This terms of use agreement ('Agreement') constitutes the entire agreement for using the lovebyday.com website ('Service') between you and Fresh Vision Design (the 'Service provider'), and completion of the subscription service indicates acceptance to this Agreement.

Your right to use the Service is subject to any conditions or restrictions imposed by the Service provider's sole discretion. The Service provider may alter, suspend or discontinue any aspect of the Service, and may impose limits on aspects of the Service or restrict access to aspects of the Service, at any time and without notice or liability.

The Service provider may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via email, as determined by the Service provider's sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service following the posting of notice of any changes in this Agreement will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

You must be 18 years of age or older to use, visit or become a registered member of the Service.

By using, visiting or accepting the terms of this Agreement upon registration, you represent and warrant to the Service provider that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement.

The Service provider collects personal information from you to provide the Service. The Service provider will not sell, share, or rent your personal information, or otherwise make any unauthorised use of your personal information.

By using the Service you acknowledge that:

The Service provider cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;

The Service provider is not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and

The Service provider does not assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose, and any unlawful use may permit the Service provider providing your personal information to law enforcement. The Service provider may refuse to grant you an ID or nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by the Service provider's sole discretion.

Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.

You agree to use the Service in accordance with the following Code of Conduct:

You will keep all information provided to you through the Service private and confidential and will not give such information to anyone without the permission of the Service provider; and

You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain abusive, defamatory, racist, pornographic, obscene, or offensive connotations; and

Although you may find other member's communications, graphics or other information inappropriate, offensive, harmful, inaccurate or dishonest, you alone are solely responsible for your use of the Service and interaction with other users. You agree to act responsibly and at your own risk, and exercise caution when using the Service.

You will not forward chain letters through the Service; and

You will not post messages, pictures or recordings, or use the Service in any way which:

i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or

ii. is fraudulent or otherwise unlawful; and

You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

You will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, the systems of the Service provider or to other user's systems in any way; and

You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.

The Service provider reserves the right of removal of the Service for any reason at any time. The Service provider is not otherwise liable for suspension of the Service or any damage arising out of such suspension, regardless of the cause of the suspension.

The Service provider may, without notice, terminate or suspend all or part of your access to the Service at any time and for any reason, including but not limited to breach of the above Code of Conduct.

6.3 In furtherance of clause 7.4, in the event of termination or suspension of your access to the Service, the Service provider reserves the right to retain any information provided by you, including but not limited to your email and IP address.

The Service provider reserves the right, in its sole discretion and without notice, to delete, edit or restrict access to any messages or other materials posted by you which are deemed to breach the above Code of Conduct or be otherwise inappropriate. Without limiting the above Code of Conduct, you will be solely responsible for the content of any messages or other material, including profiles, public postings or any recordings, which you post to the Service or send to any users.

The Service provider reserves the right to monitor all advertisements, public postings and messages to ensure that they conform to this Agreement.

Without limiting the above, the Service provider acknowledges that it cannot review every message or other material posted or sent by users of the Service, and is not responsible for any content of these messages or materials.

The Service provider may send emails to you for the purpose of informing you of changes or additions to the Service, or of any related products and services.

The Service provider reserves the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

The Service provider makes no express or implied warranty or guarantee relating to the Service and its use by users, and you acknowledge that use of the Service is at your sole risk.

Without limiting any terms of this Agreement, the Service provider is not liable for any inaccuracy or unreliability of any message or other material, including but not limited to any profile, advertisement or public posting which is posted by any user of the Service.

Without limiting any terms of this Agreement, the Service provider, its officers, directors, employees and agents shall not be liable to you or any third party for any direct or indirect loss whatsoever caused by your use or reliance on information obtained through the content distributed by the Service; or for any direct or indirect loss caused whatsoever by any service failure, error, deletion, delay, virus or unauthorized access to the Service.

This clause 8 is subject to any obligations implied by law which cannot be excluded. Liability for breach of such obligations shall be limited to the individual user and to rectification of the Service in relation to that individual user.

The Service provider asserts its exclusive intellectual property rights, including but not limited to its exclusive copyright and trademark rights, in relation to all aspects of the Service.

Any reproduction of any content on the Service is prohibited, unless it is:

i. for the purpose of viewing the Service on your browser; or

ii. permitted by the Copyright Act 1968 (Cth); or

iii. expressly authorized in writing by the Service provider.

You agree to indemnify the Service provider, its officers, directors, employees and agents for any loss or damages, including but without any limitation reasonable legal fees, which are incurred in connection with any claim arising out of any breach by you of this Agreement or Code of Conduct.

You shall cooperate as fully as reasonably required in the defence of any claim. The Service provider reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you provided, however, that you shall remain liable for any such claim.

This Service and Agreement is governed by and construed in accordance with the laws of Victoria, Australia.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will retain their full effect.

The Service provider reserves the right at its sole discretion and without notice to require and receive payment from users to use the Service upon registration and monthly thereafter ('Registration fee').

The amount of the Monthly fee will be in the Service provider's sole discretion.

The Registration fee will only apply to users who register for the Service after the exercise of such discretion; existing users before the exercise of such discretion will not be liable to pay the Registration fee.