Terms of Service
EFFECTIVE May 1, 2023
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEB SITE OR OUR iOS APPLICATION (collectively, our “Site”). These Terms of Service, together with the Little Black Book Network, Inc. Policy (the “Privacy Policy”) incorporated herein by reference (collectively with the Terms of Service, the “Agreement”) is an agreement between you and Lamps, Inc. d/b/a Little Black Book Network, Inc. (“Little Black Book Network, Inc.”) that states the terms and conditions under which you may use the Site and receive the Little Black Book Network, Inc. service, which includes providing recommendations to users as well as it is a social network offering its Users to take a photo of themselves and their environment upon to shore with friends (the “Little Black Book Network, Inc. Service”). Your use of the Little Black Book Network, Inc. Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Little Black Book Network, Inc. Service.
CHOICE OF LAW; ARBITRATION; AND CLASS ACTION WAIVER
The internal laws of the State of Delaware, without regard to any otherwise applicable choice of laws principles, shall govern any action related to these Terms of Service, the use of the LBBapp.com site or the Little Black Book Network, Inc. business.
AGREEMENT TO ARBITRATE
In the event of a dispute between you and us arising under or relating to the LBBapp.com site or the Little Black Book Network, Inc. business, you hereby acknowledge and agree that by using the LBBapp.com site, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. THIS MEANS THAT NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT OR TO HAVE A JURY TRIAL. YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
CLASS ACTION WAIVER
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR Little Black Book Network, Inc. MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
1. Applicability & Acceptance of These Terms of Service
By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Service and the Privacy Policy as a binding legal agreement between you and Little Black Book Network, Inc., without limitation or qualification. The term “you” or “user” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
2. Modifications to Terms of Service
If you do not agree to these Terms of Service and the Privacy Policy, then you may not use the Site. Little Black Book Network, Inc. reserves the right to modify these Terms of Service at any time without prior notice. You agree that each visit you make to the Site shall be subject to the then-current Terms of Service and Privacy Policy, and continued use of the Site now or following modifications in these Terms of Service and Privacy Policy confirms that you have read, accepted, and agreed to be bound by such modifications.
3. Accounts and Software Updates
When you create your Little Black Book Network, Inc. account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate. You may stop using the Services at any time and for any reason. You can delete your Little Black Book Network, Inc. account in Settings › Delete Account. Using Little Black Book Network, Inc. requires that we initially download software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and that these Terms and our policies will apply to any updates.
4. User License
SCOPE
Little Black Book Network, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to access the Site and to download, email, share via social networking or print individual pages from the Site in accordance with this Agreement and solely for the purpose of your personal and non-commercial use of Little Black Book Network, Inc., provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not misuse the Little Black Book Network, Inc. Service. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. You may like or follow Little Black Book Network, Inc. or share links to the Site via social networking technology referenced on the Site. The licenses granted by Little Black Book Network, Inc. terminate if you do not comply with this Agreement. Little Black Book Network, Inc. reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
USER CONDUCT
You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Little Black Book Network, Inc., including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Little Black Book Network, Inc.. Company reserves the right to investigate and take appropriate legal action against anyone who, in Little Black Book Network, Inc.’a sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Little Black Book Network, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Little Black Book Network, Inc. or its users to any harm or liability of any type;
b. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
c. violate any applicable local, state, national, or international law, or any regulations having the force of law;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. solicit personal information from anyone under the age of 18;
f. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
i. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
j. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks;
k. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network);
l. not to access the Site or services using a third-party’s account/registration without the express consent of the account holder;
m. not to use the Site for illegal purposes;
n. not to commit any acts of infringement on the Site or with respect to content on the Site;
o. not to use the Site to engage in commercial activities apart from sanctioned use of the Little Black Book Network, Inc. services;
p. not to attempt to gain unauthorized access to other computer systems from or through the Site;
q. not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
r. not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
s. not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).
5. Your content and links
We refer to the photos, comments, links, and other content you post as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Little Black Book Network, Inc. While your User Content belongs to you, several important limitations apply:
First, User Content does not include your Little Black Book Network, Inc. username. Should you or Little Black Book Network, Inc. terminate your account, you do not retain any rights in the username you used. A new Little Black Book Network, Inc. user may use the user name in the future.
Second, you grant Little Black Book Network, Inc. and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purposes of using, accessing, operating, developing and providing Little Black Book Network, Inc.. Nothing in these Terms restricts other legal rights Little Black Book Network, Inc. may have to User Content, for example under other licenses.
Third, we retain the right to remove or modify User Content, or change the way it’s used in Little Black Book Network, Inc. for any reason. This includes User Content that in our judgment violates these Terms or any other policies.
Fourth, content you share with others on Little Black Book Network, Inc. may continue to exist on Little Black Book Network, Inc. even if you leave Little Black Book Network, Inc.. We may backup, archive and retain your User Content even if you terminate or deactivate your account, or delete or remove specific User Content. Little Black Book Network, Inc. and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Little Black Book Network, Inc..
We may allow you to post links to third party websites, information, materials, products, or services. Please do not post links in violation of these Terms. Little Black Book Network, Inc. does not control nor endorse or assume any responsibility for these links. If you access any third party website, service, or content from Little Black Book Network, Inc. you do so at your own risk. You accept and agree that Little Black Book Network, Inc. has no liability arising from your use of or access to any third party website, service, or content.
6. Harm from Commercial Use
You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Little Black Book Network, Inc. will be entitled to temporary and permanent injunctive relief to prohibit such use.
PROPRIETARY RIGHTS
You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of Little Black Book Network, Inc.. All Site content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Site are the property of, or duly licensed to, Little Black Book Network, Inc..
7. Termination and Modifications to the Site
Little Black Book Network, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and related services.
8. Access to the Little Black Book Network, Inc. Service
You acknowledge that from time to time the this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs with Little Black Book Network, Inc. may undertake from time to time; or (iii) causes beyond the control of Little Black Book Network, Inc. or which are not reasonably foreseeable by Little Black Book Network, Inc..
9. Warranty Disclaimer; Limitation of Liability; Indemnification
THE LITTLE BLACK BOOK NETWORK, INC. SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. LITTLE BLACK BOOK NETWORK, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE LITTLE BLACK BOOK NETWORK, INC. SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE LITTLE BLACK BOOK NETWORK, INC. SERVICE. LITTLE BLACK BOOK NETWORK, INC. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. LITTLE BLACK BOOK NETWORK, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE LITTLE BLACK BOOK NETWORK, INC. SERVICES. LITTLE BLACK BOOK NETWORK, INC. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, LITTLE BLACK BOOK NETWORK, INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, DELIVERY AGENTS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “LITTLE BLACK BOOK NETWORK, INC. PARTIES”) (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE LITTLE BLACK BOOK NETWORK, INC. SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE LITTLE BLACK BOOK NETWORK, INC. SERVICE, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE OR THE LITTLE BLACK BOOK NETWORK, INC. SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. LITTLE BLACK BOOK NETWORK, INC. RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
10. Your account, password, and security
Use of Site services requires that you register and/or create an account (“Account”). To register and create an Account, you must select an account designation and provide certain personal information. In consideration of the use of the Site’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Little Black Book Network, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Little Black Book Network, Inc. has the right to refuse any and all current or future use of the Site (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Little Black Book Network, Inc. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security. Little Black Book Network, Inc. will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the above or for any acts or omissions by you or someone else using your Account and/or password.
11. Links
As a courtesy to you, the Site may offer links to other websites to permit you to order and receive products, information and services from businesses that are not owned or operated by Little Black Book Network, Inc.. Little Black Book Network, Inc. has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, information or services ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Little Black Book Network, Inc. makes no representations or warranties of any kind, express or implied, regarding such products, information or services received from such third-party websites. References to products or services within any such third-party website pages do not constitute or imply an endorsement by Little Black Book Network, Inc..
12. Phone Number and SMS
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email help@littleblackbooknetwork.com.
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.
Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
13. Accessibility
Little Black Book Network, Inc. is working on making the site 2.1 Level A compliant according to Content Accessibility Guidelines (WCAG). Little Black Book Network, Inc. aims to have this complete by December 31st, 2024.
14. Trademarks
“Little Black Book Network, Inc.,” all Little Black Book Network, Inc. logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Little Black Book Network, Inc. or otherwise proprietary to Little Black Book Network, Inc. and may not be used by you for any reason other than as expressly permitted by these Terms of Service. All other trademarks not owned by Little Black Book Network, Inc. (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Little Black Book Network, Inc. or its affiliates and you do not acquire any ownership rights in such marks, logos or names by using this Site of the Little Black Book Network, Inc. Service.
15. Consideration
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt or use of data, content, products and/or services through the Site, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
16. Jurisdiction, Applicable Law, and Limitations
This Site is created and controlled by Little Black Book Network, Inc. in the State of New York, U.S.A. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. Little Black Book Network, Inc. makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with this Agreement, or services available on or through the Site must be filed in a federal or state court located in New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
17. General
ENTIRE AGREEMENT
Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Site, these Terms of Service and our Privacy Policy constitute the entire agreement between you and Little Black Book Network, Inc., superseding all prior agreements regarding the Site.
NO WAIVER
The failure of Little Black Book Network, Inc. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
HEADINGS & CONSTRUCTION
The section titles in the Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
CONTACT LITTLE BLACK BOOK NETWORK, INC.
For purposes of providing notice of cancellation or termination of an account, contact us at: help@littleblackbooknetwork.com.