Privacy Policy

  

PRIVACY POLICY


Thank you for visiting the LQS website, www.LoveQuarantineStyle.com. (“LQS”). 

LQS  (“LQS,” “we,” “us,” or “our”) respects each individual’s right to personal privacy. We will collect and use information from users and in any other way disclosed in this Privacy Policy (“Policy”). LQS has no responsibility for content on websites other than LQS.com (“Website”) you may come across while navigating LQS.com. Similarly, LQS has no responsibility for content accessed on or through the LQS.com website that is created or posted by anyone other than authorized LQS employees, agents and/or representatives. This statement applies solely to information collected on or through the Website from all users (“Users”) and others who access this Website.


Please read this Privacy Policy as well as our Terms of Use before browsing or using the Website.


If you have any questions regarding this Privacy Policy or our collection and use of information, please contact us at help@LoveQuarantineStyle.com.


By using the Website, you are agreeing to the statements and policies set forth herein.


Information Collection and Usage 

LQS collects information, such as your name, phone number, email address, mailing address, age group, and gender. Users are not required to register or create an account in order to use the Website, and all Users have access to all areas of the Website intended for use by Users. Users may use the Website to upload and submit videos or other content to LQS using the Website. These videos and content will not be available on the Website until it is approved and published by LQS at its sole discretion.

Technical Information We May Collect 

We may collect the cookies and other device identifier information (such as the device type, operating system type, etc.), the time spent viewing the Website, the content you view, content shares, and favorite items. We may collect this information through clickstream tracking and automatic logging files and we use this information about you and your device to ensure that the Website is optimized for access by any and all devices used to access the Website.


Sharing and Disclosure of Your Information


Notwithstanding anything contained herein to the contrary, we reserve the right to disclose your personal information as follows: (i) where disclosure to a governmental entity is required or so ordered by a court of competent jurisdiction, (ii) if determined in the sole discretion of LQS that a crime or breach of public safety has or will occur; or (iii) if it is required in order to determine and/or evaluate claims of ownership.


Disclosure of Information in the Event of Business Transfer


In the event that LQS is involved in a merger, bankruptcy, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The covenants in this Privacy Policy will apply to your information as transferred to the entity that results from that transaction.


Disclosure of Non-Personal or Non-Private Information


LQS may share or disclose your non-private, aggregated or non-personal information. No individual or personally identifiable information will be shared.


Disclosure of Information with your Consent


LQS may share or disclose your information with your express consent, such as when you use a third party web application to access the LQS Website.


Shared Information 


We may share aggregate and demographic data with the following third parties: advertisers, sponsors, financiers, and investment firms. However, we will not provide those third parties with private information like names, ages and email addresses. LQS does not sell or share your personal information.


Disclosure to Third-Party Service Providers 


LQS may use a variety of third-party services to help provide services on the Website and to help us understand the use of the Website, such as Google Analytics for application statistics, among others. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. 


LQS uses one or more companies to place advertisements for our products and services and those of third-parties on our Site and third-party sites. Cookies and other technologies such as Web beacons or tags are used to measure the effectiveness of our ads and to determine the display of content and advertising to you based on your interests both on our site , as well as on third-party sites where you may visit. To support this interest based advertising solution, we, and companies whom we have contracted with, may use information about your visits to our and other Web sites. The information collected and used by this process does not enable any third-party to identify you individually.


Although it is our hope that you find the display of advertising to you based on your anonymous interests valuable, if you would prefer not to participate in the services offered through these solutions, you can always opt-out of this activity by visiting the Network Advertising Initiative (NAI) website by clicking http://www.networkadvertising.org/managing/opt_out.asp.


External Links 


We may offer links to third-party or LQS-affiliated websites. Should Users thereafter click links to other third-party websites, we encourage them to read the privacy policies and terms of use of those respective third-party websites as their standards may differ from ours. LQS is not responsible for any content accessed through external links.


Sharing Content with Friends


LQS may offer a bookmarking and sharing tool on our web pages powered by third-party application service providers, such as YouTube, Facebook, Twitter, Instagram, etc. Please see the respective third-party’s privacy policy for their standards and policies as they may differ from ours.


Device Identifiers 


When you use a device like a computer, tablet or phone to access our Website, LQS may access, collect, and/or store one or more “device identifiers” from your device, including without limitation, your IP address, device model/type, OS version, and UDID numbers. The purpose of this is to help prevent malicious users from interacting with the LQS Website community in an inappropriate manner, and to make efforts to ensure the website is optimized accordingly.


Email Communications and Partner Offers


When uploading content through the Website, Users may be provided an opportunity to sign up to receive email communications from LQS and to receive offers from our partners. When you sign up, we require your first name, last name, email address, sex, and date of birth. Opted-in users may receive announcements from us about our company and services. Out of respect for the privacy of our Users we present the option to not receive these types of communications through clear unsubscribe links in all communications. At any time, you can unsubscribe from our communications or email us at unsubscribe@LoveQuarantineStyle.com.

Occasionally, we may send you special offers or opportunities from our partners. You will only receive these communications if you are opted-in to receive them and you can unsubscribe at any time.


Certain account-related announcements and administrative messages are necessary as an LQS subscriber and you will not be able to opt-out of these required messages


Advertising


We may use information you provide, text, photos, videos, and metadata to make our Website advertising, if any, more contextually relevant. Advertising dollars help LQS make money and if the ads are more contextually relevant, they will be more interesting to our Users. However, once you leave the LQS website and are interacting with an advertiser, we are not responsible for your dealings with them.


Kids Policy


LQS does not actively market to children, and we never knowingly ask a child under 13 to divulge personal information. You must be at least 13 years of age to access the Website, and at least 18 years of age to upload content and participate in any contests on the site. Any inappropriate content should be immediately reported to help@LoveQuarantineStyle.com.

Your Consent and Changes to This Policy

By accessing the LQS Website, you consent to the collection and use of information by LQS as outlined in this Policy. The most current version of the Policy will govern our use of your information. By continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Privacy Policy.


If you have questions about this Policy, contact us at help@LoveQuarantineStyle.com.

Terms Of Use

  A. THE SERVICES; AUTHORIZATION TO USE:

Please read these terms and policies (referred to herein as “Terms of Use”) as well as the LQS Privacy Policy (found at http://www.LQS.com/privacy/ and incorporated herein by this reference) before using the LQS website (“LQS website,” “LQS site,” “website,” or “site”) or any of LQS’s products, software, data or other applications (collectively referred to as the “Services”). By using the Services, you (“You” or “Your”) acknowledge and agree to be legally bound by these Terms of Use. If You do not agree to these Terms of Use, or if you do not have the authority to agree, You may not use the Services. 


B. CONTENT: “Content” shall mean any text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, graphics, videos, all forms of audiovisual works and recordings, and each element contained therein, including, without limitation, any and all copyright and other intellectual property rights thereto, as well as all original materials created by You which are incorporated therein, including, without limitation, all artwork, dialogue, literary material, music and musical compositions (including lyrics), sound recordings, characterizations, interactive features, Your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that are submitted, posted, uploaded, embedded, displayed, distributed, communicated or otherwise added to or through the Services.


C. PERPETUAL ROYALTY-FREE, EXCLUSIVE WORLDWIDE GRANT OF RIGHTS: By adding or uploading Content to LQS either to or through the Services, You are transferring ownership of the Content to Pink Dog Productions, Inc. and its subsidiaries, parents, principals, affiliates, licensees, successors and assignees (individually and collectively referred to herein as “PDP”). Said transfer irrevocably grants PDP the sole and exclusive worldwide ownership of all right, title and interest in and to this Content and all elements thereof and the fully-paid, royalty-free, licensable and transferable, in whole or part, worldwide license to all embedded third-party copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and property rights that You own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, edit, adapt, translate, create derivative works based upon, perform and otherwise exploit such Content, in whole or in part, in PDP’s sole discretion, in all media formats, platforms, and channels now known or hereafter devised (including, but not limited to, on websites, social media, cable and broadcast television networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to You or the foregoing third-party(ies), with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity.


D. ADDITIONAL USE OF THE CONTENT: Your Content, once submitted to LQS, along with Your first name and last name may be (in addition to all other rights granted herein) posted by PDP on the LQS website, and also on pages of other social media sites, such as, without limitation, Facebook, YouTube, and Twitter and may be used by PDP and/or its partners, licensees, assigns, or affiliates (collectively referred to as the “Sites” or “LQS Affiliates”). Once Your submissions are posted on the Sites for public viewing, they may be shared by third party users of the Sites. 


E. NAME AND LIKENESS: Without limiting the foregoing grant of rights, You understand and agree that Your grant also includes the right to use Your name, voice, likeness, biographical information, appearance and performance in and in connection with the Content or video and/or the Programs, as defined below (collectively, the “Personal Rights”). Your grant includes use of Your Personal Rights and any use PDP may make of the Content, including, without limitation, any use of the Content in the LQS Library (if any), and/or any other program(s), format(s), production(s), commercials, commercial tie-ins, product endorsements, licensing, product merchandising and/or merchandising of any kind, and also includes, without limitation, the right to use the Content and the Personal Rights to publicize, advertise and promote any and all of the Programs and/or broadcaster’s or other applicable exhibitor’s or transmission entity’s respective programs, products or services, including, inter alia, transmission by satellite and over the Internet (collectively the “Programs”) in any and all media, whether now known or hereafter devised, including, without limitation, all forms of home video (including, but not limited to, videocassettes, DVDs, digital recordings and transmissions); theatrical motion pictures; compilations; printed media; the Internet, websites and any and all digitized versions (including, without limitation, any sponsored or commercial use in connection with online banners, “pre roll,” “post roll,” and/or targeted advertising, graphic overlays and watermarking, and any other modifications or edits to the Content itself), digital and electronic devices (including, but not limited to gaming devices such as entertainment stations and handheld devices, such as, Nintendo, Playstation, Xbox, Gameboy, cell phones, and tablets); all new media and future technologies and all forms of television, (e.g., free, pay, pay-per-view, cable, satellite, OTT or otherwise) throughout the universe in perpetuity and in any and all advertising, publicity and promotion relating to any of the foregoing (all of the foregoing, collectively, “Commercial Rights”). You also understand and agree that PDP may sell, assign or license the rights hereunder (in whole or in part) to any third party in its sole discretion and without providing any further consideration or notice to You.


F. YOUR PERSONAL USE: Further to the foregoing, PDP grants to You a limited, nontransferable, non-commercial, personal use license in the Content for the purpose of personal, non-commercial use, including using the Content in Your personal social networking account(s) online and using in Your personal social media sites (e.g., YouTube and Facebook) for the sole purpose of posting on such social media site with no other rights in the Content granted to You or such site, subject to PDP’s rights to remove or to have removed the Content upon notice to You. This license does not in any way permit You to license, sell, transfer, or otherwise commercialize or monetize the Content with any third-party, including without limitation exhibiting and/or distributing the Content except as described in this paragraph. 

In the event that LQS offers downloads of software on the site and You download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to You by PDP or third-party licensors for Your limited, personal, non-commercial home use only. PDP does not transfer title to the Software to You. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.


G. CONSIDERATION: You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged by You. Without limiting the generality of the foregoing, You acknowledge that such consideration includes, among other things, Your use of the Services and receipt of data, materials and information available at or through the Services, the possibility of PDP’s use or display and/or distribution of Your Content and the possibility of the publicity and promotion from PDP’s use or display and/or distribution of Your Content accruing to You.


H. MORAL RIGHTS: To the extent any “moral rights,” “ancillary rights,” or similar rights (“Moral Rights”) in or to the Content exist and are not exclusively owned by PDP and to the extent You are able to do so under applicable law, You hereby waive such Moral Rights, and agree not to enforce any such rights as to PDP its licensees, distributors, agents, representatives and other authorized users, and, further, You shall procure the same agreement not to enforce such rights from any others who may possess such rights. To the extent such waiver or agreement is unenforceable, You hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Content, You must obtain a Moral Rights Consent from that person and provide it on request to PDP. A “Moral Rights Consent” means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Content by or on behalf of PDP, LQS, or any licensee or subsequent owner of copyright in the Content. You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Content submitted by You to LQS or PDP.


I. TIME LIMITATION ON CLAIMS: You agree that any claim you may have arising out of or related to your use of the Services or relationship with LQS and/or PDP, must be filed within one year after such a claim arose; otherwise, Your claim is and shall be permanently barred.


J. ENTIRE AGREEMENT: These Terms of Use, together with the LQS Privacy Policy, which is incorporated herein by reference, are the entire and exclusive agreement between PDP, LQS and You regarding the Services, and these Terms supersede and replace any prior agreements between us regarding the Services. No person or company will be third party beneficiaries to these Terms of Use.

PDP may revise these Terms of Use from time to time.  By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.

The Services are operated and provided by PDP having a mailing address of 9595 Wilshire Boulevard, Suite 701, Beverly Hills, California 90212. If You have any questions about these Terms, please contact LQS at help@LQS.com.


K. REPRESENTATIONS AND WARRANTIES:

You warrant to PDP that You have not submitted or granted the rights to the Content to any third party, including without limitation, any television, online, or media entity or except by private transmission to Your family solely for their own private use and with no other rights granted to the Content, and except to social media sites (e.g., YouTube and Facebook) for the sole purpose of posting on such social media site with no other rights in the Content granted to such site, all subject to PDP’s rights to remove or to have removed the Content pursuant to notice from PDP to You. You further represent and warrant that: (1) a) You are the sole and exclusive owner of the Content that You upload or submit, b) You have the full right and authority to enter into this agreement and to grant all rights granted herein, and c) You agree not take any action to impair the rights You are granting herein; (2) the making, exhibition, distribution and/or other exploitation of the Content in connection with any Program(s) does not violate or infringe the rights of others or constitute a defamation or invasion of their privacy or right of publicity; (3) have not falsely identified any individual involved in the shooting of the Content or any individual whose appearance or voice is incorporated in the Content; (4) You have obtained all necessary consents and permissions required for PDP to exploit the rights granted hereunder (including any music owned by any third parties, if any) and, if requested by PDP, that all executed third party consents and/or releases which You provide contain true and accurate contact information for the signing party(ies) and have been actually signed by the legal owner of the rights being granted pursuant to such consents and/or releases and that anyone featured who is under 18 years old is either a member of Your immediate family under Your authority and/or their legal guardian has granted written consent; and (5) the Content and its use by PDP does not fall under the jurisdiction of any guild or union (for example, the DGA, SAG-AFTRA, or the WGA).

To the extent that any Content You add or upload through the Services contains original songs or recordings, You hereby represent that You are either a member of ASCAP, BMI, SESAC or another applicable mechanical performing rights and/or copyright owners’ society and that You have the right to license to PDP at no cost to PDP, all musical compositions (including lyrics) and the sound recordings. Notwithstanding the foregoing, regardless of whether You are a member of any rights society, You grant the foregoing license and rights with respect to each and every musical composition in which You have the authority or right to grant such rights (including lyrics) and sound recordings contained in such Content. In the event You cannot grant such rights to the sound recordings You agree that PDP may remove the Content from the site or alter the Content to remove and/or replace the sound recordings at LQS’s sole election. 


L. INDEMNIFICATIONS: You hereby agree to indemnify, defend and hold PDP, and its affiliates, licensees, grantees, successors and assignees, the Program(s)’ broadcasters, and the respective officers, directors, employees and representatives of each of the foregoing entities, companies, and organizations and any and all other related person(s) or entity(ies), harmless against any and all losses, claims, debts, demands, liabilities, attorneys’ fees and expenses, and all other damages or costs arising from or related to: a) any breach of Your representations or warranties made herein or the falsity of any of such representations or warranties, including, without limitation, any and all claims by third parties that their signature(s) has or have been forged or otherwise obtained by any improper means, and b) the use by grantees of any of the rights and permissions You have granted herein, and c); any act or omission by You in connection with Your Content.


M. DISCLAIMERS: PDP and LQS cannot and do not assume any liability from user Content posted to the site. Use of the LQS website and the Services it provides are at Your sole risk. Downloading any content from the site will be done at Your own risk and PDP and LQS are not responsible for any harm that may be done to Your computer. Special needs users should consult their physician before using the site. PDP and LQS are not responsible for any defamatory, unlawful, pornographic, or otherwise offensive or infringing material that You may find while navigating the LQS website. PDP is not required to screen any Content on the LQS website but reserves the right to remove or edit any Content without prior notification at any time. PDP and LQS are not responsible for any loss of data from failure of LQS’s computer systems, storage systems or for any other reason.

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE, THE SERVICES, PDP, LQS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PDP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. NEITHER PDP NOR LQS WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES, INCLUDING INTER ALIA, THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR FREE OF NEGLIGENCE. PDP AND LQS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST PDP AND LQS WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

Reliance on any information appearing on an LQS website or Services is strictly at Your own risk. This site may contain the opinions and views of other users. Given the interactive nature of these sites/Services, PDP and LQS cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by LQS’s users. The Content of the LQS site is intended for educational and entertainment purposes only. The content therein is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.


N. LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PDP, ITS PARTNERS, LICENSORS, ASSIGNS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF PDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PDP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICES. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL, PDP, ITS LICENSORS, ASSIGNS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND PDP’s REASONABLE CONTROL.

SUBJECT TO APPLICABLE LAW, PDP MAY TERMINATE YOUR FURTHER ACCESS TO THE SERVICES OR CHANGE THE SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.


O. IMPERMISSIBLE CONDUCT: PDP reserves the right at all times, in its sole discretion, to remove or refuse to distribute any Content on the Services and to terminate user profiles. PDP also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to comply with any applicable law, regulation, legal process or government request; enforce the Terms, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; and/or protect the rights, property or safety of PDP, LQS, its Users and the public.


P. ADVERTISING: LQS may offer advertisements and promotions on the Services or website. Interacting with these advertisers will be solely Your responsibility.


Q. JURISDICTIONAL AND VENUE ISSUES; GOVERNING LAW: Subject to the requirements of applicable consumer rights and other laws, and the arbitration provisions below, You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Services shall be filed, and that venue properly lies, only and exclusively in state or federal courts located in Los Angeles, California, United States of America, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. PDP makes no representation that Content on the site or through the Services is appropriate or available for use in any particular location. Those who choose to access the site do so on their own initiative and are responsible for compliance with all applicable laws, including any applicable local laws.

Subject to the requirements of applicable consumer rights and other laws, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use by PDP shall be deemed a further or continuing waiver of such provision or any other provision, and PDP’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 


R. AMENDMENT: Subject to applicable law, at any time, PDP may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). 


S. TERMINATION: These Terms of Use are effective until terminated by PDP. You may terminate these Terms of Use at any time by discontinuing use of the Services and/or deleting Your account, however such termination in no way affects any rights granted to PDP relating to Content that You may have submitted prior to termination, all of which shall remain in full force and effect and shall be governed by these Terms of Use. PDP may immediately terminate these Terms of Use with respect to You (including Your access to the Services) in PDP’s absolute discretion including, without limitation, if You breach or fail to comply with any material term or provision of these Terms of Use. 


T. RELATIONSHIP OF THE PARTIES: You hereby appoint PDP as Your agent and attorney-in-fact with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. You agree that any submissions You make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and PDP in any way.


U. TRADEMARKS & COPYRIGHT: All of the LQS Services, trademarks, slogans, service marks, trade names, design including all logos, look and feel, headers, images, content, language, and slogans, data, and software are the proprietary property of PDP and/or PDP’s partners, affiliates, licensors, assigns, or licensees, and are protected by U.S. and international copyright, trademark, and property laws. This Content cannot be used or copied without PDP’s written consent. You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Services or content or any part thereof to You or any third party, nor to authorize You to create derivative works based on the Content unless otherwise specifically authorized herein.


V. ARBITRATION; NO CLASS ACTIONS

You agree that all disputes between you and PDP and/or LQS (whether or not such dispute involves a third party) with regard to your relationship with PDP and/or LQS, including without limitation disputes related to these Terms of Use, your use of the Services, and/or rights of privacy and/or publicity, shall be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and PDP hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor PDP will participate in a class action or class-wide arbitration for any claims covered by this agreement or these Terms, and expressly waive Your right to participate in such actions or proceedings. You also agree not to participate in claims brought by a private attorney in a representative capacity, or consolidated claims involving another person’s account, if PDP or LQS is a party to the proceeding, and expressly waive Your right to participate in such actions or proceedings. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either PDP or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so properly, neither you nor PDP can require the other to participate in an arbitration proceeding. To opt out, you must notify PDP in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Pink Dog Productions, Inc. c/o 9595 Wilshire Boulevard, Suite 701, Beverly Hills, California 90212.  You must include your name and residence address, the email address and username you use for your LQS website account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with LQS and/or PDP.