Updated May 9, 2022
LoveStories.com (this “Site”), is owned by David Sams Corporation, a Tennessee corporation (“DSS”) and is operated by Contagious, Inc., a Tennessee corporation (collectively, the “Company” or “us” or “we”). Except as noted herein, the Company is solely responsible for the content on this Site and for the Services.
By using this Site or any of the Services, by commenting or submitting a photo and/or video to us, by tagging us on social media with photos/videos, or posting to our social media pages with photos/videos, you contractually agree to be bound by these Terms as well as all applicable laws.
In order to use some Services, you may be required to download other software or content and/or agree to additional terms and conditions, including without limitation, those provided by third parties. Unless otherwise expressly stated, any additional terms and conditions are hereby incorporated into these Terms.
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION OF THESE TERMS CONTAIN PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND THE COMPANY TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND THE COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
We reserve the absolute right to modify these Terms at any time, without notice, so you should review them from time to time in order to be aware of any changes that may affect you and/or your use of the Services. Modified Terms will be designated by an updated version on the Site. We also reserves the right to add, modify, or cancel any Service for any reason or no reason.
Nature of the Site and the Services – Informed Consent
The Site and the Services are intended to provide the user with Biblically based life coaching and spiritual guidance and are provided for information and entertainment purposes only. By using this Site and the Services, you acknowledge and agree to the following:
•You are voluntarily participating in a process of Biblically based life coaching and spiritual guidance.
•You understand that coaching is a collaborative process, designed to encourage, support, challenge, inspire and assist you in meeting your goals. We cannot and do not guarantee you any specific result or outcome.
•You understand that coaching is not psychotherapy or counseling. It does not address mental disorders as defined by the American Psychiatric Association and coaching is not a substitute for counseling, psychotherapy, mental health care or substance abuse treatment. You understand that coaches are not acting as a counselor or psychotherapist.
•You understand that if you appear to be, or indicate that you are, a danger to yourself or to others, we may be required, by law, to notify the appropriate professionals and/or authorities.
Registration and Security
You take full responsibility for your participation on the Site. As a condition of using certain features of the Site, you may be required to register and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. We reserve the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Services without our permission. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. Registration is non-transferrable.
You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password.
Access to Site and the Services
The Site and the Services are intended solely for your personal, non-commercial use. We may change, suspend or discontinue the Site (or any feature thereof) at any time. We may also impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site or Services without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control.
The Services are not intended to be used by children. If you are under the age of 18, you are not permitted to register with us, provide your personal information to us or purchase or use any Service.
These Terms remain in full force and effect while you use the Services. You may terminate your account on the Site at any time, for any reason, by emailing info@LoveStories.com with the Subject Line: Terminate My Account. We may terminate your account and/or access to the Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Services is terminated by you or by us, these Terms will remain in effect with respect to your past and future use of the Site or the Services. Any rights to your account terminate upon your death.
You acknowledge that we reserve the right to charge fees for certain premium services (“Premium Services”). Some Premium Services may require a monthly subscription fee. For any Premium Service with a subscription fee, we will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Premium Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or price adjustment thereto and you will be responsible for paying such subscription fee for so long as your subscription continues.
Purchasing Premium Services or Products
By placing an order for any Premium Product or Service, you represent and warrant that: (i) you are an authorized user of any credit or debit card(s) or other payment method (s) used in connection with the order; and that (ii) the information you supply to us and/or our Processor is true, correct and complete.
We reserve the right to refuse or cancel any order if fraud or an unauthorized or illegal transaction is suspected.
For any subscription Premium Service, you will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription Service. At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your subscription by contacting the Company directly at firstname.lastname@example.org with your name, email, and reason for cancellation. You will not receive a refund for previously paid fee and You will be able to access the Service until the end of your current subscription period.
While paid subscription fees and other purchases are nonrefundable, we want you to be happy with your purchase. If you are unhappy with any Premium Service or Product, please contact us at info@LoveStories.com with your name, email address, the Premium Service or Product purchased or subscribed to and a description of the problem. We will make every effort to resolve your concerns and will make refunds on a case-by-case basis.
Third-Party Links and Services
In certain cases, Site will include links to third-party websites or services (“Third-Party Sites”). We are not a party to any resulting transaction between you and the Third-Party Site and are not responsible for the acts or omissions of the third-party. When you engage with a Third-Party Site, you are interacting with the third party, not with us.
Limited Content License
The Services are offered for your personal use only and may not be used for commercial purposes. The Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, our names, trade names, logos, designs, and any other materials or content (collectively, "Content") of the Company, its licensors, or assignors ("Company Content"), as well as Content provided by users or other third parties. We hereby grant you a limited, revocable, non-sublicensable license to access and display the Company Content solely for your personal, non-commercial use in connection with using the Services. Except as provided in these Terms or as explicitly allowed on the Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Company Content without our consent.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site.
Restrictions on Use of Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Site or in connection with the Services (collectively, "User Content"). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the Services to:
•Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
•Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
•Harass or harm another person;
•Exploit or endanger a minor;
•Impersonate or attempt to impersonate any person or entity;
•Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including our servers, networks or accounts;
•Cover, remove, disable, block or obscure advertisements or other portions of the Services;
•Delete or revise any information provided by or pertaining to any other user of the Services;
•Solicit, collect or request any personal information for commercial or unlawful purposes;
•Post, upload or otherwise transmit an image or video of another person without that person's consent;
•Engage in commercial activity (including but not limited to advertisements or solicitations of business) without our prior written consent;
•Use the Services to advertise or promote competing services;
•Use the Services in a manner inconsistent with any and all Applicable Law;
•Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
We reserve the right, but disclaims any obligation or responsibility, to remove User Content that violates these Terms, as determined by us, or for any other reason, in our sole discretion and without notice to you.
We reserve the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and we assume no responsibility for any loss of your User Content due to its being removed by us or for any other reason.
User Content on Message Boards and Forums
The Site and Services may offer users the ability to post messages on interactive areas as a part of the Services (collectively, "Forums"), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. We reserve the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in our sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and we cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. We are not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.
Your Proprietary Rights in and License to Your User Content
By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant to the Company and our licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, the Company is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including the Services. Our use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint the Company as your agent with full authority to execute any document or take any action the Company may consider appropriate in order to confirm the rights granted by you to the Company in this Agreement. Subject to the foregoing license, we do not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with the Services.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the transmission of User Content by you on, through or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Services or Third Party Services.
If you delete your User Content from the Site, our license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the back-up copies of the Site, which are not publicly available. Furthermore, to the extent that the Company made use of your User Content before you deleted it, the Company retains the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Site will not result in, and we assume no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Site, and (ii) termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
We respect the intellectual property of others and requires that our users do the same. We reserve the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a proper notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3).
If you believe material on the Services infringes your copyright.
If you believe that any material residing on or linked to from the Services infringes your copyright, you must send us a written notification of claimed infringement to legal@LoveStories.com that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. We can be notified of claimed infringement at: email@example.com
If you posted material to the Service that was removed due to notice by a copyright owner.
If you posted material to the Services that we removed due to a notice of claimed infringement from a copyright owner, you may provide a written counter-notification to legal@LoveStories.com that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, (iv) a statement by you, made under penalty of perjury, that you are the owner of the exclusive rights to the material in question or that you are authorized to act on the owner's behalf; (v) a statement by you that the above information in your notification is accurate; and (vi) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Your Exposure to Others' User Content
You understand that we do not control the User Content posted by users via the Services or Third-Party Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. We assume no responsibility or liability for User Content. If you become aware of any misuse of the Services, including in violation of any "Restrictions on Use of Services," please report it immediately to us. We assume no responsibility for monitoring the Services for inappropriate User Content or user conduct. If at any time, we choose in our sole discretion to monitor the Services, we nonetheless assume no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third Party Content
We have no editorial control over content supplied by third parties and users of the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including User Content, are those of the respective author(s) or distributor(s) and not of the Company. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. We neither endorse nor are responsible for the accuracy or reliability of any opinion, commentary, analysis, advice or statement made on the Services by any third-party or user.
Correction of Errors and Inaccuracies
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability, or otherwise.
You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, (d) your breach of these Terms or the documents they incorporate by reference, or (e) your violation of the rights of a third-party.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Site or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Resolution of Disputes
OUR AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In the event of any dispute, claim or controversy arising out of or relating to these Terms or the breach thereof, the parties agree to first attempt to resolve such dispute by non-binding mediation, which shall be conducted under the then current mediation procedures of The American Arbitration Association (see www.adr.org for rules) The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Either party may commence the mediation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. Within ten (10) days after the receipt of the foregoing notice, the other party shall deliver a written response to the initiating party's notice. The initial mediation session shall be held within thirty (30) days after the initial notice. The parties agree to share equally the costs and expenses of the mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation). Any mediation will be held in Dallas County, Texas.
The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Any controversy or claim arising out of, or relating to, these Terms or the breach thereof, that the parties have first failed to resolve through mediation shall be resolved by binding arbitration, conducted by American Arbitration Association in accordance with its rules and regulations. Judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof. Any arbitration will take place in Dallas County, Texas.
International Use of the Site
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Site or Services constitutes the entire agreement and understanding between you and us and govern your use of the Site or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
If you have any questions about these Terms, you can contact us by email at firstname.lastname@example.org