LivingBanners Terms of Use

Consent and Definitions

Your Consent

Please review this document before creating or visiting a LivingBanners Page. The use of any LivingBanners Page constitutes agreement with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use any LivingBanners Page.

Definitions

• Content: Written information, photographs, illustrations, icons, animations, and other items that appear on a LivingBanners Page
• LivingBanners: Fabric banners and matching web pages with messages of hope and courage for those in need
• Northcott Banner Corporation: Operating company for LivingBanners
• Page: Individual web page that corresponds to a single LivingBanner
• Personal Information: Information about an identified or identifiable individual; may include name, address, or e-mail address
• Recipient: Person who receives a fabric LivingBanner and web page
• Sender: Person who initiates a LivingBanner
• Site: Entire LivingBanners web site, including all banner pages
• Terms of Use: This document, including any necessary updates
• Visitor: Anyone who uses the LivingBanners site or one of its pages

Headings

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

The LivingBanners.com Site

Description of Service 

Northcott Banner Corporation operates this Site as a service for LivingBanners Senders, Recipients, and Visitors. Each LivingBanners Page includes an online message board where users can leave and read messages for the Recipient. The purpose of our service, including this Site, is to bring together communities of care in an easy and accessible way.

Revisions

As our products and services grow, the LivingBanners Site will change. We may see opportunities for improvement, or notice things that need to be changed. We reserve the right to update or modify these Terms of Use at any time, without prior notice.

The current Terms of Use document will always be available through the “Terms of Use” link at the bottom of each page on the LivingBanners Site. Your use of any LivingBanners Site or Page constitutes your agreement with the most recent Terms of Use. We encourage you to review them regularly.

Links to Other Sites

The LivingBanners Site, including individual LivingBanners Pages, may provide links to other web sites or online resources. Because we have no control over external sites and resources, we are not responsible for the availability or suitability of such external sites or resources, including their Content. LivingBanners will 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, goods or services available on or through any such site or resource.

Right to Modify or Discontinue Site

We reserve the right to modify or discontinue any part of the LivingBanners Site, including individual LivingBanners Pages, at any time, with or without notice. These changes may be temporary or permanent. LivingBanners will not be liable to you or to any third party for any modification, suspension or discontinuance of any part of this Site.

Disclaimer of Warranties and Limitations of Liability

LivingBanners expressly disclaims all warranties of any kind—express, implied or statutory—including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

If any part of this limitation of liability is found to be invalid, illegal or unenforceable, the aggregate liability of LivingBanners, its partners, content providers, service providers and licensors, and all respective directors, officers, employees and agents, will not exceed one hundred dollars.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to your situation.

 

LivingBanners.com Pages

Duration and Cost of Service

As long as the use of each LivingBanners Page meets the requirements of these Terms of Use, we will host your LivingBanners Page at no charge to you for one (1) year from the date it is created.

At the end of one (1) year, we will review your LivingBanners Page for activity. If the Page is still active and if you wish, we will continue to maintain it at no charge. If the Page has been inactive for at least six months as of the end of the first year, we will delete the Page.

You may delete your LivingBanners Page at any time.

Termination

When you create a LivingBanners Page, you agree that LivingBanners may, under certain circumstances and without prior notice, immediately delete your LivingBanners Page. Cause for such termination will include, but not be limited to:

• Breaches or violations of these Terms of Use or other incorporated agreements or guidelines;
• Requests by law enforcement or other government agencies;
• A request from you;
• Discontinuance or material modification to the Site (or any part thereof);
• Unexpected technical or security issues or problems; or
• Extended periods (more than six months) of inactivity.

Further, you agree that all terminations for cause will be made in LivingBanners sole discretion and that LivingBanners will not be liable to you or any third party for deletion of any LivingBanners Page.

User Guidelines

Senders, Recipients, and Visitors

As defined above, the user of a LivingBanners Page can be a Sender, a Recipient, or a Visitor. Either a Sender or a Recipient can create a LivingBanners Page. A Visitor can view the Page, leave comments, and use our ordering system to buy Flair for the Recipient.

Senders Must Be 18 or Older

You must be at least 18 years old to create or maintain a LivingBanners Page. If you are under 18, your parent or legal guardian may create and maintain a LivingBanners Page for you. Your parent or guardian must register with LivingBanners and select the privacy level for the Page.

Visitors Must Be 13 or Older

To register as a Visitor, you must be at least 13 years old. If you are under 13, your parent or legal guardian may create and maintain a LivingBanners account for you. Your parent or guardian must register as the Visitor.

Registration Information

As the user of a LivingBanners Page—whether you are a Sender, a Recipient, or a Visitor—you agree to:

• Provide true, accurate, current and complete information as requested; and
• Maintain and promptly update that information to keep it true, accurate, current and complete.

User Password

When you create a LivingBanners Page, you will receive a user name and admin password. When you log in using your user name and admin password, you will be able to make limited changes to your Page. You may change your admin password at any time.

You will also receive a link to share with friends and family. Send this link to invite others to leave message.

You are responsible for maintaining the confidentiality of your password, and for all activities that occur under its use. You agree to notify LivingBanners immediately of any known or suspected unauthorized use of your password, or any other breach of security. LivingBanners cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password.

Content Guidelines

Responsibility for Content

Each user of a LivingBanners Page is solely accountable for the Content submitted to that Page. This means that the Senders, Recipients, and Visitors are responsible for all Content uploaded, posted, transmitted or otherwise made available to others using a LivingBanners Page.

We do not control the Content posted on individual LivingBanners Pages, and cannot guarantee the suitability, accuracy, integrity or quality of any Content. This includes the accuracy, correctness, completeness, or currency of any medical and/or patient information; it also includes the propriety of any Content that some users may find offensive, indecent, or objectionable.

Under no circumstances will LivingBanners or its partners be liable in any way for any Content posted on or made available through a LivingBanners Page by its users or any third party.

Restrictions on Use

All users of any LivingBanners Page agree not to upload, post, transmit or otherwise make available the following:

• any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• any Content that you know to be false, misleading, or fraudulent;
• any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• any photograph without the permission of each person in the photograph;
• the name of any individual without that person’s knowledge and consent;
• any Content, including any medical information, about an identifiable person without that person's permission; or
• any Content inconsistent with the values or the spirit of the LivingBanners user community.

In addition, all users must agree not to:

• link one LivingBanners Page to another without consent of author of that Page;
• link one LivingBanners Page to another outside the LivingBanners site;
• promote any illegal activity;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with or disrupt our Service, or servers or networks connected to the Service;
• violate any local, state, national or international law, rule or regulation;
• "stalk" or otherwise harass another;
• collect or store personal data about other users of this Service;
• raise funds, including but not limited to requesting or soliciting money, goods or services for private gain; or
• offer to sell merchandise or services for private gain.

 

By submitting any Content to or through a LivingBanners Page, you are granting LivingBanners a non-exclusive right to copy, modify, publish and distribute publicly, and prepare derivative works of that Content in accordance with these Terms of Use. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available to us.

Although LivingBanners does not pre-screen the Content posted on or available through individual LivingBanners Pages, LivingBanners and its designees will have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through a LivingBanners Page. Without limiting the foregoing, LivingBanners and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise objectionable.

You acknowledge, consent and agree that LivingBanners may access, preserve, and disclose your Personal Information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• Comply with legal process;
• Enforce these Terms of Use
• Respond to claims that any Content violates the rights of third parties;
• Respond to your requests for assistance; or
• Protect the rights, property, or personal safety of LivingBanners, its users and/or the public.

Ownership of Original Content Posted by Users

If you hold the copyright to an original work you submit to a LivingBanners Page, you retain legal ownership of that Content. LivingBanners does not claim any copyrights of original works created and posted by users.

Ownership of LivingBanners Site and Page Content

All Content on the LivingBanners Site and individual LivingBanners Pages, other than the Content submitted by Senders, Recipients, and Visitors, is owned by LivingBanners or by third parties who have licensed their copyrights to LivingBanners. No right, title or interest in the LivingBanners Site, or an individual LivingBanners Page, is transferred to you under these Terms of Use.

Ownership of Feedback

We welcome your feedback, and use it to improve our products, service, and Site. But if your feedback is confidential or proprietary, do not submit it. By submitting feedback, you assign to LivingBanners free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information and/or materials you submit.

We will not use feedback in any way that violates applicable privacy laws, but any comments, ideas, questions, designs, artwork, software or any other information or materials submitted to LivingBanners become our property.

Fundraising

These Terms of Use prohibit the use of any LivingBanners Page for fundraising purposes. Users are not allowed to request or solicit money, goods or services for private gain through any LivingBanners Page. LivingBanners will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your response to any solicitation contained in any individual LivingBanners Page.

Privacy Guidelines

Protecting Privacy

Every person who uses a LivingBanners Page—the Sender, Recipient, and every Visitor—is responsible for maintaining confidentiality. Our system provides a measure of privacy only if the web address and any passwords are only shared with the permission of the Sender or the Recipient.

LivingBanners has no way of knowing, and will not be responsible or liable, if anyone reaches a LivingBanners Page without permission. The Internet is inherently insecure; no one can guarantee that a web site is secure. We do not warrant that the LivingBanners Site or any LivingBanners Page is safe from technical failure or deliberate harm. We take reasonable steps to keep personal information secure, but you use our service at your own risk.

Our Privacy Policy

We collect some types of information when people use the LivingBanners Site. This information is used for billing, shipping, account management, and ideas for improving our services. Our Privacy Policy is part of the Terms of Use; agreeing to one means agreeing to the other.

To read our Privacy Policy and read about our information collecting procedures, please see [link to privacy policy].

Page Privacy Settings

Our goal is to help people create communities of care, where Visitors can share their support, sympathy, and good wishes. At the same time, we want to respect each Recipient's wishes for a measure of privacy. To achieve and maintain this balance, we may need to modify our policies from time to time. For now, the following information applies to all Visitors:

• To view any LivingBanners Page, a Visitor will need to know the Recipient's name or have the web address (URL) for that Page.
• If the Page is protected with a password, a Visitor must enter the correct password to view and use the Page.
• Every Visitor will be required to agree to these Terms of Use before viewing or posting entries to any LivingBanners Page. 

Legal Justisdiction

Choice of Law and Forum

These Terms of Use and the relationship between you and LivingBanners will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and LivingBanners agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota.

All waivers must be in writing and signed in ink on behalf of LivingBanners. The failure of LivingBanners to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

You 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 this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

These Terms of Use and the Privacy Policy together constitute the entire agreement between you and LivingBanners and govern your use of this Site, superseding any prior understandings or agreements between you and LivingBanners. This Agreement may be amended or modified only as set forth above.

Effective October 22, 2009.