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ForestofLove.com - Terms of Service

ForestofLove.com is a free service that allows members to create a personalized virtual tree carving for the purposes of sending or displaying the carving to friends or a loved one. The services offered by ForestofLove.com ("Forest of Love" or "we") include the use of our automated website to create such a carving, a page upon which to display it, the technology available on the website to promote it to others, and other features offered by ForestofLove.com. ForestofLove.com and it's services are hosted in the US.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Forest of Love services. By using the Forest of Love services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ForestofLove.com Website) or you are a "member" (which means that you have registered with ForestofLove.com). The term "user" refers to a Visitor or a member. You are only authorized to use the ForestofLove.com services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the ForestofLove.com Website and discontinue use of all Forest of Love services immediately. If you wish to become a member and use our services, you must read this Agreement and indicate your acceptance during the registration process.

Forest of Love may modify this Agreement from time to time and such modification shall be effective upon posting by Forest of Love on the ForestofLove.com Website. You agree to be bound to any changes to this Agreement when you use the Forest of Love services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on ForestofLove.com. Your ForestofLove.com carving information may not include the following items: telephone numbers, street addresses, and any material containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other ForestofLove.com members (for instance, on their tree page) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ForestofLove.com assumes no responsibility or liability for this material. If you become aware of misuse of the ForestofLove services by any person, please contact ForestofLove or click on the "Report Inappropriate content" link at the bottom of any ForestofLove.com tree page.

ForestofLove.com reserves the right, at its sole discretion, to reject or refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Forest of Love services at any time, for any or no reason, with or without prior notice, and without liability. Forest of Love expressly reserves the right to remove your account and/or tree and/or restrict, suspend, or terminate your access to any part of Forest of Love services if Forest of Love determines, in its sole discretion, that you pose a threat to ForestofLove.com and/or its users.

Eligibility:
Use of and membership on ForestofLove.com is void where prohibited. By using the Forest of Love services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Forest of Love services does not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under 14 years of age.

Fees:
You acknowledge that ForestofLove.com reserves the right to charge for the Forest of Love services and to change its fees from time to time in its discretion. If ForestofLove.com terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Password:
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You agree to notify ForestofLove.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by members:
The Forest of Love services are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ForestofLove.com. Illegal and/or unauthorized use of the Forest of Love services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Forest of Love Website is prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Forest of Love services.

Content:
By displaying or publishing ("posting") any content on or through the Forest of Love services, you hereby grant to ForestofLove.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the Forest of Love services. ForestofLove.com may delete any content that in the sole judgment of ForestofLove.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ForestofLove.com assumes no responsibility for monitoring the Forest of Love services for inappropriate content or conduct. If at any time ForestofLove.com chooses, in its sole discretion, to monitor the Forest of Love services, ForestofLove.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Forest of Love services. ForestofLove.com reserves the right to investigate and take appropriate legal action against anyone who, in ForestofLove.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the ForestofLove.com Website and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of ForestofLove.com:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains violent or offensive subject matter or contains a link to an adult website;
  • provides any telephone numbers, street addresses, URLs or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;


  • Disclaimers:
    ForestofLove.com is not responsible for any incorrect or inaccurate content posted on the ForestofLove.com Website or in connection with the Forest of Love services, whether caused by users of the Forest of Love services or by any of the equipment or programming associated with or utilized in the Forest of Love services. ForestofLove.com is not responsible for the content, accuracy or opinions expressed on any websites we link to, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ForestofLove.com. Inclusion of any linked website on ForestofLove.com does not imply approval or endorsement of the linked website by ForestofLove.com. When you access these third-party sites, you do so at your own risk. ForestofLove.com takes no responsibility for third party advertisements which are posted on the ForestofLove.com Website or through the Forest of Love services, nor does it take any responsibility for the goods or services provided by its advertisers. ForestofLove.com is not responsible for the conduct, whether online or offline, of any user of the Forest of Love services. ForestofLove.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. ForestofLove.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Forest of Love services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Forest of Love services. Under no circumstances shall ForestofLove.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Forest of Love services, attendance at a ForestofLove.com event, from any content posted on or through the Forest of Love services, or from the conduct of any users of the Forest of Love services, whether online or offline. The Forest of Love services are provided "AS-IS" and as available and ForestofLove.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ForestofLove.com cannot guarantee and does not promise any specific results from use of the Forest of Love services.

    Limitation on Liability:
    In no event shall ForestofLove.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if ForestofLove.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ForestofLove.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ForestofLove.com for the Forest of Love services during the term of membership.


    Indemnity:
    You agree to indemnify and hold ForestofLove.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Forest of Love services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the ForestofLove.com Website or through the Forest of Love services causes ForestofLove.com to be liable to another.

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