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Loveincity Australia Terms and Conditions of Service
Loveincity.com.au service (the "Service") is provided by Loveincity.com, a corporation based in the AUSTRALIA, with offices located at Level 1, 299 Forest Road, Hurstville NSW 2220, Australia ("Loveincity").
This is a legal agreement ("Agreement") between you and Loveincity. Please read the Agreement carefully before using the Service.
By completing your registration at our office to grant the access of the website member area, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.
The Terms are subject to change by Loveincity at any time. Any changes in the Terms will become effective upon our posting the updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes to the Terms.
1. You agree that you are using the Loveincity service to locate a potential spouse and agree that your subscription may be terminated by Loveincity if Loveincity becomes aware that you are using the Loveincity service for any other purpose.
2. You agree that any information that you supply to the Loveincity.com.au service may be processed by Loveincity in the AUSTRALIA or by Loveincity's service providers.
3. Minors. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant that you are at least 18 years old.
4. Marital Status. By requesting to receive matches from the Service, you represent and warrant that you are not legally married, and are not in a current de facto relationship.
5. Exclusive Use. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. Online Conduct.
As a Registered User, you agree that:
7.1 You are solely responsible for the content or information you present, display or otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other Registered Users.
7.2 You will not post on the Service, or transmit to other Registered Users, or otherwise communicate any defamatory, inaccurate, abusive, intimidating, obscene, profane, offensive, sexually oriented, threatening, harassing, racially or sexually offensive, contains restricted or hidden password protected pages, contains viruses, other computer codes, files or programs or any illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
7.3 Without limiting 7.2, you must not transmit or post on Loveincity, or other wise transmit to any other Loveincity member any images that contain, images of any person other than you, photographs of multiple people, nudity (or partial nudity), images of animals, a cartoon or illustration.
7.4 Furthermore you will not take actions to promote the physical harm or harassment of another person (including but not limited to Loveincity employees), engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal or restricted drugs or illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
7.5 You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations- You may not register for this service if you are located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. Australia and New Zealand are not prohibited countries as set out in this section 7.5.
7.6 You will not provide inaccurate, misleading or false information to Loveincity or to any other Registered User or to any Loveincity partner or service provider. If information provided to Loveincity, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify Loveincity (and the User if appropriate) of such change.
7.7 Prior to reaching Communication, your could E-mail us to grant information of other Registered Users, certain personal information about you will be made available to, or will otherwise be accessible by, other Registered Users.
7.8 You will only create one unique profile with the Service.
7.9 You will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
7.10 You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
7.11 You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service. In addition, you agree to review and follow the recommendations set forth by Loveincity prior to entering Open Communication with your matches.
7.12 In addition to Loveincity Safety tips, Loveincity will take all reasonable measures to protect your personal information. However, Loveincity confirms that once information is disclosed on the Internet, whether via the Loveincity service or another source, it is often impossible to retract it. We remind all of our Users of their obligation to keep their own personal information safe by not disclosing it to unknown persons without careful research as to their good intentions.
7.13 We confirm that Loveincity will have access to your personal information and may use it for its own corporate purposes or corporate affiliate including third party service providers, including transferring that information between the various Loveincity subsidiary companies.
7.14 You agree that Loveincity makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
7.15 Loveincity will make reasonable efforts to update its User database to delete and/or remove from the matching system customers who are longer active Users of the Loveincity Service.
7.16 You agree that Loveincity may contact you, or may supply information about content posted on Loveincity site to relevant law enforcement agencies, as appropriate if Loveincity becomes reasonably aware of any violation of local law. Loveincity will comply with all lawful requests for information from law enforcement agencies.
7.17 You will promptly report to Loveincity any violation of the Terms of this Agreement by other Registered Users.
7.18 Loveincity reserves the right, but has no obligation, to monitor the materials posted in the Service as well. Loveincity shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms and Conditions. Notwithstanding this right of Loveincity, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SERVICE INCLUDING IN YOUR E-MAIL MESSAGES. E-mails sent between you and other Registered Users will be treated as private by Loveincity to the extent permitted by applicable law.
8. Online Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Loveincity, are those of their respective authors (who may be other Registered Users) and should not necessarily be relied upon. Such authors are solely responsible for such content and Loveincity takes no responsible for the accuracy, completeness or appropriateness of any third party content on the Loveincity site.
9. LOVEINCITY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Loveincity. UNDER NO CIRCUMSTANCES WILL Loveincity BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
10. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Loveincity is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to Loveincity with advertisers, or as the result of the presence of such advertisers on the Service apart from any liability which is imposed by applicable statute.
11. Unauthorized Users. It is possible that other Registered Users or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Loveincity is not responsible for the use of any personal information that you disclose on the Service. Please carefully consider this possibility as you post on the Service or release to others.
12. Proprietary Rights.
12.1 Loveincity owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of Loveincity, its licensors and licensees.
12.2 In addition, Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such third party proprietary information without that third party's consent or prior agreement.
12.3 By posting information or content to any public area of the Service, you automatically represent and warrant that you have the right to grant, to Loveincity and all other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, (and royalty free) worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
14.1 TO THE EXTENT PERMITTED BY LAW, Loveincity PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. Loveincity SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14.2 To the extent allowed by law, Loveincity does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. LOVEINCITY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
15. Limitation of liability.
15.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOVEINCITY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Loveincity KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Loveincity'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. Loveincity SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
15.2 While Loveincity performs an initial limited screening of individuals registering for the Service, Loveincity makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Loveincity BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
16. Indemnity by Registered User. You will indemnify and hold harmless Loveincity, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.
17. To resolve a complaint regarding the Service, you should first contact Loveincity by clicking on the "Contact" button or via email to customerrelations@Loveincity.com.au
18 Termination. Either you or Loveincity may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party Loveincity reserves the right to immediately suspend or terminate your access to the Service, without notice, if in Loveincity's sole discretion it believes you have violated any Section of this Agreement by you which is brought to Loveincity's attention.
19 In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to Loveincity by you shall be non-refundable. Following any termination hereof, Loveincity reserves the right to send a notice that you have been terminated to other Registered Users with whom you have corresponded.
20 Death or Disability.
20.1 Death or Disability. If by reason of death or disability you are unable to receive all services for which you contracted, you and your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph 20.1.3.
20.1.1 If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative.
20.1.2 "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Loveincity.
20.1.3 If the physician determines that the duration of the disability will be less than six (6) months, Loveincity may extend the term of the contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
21 General Provisions.
22 These Terms and Conditions for the Loveincity.com.au service will be governed by the laws of New South Wales, Australia. The venue for any dispute resolution shall be in Sydney, NSW, Australia.
23 This Agreement, accepted upon registration for the Service, contains the entire agreement between you and Loveincity regarding the use of this Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
24 You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of Loveincity's third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, email Customer Care at customerrelations@Loveincity.com.au. You can also mail or deliver a signed and dated cancellation notice, which states that you, the buyer, are cancelling this Agreement, or words to similar effect, to:
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