lifery.club Terms of Service

Welcome to lifery.club! By using lifery.club (including by simply viewing content on lifery.club (the “Site”), you are agreeing that you will abide by the terms of the following User Agreement, which is set forth in its entirety below. Your access to and use of lifery.club is conditioned on your acceptance of and compliance with this User Agreement.

User Agreement

This User Agreement (the “Terms”) describes the terms on which we offer you access to the Service, defined below. Capitalized terms used in these Terms shall have the meanings set forth below under “Definitions” or in the text of these Terms. Our offer to allow you to access the Service is conditioned on your agreement to all of the terms and conditions contained in these Terms, including your compliance with the policies and terms linked to (via URLs or hyperlinks) from this Agreement, including our Privacy Policy. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Service in any way. Your use of any of the Service constitutes your agreement to these Terms.

We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Service following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Service upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms, and read the messages we send you to inform you of any changes.

DEFINITIONS

“Company” or “lifery.club” or “We” shall mean lifery.club Media LLC, and/or any successors, affiliates or subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors, individually and collectively, doing business as lifery.club or otherwise.

“Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded to the Site or otherwise integrated into the Service, including User-Contributed Content.

“Company” shall mean the platform hosting the Site prior to September 9, 2016.

“Service” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.

The “Site” shall mean lifery.club.

“User-Contributed Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded to the Site or otherwise integrated into the Service by a third-party.

1. Using the Site

Eligibility: You may use our Service only if you are capable of forming a binding contract with lifery.club in compliance with the Agreement.

User Responsibilities: You are solely responsible for your use of our Service, and for any consequences thereof.

No Changes to the Software/Prohibited Uses: In exchange for being permitted to use the Service, you agree that you will not:

2. User-Contributed Content

Prior to September 10, 2016, registered third-party Company users were able to contribute User-Contributed Content to the Site (“Company Contributors to lifery.club”). In exchange for the ability to do so, Company Contributors to lifery.club agreed to certain representations and obligations (the “Company Terms of Use” and “Company Content Guidelines”), including that Company Contributors to lifery.club should only have provided User-Contributed Content that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. lifery.club reserves the right, but is not obligated, to remove any User-Contributed Content in its sole discretion, including, but not limited to, User-Contributed Content it deems in violation of the Company Terms of Use and Company Content Guidelines. lifery.club does not control or endorse the content, messages or information found in User-Contributed Content or external sites that may be linked to or from a lifery.club product or its forum and, therefore, lifery.club specifically disclaims any responsibility with regard thereto. lifery.club shall have no liability for the User-Contributed Content or interactions of Company Contributors to lifery.club with other users, or for any Company user’s action or inaction. Notwithstanding the foregoing, any questions or concerns relating to User-Contributed Content should be directed to: email: [email protected]; mail: 10 East 53rd Street, 33rd Floor, New York, New York 10020; telephone: (212) 388-4000.

3. Licensing Agreements

Site License: All right, title, and interest in and to the Service (excluding User-Contributed Content) shall remain the exclusive property of lifery.club and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the lifery.club name or any of the lifery.club trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding lifery.club or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to your acceptance of these Terms, lifery.club grants you a Creative Commons Attribution Non-Commercial License, which is a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only (i.e. you may not use the Service to provide or serve or permit others to provide or serve ads or contests or sweepstakes), and as permitted by the features of the Service. This license does not include the right to republish images or other content which lifery.club Media LLC does not own the copyright for or have permission to license in this way. lifery.club reserves all rights in the Service and Content not expressly granted herein. lifery.club reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.

4. Privacy

We care about the privacy of our users. You understand that by using the Service you consent to the collection, use, and disclosure of aggregate data as set forth in our Privacy Policy, and to have that data collected, used, transferred to and processed in the United States and abroad.

5. Information Sharing

lifery.club has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.

Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information. If you become aware of a security issue, please contact us by email at [email protected], by phone at (212) 388-4000, and/or by mail at 10 E. 53rd St., 33rd Floor, New York, NY 10020.

Our servers automatically record information ("Log Data") created by your use of the Service. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Service, for example, when you visit the Site. The Company may log all internet protocol addresses accessing the Service and other information about users' access, and maintain backup copies of Content indefinitely.

The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message or User-Contributed Content posted by you or where such information is otherwise relevant.

6. Third-Party Links Disclaimer and Release

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by lifery.club. lifery.club does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and lifery.club’s Privacy Policy do not apply to your use of such sites. You expressly release lifery.club from any and all liability arising from your use of any third-party website, service, or content. Your dealings with or participation in promotions of third parties found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that lifery.club shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

7. Copyright Policy and Third Party Rights

If lifery.club receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Service, we reserve to right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.

To file a notice of copyright infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion.

In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers! To enable us to address your concerns, please provide the following information:

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Site.

8. Termination of Agreement

You may discontinue your use of the Service at any time without informing us.

lifery.club may, without prior notice, change the Service, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend access to the Service without notice and liability for any reason.

All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to lifery.club or any third party.

Deletion of User-Contributed Content. On termination of the Service or upon deletion of particular pieces of User-Contributed Content from the Service, you acknowledge and agree that: (a) caching of, copies of, or references to the User-Contributed Content may not be immediately removed; (b) such removed User-Contributed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed User-Contributed Content may be available (and stored on servers) through the accounts of Company users, because of liking. You agree to release and indemnify lifery.club from all claims related to the retention of deleted content.

9. Indemnity

You agree to defend, indemnify and hold harmless lifery.club and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.

10. Warranty, Disclaimer, and Limitations of Liability

Your access to and use of the Service or any Content is at your own risk.

SERVICE IS AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, GAWKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

lifery.club makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. lifery.club also makes no representations or warranties of any kind with respect to Content; User-Contributed Content, in particular, was provided by and is solely the responsibility of the Company Contributors to lifery.club who contributed that Content. No advice or information, whether oral or written, obtained from lifery.club or through the Service, will create any warranty not expressly made herein.

Release From Liability: Where applicable, you release, to the fullest extent permitted by law, lifery.club, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) Disputes between Company users, including those between you and other Company users; (ii) Third party sites and services, including content found on such sites and services; (iii) Disputes concerning any use of or action taken using your Company account by you or a third party; (iv) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Company account, including unauthorized use or alteration of such communications or your Content.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAWKER, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GAWKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GAWKER AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).

11. Waiver, Severability & Entire Agreement

Waiver: The failure of lifery.club to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement: These Terms, including our Privacy Policy, are the entire and exclusive agreement between lifery.club and you regarding the Service (excluding any services for which you have a separate written agreement with lifery.club that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between lifery.club and you regarding the Service.

12. Legal Disputes

Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and lifery.club, except as otherwise stated in these Terms.

Binding Arbitration. If you and the Company are unable to resolve a dispute through informal negotiations, either you or the Company may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and lifery.club must be resolved exclusively by a state or federal court located in New York City, New York. You and lifery.club agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.

13. Statute of Limitations.

You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms (including the Privacy Policy) must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Notification of Changes to Terms of Service.

Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use any of the Service, you agree and accept the changes and agree to the Terms.

15. Effective Date.

This statement of the User Agreement is effective as of September 9, 2016 and as updated by us from time to time subject to the notice language contained in the Terms.