LifeJourney Books Ltd. (“LifeJourney Books” or “us,” “our,” “we”) provides a website (the “Site”) that aids you in the writing of your personal memoir and life story. These Terms of Service (“Terms”) govern your access to and use of the Site and all content (“Content,” as further defined below) and services available through the Site, including but not limited to the questions prompted by the Site aimed at assisting you to write your Manuscript (as defined below) (the “Services”). “You” means any adult user of the Site or Services, using the Site or any parent or guardian of any minor whom you allow to use the Site or Services, and for whom you will be held strictly responsible. If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.
LifeJourney Books aids you in writing your own personal memoir, based on a series of questions prompted by the Site. Once you complete all of the questions, you will receive a final product that is a compilation of the answers you provided to the questions on the Site (the “Manuscript”). At your option, you can order a bound Manuscript, via the Site, subject to an additional fee, as detailed below. When ordering a bound Manuscript, you shall have several binding options, including but not limited to, cover type. LifeJourney Books shall send to you the bound Manuscript once printed.
You may use the Site and Services, for your personal use only. You shall not use the Site or Services to provide any services or content to any third party and you shall not make any commercial use of the Site, Services or Content. LifeJourney Books may in its sole discretion and at any time, discontinue providing any part of the Site and/or Services without notice.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent’s or guardian’s permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You must keep all your account information current, including address, payment information, telephone number, email address, and authorized representative for your order. You can make changes and updates to your personal information on the Platform.
Payment and Fees
You hereby undertake to pay the fee for the usage of the Services, in an amount and method specified on the Site. If you have opted to have the Manuscript bound via the Site, you hereby undertake to pay any and all additional fees (including delivery fees) required and as specified on the Site. Payment shall be made through PayPal or another third-party payment processor, as detailed on the Site. Alternatively, you may pay for the Services via a credit card (“Card”) which you are authorized to use. LifeJourney Books will not process a payment that attempts to use an incorrect, expired, or over-the-credit limit Card. You agree to pay LifeJourney Books the fee as set forth on the Site.
Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay and/or collect any applicable taxes, and to clarify such information when registering for the Services. LifeJourney Books does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in these Terms, fees are non-refundable.
Please note that LifeJourney Books may impose or deduct foreign currency processing costs on or from any payments or payouts by LifeJourney Books in currencies other than U.S. dollars.
We strive to provide you with the best experience and Services. However, in the event that you would like to request a refund, please note that we may provide you with a pro-rated refund, all on a case-by-case basis and at LifeJourney Books’ discretion. In order to request a refund, please reach out to us at firstname.lastname@example.org.
In the event of termination of your account by LifeJourney Books, not due to your breach of these Terms or your (account’s) illegal, infringing or inappropriate behavior or actions, you may request from LifeJourney Books a pro-rated refund for any pre-paid and unused amounts actually received by LifeJourney Books from you in respect of the Services.
Certain types of content may be made available through the Site or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the Site or through and as part of the Services, including any photos, pictures, videos, slideshows, comments, manuscripts, articles, information and any modifications or derivatives of the foregoing.
The Site and/or Services may allow you to post certain content to the Site and/or Services. All content and communications by users is referred to as “User Content.” You understand and agree that you are fully and solely responsible for any User Content you submit and/or post through the Site and/or Services. Therefore, you are entirely responsible for your conduct and all User Content that you upload, post, email, transmit or otherwise make available via the Services. You represent and warrant that any such User Content complies with all applicable law, that you have all necessary rights to submit any such User Content through the Site and Services, and that no such User Content infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights. LifeJourney Books has no obligation to accept, display, review or maintain any User Content. Moreover, LifeJourney Books reserves the right to remove and permanently delete any Content, including any User Content submitted or modified by any user, without notice and for any reason. WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT (INCLUDING BUT NOT LIMITED TO USER CONTENT).
LifeJourney Books may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that LifeJourney Books reserves the right to treat User Content as content stored at the direction of users for which LifeJourney Books will not exercise editorial control except when violations are directly brought to LifeJourney Books’ attention. We have the right to edit, delete, distort, modify or move User Content from the Site and/or Services without notice for any reason at any time. Additionally, LifeJourney Books has the right to refuse to transmit, email, post or broadcast any User Content (including refusing to allow a user to post or distribute such User Content through a third party) without notice for any reason at any time.
Content on the Site and/or Services comes from a variety of sources. You understand that LifeJourney Books is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content that: (1) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) infringes (or results in the infringement of) the intellectual property rights, moral rights or copy rights or other rights of any third party; (3) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules and regulations; (5) publishes falsehoods or misrepresentations that may damage us or any third party; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
You may not do or attempt to do any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site and/or Services without our prior written authorization, including framing or mirroring any part of the Site and/or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services or features that prevent or restrict use or copying of any Content; (3) use the Site, Content or Services in connection with any commercial endeavors in any manner and/or in any manner not permitted by these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services; (5) use or access another user’s account or password without permission; (6) post, distribute or edit any Content or links in violation of the requests or wishes of the individual that provided you with such Content or links.
LifeJourney Books, or its licensors, as the case may be, own the Site and Services, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site and/or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of LifeJourney Books or any third party.
LifeJourney Books claims no ownership or control over any User Content submitted, posted, or displayed by you on or through LifeJourney Books. You retain all patent, trademark, and copyright to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. By submitting, posting or displaying User Content on or through the Services which are intended to be available to the members of the public, you grant LifeJourney Books a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, transmit, reproduce, adapt, modify, publish, prepare derivative works of and distribute such User Content on the Site for the purpose of displaying, distributing, and promoting the Services. You represent and warrant that you have all necessary rights and licenses to grant the license herein to any User Content submitted on the Site. For the removal of doubt, LifeJourney Books shall not publish your Manuscript.
The policy of LifeJourney Books is not to infringe upon or violate the intellectual property rights or other rights of any third party, and LifeJourney Books will refuse to use and remove any User Content in connection with the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), LifeJourney Books will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of LifeJourney Books is to terminate the accounts of repeat infringers in appropriate circumstances.
You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content. LifeJourney Books will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time.
If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting email@example.com.
Termination of Account
LifeJourney Books may terminate your account if you violate any of these Terms. Upon termination of your account, you shall not have any further access to any Content that may be available through your account. In addition, LifeJourney Books may terminate your account at its sole discretion upon written notice.
If LifeJourney Books believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site and/or Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
You may request to terminate your account at any time, via written notice to firstname.lastname@example.org.
Upon creation of your account, you may appoint a beneficiary who may act on your behalf in the event you will not (legally or factually) be able to do so. If you do not appoint such beneficiary and your account has not been used for a period of three (3) months, we will contact you, if following such contact; (i) your account has not be used for another three (3) months; or (ii) we have not heard back from you, we reserve the right to terminate your account.
Disclaimers & Disclaimer of Warranty
Your use of the Site and Services is at your sole discretion and risk. The Site, Content (including User Content) and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. While we make reasonable efforts to have Content that is informative and useful, we do not make any warranties or representations in respect of any Content. We do not represent or warrant that you will find any Content or Services to be informative or useful for your own needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT (INCLUDING USER CONTENT), AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND/OR SERVICES.
We are not responsible for any incorrect or inaccurate Content (including but not limited to User Content) posted on the Site or in connection with the Services, or transmitted by any user, whether by users of the Services or by any of the equipment or programming associated with the Services. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site and/or Services or combination thereof, including any injury or damage to users or to any person’s computer and/or (mobile) device related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any users of the Site or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM.
You agree to indemnify, defend, and hold harmless LifeJourney Books and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site and/or Services, including any message or User Content you transmit through the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
These Terms shall be governed by the laws of the State of New York, exclusive of its choice of law rules. You agree that the competent courts in the City of New York, NY shall have exclusive jurisdiction to hear any disputes of whatever nature by or against LifeJourney Books arising out of, or related in any respect to, these Terms. Your conduct may also be subject to other local, state, and national laws. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against LifeJourney Books must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and LifeJourney Books or enables you to act on behalf of LifeJourney Books. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. You many not assign any of your rights or obligations hereunder to any third party. LifeJourney Books may assign any of its rights and obligations to any third party, without notice.
Last Updated: September 2017