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 profiles, messaging systems, bulletin boards) aimed at establishing contacts between you
and other users (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 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.
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").
(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.
(b) ensure that you log out 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;
Loveandfriends definition
of 'objectionable' includes crude and/or explicitly sexual remarks, racist
remarks and any form of personal abuse.
(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;
(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.
(p) send
'mass mailings' - i.e. the same message to large numbers of other
members.
(q) create multiple accounts. One account per
member is all that is allowed.
(r) create accounts on behalf of other
people.
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
(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 datain
order to provide the loveandfriends service. This includes, for example, keeping
an online backup of your data in a safe place with a trusted third party (for
disaster protection) or using a third party to provide technical support to
loveandfriends members. We will oblige such third party not to pass your
personal data to any other party nor to use the data for any purpose except that
specifically stated by loveandfriends. Loveandfriends ltd does not
want loveandfriends' members receiving email 'spam' from any third parties.
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.
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 or of other rules and guidelines posted on the
site.
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. Refund Policy
Apart from
exceptional circumstances, Loveandfriends.com does not give refunds. Members can
join loveandfriends for free and try out the system before deciding whether to
pay for Full membership if they so wish. The fee paid for Full membership is for
the ability to use the extra features of Full membership - it does not give you
any guarantees of level of service.
Whilst we wish
our members many happy introductions we can make no guarantee
about the number or quality of these introductions. Although we have over 10,000 members
we cannot guarantee lots of compatible members in your area - it's
the member's responsibility to check this through the free search facility before paying for Full
membership.
Loveandfriends.com is designed for use with the latest PC versions of Internet
Explorer and Netscape Navigator and is fundamentally designed as a
self-service system. Members can (and are expected to) do everything they
need to their account themselves. Members are also expected to have a working,
up to date browser and knowledge of how to use it. Members with any other/older
browsers or different computers (e.g. Mac, Unix) are responsible for satisfying
themselves that the site works well enough for them before paying.
Loveandfriends also cannot offer technical support/'handholding' for people with
old/faulty browsers or who don't know to use them. (e.g. we expect people to be
able to adjust their 'cache' and 'cookie' settings on their browser).
We cannot guarantee that you can use
the service 100% of the time. Whilst we strive for reliability, the Internet
is inherently an unstable environment - like many websites we also occasionally
suffer glitches and sometimes need to briefly close the site for short periods of
maintenance.
The
cost of full membership of loveandfriends is so low that the admin charges
involved in taking the money in the first place then processing the refund are
often comparable to the entire cost of the full membership. If we gave refunds we'd
have to increase the price - hence our 'no refund' policy.
Loveandfriends does not tolerate bad behaviour.
Loveandfriends.com, in its sole discretion, may terminate
your account, with no refund of any fees paid,
if it considers you have violated or acted inconsistently with the letter or spirit
of the Terms or of other rules and guidelines posted on the
site.
You agree that you accept
Loveandfriends.com's Refund Policy as described above.
16. 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.
17. 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.
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