Terms of Service and Privacy Policy for LoveBook LLC - Last Updated: January 9, 2020

LoveBook LLC, a Michigan Limited Liability Company doing business as "LoveBook Online®" or "LoveCoups®" (or otherwise known as "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 "LoveBooks®," "LoveCoups®," "LoveCoups Products" or "LoveBook Products") featuring exclusive, customizable Lovemojis™ worthy of sharing with people who matter.

Our users utilize the Services to combine certain proprietary images, Lovemojis™, 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 "Content") that LoveBook integrates into printed or digital keepsake publications, ie LoveBooks® or LoveCoups® coupon books, and delivers to fortunate recipients.

The Terms of Service and incorporated Privacy Policy (collectively, "TOS") as documented below apply to everyone who accesses the Services to create Content to be incorporated into Products. Users who create or access a user account and employ 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 user account or are otherwise authorized to use the account and accept these TOS on behalf of the account's owner.

We recommend that all users review these TOS frequently, with the understanding that LoveBook will update these terms on an annual basis if not more frequently.

Please send questions or comments regarding these Terms of Service to [email protected].

Intellectual Property Rights

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

LoveBook and LoveCoups Content

When users create LoveCoups Content or 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 along with a unique selection and arrangement of materials from LoveBook's graphics database. By accessing the Services and assembling LoveBook or LoveCoups Content, users agree to assign ownership to LoveBook of any portion of the Content they have generated using the Services, and understand that LoveBook will henceforth own and control all of the combined Content they have chosen, compiled, arranged and saved. LoveBook therefore reserves the right to integrate selected user-introduced or user-assembled Content, at its discretion, into its illustrations, graphic elements, text suggestions, marketing materials or social media postings. At all times, however, Lovebook will exclude personally identifiable information from such uses.

Grant of License for Personal Use Only

When each user completes her or his preparation of LoveCoups or LoveBook Content and proceeds to request that LoveBook provide a printed book or other media format integrating such Content, LoveBook will grant them a license to this Content, limited to personal sharing of the media provided by Lovebook. This means that they can distribute this media to friends, family, partners or other contacts, solely for non commercial purposes and subject to any other limitations LoveBook delineates within these TOS. This license would include the right to request that LoveBook retrieve a user's previously saved Content in order to create and deliver additional copies of the media. LoveBook cannot warrant that it will retain all Content data indefinitely, but will accommodate such requests whenever possible. In any event, users may not offer for sale or commercially distribute LoveBook or LoveCoups Content, whether in printed Products or in any other media format, without explicit permission from LoveBook.

LoveBook Branding

LoveBook's brand names and logos such as the LoveCoups, LoveBook. Lovemojis™ and LoveBook Online names, related logos and taglines, 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 LoveBook LLC and are protected through application of U.S. Copyright and/or Trademark Law as well as the applicable laws of jurisdictions outside of the United States.

Redistribution or replication of any part of the Services or related 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 LoveCoups or LoveBook Content, or requests for new content options (we like to help) to [email protected].

Rights and Responsibilities when Using the Services and LoveBook or LoveCoups Content

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

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

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

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

Warranties

Lovebook is continually working to assure that the technology comprising 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 USER 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 SERVICES AND PRODUCTS DURING THE YEAR PRIOR TO THE MAKING OF A CLAIM. OTHERWISE, USERS' SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE LOVEBOOK SERVICES, CONTENT OR PRODUCTS IS TO DISCONTINUE USE OF THE SERVICES AND CONTENT.

Privacy and Confidentiality

Users are responsible for maintaining the confidentiality of any LoveBook or LoveCoups 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 Content for printing and delivery. Users who choose to include sensitive information in Content, such as phone numbers, postal addresses, emails, ID numbers or other information that could be used to identify any person, do so at their own risk. LoveBook reserves the right to refuse service, limit service or terminate any account in its sole discretion.

LoveBook is responsible for maintaining the security of the data associated with user accounts and will strive to safeguard users' personal information in strict accordance with legal requirements and industry best practices. We are committed to compliance with privacy laws and regulations throughout our global community, including but not limited to the EU General Data Protection Regulation and The California Consumer Privacy Act. All data received via LoveCoups or LoveBook user accounts, or data which is processed in the course of creating Products for users, is protected by studious implementation and continued optimization of current security technology, including but not limited to Transport Layer Security encryption (TLS 1.2 or its successor technologies).

Data We Collect, How and Why

LoveBook collects personal identifying information typically associated with e-commerce activities: names, emails, physical addresses, phone numbers, Internet Protocol addresses, payment data. Additionally, where our users intend to create a truly personal keepsake they are likely to provide LoveBook with representations of physical appearance, ethnicity, age, culture, gender, sexual preference and/or other personal characteristics. Order related information is retained as well, including a record of our customers’ orders and the user assembled Content related to such orders. In the course of keeping our customers satisfied and encouraging repeat business we may also collect personal information through users' contacts with our Customer Service personnel as well as their expressions on social media, including voice recordings of any voicemails that our customers may leave while making a call to us. In addition to collecting the types of data that are necessary for maintenance of accounts, creation ofpersonalized Content and providing excellent service, we make various observations that may assist us in targeted marketing activities. We benefit from learning about users' online behavior via tracking technologies as further described in our discussion of Cookies below.

We obtain the personal information listed above from the following sources:

Directly from you. For example, from your creation of Lovemojis™, the pages that you add to your Products, the text that you enter, the forms you complete on our website, and your communications with our customer relations team via email, telephone, and social media.

Indirectly from you. For example, from observing your actions on our website.

LoveBook's Precautions and Users' Rights Protecting Personal Information

User assembled Content is not accessed by LoveBook staff or associates except 1) where a user provides explicit permission, 2) as required for quality control, internal analysis, customer service, data recovery or technical support, or 3) when required or permitted by law, such as during an emergency, disaster recovery operation or evidentiary inquiry sanctioned under legal authority.

Users always have the right, within 30 days of their request, to view records of their own accounts, including associated personal information, or to delineate limits on transmission and retention of such information, by making such requests via [email protected].

Users may at any time delete their accounts by logging into their account and following deletion instructions. Deleting an account will make it impossible to review account history, view previously created Content or request additional copies of previously ordered Products. LoveBook at all times will respect any users right to demand compliance with the laws governing personal privacy in their jurisdiction and to be free from retaliation or discrimination resulting from doing so.

Data We Share (or not)

LOVEBOOK DOES NOT SELL USER DATA TO ANYONE. Where we provide personal information to any third party, we generally do so as a matter of operational necessity in utilizing print manufacturers, transaction service providers, technology vendors and other associates we trust to maintain the integrity and security of our operations. We also utilize third party tracking technologies that monitor personal data to ensure consistent website operations and provide marketing enhancements as further discussed below. We do not otherwise share user data, personal or otherwise 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.

Data shared on an as-needed basis with trusted providers of printing, shipping and merchant bank services includes personally identifiable Content items as outlined above as well as customers’ mailing address, telephone number, and order specifications.

Log Files

LoveBook reserves the right to use Internet Protocol addresses, ie "IP addresses," to analyze trends, administer the Services and associated websites, maintain tools and features, track user activities, improve Services and gather broad demographic information for aggregate use. IP addresses will not be utilized in a manner that delineates 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 operations and maintenance purposes. No individually identifiable information related to this data will be used in any other way unless Lovebook obtains users' explicit written permission.

Cookies and Choices

Lovebook and its service providers use various types of tracking technologies, ie "cookies" as detailed in our Cookie Preferences table, which we will update from time to time as necessary. The tracking technologies listed there are organized according to their purposes. "Essential" cookies implement the basic functionality needed to operate and secure the site. "Functional" cookies enhance user experience in navigating the site and interacting with third party platforms. "Marketing" cookies raise awareness of who we are and what we do and help match our offerings with the interests of our customer base. "Analytics" cookies enable us to monitor, prioritize and optimize operations of our site across various environments and devices.

To assist you in making informed decisions as to whether to accept all cookies in current use or opt out selectively, the Cookie Preferences table contains links to the detailed terms of service and privacy policies associated with each cookie in use.

We will be pleased to answer questions about cookies and assist with your privacy choices; feel free to inquire via [email protected] or our Contact Form.

EU-U.S. Privacy Shield Framework

The Court of Justice of the European Union issued a decision on July 16, 2020 invalidating the Privacy Shield self-certification for privacy compliance due to an issue that is unlikely to affect our customers, namely that US governmental authorities’ potential access to EU residents' personal data under certain circumstances would not comply with the General Data Protection Regulation. You should know that creating an account or placing an order with us theoretically poses a risk to your data privacy under the GDPR, should the US Government impose its authority to demand access to your data.

In every other respect Privacy Shield has established the gold standard for the security of data transferred from the EU to the US, and we will continue to collect, process and store customer data using that framework, ensuring that data you share with LoveBook continues to be as private as it always has been. LoveBook will continue to monitor this evolving situation and take every step available to ensure continued protection of your personal data and compliance with EU regulations.

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 personal information.

EU individuals with inquiries or complaints regarding the Privacy Shield policy should first contact LoveBook at [email protected]. Users who do not receive a timely response to an inquiry or request may 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. 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.

Additional Resource regarding the GDPR

Pursuant to Article 27 of Europe's General Data Protection Regulation (GDPR), LoveBook has appointed the European Data Protection Office (EDPO) as its GDPR representative in the EU. Users may contact EDPO regarding matters pertaining to the GDPR by sending an email to [email protected], using EDPO's online request form, or writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.

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 or LoveCoups websites and Services, or other resources and Services provided by LoveBook, including but not limited to claims arising out of users' violation of these Terms of Service.

Legal Venue and Dispute Resolution

By visiting any website provided by LoveBook and utilizing the related 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 must 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 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 and related Privacy Policy from time to time as it sees fit, and in any event will do so on at least an annual basis. Whenever we post updates we will alert users on the home page of our websites. Your continued use of the Services and websites will signify acceptance of any adjustment to these terms. You are advised to regularly review ourTerms of Service and Privacy Policy as well as any accompanying communications directed to users.

Contact Us

Submit Contact Request

Where appropriate, users addressing privacy matters may request direct contact with our Data Protection Officer, John Baranowski.

Snail Mail on any topic as well as fun gifts and snacks for our staff members should be sent to:

LoveBook, LLC
321 E. 2nd St.
Penthouse Suite
Rochester, MI 48307

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