Effective: December 20, 2021
The design, content, graphics, compilation, magnetic translation, organization, digital conversion and other matters related to the Lori Platform are protected under applicable copyrights, trademarks and other proprietary rights, including without limitation, intellectual property rights. Except as otherwise permitted in this Agreement, you are strictly prohibited from copying, redistributing, using, or publishing any such matters or any part of the Lori Platform. You do not acquire ownership rights to any content or other materials viewed through the Lori Platform. The Lori Platform may include postings of information or materials, but such postings do not constitute a waiver of any right in such information and materials. Except as specifically provided in this Agreement, you may not use the Lori Platform or any content retrieved from the Lori Platform in any manner that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in the Lori Platform.
Lorica Trademarks and Service Marks
LORICA, Lori and any related marks are trademarks or registered trademarks of Lorica or its affiliates. The Lori Platform, including, without limitation, its graphics, logos, page headers, icons, and scripts constitute trade dress of Lorica. You may not use or reproduce, or cause to be used or reproduced, Lorica’s trademarks, service marks or trade dress, without prior written approval from Lorica. Lorica’s trademarks, service marks, and trade dress may not be used in connection with any product or service that is not affiliated with Lorica. Lorica’s trademarks, service marks, and trade dress may not be used in any manner that (i) dilutes the rights of Lorica, (ii) disparages or discredits Lorica, or (iii) is likely to cause confusion among the general public. Any trademarks that are not Lorica trademarks and that appear in the Lori Platform are the property of their respective owners, who may or may not be affiliated with or sponsored by Lorica.
License to the Lori Platform
For as long as you continue to access the Lori Platform, you are granted a non-exclusive, non-transferable, revocable, non-sublicensable, limited license to access and use the Lori Platform strictly in accordance with this Agreement and solely for your personal use and not for commercial purposes. Your right to use the Lori Platform is not transferable or assignable. Any password or right given to you to obtain access to the Lori Platform or information from the Lori Platform is not transferable or assignable. Lorica may change the Lori Platform without notice. Lorica may add or remove content from the Lori Platform without notice.
Electronic (and other) Communications
We may provide Communications to you by one or more of the following methods: (1) via e-mail; (2) via telephone call; (3) on the Lori Platform; (4) via text message or mobile message service; or (5) any other method to the extent permissible by law. “Communications” means all notices, reports, documents, disclosures or other information that we are required to provide to you by law, or as reasonably necessary to provide the services through the Lori Platform. Communications also means any marketing offers we may send through any of the methods identified below or any other electronic medium allowed by law, or surveys or questionnaires seeking input and feedback on the Lori Platform.
You may withdraw your consent to receive marketing Communications electronically by using the unsubscribe link in such e-mail marketing Communications, or by replying “STOP” to the most recent text message you received. You agree to allow us a reasonable amount of time to process your request. You may update your Communication settings in the Lori Platform. You may request a paper copy of Communications by emailing us at email@example.com. We may charge you a reasonable service fee for a paper copy. If you cannot access your Communications, you must promptly notify us so we can help identify the issue, or arrange to have the Communications delivered via alternative means.
It is your responsibility to provide us with accurate contact information, which may include, but is not limited to a valid e-mail address you must promptly advise us of any changes in your contact information.
By providing your phone number, you allow us or others on our behalf to send you marketing or servicing Communications by automated SMS, MMS, text message, or other electronic means (collectively, “SMS Messages”). This isn’t required in order to purchase from us. You represent that you are the account holder for the phone number that you provide.
Fees; Credit/Debit Card Transactions
Fees to be charged to you for your use of the Lori Platform or the services provided by the Lori Platform, are disclosed when you enroll in the services. You agree to pay any fees due for and incurred by your use of the Lori Platform. Our payment processor may retain the credit/debit card details you provide after payment has been made if you provide consent, if required by our payment processor, or as required by law. We do not maintain any security code that you may have given to us in order to complete payment of the fees (if any). Our payment processor is PCI-compliant. Except in exceptional circumstances, any refund we provide to you for any payment you have made by credit/debit card is made back to the credit/debit card account use to make the initial payment.
You must maintain the accuracy of the information you provide to Lorica relating to your account. You are responsible for keeping your account and password strictly confidential. Furthermore, you are responsible for restricting access to your computer or mobile device. If you share your account to Lorica with other persons or provide your password to other persons, you take full responsibility for their actions. If you elect to use public or shared computers or unprotected mobile devices, you must log out after each time you access the Lori Platform. If you are a victim of identity theft and it involves your Lori Platform account, you should immediately notify Lorica. Lorica reserves the right to place a hold on any account, at any time, with or without notification to you in order to protect Lorica and its partners from what it believes to be fraudulent activity.
The Lori Platform may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Lori Platform and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Lori Platform and this Agreement; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of us or our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, you shall retain all of your ownership rights in your User Submissions.
By submitting a User Submission, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission in connection with the Lori Platform and our (and our successors’ and assigns’) businesses, including, without limitation, for marketing or promotional purposes, in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or your use of the Lori Platform. To the extent any User Submission you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.
For clarity, the foregoing license grant does not affect your ownership or other license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting a User Submission through the Lori Platform, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission.
We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time we choose, in our sole discretion, to monitor User Submissions, we nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, we do not endorse and have no control over the content of User Submissions submitted by other users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, we reserve the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
Digital Millennium Copyright Act Compliance
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of users that are determined by us to be "repeat infringers." A repeat infringer is a user who has been notified by us of infringing activity violations more than twice and/or who has had a User Submission removed from the Lori Platform more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on or through the Lori Platform infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing:
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Violations of this Agreement and Unlawful Activity
Lorica reserves the right to investigate complaints or reported violations of this Agreement. We reserve the right to take any action we determine, in our sole discretion, appropriate, including without limitation (i) reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; (ii) disclosing any information required or appropriate to such officials or entities relating to your account, email address(es), traffic and usage history, and IP address(es).
Indemnification and Disclaimer of Warranties
You agree to indemnify and hold us, our affiliates, partners, and licensors, and our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), demands, losses and expenses (including legal and other professional fees) arising from or in any way related to your use of the Lori Platform, any violation of this Agreement, or any other actions connected with your use of the Lori Platform (including all actions taken under your account). We reserve the right, on notice to you, to assume exclusive defense and control of any claim or action, subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify us of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of us. In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE LORI PLATFORM IS AT YOUR SOLE RISK. THE LORI PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT THAT (i) THE LORI PLATFORM WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE LORI PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY DEFECTS OR ERRORS IN THE LORI PLATFORM WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LORI PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE, RECOMMENDATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE LORI PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Documents, information, graphics and other Materials appearing on the Lori Platform may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at Your own risk.
SEE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
Limitation of Liability and Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE LORI PLATFORM, OR THE SERVICES PROVIDED THROUGH THE LORI PLATFORM, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE LORI PLATFORM; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE LORI PLATFORM; OR (7) ANY OTHER MATTER RELATING TO THE LORI PLATFORM.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE LORI PLATFORM, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE LORI PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS ($50.00 USD), WHICHEVER IS GREATER.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Terms Applicable if Accessing the Lori Platform through Apple iOS
If you are accessing or using the Lori Platform through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into this Agreement:
Compliance with Applicable Laws