Effective date: January 12, 2021
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Love Expands and that your parent or guardian agrees to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
Creating an Account on Love Expands
You will be required to sign up for an account, select a password and creating a profile that can include your bio, a photo and quotes that are original and can be attributed to you. You promise to provide us with accurate, complete, and up-to-date information about yourself.
You agree that you will only use Love Expands for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission, or falsely assume the identity of somebody else without their consent.
You may not select as your Love Expands account/profile name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Love Expands reserves the right to refuse registration of or cancel a Love Expands account name at its discretion.
First and foremost, you own what you create. Any original content you post, upload or otherwise provide to Love Expands remains yours and is protected by copyright and any other applicable intellectual property laws.
Anything posted, uploaded, shared, stored, or otherwise provided through Love Expands is referred to as a “Post” in these Terms. This includes a quotes page biography, photo, and quotes. There are a few rules that apply to all Posts:
- Don’t Infringe: Your Posts should not violate someone else’s (including Love Expands’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.
- Limited License to Us: In order to display your Posts on Love Expands, and to allow other users to enjoy them, you grant us certain rights in your Posts:
- Operating Love Expands: You hereby grant Love Expands a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Love Expands. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so.
- Public Posts: If you share a Post with other users on Love Expands, then you grant us the license above, as well as a license to display, perform, and distribute your Post.
- Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected.
We reserve the right to remove any content from Love Expands at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
Intellectual Property and Reporting Infringement
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Love Expands.
You understand that we own Love Expands. These Terms don’t grant you any right, title or interest in Love Expands, or our trademarks, logos, and other intellectual property.
Acceptable Use Policy
You are responsible for all your activity in connection with Love Expands. Make sure that you use Love Expands in a manner that complies with the law. If your use of Love Expands is prohibited by applicable laws, then you aren’t authorized to use Love Expands. We can’t and won’t be responsible for you using Love Expands in a way that breaks the law.
You also agree that you will not contribute any Post or otherwise use Love Expands in a manner that:
- Is fraudulent or threatening;
- Jeopardizes the security of your Love Expands account or anyone else’s (such as allowing someone else to log into Love Expands as you, or sharing your account or password with someone);
- Attempts, in any manner, to obtain the password, account, or other security information of any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of Love Expands (through use of manual or automated means);
- Copies or stores any significant portion of the content on Love Expands;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Love Expands.
Other Users and Third-Parties
- Posts: Posts posted to Love Expands are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
- Third-Party Content: Love Expands may contain links or connections to third-party websites or services that are not owned or controlled by us. Love Expands has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of Love Expands or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Love Expands.
Paid Subscriptions on Love Expands
Creating a quotes page and Posts on Love Expands, requires you to be a Subscriber.
Your Posts will continue to be visible and available on Love Expands so long as you remain a subscriber.
Terminating Your Account
Love Expands allows you to delete your account at any time. When you delete your account, your subscription will be immediately terminated and any Posts associated with that account will also be deleted (quotes and profile page).
All sales are final. Unused time for a terminated monthly or yearly subscription is not refundable.
You understand and agree that it may not be possible to completely delete your content from Love Expand’s records or backups, and that your Posts may remain viewable elsewhere to the extent that they were embedded, shared on social media, copied or stored by other users.
You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.
If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Privacy on Love Expands
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for Substack or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
Changes to Love Expands
We’re always trying to improve Love Expands, so our products and services may change over time. We may suspend or discontinue any part of Love Expands, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Love Expands. We’ll try to give you notice when we make a material change to Love Expands that would adversely affect you, but this isn’t always possible or practical.
Changes to the Terms
We are constantly trying to improve our products and services, so these Terms may need to change along with Love Expands. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Love Expands. If you use Love Expands in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Violations of the Terms
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Love Expands has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
The above covers most of the questions that we typically receive about Love Expands. We have grouped provisions that come up less frequently below:
- No Warranties: Love Expands is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Love Expands will be uninterrupted or error-free. Accordingly, we do not:
- Make any representations or warranties about any content contained in or accessed through Love Expands, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.
- Make any representations or warranties regarding suggestions or recommendations of products or services (including Love Expands newsletters) offered or purchased through Love Expands. Products and services purchased or offered through Love Expands, including newsletters, are provided “as-is” and without any warranty of any kind from Love Expands.
- Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Love Expands, its licensors, or its suppliers be liable to you or to any other person for:
- Any indirect, special, incidental, or consequential damages of any kind.
- Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Love Expands, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Love Expands (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Love Expands account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
- Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of Washington, without regard to the conflicts of laws provisions thereof.
- Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Seattle, Washington, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Love Expands shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Seattle, Washington. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and Love Expands LLC agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.
- No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
- No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Substack Inc., and you do not have any authority of any kind to bind us in any respect whatsoever.
- Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
- Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.