Terms

LA 2014 2013

STATEMENT OF TERMS OF USE

This Statement of Terms of Use (‘TOU’) derives from the LA 2014 Community Guidelines and governs our relationship with users and others who interact with LA 2014. By using or accessing LA 2014, you agree to these Terms.

1. Privacy

Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on LA 2014. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

You can control how you share the content you post through your browser’s privacy settings, as well as with the privacy and application settings on the LA 2014 site. In order for us to use certain types of content and to provide you with the LA 2014 service, you agree to the following:

1. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with LA 2014 (“IP License”).

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed content may persist in backup copies for a reasonable period of time. The IP License granted by you continues for so long as the content you have provided remains available to LA 2014 on-line or in backup files.

3. We always appreciate your feedback or other suggestions about LA 2014, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Third Party Content, Sites and Services

1. The LA 2014 site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LA 2014, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

2. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

3. You agree that LA 2014 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that LA 2014 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release LA 2014, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature (including attorneys’ fees), known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

4. Notification of Claims of Infringement

1. If you believe that your work has been copied in any way, on the LA 2014 site, that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, with respect to the LA 2014 site, please notify LA 2014’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

legal@fertilityplanit.com.

Please provide our agent with the following notice:

a) A statement by you identifying the material on the LA 2014 site that you claim is infringing, with enough detail so that we may locate it on the website. If multiple copyrighted works are covered by a single notification, a representative list of such works;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your name, address, telephone number, and email address; and

e) Your physical or electronic signature.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is or is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.

5. Safety

We do our best to keep LA 2014 safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).

2. You will not collect users’ information, or otherwise access LA 2014, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

3. You will not upload viruses or other malicious code.

4. You will not solicit login information or access an account belonging to someone else.

5. You will not bully, intimidate, or harass any user.

6. You will not post content that is hateful, threatening, pornographic, or contains nudity, or graphic or gratuitous violence.

7. You will not use LA 2014 to do anything unlawful, misleading, malicious, or discriminatory.

8. You will not facilitate or encourage any violations of this Statement.

6. Emergency

This website was not designed to deal with medical emergencies. If you are in the USA, and suspect that you or a relative has a medical emergency, please CALL 911, an equivalent emergency number in your country, or your doctor immediately.

7. LA 2014 Does Not Provide Medical Advice

The contents of LA 2014, such as text, graphics, images, information obtained from LA 2014 licensors, and other material contained on the LA 2014 (“Content”) are for informational purposes only. The Content is not intended to provide, or to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the LA 2014.

If you think you may have a medical emergency, call your doctor or 911 (in USA), or the equivalent emergency phone number in your country, immediately. LA 2014 does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by LA 2014, its employees, others appearing on the Site at the invitation of the Site, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these kinds of materials offensive, you may not want to use our Site.

8. Registration and Account Security

LA 2014 users provide their real names and information when they register, and we need your help to keep it that way. A screen name for use on the site that is different from your real name is selected at the time of registration; we recommend that you do not use your real name as your screen name. The real name will be kept private from site users, unless this feature is selected to be public in the settings.

Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on LA 2014, or create an account for anyone other than yourself without permission.

2. You will not use LA 2014 if you are under 13.

3. You will not use LA 2014 if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.

4. You will not use LA 2014 if you are a convicted sex offender.

5. You will keep your contact information accurate and up-to-date.

6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

7. You will not transfer your account to anyone without first getting our written permission.

9. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

1. You will not post content or take any action on LA 2014 that infringes someone else’s rights or otherwise violates the law.

2. We can remove any content you post on LA 2014 if we believe that it violates this Statement.

3. We will provide you with tools to help you protect your intellectual property rights. To learn more, see Section 4 of this document, entitled ‘Notification of Claims of Infringement.’

4. If we remove your content for potentially infringing on someone else’s copyright, and you believe we removed it by mistake, we will provide you with procedures to appeal.

5. If you repeatedly infringe others’ intellectual property rights, we will disable your account when appropriate, at our discretion.

6. You will not use our copyrights or trademarks (including LA 2014, FertilityPlanit, FP, the LA 2014) and LA 2014 Logos without our written permission.

7. If you collect information from users, you will: obtain their consent, make it clear you (and not LA 2014) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

8. You will not post anyone’s identification documents or sensitive financial information on LA 2014.

10. Mobile

1. In the future we intend to provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.

2. In the event you change or deactivate your mobile telephone number, you will need to update your account information on LA 2014 within 48 hours to avoid having your messages sent to the person who acquires your old number.

11. Limitations on Service

You acknowledge that LA 2014 may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LA 2014 has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LA 2014 reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LA 2014 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Payment Terms

If you make direct payments to LA 2014 you agree to our Payment Terms.

13. Special Provisions Applicable to Share Links

If you include our future Share Link button on your website, the following additional terms apply to you:

1. We give you permission to use LA 2014’s Share Link button so that users can post links or content from your website on LA 2014.

2. You give us permission to use such links and content on LA 2014.

3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on LA 2014.

14. About Advertisements on LA 2014

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

1. We will not give advertisers the personal content you submit. In posting any content, you should be aware that advertisers may use search technologies to scan your postings for identifying content of interest to them.

2. You understand that we may not always identify paid services and communications as such.

15. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on LA 2014. The following additional terms apply to you if you place an order through our online advertising portal (“Order”):

If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:

1. When you place an Order, you will tell us the amount you want to spend, which is your “Daily Spending Limit,” and your bid for each Cost Per Click (CPC). If we accept your Order, we will deliver your ads as inventory becomes available.

2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.

3. Your ads must comply with our Advertising Guidelines.

4. We will determine the size, placement, and positioning of your ads.

5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.

6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.

7. You will not offer any contest or sweepstakes (“promotion”) without our prior written consent. If we consent, you take full responsibility for the promotion and will follow all applicable laws.

8. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.

9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it, and may remain in backup files.

10. We can use your ads and related information for marketing or promotional purposes at any time.

11. You will not issue any press release or make public statements about your relationship with LA 2014 without written permission.

12. We may reject or remove any ad for any reason.

13. You warrant that you have the legal authority to bind the advertiser to this Statement.

14. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

16. Amendments

1. We can change this Statement so long as we provide you notice through LA 2014 (unless you opt-out of such notice) and an opportunity to comment.

2. For changes to sections relating to payments and advertisers, we will endeavor to give you a minimum of three days notice. For all other changes we will endeavor to give you a minimum of seven days notice.

3. We can make changes for legal or administrative reasons without notice and without opportunity to comment. We will generally try to notify you, but have no obligation to do so.

17. Termination

If you violate the letter or spirit of the Terms of Use, we reserve the right to stop providing all or part of LA 2014 to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account at any time.

In all such cases, the Service may be terminated with respect to your use, but some provisions of this Statement will still apply.

18. Severability

If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising by you out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Violation of Terms and Liquidated Damages

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:

complain@fertilityplanit.com.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LA 2014 to pursue legal action to enforce these Terms, you will be liable to pay LA 2014 the following amounts as liquidated damages, which you accept as reasonable estimates of LA 2014’s damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) includes personal or identifying information about another person without that person’s explicit consent, you agree to pay LA 2014 one thousand dollars ($1,000) for each posting of each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If LA 2014 establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay LA 2014 one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access LA 2014 in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to LA 2014 email addresses or through LA 2014 computer systems, you agree to pay LA 2014 twenty-five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you agree to pay LA 2014 one hundred dollars ($100) for each Item of Content posted, each time it is posted. In its sole discretion, LA 2014 may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay LA 2014 one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay LA 2014 an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without LA 2014’s express written permission, you agree to pay LA 2014 three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay LA 2014’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, LA 2014 retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

20. Disputes

1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or LA 2014 in a state or federal court located in San Francisco County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.

2. If anyone brings a claim against us related to your actions or your content on LA 2014, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

3. WE TRY TO KEEP LA 2014 UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FERTILITY PLANT “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LA 2014 WILL BE SAFE OR SECURE. LA 2014 IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ‘1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR LA 2014, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR LA 2014 WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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. IN SUCH CASES, FERTIILITY PLANIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

21. Definitions

1. By “LA 2014” we mean the features and services we make available, including through our website at www.fertilityplanit.com and other media, devices or networks now existing or later developed.

2. By “us,” “we” and “our” we mean LA 2014 LLC and/or its affiliates.

3. By “content” we mean the content and information you post on LA 2014, including information about you and the actions you take.

4. By “post” we mean post on LA 2014 or otherwise make available to us.

5. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

22. Other

1. This Statement makes up the entire agreement between the parties regarding LA 2014, and supersedes any prior agreements.

2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

3. If we fail to enforce any of this Statement, it will not be considered a waiver.

4. Any amendment to or waiver of this Statement must be made in writing and signed by us.

5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

7. Nothing in this Agreement shall prevent us from complying with the law.

8. This Statement does not confer any third party beneficiary rights.

You may also want to review the following documents:

Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.

Payment Terms: These additional terms apply to all payments made on or through LA 2014.

Advertising Guidelines: these guidelines outline the policies that apply to advertisements placed on LA 2014.

 

General questions about LA 2014? Click here to Contact us