satisfactory result (more specifically described at https://www.privacyshield.gov/article?id=ANNEX-I-introduction), EU individuals may be entitled to invoke binding arbitration.

Indemnification

Users shall indemnify and hold harmless LoveBook, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of users' use of the LoveBook website and Services, including but not limited to claims arising out of users' violation of these Terms of Service.

Legal Venue and Dispute Resolution

By visiting LoveBook's website and utilizing the Services, users confirm their agreement that the laws of the state of Michigan, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute with LoveBook that might arise. Users further agree that in the event any user is engaged in a dispute with LoveBook which cannot be resolved through informal negotiation, before seeking resolution in any court of law, either party to that dispute will first attempt to resolve the matter cost effectively by retaining a mutually acceptable provider of mediation services for up to four hours of mediation sessions. Otherwise, where these more informal measures are not effective, the parties may seek traditional legal and equitable remedies in the appropriate Michigan courts.

The following are the sole exceptions to the above legal venue and dispute resolution terms: In situations where LoveBook is required to seek an injunction or restraining order, or where a customer has not met payment obligations to LoveBook, LoveBook may seek legal remedies without prior negotiation or mediation. Also, privacy related matters affecting users residing in the European Union are governed by the above provisions regarding the Privacy Shield Framework and related Recourse Mechanisms.

Miscellaneous

If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply. Failure of LoveBook to enforce any of the provisions set out in these Terms of Service, or failure to limit or terminate any customer or user's Services access for any length of time, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service, or the right thereafter to enforce each and every provision. These Terms of Service shall not be amended, modified, varied or supplemented in the absence of written notification by LoveBook.

Notification of Changes

LoveBook reserves the right to change these Terms of Service from time to time as it sees fit, and your continued use of the Services and website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy related provisions, we will announce that these changes have been made on our website. If there are any changes in how we use personally identifiable information, notification will be made to those affected by this change. You are advised to regularly review our Terms of Service and any accompanying communication directed to Customers and users.

Please direct inquiries or concerns regarding these Terms of Service, including the incorporated privacy terms, to tos@lovebookonline.com