Terms of Use Agreement
Effective Date: May 8, 2019
Agreement between User and www.lonelycache.com
Welcome to www.LonelyCache.com. The www.lonelycache.com website (the "Site") is comprised of
various web pages operated by LonelyCache LC ("LonelyCache"). www.lonelycache.com is offered
to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.lonelycache.com constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of www.LonelyCache.com is subjet to LonelyCache's Privacy Policy. Please review our
Privacy Policy,
which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to LonelyCache constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that LonelyCache is not responsible for
third party access to your account that results from theft or misappropriation of your account.
LonelyCache and its associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
Children Under Thirteen
LonelyCache does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under thirteen, you may use www.lonelycache.com only with permission
of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under
the control of LonelyCache and LonelyCache is not responsible for the content of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
LonelyCache is providing these links to you only as a convenience, and the inclusion of any link does not
imply endoresement by LonelyCache of the site or any association with its operators.
Certain services made available via www.lonelycache.com are delivered by third party sites and organizations.
By using any product, service or functionality originating from the www.lonelycache.com domain, you hereby
acknowledge and consent that LonelyCache may share such information and data with any third party with whom
LonelyCache has a contractual relationship to provide the requested product, service or functionality on
behalf of www.lonelycache.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.lonelycache.com
strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to
LonelyCache that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyement of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation
thereof, and any software used on the Site, is the property of LonelyCache or its suppliers and protected by
copyright and other laws that protect intellecutal property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
LonelyCache content is not for resale. Your use of the Site does not entitle you to make any unauthorized use
of any protected content, and in particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal use, and will make no other
use of the content without the express written permission of LonelyCache and the copyright owner. You agree
that you do not acquire any ownership rights to any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of LonelyCache or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilitities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material that are proper and related
to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain
software or other material protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary consents; upload files that contain
viruses, corrupted files, or any other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of software or any code of
conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise
collect information about others, including email addresses, without their consent; violate any applicable laws
or regulations.
LonelyCache has no obligation to monitor the Communication Services. However, LonelyCache reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole discretion.
LonelyCache reserves the right to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
LonelyCache reserves the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in LonelyCache's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. LonelyCache does not control or endorse the content, messages or information found in any
Communication Service and, therefore, LonelyCache specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized LonelyCache spokespersons, and their views do not necessarily reflect those of LonelyCache.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or
dissemination. you are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.lonelycache.com or Posted on Any LonelyCache Web Page
LonelyCache does not claim ownership of the materials you provide to www.lonelycache.com (including feedback and
suggestions) or post, upload, input or submit to any LonelyCache Site or our associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting
LonelyCache, our affiliated companies and necessary sublicensees permission to user your Submission in connection
with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat you Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. LonelyCache is under
no obligation to post or use any Submission you may provide and may remove any Submission at any time in
LonelyCache's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or
otherwise control all oof the rights to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Third Party Accounts
You will be able to connect your LonelyCache account to third party accounts. By connecting your LonelyCache account
to your third party account, you acknowledge and agree that you are consenting to the continuous release of information
about you to others (in accordance with your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by LonelyCache from our offices within the USA. If you access
the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that
you will not use the LonelyCache Content accessessed through www.lonelycache.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless LonelyCache, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or
arising out of your use of or inability to use the Site or services, any user postings made by you, your violation
of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. LonelyCache reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
LonelyCache in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LONELYCACHE LC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LONELYCACHE LC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LONELYCACHE LC AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LONELYCACHE LC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILTIY OR OTHERWISE, EVEN IF LONELYCACHE LC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEMDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
LonelyCache reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this
agreement is governed by the law of the State of Arizona and you hereby consent to the exclusive jurisdiction
and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including,
without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and
LonelyCache as a result of this agreement or use of the Site. LonelyCache's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation of
LonelyCache's right to comply with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by LonelyCache with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
enenforceable provision will be deemed superseded by a valid, enforceable provision that mmost closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and
LonelyCache with respect to the Site and it supercedes all prior contemporaneous communications and proposals,
whether electronic, oral or written, between the user and LonelyCache with respect to the Site. A printed
version of this agreement and any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
LonelyCache reserves the right, in its sole discretion, to change the Terms under which www.lonelycache.com
is offered. The most current version of the Terms will supersede all previous versions. LonelyCache encourages
you to periodically review the Terms to stay informed of any updates.
Contact Information
LonelyCache welcomes your questions or comments regarding these Terms. If you
have any please
contact us.