Terms of Service
Effective Date: November 7th, 2018
Thank you for your interest in Lifecake! We invite you to access our Web sites and use our Service (as defined below), but please note that your use is subject to your review and agreement with certain terms and conditions. These terms and conditions are set forth in this document, and in certain other policies, guidelines and other terms or conditions that may be presented to you from time to time at other locations in our web sites in connection with specific service offerings (all of which may be updated from time to time and are collectively referred to as our Terms of Service). You need not accept this requirement to agree to our Terms of Service, but if you reject our Terms of Service you do not have any right to accessor use our Service. If you do access our website and use our Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with Lifecake Ltd (Lifecake, we, and sometimes us). You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which will be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at on our Website and we will indicate the effective date of each update at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
1. SERVICE DESCRIPTION The Lifecake Service consists of applications and Websites hosted or made available by Lifecake, which you may use or access for uploading, capturing, organising, searching, commenting on, storing, sharing and printing photos, videos, slideshows, stories and comments, on multiple computer and network platforms, now known or hereafter developed (collectively, the Service).
2. USE OF SERVICE Subject to your compliance with these Terms of Service, Lifecake grants you a limited, personal, non-commercial, non-sublicensable, non-exclusive license to utilise the Service In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username, password, an email address and similar data (together, the Account Information) to access or use the Service, or to enable another to access, use and modify your notebooks. You are responsible for maintaining the confidentiality of your Account Information and you will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify Lifecake of any unauthorised use (suspected or actual) of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices, Internet service provider and data charges).
(q) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person's entries or other content when you have not been granted the right to do so; (r) access (or attempt to access) any of the Service by any means other than through the interface that is provided by Lifecake, or access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or; (s) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service; (t) take any action that would use Lifecake's trademarks and/or copyright save as permitted under these Terms of Service; and (u) for public notebooks, you further agree NOT to upload or display content that: (i) contains sexually graphic material, or material that is otherwise deemed explicit by Lifecake; or (ii) contains threatening, abusive, harassing, defamatory, libellous, invasive, hateful, or racially, ethnically or otherwise objectionable. If you encounter any of these prohibited uses, you should contact us immediately. You understand that, notwithstanding our efforts and these Terms of Service, you may be exposed to offensive, indecent or objectionable Content when using the Service, and, accordingly, you use the Service at your own risk.
5. PROPRIETARY RIGHTS, LICENSES AND LIMITATIONS Lifecake Rights You acknowledge and agree that Lifecake (and any licensors of Lifecake) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service. You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trade mark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service. Except for the limited license rights specifically granted to you in these Terms of Service, Lifecake and its licensors own and shall retain all rights, title and interest, including, without limitation, intellectual property rights, in and to the Service and all software utilised therein(and all copies thereof and related materials that are provided or made available to you with the Service). In order to enable Lifecake to operate the Service, we need to obtain from you a licence and other rights to the Content you submit (so that our processing, maintenance, storage, technical reproduction, back-up, transmission, distribution and display, and related handling of your Content does not infringe applicable copyright, intellectual property and other laws).Accordingly, by using the Service and posting Content, you grant Lifecake a license to display, perform, transmit and distribute your Content, and to modify (for technical purposes) and reproduce such Content to enable Lifecake to operate the Service. (You also agree that Lifecake has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.) You agree that these rights and licenses are royalty free, perpetual and worldwide, and include a right for Lifecake to make such Content available to, and pass these rights along to others with whom Lifecake has contractual relationships related to the provision of the Lifecake Service, solely for the purpose of providing such services, and to otherwise permit access to your Content to third parties if Lifecake determines such access is necessary to comply with its legal obligations. Except for the limited license and other rights granted in these Terms of Service, you retain all of the rights you had in your Content before you submitted it; unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. If you do elect to share one of your Lifecakes by inviting contacts to be contributors or viewers, then, in doing so, you are enabling each of those permitted users of the Lifecake Service access to use, display, perform, distribute and modify your Content(subject to any understandings or agreements you and such users may work out without Lifecake's involvement). Your Rights As indicated above, you retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. Other than the limited license and other rights you grant in these Terms of Service, Lifecake acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you submit, post, store, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that Lifecake has no obligation to do so on your behalf. Lifecake hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Lifecake as part of the Service as provided to you by Lifecake, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
6. SERVICE COMPONENTS We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of Lifecake actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Lifecake has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. Lifecake may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by Lifecake and third parties that your use of the Service will likely result in transnational data transmissions. You understand that Lifecake, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. Lifecake may from time to time include as part of the Service computer software supplied by third parties, including (but not limited to) third party software, which is utilised by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Lifecake expressly disclaims any warranty or other assurance to you regarding such third party software.
7. MODIFICATIONS We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, Lifecake may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Lifecake to deliver these to you (and you to receive them) as part of your use of the Service.
8. TERMINATION You may discontinue your use of the Service at any time, for any or no reason and with or without notice. Lifecake may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Lifecake terminating your account or the Service include, without limitation:(a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion,(c) an extended period of inactivity (determined in Lifecake's sole discretion), (d) your non-payment of any fees or other sums due Lifecake or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.
9. LINKS We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
10. INDEMNITY You agree to indemnify and hold Lifecake, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any breach of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit oration 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.
11. YOUR CONTENT STORAGE 11.1 If you are using one of our Free Service Package, Content will be stored for a period of 395 days from the date of last logged in access to the Service, and will be deleted promptly after the expiration of such period. Canon will notify You prior to such deletion by sending an e-mail to Your registered e-mail address. You will be able to stop the Content deletion simply by logging into your Lifecake account.
For the avoidance of doubt, you will always retain any storage space you have accrued through promotions until its expiry, in accordance with the relevant Promotions' terms and conditions. 11.2 If you are using more storage than permitted by your storage allowance, for example as a result of your storage subscription plan expiring, we will delete your oldest content to reduce your storage use within your allowance. Once content is deleted, it cannot be recovered. Lifecake will notify you prior to such deletion by sending an e-mail to your registered e-mail address so that you can take action to sufficiently increase your storage allowance and retain all your content.
12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFECAKE EXPRESSLY DISCLAIMS 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) LIFECAKE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFECAKE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIFECAKE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF LIFECAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) LIFECAKE'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS 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 CONTRACTOR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. NOTICES You agree that we may provide you with notices hereunder by email, regular mail or postings on the web site(s)related to the affected Service, in our discretion, and that we may rely upon the contact information you have provided as being accurate, complete and current. Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice hereunder to Lifecake must be delivered by email to email@example.com. This email address maybe updated as part of any update to these Terms of Service.
16. GENERAL TERMS (a) These Terms of Service constitute the entire agreement between you and Lifecake and governs your use of the Service. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and Lifecake for the use of the Service. If, through accessing or using the Service, you utilise or obtain any product or service from a third party, you may additionally be subject to such third parties terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party. (b) You acknowledge and agree that each affiliate of Lifecake shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third-party beneficiary to these Terms of Service. (c) These Terms of Service and the relationship between you and Lifecake shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and Lifecake agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales. Notwithstanding this, you agree that Lifecake shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. (d) The failure or delay by Lifecake to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. (e) You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. (f) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.