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1. Acceptance of Terms
Welcome to Loveandfriends.com, which is provided by Loveandfriends Ltd. Loveandfriends.com. provides its services to you, subject to the following Terms and Conditions ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at the address of this page http://www.Loveandfriends.com/[ ].
In addition, when using particular Loveandfriends.com services or other items provided by Loveandfriends.com, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
2. Description of Service
Loveandfriends.com provides a host of on-line services and resources on or via its website (such as chat rooms, forums, bulletin boards) aimed at establishing contacts between you and other users [please provide such description as you deem most appropriate to cover the nature of love and friends] (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new services or resources, shall be subject to the Terms. We may add, delete or change some or all of the services provided for free as part of the Service at any time.
3. Registration
By completing the registration process you confirm that you are at least 18 years of age, that you are eligible to use the Service, and that you agree to be bound by all of these Terms.
[Note to L&F: It would make sense to also include the fact that people registering have to be 18 years or older in or near the registration process]
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Loveandfriends.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Loveandfriends.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Loveandfriends.com of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Loveandfriends.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. Code of Conduct
You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, advice, statements or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Loveandfriends.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
Loveandfriends.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Loveandfriends.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree not to use the Service to:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any Content (hereinafter "post") that is unlawful, tortious, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party;
(d) harm minors in any way;
(e) impersonate any person or entity, including, but not limited to, a Loveandfriends.com official, Member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(h) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(k) interfere with or disrupt the Service or servers or networks connected to the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfering with another user’s use and enjoyment of the Service, including but not limited to (a) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (b) attempting to gain unauthorised access to the Service, other’s accounts on the Service, or private mailing lists on the Service through password mining or any other means;
(l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
(m) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(n) collect, store, or distribute personal data about other users without their consent; or
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
You acknowledge and agree that Loveandfriends.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Loveandfriends.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Proprietary Rights and Licences
You acknowledge and agree that Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by Loveandfriends.com or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that Loveandfriends.com can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on Loveandfriends.com mailing lists. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only.
You acknowledge and agree that Loveandfriends.com owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Service, any Loveandfriends Content and any data (including Registration Data) generated by Members.
You consent to Loveandfriends.com passing your personal data to any third party or to any company within the Loveandfriends.com group of companies for the purposes of such party processing your personal data, which may include offering you information relating to its products and services. We will oblige such third party not to pass your personal data to any other party. If you no longer consent to us passing your personal data to a third party please e-mail us at: [ ]@Loveandfriends.com to let us know.
Except as expressly authorised by Loveandfriends.com or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works based on the Service or Content, in whole or in part.
Loveandfriends
You agree that upon posting any material on the Service, you grant Loveandfriends.com, and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you.You also grant Loveandfriends.com the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on the Service, by end-users for their personal use.
6. External links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by Loveandfriends.com of the contents on such third-party web sites. As Loveandfriends.com has no control over such sites and resources, you acknowledge and agree that Loveandfriends.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Loveandfriends.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
7. Privacy Policy
Registration Data and certain other information about you is subject to our privacy policy. For more information, please see our full privacy policy below:
We may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorised by you or in the good faith belief that such action is reasonably necessary to comply with applicable law, legal process, to enforce the Terms, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.
Messaging including email and instant messaging is private correspondence between the sender and the recipient. Loveandfriends.com strictly respects the privacy of its users. In addition, Loveandfriends.com will not monitor, edit, or disclose the contents of a user's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform or comply with applicable law; (2) protect and defend the rights or property of Loveandfriends.com; or (3) to protect the personal safety of its users or the public.
You acknowledge and agree that Loveandfriends.com neither endorses the contents of any user communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, or any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
8. Disclaimer of warranties
You expressly understand and agree that:
a) your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Loveandfriends.com and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Loveandfriends.com and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
(b) Loveandfriends.com is not responsible for the content of messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Service.
(c) Loveandfriends.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) any errors in the software will be corrected, and (vi) the Service may be downloaded outside the United Kingdom. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
(d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(e) no advice or information, whether oral or written, obtained by you from Loveandfriends.com or through or from the Service shall create any warranty not expressly stated in the Terms.
(e) Much of the material on Loveandfriends.com is provided by third parties and Loveandfriends.com shall not be held responsible for any such third party material.
9. Indemnity
You agree to defend, indemnify, and hold harmless Loveandfriends.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content, the Service, your connection to the Service or your breach of the terms of these Terms. Loveandfriends.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of or data included in the Service, use of the Service, or access to the Service.
11. Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied with any of the Content or the Service or with these Terms, or any other rules or policies, your sole remedy is to discontinue use of Loveandfriends.com.
You expressly understand and agree that Loveandfriends.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Loveandfriends.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
In no event will Loveandfriends’s liability arising out of or in respect of these Terms exceed an amount equal to the lesser of (i) your registration fee, where applicable, or (ii) an amount of £250.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Section 11 may not apply to you.
12. Modifications to the Terms or to the Service
Loveandfriends.com reserves the right to change the Terms at any time without notice. Loveandfriends.com also reserves the right at any time and from time to time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that Loveandfriends.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
13. Use and Storage
You acknowledge that Loveandfriends.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Loveandfriends.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Loveandfriends.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Loveandfriends.com reserves the right to log off accounts that are inactive or very little used for an extended period of time. You further acknowledge that Loveandfriends.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Termination
You agree that Loveandfriends.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and archive or discard any Content within the Service, including any Member Site. for any reason, including, without limitation, for lack of use or if Loveandfriends.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Loveandfriends.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Loveandfriends.com may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Loveandfriends.com shall not be liable to you or any third-party for any termination of your access to the Service.
You undertake that upon termination of your use of the Service (including if you decide to move to another host) all rights granted to you hereunder will cease forthwith.
15. Trademark Information
Loveandfriends.com, Loveandfriends, the Loveandfriends.com logo and other Loveandfriends.com logos, product and service names are trademarks of Loveandfriends Limited (the "Loveandfriends.com Marks"). Without Loveandfriends.com's prior permission, you agree not to display or use in any manner, the Loveandfriends.com Marks.
16. General
The Terms constitute the entire agreement between you and Loveandfriends.com and govern your use of the Service, superseding any prior agreements between you and Loveandfriends.com (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Loveandfriends.com services, third-party content or third-party software.
Loveandfriends.com is headquartered in London, England. All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of the England By using Loveandfriends.com, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Loveandfriends.com are the English courts. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.