Terms of Service
Loverly's Terms of Service govern your access and use of our wedding platform.
Acceptance of Agreement
These terms of service (the “Agreement”) govern your access and use of the services offered by Dubblee Media, Inc. (“Loverly”, “we”, or “us”) and the Loverly.com website (such website, the “Site”, and collectively with the services, the “Services”), and any information that is displayed on the Site.
Loverly is a personalized wedding planning platform and a visual search engine aggregating content from our partner sites. Loverly allows you to save, and share your favorite photographs via the Services, and to interact with brides-to-be, grooms-to-be, newlyweds, wedding-related service providers, and others in the wedding community.
Please read this Agreement carefully. By using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you (“you” or “your”) and Loverly, and you agree to be bound by all terms and conditions herein. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services. Loverly’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by Loverly, acceptance is expressly limited to the terms and conditions set forth in this Agreement.
Use of Site; Representations, Warranties and Indemnification; Content
Loverly may alter, suspend, add to, or discontinue the Services in whole or in part at any time for any reason, without notice or cost. Loverly assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Services. Loverly does not assume any liability for the failure to store or maintain any user communications, account or profile information, or personal settings. By having access to the Services, you agree that Loverly and its third party providers and partners may place advertisements on the Services. The types of advertisements are subject to change. The Services may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons.
You represent and warrant that:
(i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract:
(ii) you own or has sufficient rights in and to the Content you submit through the Services to grant the licenses set forth in this Agreement with respect to such Content to Loverly, that any use by Loverly of such Content as contemplated in this Agreement will not infringe on the rights on any third party or violate any applicable laws or regulations, and that such Content shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms.
Trojan horses or other contaminants.
By using the Services, you agree to indemnify, hold harmless and defend Loverly from any claims, damages, losses, liabilities, and all relate costs and expenses, including but not limited to attorneys’ fees, resulting directly or indirectly from any claim that is based on your use of the Services, your violation of this Agreement, your violation of the rights of another, and any Content you submit or transmit through the Services.
No part of the Site may be reproduced or transmitted in any form, by any means, whether electronic (including email), mechanical, or otherwise, including photocopying and recording, except that Loverly authorizes you to download, store and print a single copy of the materials displayed on the Site for yourself, solely in accordance with this Section. The right to download and store or output the materials displayed on the Site is granted for viewing use only, and is subject to the following conditions: – Materials may not be reproduced or modified in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Loverly is expressly prohibited. – The materials may be used solely for noncommercial, informational purposes. – Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with the prior written permission of Loverly or such third party that may own the trademark or copyright of materials displayed on the Site.
For SMS Terms & Conditions
Please review our SMS specific terms and conditions here.
Services for Which Registration is Required
Some of the materials available on this Site may require prior registration to access. If you decide to access such materials you will be required to register. In connection with such registration, Loverly may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Loverly rejects for any other reason in its sole discretion.
You will be solely responsible for maintaining the confidentiality of any password used to access the Site, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Loverly of any unauthorized use of your password or account, or any other breach of security.
Sharing Your Content and Information
You can control how Loverly shares certain types of content you provided to us through your privacy settings. In order for us to use certain types of content and provide you with the Services, you agree to the following:
When you delete such content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
If you choose to make any content publicly available for display, and subsequently elect to remove such content from display, such content may continue to appear in search engine search results pages until such time as the applicable search engine(s) update their search results.
You shall not post any content that you want maintained in confidence, including confidential information of a third party.
We do not endorse, support, represent or guarantee the truthfulness, completeness, accuracy or reliability of the content or any communications or materials posted via our Services. Any reliance or use of content or materials posted via the Services is at your own risk. Under no circumstances is Loverly liable in any way for any content, including, but not limited to any errors or omissions of such content. We are also not liable for any loss or damage incurred as a result of the use of the content.
Standards of User Conduct
You may not use the Services to:
- transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is or which Loverly considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, violent, harassing or otherwise objectionable Content;
- sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
- sell or promote controlled pharmaceutical substances, fire arms, tobacco, and alcohol;
- introduce or transmit viruses, worms, Trojan horses and/or harmful code on the Internet;
- display material that exploits persons under 18 years of age;
- post any Content that violates or infringes upon any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- impersonate any other person, including but not limited to, an Loverly official, expert or bulletin board leader, guide or host;
- post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age);
- post or transmit any unsolicited advertising, emails, promotional materials, or any other forms of solicitation, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests, or collect store, or post personal data about or of other Site users;
- intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer content (excluding Content posted by you), except as permitted in this Agreement, or as expressly authorized by us;
- use manual or automated methods or software (including bots) to scrape, crawl, spider or download content from the Site.
These are some, though not all, of the activities that may result in removal of Content that you post to the Site and/or the termination of your access to the Site.
License for Content
When you submit, post or display Content through the Services you are granting us and any third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.
The Content that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media.
We do not claim any ownership of the Content that you submit, post, or display through the Services. You retain any and all ownership rights to the Content that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any Content on our Services.
Ownership; Copyright and Trademark Information
This Site, and the information which it contains, is the property of Loverly and/or its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Loverly and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services.
Loverly will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that its Content is being displayed on or through the Services in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to Loverly a properly submitted copyright notice as indicated below, Loverly will investigate, and if it determines, in its discretion, that the material is infringing, Loverly will remove the Content and may terminate the access of the User who posted such Content to the Services in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
- a statement specifically identifying the location of the infringing material, with enough detail that Loverly may find it on the Services. Please note: it is not sufficient to merely provide a top level URL. iii. the complete name, address, telephone number and e-mail address of Complainant.
- a statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
- a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
- a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Loverly’s contact information for notice of alleged copyright infringement is: firstname.lastname@example.org
Attn.: Copyright Notice Loverly c/o Dubblee Media Inc. 481 Broadway #2 New York, NY 10013 USA
THE SERVICE, AND ALL INFORMATION, DOCUMENTS AND OTHER MATERIALS, PROVIDED ON THE SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, LOVERLY DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOVERLY DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LOVERLY DOES NOT GUARANTEE THE AVAILABILITY OF THE SERVICES AND DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS.
All information, documents and material provided on this Site are subject to change. Loverly periodically adds or updates the information and documents on this Site without notice.
It is the user’s responsibility to ascertain whether any information downloaded from this Site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOVERLY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE, EVEN IF LOVERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOVERLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO LOVERLY DURING THE MOST RECENT THREE (3) MONTH PERIOD IN CONNECTION WITH YOUR USE OF THE SERVICES.
Links to Third-Party Sites; Third-Party Storefronts; No Implied Endorsements
The Site may contain links to non-Loverly Sites. These links are provided to you as a convenience, and Loverly is not responsible for the content of any linked Site. Any outside web site accessed from this Site is independent from Loverly, and Loverly has no control over the content of that Site. In addition, a link to any non-Loverly Site does not imply that Loverly endorses or accepts any responsibility for the content or use of such a web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Loverly of that third party or of any product or service provided by a third party.
In addition, the Service may contain sections devoted to the promotion and sale of goods and services of third-parties from where you may make purchases or be referred to third-party sites for the purpose of completing transactions (the “Storefronts”). The Storefronts are operated by third-parties, and may be subject to additional terms of service and policies, such as sale, return and shipping policies (“Third Party Policies”). Such Third Party Policies, if any, will be posted in the applicable Storefront.
Loverly is not the vendor for goods or services sold through Storefronts. Any questions or issues relating to the Storefronts or goods and services purchased through them should be directed to the operator of the particular Storefront at issue.
Term and Termination; Jurisdictional Issues; Disclosures.
This Agreement shall remain in effect for so long as you use the Services. Loverly may terminate your account or your access to the Services at any time and for any reason in its sole discretion. Sections 2 through 12 shall survive termination or expiration of this Agreement. Loverly makes no representation or warranty that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that Loverly may access, maintain, and disclose information you provide to Loverly if required to do so by law or if Loverly believes, in good faith, that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of Loverly, its vendors, community members, users and the general public.
This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York for all matters arising under this Agreement. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You shall not assign this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to Loverly in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as Loverly may designate pursuant to this notice provision. You agree that all notices to you shall be sent to the email address provided by you as part of the sign-up process. Notices to Loverly shall be sent via email to email@example.com or to the following mailing address:
Loverly c/o Dubblee Media Inc. 481 Broadway #2 New York, NY 10013 USA
The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. Loverly may, at its sole discretion and without notice, revise and modify this Agreement at any time by updating this posting. Your continued use of the Services after such update constitutes your acceptance of the modified Agreement. If you do not agree to the changed Agreement, your only recourse is to stop using the Services. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Loverly, as described above.
Terms & Conditions for Loverly’s I Do Crew
1.1 Introduction:Dubblee Media Inc. d/b/a Loverly (“Loverly” “ I Do Crew,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Loverly (the “Site”) and through its mobile site and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
2. Access and Use of the Service
2.1 Use Description: The Loverly service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Loverly purchase we grant loverly.com/privacy-policy you a limited, non-exclusive, non-transferable, license to access the Loverly content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Loverly may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.3 Member Account, Password and Security: You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Loverly of any unauthorized 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 when accessing the Service. Loverly will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: Loverly reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Loverly will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:You acknowledge that Loverly may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Loverly’s servers on your behalf. You agree that Loverly has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Loverly reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Loverly reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Loverly account information to ensure that your messages are not sent to the person that acquires your old number.
2.7 Refund Policy: Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service within the first 30 days after purchase, Loverly will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Loverly's sole discretion. If Loverly determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, email Support at support@Loverly.com.
3. Conditions of Use
3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Loverly reserves the right to investigate and take appropriate legal action against anyone who, in Loverly' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- Email or otherwise upload any content that . (i) infringes any intellectual property or other proprietary rights of any party; . (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; . (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Loverly, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Loverly or its users to any harm or liability of any type;. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;. violate any applicable local, state, national or international law, or any regulations having the force of law;. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Loverly information regarding your credit card or other payment instrument. You represent and warrant to Loverly that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Loverly the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize Loverly to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Loverly know within sixty (60) days after the date that Loverly charges you. We reserve the right to change Loverly's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Loverly's net income.
3.3 Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Loverly to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Loverly is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Loverly, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Loverly may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Loverly. Except as otherwise explicitly stated by Loverly, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Loverly will have no refund obligations. Loverly disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
If you subscribed via iTunes on your Apple mobile device, you can cancel by going to your Account Settings in the App Store. You can find Subscriptions in the Settings app on your device under iTunes & App Store, and then select your Apple ID. If you subscribed on our website, you can cancel by contacting Support at support@Loverly.com.
If you subscribed via the Google Play Store on your Android mobile device, you can cancel by opening the Google Play Store and selecting Menu Subscription. You can select the subscription you want to cancel or update and then follow the onscreen instructions.
If you subscribed on our website, you can cancel by contacting Support at support@Loverly.com or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription.
3.4 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3.5 Commercial Use: Unless otherwise expressly authorized herein or by Loverly in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Loverly, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Loverly from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Loverly, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Loverly.
The Loverly name and logos are trademarks and service marks of Loverly (collectively the “Loverly Trademarks”). Other Loverly, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Loverly. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Loverly Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Loverly Trademarks will inure to our exclusive benefit.
4.2 Third Party Material: Under no circumstances will Loverly be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. You acknowledge that Loverly does not pre-screen content, but that Loverly and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Loverly and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Loverly, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Loverly, its affiliated companies and partners (including but not limited to Loverly instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Loverly, its affiliated companies or partners are non-confidential and Loverly, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Loverly 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 legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Loverly, 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.
4.5 Copyright Complaints: Loverly respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to Loverly’s Copyright Designated Agent at legal@Loverly.com:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
- A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:
Copyright Designated Agent
481 Broadway #4
New York, NY 10013
4.6 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Loverly will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
4.7 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Loverly has adopted a policy of terminating, in appropriate circumstances and at Loverly's sole discretion, users who are deemed to be repeat infringers. Loverly may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Loverly has no control over such sites and resources and Loverly is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Loverly will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Loverly is not liable for any loss or claim that you may have against any such third party.
6. Social Networking Services
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Loverly shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Loverly is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Loverly is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Loverly enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
7. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Loverly and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Loverly EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Loverly 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Loverly WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Loverly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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) UNAUTHORIZED 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 Loverly’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Loverly IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
10. Binding Arbitration; Class Action Waiver
You and Loverly agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at Loverly,481 Broadway #4 New York, NY 10013 and support@Loverly.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Francisco, California, and you and Loverly agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Loverly shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Loverly is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Loverly AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Loverly at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Loverly also will not be bound by them. If Loverly changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Loverly' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Loverly in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Loverly REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Loverly, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Loverly believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Loverly 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 this Terms of Service may be effected without prior notice, and acknowledge and agree that Loverly may immediately deactivate 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 Loverly will not be liable to you or any third party for any termination of your access to the Service.
12. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Loverly will have no liability or responsibility with respect thereto. Loverly reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Loverly and govern your use of the Service, superseding any prior agreements between you and Loverly with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Loverly agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, NY. The failure of Loverly to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Loverly, but Loverly may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Loverly be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
14. Additional Questions & Concerns
Please contact us at 481 Broadway #4 New York, NY 10013 or firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
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