erms and
Conditions of use - The Loveandfriends Network We want our
sites to be a really successful meeting places - the sort of place that
you'd be happy to recommend to your friends.
We'll do our best to treat you
fairly and respect your privacy. You can join our site for free
before deciding whether to pay for extra features. However, we don't want to be sued or for people to
unfairly demand refunds. Hence we got some lawyers to draw up our
"Terms and conditions" that all members must agree to before
joining.
Sorry they're long! When you've
finished reading these terms close this popup window and go back to the
signup page which should be on your original browser window.
1. Acceptance of
Terms
Welcome to our dating network - which is provided by Loveandfriends
Ltd. The service is provided 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 URL address of this page.
In addition, when
using particular our services or other items provided by
us on this site, 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 Ltd provides a host of on-line
services and resources on or via its
websites (such as profiles, messaging systems, bulletin boards) aimed at establishing
contacts between you and other users (the "Service"). Loveandfriends may
be referred to as the 'Dating Provider' or the 'Company' in these terms
In joining this
site you are joining 'The Loveandfriends Network' (also referred
to as 'Our Dating Network' in these Terms) - a network of high quality
dating sites. The original site (loveandfriends.com) is wholly owned and
operated by Loveandfriends Ltd. Other sites are a collaboration between
the Dating Provider and the 'Dating Partner'. The Dating Partner is a
company, organisation or individual who has teamed up with
Loveandfriends Ltd to provide the dating service.
Your dating data is held at one
point by the Dating Provider it is not duplicated accross the
different sites (so if you edit/delete your profile/membership on one site
it is automatically changed accross all sites). However, your email
address may be separately held by the Dating Partner (chiefly for
marketing /mailing purposes) - if this is the case it will be stated at
the top of these Terms and Conditions.
The different sites act as different 'front
ends' or 'entances' or 'skins' to the network. This is similar to the way
Microsoft Media Player can have different interchangeable 'skins' but the
core functionality is the same.
>
The
purpose of the different sites/entrances is to give a better tailored and
more user-friendly service e.g. women may prefer the design of one site,
older people the style of another site, students another. These Terms
and Conditions apply to all members of our dating network -
regardless of which site/entrance you initially joined up via or which one you use
to access the network. In joining any of our sites you are agreeing to be
part of our dating network and your profile being accessed accross
all member sites.
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 the Company has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, the
Company 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 The Company 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.
The Company 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 the Company are entirely responsible
for all Content that you upload, post, email or otherwise transmit via the
Service.
The Company 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 the Company 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;. The
Company's 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
Company 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.
(s) use the site (i.e. profile and emails) for
advertising, promotion or any linking with any other
businesses or websites - except with the explicit written permission of
the Company. Specifically referencing other profiles you may have on other
websites is not permitted (MySpace, Facebook, other dating sites, etc)
(t) use the site for any purpose other than online
socialising with a view to forming personal friendships and personal
romantic relationships with other members.
You acknowledge and agree that the Company 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 the Company,
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 the Company 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 the Company can display images
and text throughout the Service, including the insertion of sponsor
messages into messages distributed on the Company's 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 the Cpompany 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 of the Company's Content and any data
(including Registration Data) generated by Members.
You consent to the Company passing your personal data to any third
party or to any company within the Dating Provider's group of companies for
the purposes of such party processing your personal datain order to provide
the Company's 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
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 the Company. The Company does not
want members receiving email 'spam' from any third parties.
>
Except as expressly authorised by the Company 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
the Company, 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 the Company 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 the Company of the
contents on such third-party web sites. As the Company has no control
over such sites and resources, you acknowledge and agree that
the Company 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 the Company 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. The Company strictly respects
the privacy of its users. In addition, the Company 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, property or reputation of the Company or (3) to protect the
personal safety of its users or the public.
You acknowledge and agree that the Company 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. The Company 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.
the Company and its suppliers make no warranties about the accuracy,
reliability, completeness, or timeliness of the material, services,
software, text, graphics, and links.
(b) The Company 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) The Company 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
the Company or through or from the Service shall create any warranty
not expressly stated in the Terms.
(f) Much of the material on the Company's websites is provided by third parties
and the Company shall not be held responsible for any such third
party material.
9. Indemnity
You agree to defend, indemnify, and hold harmless the Company, 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. The Company 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 the Company's websites
You expressly understand and agree that the Company 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
the Company 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 the Company’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
The Company reserves the right to change the Terms at any time
without notice. The Company 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
The Company 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 the Company 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
the Company'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 the Company 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
the Company reserves the right to log off accounts that are inactive
or very little used for an extended period of time. You further acknowledge
that the Company 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 the Company, 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 the Company 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.
The Company 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 the Company 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 the Company 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, the Company does not give
refunds. Members can join the Company's websites 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.
The Company's websites are designed for use with the latest PC versions of
Internet Explorer and Firefox 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 as well as access to a functioning Internet connection. All members (but particularly those with any
other/older browsers or different computers e.g. Mac or unusual internet connection) are responsible
for satisfying themselves that the site works well enough for them with their hardware/software/connection/locstion before
paying.
The Company also cannot offer technical support/'handholding' for people
with internet problems e.g. old/faulty browsers or who don't know to use them. For example, we expect
people to be able to adjust their 'cache' and 'cookie' settings on their
browser if this is needed to access the site properly.
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 the Company's websites 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.
The Company does not tolerate bad behaviour. The Company , 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 the Company'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.
Additionally Dating Partners have logos and service names that are protected (the "Dating Partner's Marks"). Without The Company's and The Dating Partner's prior permission, you agree not to display or use in
any manner, any Dating Partner's Marks.
17. General
The Terms constitute the entire agreement between you and the Company
and govern your use of the Service, superseding any prior agreements between
you and the Company (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.
The Company 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
the Company's websites, 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
the Company's websites 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.