Luvemorleavem.com Terms and Conditions of Use
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, STOP ACCESSING OR USING THESE SERVICES IMMEDIATELY. YOUR CLICKING ON THE BUTTON MARKED "I ACCEPT" OR YOUR CONTINUED USE OF THE SERVICES OR ACCESS TO THE SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This Agreement is between you (“User”) and luvemorleavem.com, LLC (“Company”), a Tennessee limited liability company. Company owns and operates the web site with its home page located at www.luvemorleavem.com (“Site”). You certify to Company that you, if an individual, are at least 13 years of age, are legally permitted to use the Services and access the Site, and take full responsibility for such use and access. If this Agreement is void or prohibited by the laws of any jurisdiction, your right to access the Site and use the Services is revoked in such jurisdiction.
1.Right To Use The Services. Subject to the terms and conditions of this Agreement, Company grants you a revocable, non-exclusive, non-transferable, limited right to use the Services provided by Company, which include, without limitation, enabling User to post his or her love “dilemma,” to comment and vote on other Users’ love “dilemma” (i.e., whether the other Users should “love” or “leave” their relationships), or any other services the Company may provide (collectively, "Services"). The Services are provided to you for your own personal non-commercial use, and not for the benefit of any third party. You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable or sublicenseable (through multiple tiers) right and license in all of the content and materials you provide to Company or post on the Site to use and exploit such content and materials in any way to the fullest extent without restrictions. Company may impose restrictions on any features or Services or limit Users’ access to parts or all of the Site or Services, and may change, suspend or discontinue any of its Services, including the availability of any feature, database, or content, at any time without notice or liability to Users.
2.User Account. As a condition to use some of the Services, you may be required to register with the Company, to provide information such as a User ID and a password, your name, country, mailing address, telephone number, email address, date of birth and gender (collectively, “Registration Information”). By registering on the Site, you will automatically receive Company’s email newsletters, account updates and other promotional materials. However, you may opt out of these communications either during registration or at a later point through your account page. You shall submit true, accurate, complete and updated Registration Information. You are solely responsible for maintaining the confidentiality of your account information, Registration Information and passwords. You may not use, as a User ID, a name of another person or entity with the intent or effect of causing likelihood of confusion with that person or entity, or otherwise a name subject to any right of a third party without appropriate authorization. You are fully responsible for all activities that occur under your account or passwords. Company reserves the right to verify User information, including any of the Registration Information, and may refuse the registration of, suspend or cancel, a User ID or User account for any reason in its sole discretion without notice to the User.
3.User Obligations And Use Restrictions. You may not post content in an incorrect or inappropriate category or area on the Site. You may not post any material that is false, obscene, slanderous or threatening, or reveal any personal contact information such as name, address, phone number or email address of yourself or anyone that you are posting about. Content or materials displayed on the Site may be protected by copyright, with or without copyright notice. You may not copy, use or exploit any such content or material in any manner that infringes on the rights of the Company or a third party. You may not use the Site or Services to violate or breach the security of any computer network, crack passwords or encryption codes, or transfer or store illegal materials including those that are deemed threatening, obscene or slanderous. You may not run or operate any kind of maillist, listserv or any form of autoresponder, or distribute or post spam, advertisements, chain letters, or pyramid schemes through the Site or Services. You may not take any action that may undermine the commenting or voting system of the Site, including without limitation, displaying or exporting comments or voting information off of the Site, importing such information onto the Site, or using such information for purposes unrelated to the Services. You may not transfer your account to any third party or use the Site or Services for any commercial purposes or for the benefit of any third party. You may not solicit in any form or manner any private information, such as password or User ID, regarding any User’s account, or solicit any User to patronize your or a third party’s products or services. You may not create more than one User ID or create any User ID for the purpose of defrauding Company. You may not harvest or otherwise collect any information about Users, including, but not limited to, email addresses or date of birth, without their consent. You may not use any robot, spider, scraper or other automated means to access the Site for any purpose without Company’s express written permission. You may not take any action that imposes or may impose, in Company’s sole discretion, an unreasonably or disproportionately large load on Company’s infrastructure. You may not use the Services to operate server programs, including, but not limited to, mail servers, IRC servers, ftp servers or Web servers. You may not use any technology, method or device to maintain a constant connection with the Site or Services. You may not interfere or attempt to interfere with the proper working of the Site, the Services or any activities conducted on the Site. You may not bypass or circumvent any measures we may use to prevent or restrict access to the Site. If you wish to link to the Site, you may only provide a link from a web site operated by you directly to the home page of the Site (www.luvemorleavem.com) or to a user profile page within the Site. You may not, without Company’s express written permission, (a) link to any part of the Site through the use of frames, inline links or any other similar technology whereby the content will be displayed without leaving the linking web site, (b) use any trademark, logo or content as part of a link, and/or (c) create any link implying, intentionally or unintentionally, that an endorsement, sponsorship or affiliation with Company exists when that is not the case.
4.Suspension and Termination. Company has the right, but not the obligation, to modify or remove any content you post on the Site at any time for any reason without notice or liability to you. Furthermore, Company may, immediately in its sole and absolute discretion, suspend or terminate your User account and/or deny your access to the Site or Services at any time for any reason, including, without limitation, actual or potential violation of any provision of this Agreement, or for no reason at all without notice to you. In addition to the foregoing, Company may, at its sole discretion, limit your activities on or access to the Site or Services and/or issue a warning to other Users of your actions.
5.Protecting Copyrights. If you believe your work has been copied and posted on or through the Site or our Services in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information: (a) identification of all copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) your contact information, such as an address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. For notification of claimed infringement, we can be reached as follows: Luvemorleavem.com LLC, P.O. Box 1296, Mount Juliet, TN 37121; Attn: Copyright Administrator.
7.Disclaimers. The Site and Services are not intended to provide, and should not be considered by you as providing, any sort of professional advice. Content or materials posted by Users do not reflect the opinions or policies of the Company. Company has no special relationship with or fiduciary duty to any User and has no duty to act with regard to which User can or should access or use the Site or Services. Company makes no representations whatsoever concerning, and shall not be responsible or liable for, the accuracy, completeness, copyright compliance, legality or appropriateness of the content or materials displayed on or transacted through the Site. Company makes no representations as to, and is not responsible for, and makes no guarantee of, the words or action of any User of the Site and the Services. Furthermore, Company does not warrant that the Site, the Services, or the information, content, materials, software, Products included on or otherwise made available to you through the Site and Services, or the electronic communications sent from Company are free from errors, defects, viruses or other harmful components.
THE SITE AND THE SERVICES, AND ANY CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED THEREFROM, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SITE OR SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, COMPANY’S NEGLIGENCE.
8.Limitation On Liabilities. IN NO EVENT SHALL COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING BODILY INJURY OR EMOTIONAL DISTRESS), LOSS OF MONEY, GOODWILL OR REPUTATION, OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR THE SITE, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
9.Release. The Site or Services may contain or involve links or references to third party websites. You acknowledge and agree that Company has no relationship to and is not responsible for the operation or actions of or content displayed on those websites and hereby expressly release Company from any claims or liabilities you may have, known or unknown, relating to those third party websites.
10.Indemnity. You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, partners, licensors and joint ventures harmless from and against all liabilities, damages, costs and expenses (including attorneys fees), incurred in connection with any claim or demand made by any third party arising from (a) your use or access of the Site or Services, (b) your actual or alleged breach of this Agreement or violation of laws or regulations, or (c) any alleged infringement or violation by you, or anyone using or acting under your User account or password, of a third party’s right, including but not limited to intellectual property right and right of privacy. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you may not in any event settle any matter without the written consent of Company.
11.Governing Law and Dispute Resolution. The laws of the State of Tennessee (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. The parties expressly agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act, or any state's version thereof. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement must be brought exclusively in a court of competent jurisdiction sitting in Nashville, Tennessee, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Nashville, Tennessee; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this Agreement or the use of the Site.
Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be resolved by confidential binding arbitration in Nashville, Tennessee in accordance with the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (http://www.adr.org/sp.asp?id=22014), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys fees and expenses, to the prevailing party. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service be instituted more than three (3) years after the cause of action arose.
If Company prevails in a dispute with a User, the User shall be responsible for all attorney fees and costs and expenses incurred by Company in connection therewith. Legal notices will be served on Company’s registered agent (in Company’s case) or to the email address you provided to Company during registration process and updated from time to time (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may serve you legal notices by mail to the address you provided during the registration process and updated from time to time, in which case notice will be deemed given 3 days after the date of mailing.
12.Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. User has no authority to bind Company in any respect whatsoever. The failure of Company to exercise any right provided for herein will not be deemed a waiver of that or any other right Company may have hereunder. Company will not be liable for any failure to perform its obligations hereunder due to any cause beyond Company’s reasonable control, including, but not limited to, mechanical, electronic, or communication failure or degradation (including “line-noise” interference). Any provision of this Agreement, which by its nature reasonably should survive termination of this Agreement, will survive termination of this Agreement. If any provision of this Agreement is found invalid or unenforceable by a competent jurisdiction, that provision shall be modified or reformed, whenever permissible under the law, to reflect that provision’s original intent as closely as possible, or be limited or eliminated to the least extend necessary so that the rest of the Agreement remains in full force and effect. You may not assign or otherwise transfer this Agreement without Company’s express written consent. Company may modify this Agreement at any time without notice by posting the most current version of the Agreement on the Site under the “Term of Use” hyperlink or elsewhere. Your use of the Site or Services constitutes your acceptance of all of the terms of the then current version of the Agreement, which supersedes all previous versions. This Agreement is the complete and exclusive statement of the mutual understanding of the parties, and supersedes all previous written or oral agreements, communications or understandings of the parties relating to the subject matter of this Agreement.