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Terms of Use

Lady Luck Publications, LLC – Terms of Use
Please Read Carefully Prior To Using This Website

The following terms and conditions govern all use of the LadyLuckDiary.com web site and all content, services and products available at or through the web site.  The web site is owned and operated by Lady Luck Publications, LLC (hereinafter referred to as “LadyLuckDiary.com”).  The web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LadyLuckDiary.com’s Privacy Policy) and procedures that may be published from time to time on this site by LadyLuckDiary.com and its administrators (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the web site.  By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement.  If you do not agree to all the terms and conditions of this agreement, then you may not access the web site or use any services.  If these terms and conditions are considered an offer by LadyLuckDiary.com, acceptance is expressly limited to these terms.  The web site is available only to individuals who are at least 14 years old.

Responsibility of Contributors. If you submit any information to the web site, update content on the web site, post links on the web site, or otherwise make (or allow any third party to make) material available by means of the web site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content.  That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other digital media.  By making Content available, you represent and warrant that:

  1. The downloading, copying and use of the Content will not infringe the proprietary and moral rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
  6. The Content is not obscene, libelous, defamatory, hateful, racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

More Responsibilities of Contributors. By submitting Content to LadyLuckDiary.com for inclusion on our web site, you grant LadyLuckDiary.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content.  Without limiting any of the representations or warranties, LadyLuckDiary.com has the right (though not the obligation) to, in LadyLuckDiary.com’s sole discretion (i) refuse or remove any content that, in LadyLuckDiary.com’s reasonable opinion, violates any LadyLuckDiary.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the web site to any individual or entity for any reason, in LadyLuckDiary.com’s sole discretion.  LadyLuckDiary.com will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Web Site Visitors. LadyLuckDiary.com has not reviewed, and cannot review, all of the material, including computer software, posted to the web site, and cannot therefore be responsible for that material’s content, use or effects.  By operating the web site, LadyLuckDiary.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  The web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.  The web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.  LadyLuckDiary.com disclaims any responsibility for any harm resulting from the use by visitors of the web site, or from any downloading by those visitors of content there posted.

Content Posted on Other Web Sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which LadyLuckDiary.com links, and that link to LadyLuckDiary.com.  LadyLuckDiary.com does not have any control over those non-LadyLuckDiary.com web sites and web pages, and is not responsible for their contents or their use.  By linking to a non-LadyLuckDiary.com web site or web page, LadyLuckDiary.com does not represent or imply that it endorses such web site or web page.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  LadyLuckDiary.com disclaims any responsibility for any harm resulting from your use of non-LadyLuckDiary.com web sites and web pages.

Copyright Infringement and DMCA Policy. As LadyLuckDiary.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others.  If you believe that material located on or linked to by LadyLuckDiary.com violates your copyright, you are encouraged to notify LadyLuckDiary.com.  LadyLuckDiary.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.  In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LadyLuckDiary.com or others, LadyLuckDiary.com may, in its discretion, terminate or deny access to and use of the web site.

Intellectual Property. This Agreement does not transfer from LadyLuckDiary.com to you any LadyLuckDiary.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LadyLuckDiary.com.  LadyLuckDiary.com, the LadyLuckDiary.com logo, and all other trademarks, service marks, graphics and logos used in connection with LadyLuckDiary.com, or the web site are trademarks or registered trademarks of Lady Luck Publications, LLC, or LadyLuckDiary.com’s licensors.  Other trademarks, service marks, graphics and logos used in connection with the web site may be the trademarks of other third parties.  Your use of the web site grants you no right or license to reproduce or otherwise use any LadyLuckDiary.com or third-party trademarks.

Changes.  LadyLuckDiary.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to the web site following the posting of any changes to this Agreement constitutes acceptance of those changes.  LadyLuckDiary.com may also, in the future, offer new services and/or features through the web site (including, the release of new tools and resources).  Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.  LadyLuckDiary.com may terminate your access to all or any part of the web site at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement or your LadyLuckDiary.com account (if you have one), you may simply discontinue using the web site.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.  The web site is provided “as is”.  LadyLuckDiary.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither LadyLuckDiary.com nor its suppliers and licensors, makes any warranty that the web site will be error free or that access thereto will be continuous or uninterrupted.  You understand that you download from, or otherwise obtain content or services through, the web site at your own discretion and risk.

Limitation of Liability.  In no event will LadyLuckDiary.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data.  LadyLuckDiary.com shall have no liability for any failure or delay due to matters beyond their reasonable control.  The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the web site will be in strict accordance with the LadyLuckDiary.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the web site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless LadyLuckDiary.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the web site, including but not limited to your violation this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between LadyLuckDiary.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LadyLuckDiary.com, or by the posting by LadyLuckDiary.com of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the web site will be governed by the laws of the state of Oklahoma, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tulsa, Oklahoma except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond).  The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LadyLuckDiary.com may assign its rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Updated September 1, 2010.

Copyright © 2010 to 2012 by Lady Luck Publications, LLC.  All Rights Reserved Worldwide.