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Terms of Service

Last updated  September 18, 2018

This page describes the terms and conditions that govern your use of certain Life & Thyme digital products, including lifeandthyme.com offered by Life & Thyme, Inc. (“Life & Thyme, Inc.” or “L&T” or “us” or “we”). For information on how Life & Thyme collects, uses and shares any personal information, please see our Privacy Policy.

1. GENERAL RULES AND DEFINITIONS

1.1 When you choose to use lifeandthyme.com (the “Site”), L&T’s mobile sites, any of the features of this Site, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you agree to abide by all of the terms and conditions of these Terms of Service.

1.2 We may edit, add or remove portions of these Terms of Service at any time, which become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site, you agree to any changes.

1.3 IF ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY VISITING YOUR ACCOUNT PAGE.

(SEE SECTION 8 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. CONTENT ON THE SERVICES

2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published on the Services (including, but not limited to stories, news articles, images, photographs, illustrations, audio clips and video clips, also known as the “Content”) are protected by US copyright, and owned or controlled by Life & Thyme, Inc. or the party credited as the provider of the Content. You shall abide by all additional copyright noticesin any Content accessed through the Service.

2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Life & Thyme, Inc. or the copyright holder identified in the copyright notice contained in the Content.

2.4 The Content of the Services is owned or licensed to L&T.

3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS AND MORE

3.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

Use courteous language. The online conversation flourishes only when our Members feel safe. You agree not to use language that discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

Personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.

3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of L&T, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Life & Thyme, Inc. and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.

3.4 You grant L&T a perpetual, non-exclusive, worldwide, royalty free, sub-licensable license to the Submissions, which includes the right for L&T or any third party it designates, without limitation, to use, publish, copy, excerpt, distribute, publicly display, create derivative works of, host, index, cache, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by L&T, including any Submission posted on or to the Services through a third party.

3.5 You are responsible for the content of your Submissions. However, while L&T does not review every Submission and is not responsible for the content of these messages, L&T reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

4. USE OF THE SERVICES

4.1 You may not access or use the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.

4.2 The Services contain links to other related internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless L&T and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. L&T reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 L&T does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

6. REGISTRATION AND SECURITY

6.1 As part of the account creation process, you will create login credentials by selecting a username, password and providing an email address. You also have to give us certain registration information, all of which must be accurate and updated.

Each registration is for a single user only. You shall not share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the L&T Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of L&T. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

6.2 Please notify membership@lifeandthyme.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 13 years or older to subscribe to all parts of the Services.

6.4 You are responsible for all usage or activity on your lifeandthyme.com account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

7. FEES AND PAYMENTS

7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services without your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

7.2 Processing and Payment. L&T will process your purchase as promptly as possible. There may be a delay in the activation of your product while payment details are verified.

We accept major credit cards and PayPal. We reserve the right to reject any order or purchase at any time.

If your initial payment authorization is later revoked, your subscription, product or access will be terminated.

Unless specified otherwise in the Cancellation and Refund Policy below, all charges are nonrefundable.

To view or change your payment method, visit your Account page.

7.3 Pricing. When you purchase a digital product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

All prices are in United States Dollars, unless otherwise stated.

L&T reserves the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward.

Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

7.4 Additional Costs. When you use your digital product, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

7.5 Billing. We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.

All L&T digital subscriptions are renewed automatically. When we renew your subscription, we will use the payment method currently associated with your account. If you redeem a gift subscription and choose to extend your subscription at the time of redemption, that subscription will renew automatically. In most cases, you will not be notified in advance of impending renewals.

7.6 Unpaid Charges. If your credit card expires or your payment method is otherwise invalid, your subscription or product will not automatically be terminated. You will remain responsible for all charges.

You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.

8. CANCELLATION AND REFUND POLICY

When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. To cancel your subscription, visit the Subscription section under your Account page.

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period. One-time purchases cannot be canceled or refunded.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Changes to Content or Access

We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

Cancellations by Us

We reserve the right to suspend or terminate your subscription/account or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

9. SOFTWARE LICENSES

9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by Lifeandthyme.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

10. MISCELLANEOUS

10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Los Angeles County.

10.2 Nothing in these Terms of Service will serve to preempt the promises made in the Privacy Policy.

10.3 Correspondence should be sent to membership@lifeandthyme.com.

10.4 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to: copyrights@lifeandthyme.com

 

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