LivelyFlock.com
Terms of Use Agreement

 

Last Updated: May 3, 2024

 

The LivelyFlock.com Website and its associated services and content (collectively “Website”) is owned and operated by Lively Flock, LLC (“Lively Flock”, “our”, “us”, “we”), a Michigan limited liability company with its principal place of business in Waterford, Michigan. Lively Flock has adopted this Terms of Use Agreement (“Agreement”, also known as Terms and Conditions) to inform you (“User(s)”) of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

 

Please read this Agreement carefully before accessing or using the Website and associated services. By accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement.

 

Lively Flock may, from time to time, and reserves the right, in its sole and absolute discretion, to modify, limit, change, discontinue, or replace the Website or this Agreement. In the event Lively Flock modifies, limits, changes, or replaces the Website or this Agreement, your use of the Website after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement.

 

Definitions

As used in this Agreement:

 

• “Account” means a Registered User’s optional Account with the Website. 

• “Customer(s)” means any User that places a purchase through the Website, but elects to not create an optional Account.

• “Registered User(s)” means any User that has created an optional Account with the Website. Registered Users may also make purchases through the Website. 

• “Recipient(s)” means anyone that elects to receive greeting cards purchased through the Website by other Users. 

• “User(s)” means all individuals that visit and access the Website, including Customers, Recipients, and Registered Users.

• “You / Your / You’re” means Users.

 

About the Website

The Lively Flock Website is a place where Christian products are sold. Lively Flock will give part of its purchase proceeds to charitable causes on a regular basis.

 

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual who is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

 

You warrant and represent that any and all information that you provide to Lively Flock and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

 

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Lively Flock makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations. Users agree to be subject to United States laws when accessing or using the Website.

 

Disclaimers

Lively Flock is not a not-for-profit organization and therefore any monetary giving and/or product purchases conducted through the Website are not considered tax deductible by the Internal Revenue Service (“IRS”).

 

Any products, services, or content purchased, used, or consumed through the Website are to be used at your own risk. Lively Flock shall not be liable for any damages that result from the use of, or the inability to use, the products, services, or content featured on the Website or for the performance of such products, services, or content.

 

While Lively Flock strives to have the Website’s content, products, statements, activities, and claims be made in accordance with God’s word (Scripture), Users are responsible for their own consultation of Scripture and seeking out proper interpretation of God’s word.

 

Ownership of Website and License

You acknowledge and agree that Lively Flock is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Lively Flock. 

 

Lively Flock hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Lively Flock, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Lively Flock.

 

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all photographs featured on the Website are copyrighted and owned by Lively Flock, or have been licensed to Lively Flock. All Lively Flock marks are the property of Lively Flock, including, but not limited to LIVELY FLOCK and all Lively Flock logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Lively Flock. You are prohibited from using Lively Flock’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Lively Flock.

 

Website Use & Accounts

Visiting and using the Website is free. Customers may purchase products through the Website without creating an Account.

 

When contacting Lively Flock or making a purchase through the Website, you are agreeing to receive email notifications from Lively Flock. Lively Flock may utilize third parties to send email notifications. To the extent Users directly interact with third parties providing such services, Users may also receive email notifications from those third parties. Mass email notifications from Lively Flock, such as newsletters, contain an unsubscribe feature that allows you to opt out from future notifications. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of email information and other information about you. User information will be used consistent with the Privacy Policy. Lively Flock does not endorse you or discriminate based upon any information provided by you or submitted through the Website.

 

You have a duty to ensure that the information provided through the Website and while making purchases is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in any way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website. Lively Flock reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify Lively Flock for any damages that arise out of or in relation to the use of the Website. 

 

Payment for Purchases

When making a purchase from the Website for a Lively Flock product, payments are processed through a third party payment processor, Wix Payments. By utilizing Wix Payments, Users agree that they may be subject to their separate Terms of Service found here.

 

Lively Flock reserves the right to charge Customers what they owe. Lively Flock also reserves the right to make changes to the pricing of any products or services we sell. Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website, with purchases made therefrom, and with purchases made in any other situation in which Lively Flock is selling. You understand and agree that Lively Flock will not be held liable for any User’s or third party’s failure to complete a transaction.

 

Product Sales and Availability

All prices displayed on the Website are final and non-negotiable. Lively Flock reserves the right without prior notice to discontinue or change specifications on products or services offered on this Website without incurring any obligations. Lively Flock also reserves the right to cancel any product or service purchase at any time, within Lively Flock’s sole and absolute discretion.

 

Charitable Contributions

Lively Flock may, in its sole and absolute discretion, elect to donate portions of its purchase proceeds to charitable causes. Lively Flock reserves the right to support any charitable cause of its choosing when donating portions of purchase proceeds made through the Website or through any other method of conducting purchases, in its sole and absolute discretion. Users agree that they have no influence over what charitable cause Lively Flock elects to donate to and Lively Flock is not obligated to disclose what charitable causes it is supporting.

​

Return Policy

Please see Lively Flock's Return Policy here, which is incorporated into this Agreement via reference.

 

User-Generated Content

Users may submit content to the Website, including, but not limited to text, photos, and videos (collectively “User-Generated Content”).

 

Except as otherwise licensed herein, you own all rights in and to your User-Generated Content. User-Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User-Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge that Lively Flock does not guarantee any confidentiality with respect to any submissions of your User-Generated Content.

 

By submitting User-Generated Content to the Website, you grant Lively Flock a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User-Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.

 

You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

 

You agree that you are solely responsible for any User-Generated Content that you submit to the Website. Lively Flock acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User-Generated Content. Lively Flock does not guarantee the confidentiality of any User-Generated Content you share through the Website with any third party.

 

Lively Flock reserves the right to remove User-Generated Content without prior notice and may, at its sole discretion, remove User-Generated Content that it determines violates the terms of this Agreement. Lively Flock also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

 

To learn more about Lively Flock’s copyright policies and learn how to submit an infringement claim based upon User-Generated Content, please reference Lively Flock’s Copyright Policy below.

 

Copyright Policy

The LivelyFlock.Com Website (“Website”) and its associated content and services are © 2022-2024 Lively Flock LLC (“Lively Flock”).

 

Lively Flock respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Lively Flock and are protected by copyright and other intellectual property laws.

 

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

 

If you believe that a User of Lively Flock has infringed upon your copyright rights, please provide Lively Flock with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Lively Flock receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Lively Flock will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Lively Flock with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

 

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

 

1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work(s) alleged to have been infringed;

3. The location of the copyrighted work(s) on the Website;

4. Your contact information, such as an address, telephone, fax number, or email address;

5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

 

Conversely, if you are a Website User that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

 

1. Identification of the specific materials that have been removed from the Website;

2. Your contact information, such as an address, telephone, fax number, or email address;

3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification; 

4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Michigan;

5. A statement that you will accept service of process from the notifying party; and

6. Your physical or electronic signature.

 

Notifications of copyright infringement and counter-notifications may be submitted to:

 

Lively Flock LLC

5119 Highland Rd

Suite 167

Waterford, MI 48327

 

With a copy emailed to hello@livelyflock.com

 

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

 

Specifically, you are prohibited from: 

• Posting or transmitting content that:

  • Infringes upon the intellectual property rights of others;

  • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene; 

  • Promotes or engages in hate, violence, cruelty, bribery, gossip, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;

  • Incites any illegal activity or unlawful sexual solicitation;

  • Supports unlawful interactions or engagements with weaponry, controlled substances, or gambling;

  • Engages in debt collection;

  • Raises financial support of anyone involved or alleged to be involved in criminal activity, or that raises support or defense of criminal activity;

  • Impersonates another or is fraudulent, inaccurate, or misleading;

  • Constitutes an unwanted commercial solicitation, a scam, a pyramid scheme, a chain letter, or a spam message;

  • Intends to collect personal or personally identifiable information from others;

  • Violates any term or condition of this Agreement;

• Promoting or engaging in dishonesty;

• Using a robot, spider, scraper, or other automated technology to access the Website; 

• Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; 

• Attempting to gain access to the private data or personal information of a Website User or third party;

• Circumventing Lively Flock’s technological and physical security measures; 

• Announcing or falsely suggesting an affiliation with or endorsement by Lively Flock.

 

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Lively Flock by sending an email to: hello@livelyflock.com.

 

Mobile Devices

The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Lively Flock is not responsible for any fees or errors that occur while accessing the Website via mobile device.

 

Section 230 of Communications Decency Act

You acknowledge and agree that Lively Flock is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Lively Flock may edit, remove, or control the content displayed through the Website, you agree that Lively Flock will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

 

Third Party & Affiliate Links

You understand that the Website may contain links to third party Websites, applications, or services that Lively Flock does not own or control. You further understand that third-party Websites, applications and/or services may also link to Lively Flock’s Website. You agree that Lively Flock will not be held responsible or liable for the content of third-party Websites, applications, or services beyond reasonable control and that Lively Flock’s inclusion of those Websites, applications, or services within or linked to on its Website does not necessarily constitute Lively Flock’s endorsement of, recommendation of, or affiliation with any of those Websites, applications, or services.

 

No Endorsement

Lively Flock may refer to commercial products, processes, services, experts, and/or Websites. Any reference is not intended to be an endorsement of the content providers or service providers or to be a statement that Lively Flock agrees with all beliefs or actions of the content providers or service providers. Lively Flock does not necessarily immutably endorse any commercial product, process, service, expert, or Website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Lively Flock and are not necessarily intended to be used for product endorsement purposes.

 

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Lively Flock may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

 

Disclaimer of Warranties

Lively Flock disclaims any responsibility for any harm or liability arising out of or related to your use of the Website. Lively Flock provides the Website, products, and services provided through the Website on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties. If you are located in such a jurisdiction, this exclusion may not apply.

 

Beyond what Lively Flock is reasonably in control of, we will not be held liable or responsible for any content posted on the Website or any content transmitted through the Website. Lively Flock is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, alteration, and/or damage beyond our reasonable control. Lively Flock reserves the right to discontinue the Website at any time.

 

Lively Flock will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the Website at any time.

 

Limitation of Liability

Lively Flock will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the Website or products available thereon, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree that the maximum amount that Lively Flock can be held liable to you under any circumstance is the amount that you paid, if any, for products or services through the Website, and in no case will that amount exceed $100. If no amount is paid by you to Lively Flock, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.

 

The Website may contain technical inaccuracies or typographical errors or omissions. Lively Flock is not liable for any such typographical, technical, or pricing errors listed on the Website.

 

Some jurisdictions do not allow the exclusion or limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.

 

Indemnification

You agree to hold harmless, indemnify, and defend Lively Flock, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User-Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

 

Your obligation to defend Lively Flock under the terms of this Agreement will not provide you with the right to control Lively Flock’s defense, and Lively Flock reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Lively Flock.

 

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Lively Flock may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

 

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Michigan without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Michigan, with venue proper in Clarkston, Michigan.

 

You and Lively Flock agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this Agreement, your use of the Website, or the purchase of products or services from Lively Flock, including any disputes concerning the validity, interpretation, violation, breach, or termination of this Agreement. Arbitration under this Agreement will be held in Clarkston, Michigan and in accordance with the most recently effective commercial arbitration rules of the American Arbitration Association. The arbitration proceeding will be decided by a single arbitrator and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the State of Michigan and the federal laws of the United States. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. You and Lively Flock agree that the situs of this Agreement is in the State of Michigan. You and Lively Flock agree to submit to the exclusive personal jurisdiction of any such arbitrator or arbitration proceeding.

 

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

Integration

Lively Flock hereby incorporates its Privacy Policy and Return and Refund Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Return and Refund Policy constitutes the entire Agreement between the parties with respect to the use of the Website. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Lively Flock.

 

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Lively Flock will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Lively Flock inadvertently collects such personally identifiable information, Lively Flock will delete the personally identifiable information in accordance with its security protocols.

 

Limitation on Actions

Lively Flock and you both agree that any cause of action arising out of or related to the Website or any products or services purchased or accessed through the Website must commence within one year after the cause of action accrues. Failure to assert said cause of action within one year will permanently bar any and all relief.

 

You will only be permitted to pursue claims against Lively Flock on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

Reservation of Rights

All rights not expressly granted herein are reserved to Lively Flock.

 

Notice

Any notice required by this Agreement must be in writing and must be emailed to: hello@livelyflock.com.