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Terms of Service

Effective Date: October 30, 2006

LoveItShareIt (TM) Digital Distribution Service

Welcome to the LoveItShareIt.com web site, which is located at loveitshareit.com, i-fenxiang.com, and ifenxiang.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and LoveItShareIt.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the LoveItShareIt.com Service. Use of the LoveItShareIt.com Web Site constitutes acceptance of these TOS.

LoveItShareIt.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the LoveItShareIt.com Web Site. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the LoveItShareIt.com Service. Your continued use of the LoveItShareIt.com Web Site following posting of a change notice or new TOS on the LoveItShareIt.com Web Site will constitute binding acceptance of the changes.

This User Agreement ("Agreement") is made by and between LoveItShareIt ("loveitshareit.com" , "i-fenxiang.com", or "LoveItShareIt"), a service of michaelangela design, with offices at 11209 Walrond Ave., Kansas City, MO, 64137, and a Content Owner ("you" or "Member"). This Agreement contains the terms and conditions that govern your use of this Web Site.

1. Definitions

1.1 "LoveItShareIt Service" means all of the services that Loveitshareit.com offers, including but not limited to the "Distribution Service" and all technology, processes and materials used to provide such services.

1.2 "Loveitshareit.com Web Site" means the web site located at the domain names "loveitshareit.com", "i-fenxiang.com", and at such other domain names used to identify web sites on which Loveitshareit.com may offer the Loveitshareit.com Service.

1.3 "Distribution Service" means the service offered by Loveitshareit.com that enables Media and Products to be digitally distributed.

1.4 "Member" means any person or entity who opens and maintains a distribution account with LoveItShareIt.

1.5 "Member Content" means any content supplied by the Member to the Loveitshareit.com Service, including but not limited to the images, artwork, audio, video, trademarks, trade names and other data uploaded to Loveitshareit.com (such as FLAC audio, MP3 audio, Quicktime or AVI video), entered through Web forms, or mailed to Loveitshareit.com (such as CD DVD masters).

1.6 "Product" means any product created, designed, manufactured, marketed or sold by a LoveItShareIt Creator using the Loveitshareit.com Service.

1.7 "LoveItShareIt Creator" is a Member that markets or sells Products using the Loveitshareit.com Service.

2. General Rules

2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Loveitshareit.com Service, whether you just browse the Loveitshareit.com Web Site, use its freely-available services, use it's paid-services, or become a Member.

2.2 Loveitshareit.com may modify the Loveitshareit.com Service at any time with or without notice to you.

2.3 If Loveitshareit.com determines, in its sole and absolute discretion, that you will breach a term or condition of this Agreement by designing, manufacturing, marketing or selling a Product that infringes the rights of others or otherwise does not meet the standards of Loveitshareit.com, Loveitshareit.com may cancel any order for such Product without any liability to you or any third party.

3. Opening an Account

3.1 Eligibility. LoveItShareIt.com will only knowingly provide the LoveItShareIt.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the LoveItShareIt.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The LoveItShareIt.com Service is not intended for children under the age of 13.

3.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the LoveItShareIt.com Service and the Web Site.

3.3 To become a Member, you must contact Loveitshareit.com through the website, by phone, by mail or via email. LoveitShareIt will then create an account for you. This account is not accessible online but in an internal database to maintain accurate records of product ownership.

3.4 You must provide Loveitshareit.com with accurate and complete contact and payment information if you open an account with Loveitshareit.com. Payment information should include either (i) the contact information and address for mailing a check, (ii) a PayPal account to use to remit payments to you, or (iii) a bank account and requisite information to transfer funds directly to your account. You must promptly notify Loveitshareit.com if any of this information changes.

3.5 You must notify Loveitshareit.com immediately if you become aware of any other breach or attempted breach of the security of the Loveitshareit.com Service.

4. Your Conduct

4.1 LoveItShareIt grants you a limited revocable license to access and use the Web Site and the LoveItShareIt Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by LoveItShareIt; to compete with LoveItShareIt; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, LoveItShareIt may revoke the license granted to you. This section does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 6.

4.2 You must use the Loveitshareit.com Service in a manner that demonstrates good taste and respect for the rights of Loveitshareit.com and third parties.

4.3 If you make products available for distribution through LoveItShareIt, you will be solely and exclusively responsible for ensuring that the contents and the contents of any web sites linked to your products, are in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules.

4.4 You will not use the Loveitshareit.com Service to post content or to market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) is sexually suggestive or contains explicitly sexual content (including nudity), (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages or depicts the use of drugs, alcohol or cigarettes or (ix) is generally offensive or in bad taste.

4.5 You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Products, (ii) interfere with the Loveitshareit.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Loveitshareit.com Service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Loveitshareit.com Web Site, (v) collect electronic mail addresses or other information from third parties by using the Loveitshareit.com Service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third party's ability to use or enjoy the Loveitshareit.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement.

4.6 2.4 Third-Party Services. LoveItShareIt may use third parties to provide certain services accessible through the Web Site. LoveItShareIt does not control those third parties or their services, and you agree that LoveItShareIt will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with LoveItShareIt's TOS, agreements or policies, you must comply with LoveItShareIt's TOS, agreements or policies, as applicable.

5. Compensation.

This Section will apply to you if you sell Products "for-profit" using the Loveitshareit.com Service.

5.1 Loveitshareit.com members are compensated on a quarterly basis as long their LoveItShareIt dollar amount is above the payment threshold ("Payment Threshold", minimum amount is currently $25). If you earn less than the dollar amount selected as the payment threshold ("Payment Threshold"), then the amount of such compensation will not be paid, but will accrue to your account until such time as it becomes equal to or greater than the Payment Threshold. Loveitshareit.com will either (i) send a check for the amount of such compensation, (ii) send funds to a PayPal account you notify us to use for your payments (you will be responsible for transaction fees), or (iii) transfer the funds to a bank account you notify us to use for your payements (you will be responsible for transaction fees) no later than 60 days after the end of the month in which the total amount of accrued compensation may reach or exceed the Payment Threshold. Loveitshareit.com may, at its option, send you a payment by your chosen method before your accrued compensation reaches or exceeds the Payment Threshold.

5.2 Loveitshareit.com will make available to you a real-time online sales report and chart. The report will list for each such month or selected date range (i) the number and type of all Products sold, (ii) and all money or compensation you earn.

5.3 If Loveitshareit.com owes you accrued compensation that is less than the Payment Threshold for at least 365 days, then Loveitshareit.com may send you payment of such accrued compensation minus a $5 processing fee. If the amount of accrued compensation is under $5 for at least 365 days, such amount will be stored and credited until your account reaches the Payment Threshold.

5.4 If you or Loveitshareit.com terminate your account, and you have less than $25.00 in accrued but unpaid compensation then outstanding, Loveitshareit.com may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.

6. Intellectual Property Rights

6.1 Loveitshareit.com Service: Loveitshareit.com will solely and exclusively own all LoveItShareIt intellectual property and other rights, title and interest in and to the Loveitshareit.com Service, and Loveitshareit.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore, and you will not acquire any right, title or interest therein, under this Agreement or otherwise.

6.2 Rights to Member Content: You will retain all rights to your Member Content. You hereby grant to Loveitshareit.com a royalty-free, worldwide, nonexclusive, right and license to use your Member Content in connection with the advertising, promotion, production and sale of the Products you choose to sell in accordance with this Agreement. You grant Loveitshareit.com permission to reproduce your Member Content in Loveitshareit.com marketing and advertising, provided Loveitshareit.com credits you as actual owner of the Member Content. Loveitshareit.com will not represent that it owns your Member Content. If you or Loveitshareit.com terminate your account, Loveitshareit.com will cease its use of your Member Content as soon as reasonably practical.

7. Representations and Warranties

7.1 Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions.

7.2 You represent and warrant to Loveitshareit.com that any content you submit to Loveitshareit.com and any Product that you design, manufacture, market or sell using the Loveitshareit.com Service will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any third party.

7.3 Approvals and Consents. You must have all necessary approvals and consents to use all Content and you must deliver copies of those approvals and consents to LoveItShareIt.com, if LoveItShareIt.com requests them.

8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

8.1 LOVEITSHAREIT.COM PROVIDES THE LOVEITSHAREIT.COM SERVICE ON AN "AS IS" BASIS. LOVEITSHAREIT.COM DOES NOT REPRESENT OR WARRANT THAT THE LOVEITSHAREIT.COM SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. LOVEITSHAREIT.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

8.2 THE THIRD-PARTY LINKS, SERVICES, RESOURCES AND INFORMATION THAT LOVEITSHAREIT.COM PROVIDES ON OR MAKES AVAILABLE THROUGH THE LOVEITSHAREIT.COM WEB SITE ARE NOT CONTROLLED BY LOVEITSHAREIT.COM. ACCORDINGLY, LOVEITSHAREIT.COM MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.

8.3 LOVEITSHAREIT.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE LOVEITSHAREIT.COM SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY LOVEITSHAREIT.COM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

9. Indemnification.

You must indemnify and hold Loveitshareit.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Indemnified Parties insofar as such Claim alleges facts or circumstances that would constitute a breach of any provision of this Agreement by you. If you are obligated to provide indemnification hereunder, Loveitshareit.com may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the consent of Loveitshareit.com. If you have to indemnify LoveItShareIt.com under this Section, LoveItShareIt.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without LoveItShareIt.com's express written permission.

10. Third-Party Services.

Loveitshareit.com may use third-parties to provide certain services that you may link to from Loveitshareit.com. These services may have their own terms of use and other policies. You will be governed by such terms and policies as well as the terms of this Agreement.

11. Additional Terms.

The following agreements, rules and policies contain additional terms and conditions that govern your use of the Loveitshareit.com Service. Loveitshareit.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the Loveitshareit.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.

11.4 Loveitshareit.com may receive a notice of claimed infringement and take appropriate action under its Intellectual Property Rights Policy. Loveitshareit.com provides an internet-based distribution service to users which they use to sell media merchandise. We contractually prohibit our users from using the service to sell media merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity).

Loveitshareit.com tries to conduct business in a manner that limits the instances where a user sells merchandise that may infringe the intellectual property rights of others. However, LoveItShareIt cannot assure that the merchandise sold may not, from time to time, infringe such rights.

Accordingly, LoveItShareIt encourages intellectual property rights owners to contact us if they believe that their rights have been infringed by the sale of a user's media merchandise using the Loveitshareit.com Distribution service. If you let Loveitshareit.com know that your rights are being infringed by one of our users LoveItShareIt will (in our discretion) remove the infringing merchandise and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.

Identification of the copyright or other rights that have been allegedly infringed.

The URL used in connection with the sale of the allegedly infringing merchandise.

Your name, address, telephone number and email address.

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.

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

12. Termination

12.1 In its sole and absolute discretion, with or without notice to you, Loveitshareit.com may (i) suspend or terminate your use of the Loveitshareit.com Service, (ii) terminate your account, and (iii) remove any of your Media from Loveitshareit.com's servers.

12.2 If you are a Member, you may terminate your account for any reason at any time.

12.3 This Agreement will survive indefinitely unless and until Loveitshareit.com chooses to terminate it, regardless of whether any account you open is terminated by you or Loveitshareit.com.

12.4 If you or Loveitshareit.com terminate your account, or if Loveitshareit.com takes any action pursuant to Section 12.1, Loveitshareit.com may delete any web sites, web pages, files, graphics or other content or materials relating to your use of the Loveitshareit.com Service on Loveitshareit.com's servers or otherwise in its possession and Loveitshareit.com will have no liability to you or any third party for doing so. If you or Loveitshareit.com terminate your account you must immediately remove all links to the Loveitshareit.com Web Site from any web sites you operate and cease representing yourself as a Member.

13. Notices

All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to Loveitshareit.com, you must use the address first set forth above or the following email address: copyright@Loveitshareit.com. If Loveitshareit.com provides notice to you, Loveitshareit.com must use the contact information provided by you to Loveitshareit.com. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on the return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated.

14. Dispute Resolution

All disputes arising out of, relating to or connected with these TOS or your use of any part of the LoveItShareIt.com Service will be exclusively resolved under confidential binding arbitration held in Jackson County, Missouri before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Missouri law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Jackson County, Missouri. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Missouri State courts in Jackson County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the LoveItShareIt.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 14, LoveItShareIt.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

15. Miscellaneous

This Agreement will not be assignable or transferable by you without the prior written consent of Loveitshareit.com. This Agreement (including all of the agreements, rules and policies described in Section 11, which are hereby incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. Loveitshareit.com is a functional media transaction service and no agency, partnership, contractor, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.