Last Updated: August 13, 2021
PLEASE NOTE THAT LOVER APP ONLY PROVIDES AN ONLINE PLATFORM TO CONNECT USERS WITH COACHES FOR ONE-ON-ONE DIGITAL INTERFACING. LOVER APP COACHES DO NOT PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE (E.G., PSYCHOTHERAPY, PSYCHOLOGY, OR PSYCHIATRY), NOR DO THEY REPRESENT THAT COACHES ARE OPERATING UNDER ANY LICENSING AUTHORITY WHEN PROVIDING SERVICES AS COACHES THROUGH THE SERVICE. DO NOT USE OUR SERVICE FOR EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL OR BEHAVIORAL HEALTH EMERGENCY, YOU SHOULD IMMEDIATELY CALL "911" OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
BY REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE OUR SERVICE.
IF YOU SIGN UP FOR A SUBSCRIPTION, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT LOVER APP’S THEN- CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 4.3 BELOW.
PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you on the Services. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms and any applicable Supplemental Terms, which are hereby incorporated by reference, are referred to herein as the “Agreement.”
1. SERVICES OVERVIEW.
1.1. Lover App Services. Lover App provides an online platform that offers educational materials on sexual health and self-improvement, allows Users to create customizable sexual health and self- improvement plans, and connects Users with individuals who are trained to provide individualized sexual health and wellbeing advising services to Users through the Lover App messaging platform (“Coaches”). Lover App Coaches are not authorized to provide services requiring professional licensure (e.g., psychotherapy, psychology, or psychiatry). Lover App does not verify that its Coaches are licensed or qualified health care professionals. While we take certain steps to provide training to our Coaches, you acknowledge that we do not guarantee the degrees, qualifications, licensure, certification, credentials, or competence of any Lover App Coach. Your interactions with Lover App Coaches are not intended to defer or serve as a substitute for professional medical or behavioral health services. While our Service will help you communicate with a Lover App Coach, Lover App makes no representation or warranty whatsoever as to the accuracy of the information you receive from a Coach or whether you will find the advising relevant, useful, correct, satisfactory or suitable to your needs.
1.2. Medical, Psychiatric, or Behavioral Emergency. DO NOT USE OUR SERVICE FOR EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL OR PSYCHIATRIC EMERGENCY, YOU SHOULD IMMEDIATELY CALL "911" OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. IF YOU ARE THINKING ABOUT SUICIDE OR ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS, YOU SHOULD IMMEDIATELY CALL “911” OR NOTIFY THE APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
1.3. No Medical or Behavioral Health Services. Our Services do not provide any medical or behavioral health treatment, diagnosis, or other services requiring professional licensure. Lover App is not a medical or behavioral health services provider or forum and does not engage in patient counseling, drug prescription, or the practice of medicine or other licensed health care profession. Lover App advising is different than therapy provided by a licensed health care professional. The content of our Services is not and should not be considered as a substitute for individual medical or behavioral health services or treatment by a qualified health care professional. While our Services may provide access to general sexual wellness-related advice and information, our Services cannot and are not intended to provide medical or behavioral health advice or information. While you may be connected with a Lover App Coach who is a qualified health care professional, the Services provided by Lover App Coaches do not require professional licensure and are not subject to such licensure. YOU ACKNOWLEDGE THAT SOME OF THE CONTENT THAT IS PROVIDED ON THE SITE, (INCLUDING INFORMATION PROVIDED IN DIRCT RESPONSE TO YOUR QUESTIONS, POSTINGS, OR RESPONSES TO SURVEYS OR QUIZZES) MAY BE PROVIDED BY INDIVIDUALS IN THE MEDICAL OR LICENSED BEHAVIORAL HEALTH PROFESSIONS, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVISION OF SUCH INFORMATION DOES NOT CREATE A PROFESSIONAL/PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE AN OPINION, MEDICAL OR PROFESSIONAL ADVICE, OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION, BUT IS PROVIDED SOLELY TO ASSIST YOU IN MEETING THE GOALS OF ADVISING. LOVER APP COACHES ARE NOT OPERATING UNDER ANY LICENSING AUTHORITY WHEN PROVIDING SERVICES AS COACHES THROUGH THE SERVICES AND ARE NOT AUTHORIZED TO PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE, SUCH AS PSYCHOTHERAPY, THROUGH THE SERVICES. YOUR INTERACTIONS WITH THE COACHES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT.
1.4. User’s Responsibility for Health. IT IS YOUR RESPONSIBILITY TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR YOUR MEDICAL AND BEHAVIORIAL HEALTH NEEDS. YOU SHOULD NEVER RELY ON OR MAKE HEALTH OR WELL-BEING DECISIONS BASED ON YOUR USE OF THIS SERVICE. UNDER NO CIRCUMSTANCES CAN LOVER APP OR OUR SERVICE REPLACE MEDICAL OR BEHAVIORIAL HEALTH SERVICES. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION, OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE OR FROM ONE OF OUR COACHES. CONVERSATIONS AND/OR MESSAGING WITH OUR COACHES ARE NOT A SUBSTITUTE FOR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MODALITY OF THERAPY, MEDICATION, MEDICAL DEVICE, OR OTHER TREATMENT. NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU READ ON OUR SERVICES. INFORMATION PROVIDED BY OUR COACHES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY MODALITY OF THERAPY, DRUG, DEVICE, OR OTHER TREATMENT OR A REPRESENTATION THAT A PARTICULAR MODALITY OF THERAPY, DRUG, DEVICE, OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY MODALITY OF THERAPY, DRUG, DEVICE, OR OTHER TREATMENT SHOULD ALWAYS BE DIRECTED TO YOUR HEALTH CARE PROVIDER. IF YOU RECEIVE ADVICE FROM A QUALIFIED HEALTH CARE PROVIDER WHICH CONFLICTS WITH ANYTHING CONTAINED IN OUR SERVICE, YOU SHOULD ADHERE TO THE ADVICE FROM THE QUALIFIED HEALTH CARE PROVIDER AND CONSULT THEM BEFORE CONTINUING USE OF OUR SERVICE.
1.6. Services Content. To the fullest extent permitted by law, Lover App makes no representation or warranties about the accuracy, completeness, or suitability of our Services for any purpose. Lover App is not liable or responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through our Services or any consequences of your reliance on any advice or information received on our Services. Reliance on any information provided by Lover App, Lover App Coaches, employees, or other visitors to our Services or affiliates of Lover App is solely at your own risk.
2. ACCOUNTS AND REGISTRATION.
2.1. Account Eligibility. You must be at least eighteen (18) years old to use our Services, and any registration, use, or access to the Services by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least eighteen (18) years old; (ii) you have not previously been suspended or removed from our Service; (iii) your registration and your use of our Service is in compliance with any and all applicable laws and regulations, and (iv) you are using the Service in your individual capacity, and not on behalf of an entity, organization, or company.
2.3. Third Party Accounts. To the extent permitted by the function of the Services, you may register your Account using a valid account on a social networking service (“Third-Party Account”). By connecting your Third-Party Account, you are allowing Lover App to access your Third-Party Account as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Lover App and/or grant Lover App access to your Third-Party Account (including, but not limited to, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Lover App to pay any fees or making Lover App subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND LOVER APP IS NOT LIABLE FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
2.4. Certain Restrictions. While accessing and using the Services, you agree not to: (a) license, sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our Services or any portion of our Services in any medium, (b) frame or utilize framing techniques to enclose any trademark, logo, or other element of our Services (including images, text, page layout or form) or other property of Lover App; (c) use any metatags or other “hidden text” using Lover App’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access our Services in order to build a similar or competitive website, application or service; (g), copy, reproduce, distribute, republish, download, display, post or transmit any part of our Services in any form or by any means, except as expressly stated herein; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in our Services. Any future release, update or other addition to our Services shall be subject to these Terms, in addition to applicable Supplemental Terms. Lover App, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of our Services terminates the licenses granted by Lover App pursuant to the Terms.
2.5. Account Responsibilities. You are solely responsible for maintaining the confidentiality of your Account username and password and for locking your device and/or logging out of the App to protect the privacy of the information on your device. You accept full responsibility for all activities that occur under your Account, whether or not you know about them. You agree to immediately notify Lover App of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security at email@example.com. Lover App cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.6. No Ownership or Interests. We may, without prior notice, change or stop providing the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Lover App.
3.1. Limited License. Subject to your complete and ongoing compliance with all the Terms, Lover App grants you: (i) a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to install one copy of our App downloaded from a legitimate app store or distribution platform, such as the Apple App Store, Google Play, or the Amazon Appstore, where the App is made available (each, an “App Provider”), and to use such App so installed solely in object code format and solely for your personal use for lawful purposes, on mobile devices that you alone own or control, and (ii) permission to access and use our Service for your personal use. The foregoing license grant is not a sale of the Services or any portion thereof, including the App, and Lover App or its third party partners or suppliers retain all right, title and interest in the Services and all copies thereof.
3.2. License Restrictions. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, by using our Services, you agree not to engage in any prohibited conduct as stated in Section 8. If you access or download our App through the Apple App Store (“iOS App”), you will only use the iOS App (i) on an Apple-branded product that runs Apple’s proprietary operating system (e.g., iOS) and (ii) as permitted by Section 7.4. Lover App, its suppliers and service providers reserve all rights not granted in the Terms. Lover App may terminate your license for any unauthorized use of our Service or breach of this Agreement.
3.3. Updates. You understand that our Services may evolve over time. As a result, Lover App may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that Lover App may update our Services with or without notifying you. You may need to update third-party software or operating systems from time to time in order to use our Services. The terms App and Services, as used herein, includes any update or modification to our App or Services made available to you by Lover App, unless Lover App provides separate terms. Unless otherwise stated at the time of download, any future release, update or other addition to our Services shall be subject to the then current version of these Terms.
3.4. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to our Service (“Feedback”), then you hereby grant Lover App an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve our Services and create other products and services.
4. PAYMENT TERMS.
4.1. General Payment Terms. Certain products, content, features, or services offered on or through the Services may require you to pay a fee or other charge (“Paid Services”), including services, content, products or features for which access and use is purchased on a time limited basis (each a “Subscription” and together “Subscription Services”). You agree to pay all fees or charges for Paid Services to your Account, including fees for Subscriptions, in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Any applicable fees for Paid Services, including fees for the Subscription Services, are set forth on our Website and in our App, and may be updated by Lover App from time to time. Lover App may change the fees for any feature of our Services, including additional fees or charges, provided that Lover App gives you advance notice of changes before they apply. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currency listed at point of sale and, unless otherwise stated, are non-refundable. To make a purchase via the Services (described in Section 4.2 below) you must be 18 years or older and capable of forming a binding contract.
4.2. Payment Terms; Authorization. You authorize Lover App or the App Provider, as applicable, to charge all sums charged to your Account as described in these Terms at the time a fee or charge is due and payable, and you agree to pay all fees or charges to your Account. If you pay any fees with a credit card, Paypal account, or other permitted payment method (“Payment Provider”), Lover App or its payment processor may seek pre-authorization of your Payment Provider prior to your purchase to verify that the Payment Provider is valid and has the necessary funds or credits applicable to cover your purchase. Your Payment Provider agreement governs your use of the designated Payment Provider, and you should refer to that agreement and not the Terms to determine your rights and liabilities. By providing Lover App or the App Provider with your credit card number, you agree that Lover App or the App Provider is authorized to immediately invoice your Account for all fees and charges due and payable to Lover App or the App Provider hereunder and that no additional notice or consent is required. You agree to immediately notify Lover App or the App Provider of any change in your billing address or the Payment Provider used for payment hereunder. Lover App reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Services or by e-mail delivery to you. Lover App, at its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on this contract.
4.3. Subscription Services; Automatic Renewal. If you activate or update Subscription Services through our Services, you authorize Lover App to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your Account, all accrued sums on or before the payment due date for the accrued sums. YOUR SUBSCRIPTION SERVICES WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically commence on the first day following the end of such period and continue for an equivalent period, at Lover App’s then- current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your Subscription prior to the scheduled automatic payment. IF YOU DO NOT WISH FOR YOUR SUBSCRIPTION SERVICES TO RENEW AUTOMATICALLY, OR IF YOU WISH TO CHANGE OR TERMINATE YOUR SUBSCRIPTION SERVICES, PLEASE CANCEL THE SUBSCRIPTION THROUGH THE APP PROVIDER OR, IF YOU PURCHASED YOUR SUBSCRIPTION SERVICES VIA THE WEBSITE, EMAIL US AT SUPPORT@LOVER.IO. If you cancel your Subscription, you will continue to receive the Subscription Services ordered until the end of your current Subscription period. and your Subscription will not be renewed after your then-current term expires. If you cancel a Subscription, such cancellation will be effective as of the end of your then-current Subscription term, and your Subscription will not be renewed after such then-current term. You will not be eligible for a prorated refund of any portion of the fees paid for the then current period of your Subscription. Upon renewal of your Subscription, if Lover App does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Lover App may either terminate or suspend your Subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription period will begin as of the day payment was received).
4.4. Free Trials. Certain Paid Services, including Subscription Services, may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Services. If you decide to stop use of the Paid Services or cancel your Subscription before Lover App starts charging your payment method, you must stop use of the Paid Services or cancel the Subscription before the free trial ends. Otherwise, you will be responsible for payment for any further use of the Paid Services or the full term of the Subscription period.
4.5. Taxes. Lover App’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Lover App, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Lover App for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Lover App is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
4.6. Withholding Taxes. You agree to make all payments of fees to Lover App free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Lover App will be your sole responsibility, and you will provide Lover App with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
4.7. Delinquent Accounts. Lover App reserves the right to suspend or terminate your use of Paid Services, including Subscription Services, for any Account for which any amount is due but unpaid. In addition to the amount due for the Paid Services, including Subscription Services, such Accounts may be charged with fees or charges that are incidental to any chargebacks or collection of any such unpaid amounts including collection fees.
4.8. Disputes. You must notify us in writing if you have any concerns or objections regarding charges, and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Lover App. We reserve the right to not process or to cancel your order in certain circumstances, including but not limited to instances in which your credit card is declined, we suspect the request or order is fraudulent, or in other circumstances that we deem appropriate in our sole discretion. You must give notice of any disputed charges within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org.
5. OWNERSHIP; PROPRIETARY RIGHTS.
5.1. Lover App Property. Our Services are owned and operated by Lover App. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by Lover App are protected by intellectual property and other laws. All Materials included in our Services are the property of Lover App or our third-party licensors. Except as expressly authorized by Lover App, you may not make use of the Materials. Lover App reserves all rights to the Materials not granted expressly in these Terms.
5.2. Trademarks. Lover App and other related graphics, logos, service marks and trade names used on or in connection with our Services are the trademarks of Lover App and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in our Service are the property of their respective owners.
5.3. Other Content. Except with respect to User Content as defined in Section 6.1, you agree that you have no right or title in or to any content that appears on or in our Services.
6. USER CONTENT.
6.1. User Content Generally. Certain features of our Services may permit Users to upload content to our Services, including messages, photos, images, data, text, and other types of works (“User Content”) and to make your User Content available through messages on our Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you provide to our Services.
6.2. Limited License Grant to Lover App. By submitting User Content, you grant Lover App a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for the purpose of sending messages and communicating through the Services and operating and maintaining the Services.
6.3. User Content Representations and Warranties. We expressly disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By submitting, posting, publishing or sharing User Content, you affirm, represent, and warrant each of the following statements:
a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Lover App to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Lover App, the Service, and these Terms.
b) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
c) Your User Content is accurate and up to date, is not fraudulent, misleading, unlawful, inappropriate, or obscene, and does not violate any law or regulation, or constitute false advertising or any other unfair business practice.
6.4. User Content Disclaimer. We are under no obligation to edit or control User Content, and will not be in any way responsible or liable for User Content. Lover App may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, contains personally identifiable information, violates our policies for use of the Services or is otherwise objectionable. If User Content does not conform to these Terms, we may determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Lover App does not permit copyright-infringing activities on the Services.
6.6. Backups. You are solely responsible for maintaining backups of your User Content outside the Services, and Lover App will have no liability whatsoever to you arising out of or in connection with any loss, compromise, or corruption of any data you may submit, receive, transmit, or store through the Services. Once you terminate your Account, you may no longer have access to retrieve or obtain any of your User Content.
7. Third-Party Terms.
7.2. Carrier Services and Fees. Your use of our Services may be subject to separate third party terms of service and fees of your mobile network operator (“Carrier(s)”). Lover App does not provide you with the equipment to use our App. You are responsible for complying with any third party terms of service and paying all fees charged by third parties to access and use our App (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of our Services (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
7.3. App Provider. You acknowledge and agree that the availability of our App and Services is dependent on the third party App Provider from whom you received the license for our App (e.g., the Apple App Store, Google Play). You acknowledge that the Terms are a binding contract between you and Lover App and not with the App Provider. Lover App, not the App Provider, is solely responsible for our Services, including our App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement. You also agree to pay all fees (if any) charged by the App Store in connection with our Services, including our App. You agree to comply with, and your license to use our App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Provider’s terms and policies) when using our Services, including our App. You also agree to comply with all applicable United States and foreign laws related to use of the App and the Services. You acknowledge that the App Provider (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
7.4. Accessing and Downloading our App from the Apple App Store. The following applies to any iOS App accessed through or downloaded from the Apple App Store:
a) You acknowledge and agree that (i) the Terms are concluded between you and Lover App only, and not Apple, and (ii) Lover App, not Apple, is solely responsible for the iOS App and content thereof. Your use of the iOS App must comply with the App Store Terms of Service.
b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
c) In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. As between Lover App and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Lover App.
d) You and Lover App acknowledge that, as between Lover App and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS App or your possession and use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e) You and Lover App acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, as between Lover App and Apple, Lover App, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
f) You and Lover App acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the iOS App, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the iOS App against you as a third-party beneficiary thereof.
g) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the iOS App.
8. PROHIBITED CONDUCT. BY USING THE SERVICES YOU AGREE NOT TO:
8.1. Hacking or Interfering. You agree that you will not, under any circumstances:
a) Use automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with our Services;
b) Interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
c) Modify or cause to be modified any files that are a part of our Services;
d) Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support our Services; or (ii) the enjoyment of our Services by any other person;
e) Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon our Services, or other attempts to disrupt our Services or any other person’s use or enjoyment of our Services;
f) Attempt to gain unauthorized access to our Services, Accounts registered to others, or to the computers, servers or networks connected to our Services by any means other than the user interface provided by Lover App, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of our Services;
g) Access, tamper with or use non-public areas of our Services, Lover App’s computer systems, or the technical delivery systems of Lover App’s providers;
h) Attempt to probe, scan, or test the vulnerability of any Lover App system or network, or breach any security or authentication measures;
i) Disrupt or interfere with the security of, or otherwise cause harm to, our Services, systems, resources, accounts, passwords, servers or networks connected to or accessible through our Services or any affiliated or linked sites;
j) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Lover App or any of Lover App’s providers or any other third party (including another User) to protect our Services; or
k) Report false emergencies relating to yourself, others, or vulnerable populations including children, elders, or people with disabilities.
8.2. Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of our Services (including your Account), or access to or use of our Services;
b) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
c) Use our Services or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
e) Market any goods or services for any business purposes.
8.2. Unauthorized Use or Access. You agree that you will not, under any circumstances:
a) Modify, translate, adapt, merge, or make derivative works of any part of our Services;
b) Interfere or attempt to interfere with the proper functioning of our Service or connect to or use our Services in any way not expressly permitted by the Terms;
c) Systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
d) Use, display, mirror or frame our Services, or any individual element within our Service, Lover App’s name, any Lover App trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lover App’s express written consent;
e) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through our Services or that is in transit from or to our Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by our Services;
f) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or our Services, whether through the use of a network analyzer, packet sniffer or other device;
g) Make any automated use of our Services, or take any action that imposes or may impose (in Lover App’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for our Services;
h) Bypass any robot exclusion headers or other measures Lover App takes to restrict access to our Services, or use any software, technology or device to send content or messages, scrape, spider or crawl our Services, or harvest or manipulate data;
i) Use, facilitate, create, or maintain any unauthorized connection to our Services, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of our Services; or (ii) any connection using programs, tools or software not expressly approved by Lover App;
j) Reverse compile, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide our Services, or to obtain any information from our Services;
k) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our Services;
l) Upload, post, e-mail, transmit or otherwise make available 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;
m) Solicit or attempt to solicit personal information from Lover App’s Coaches, contractors or employees, or other Users of our Services;
n) Use our Services to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
o) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use our Services to send altered, deceptive or false source-identifying information; or
p) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
8.4. General. In connection with your use of our Services, you shall not:
a) Make available any content that (i) is unlawful, tortious, defamatory, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
b) Harm minors in any way;
c) Impersonate any person or entity, including, but not limited to, Lover App personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Make available any content that you do not have a right to make available 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);
e) Make available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
g) Stalk or otherwise harass Lover App’s Coaches, contractors, or employees, or any other User of our Services;
h) Advocate, encourage or assist any third party in doing any of the foregoing activities in this Section; or
i) Post or send violent (i.e. depiction of blood or physical injury), nude, partially nude, discriminatory, unlawful, infringing, or hateful photos or other content via the Services.
You agree to indemnify and hold Lover App, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Lover App Party or Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) User Content; (b) your violation of the Terms; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations. Lover App reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to fully cooperate with Lover App in asserting any available defenses. You agree not to settle any matter without the prior written consent of Lover App. Lover App will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This provision does not require you to indemnify any of the Lover App Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with our App, Website, or any portion of our Service provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Terms or your access to our Services.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS.
10.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK, AND OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LOVER APP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF OUR SERVICE.
a) LOVER APP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE.
b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
c) WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION THAT IS ACCESSIBLE THROUGH THE SERVICE OR PROVIDED BY A COACH THROUGH THE SERVICE AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. ALTHOUGH THE SERVICE MAY PROVIDE INFORMATION ABOUT HEALTH AND WELLNESS AND/OR CERTAIN HEALTH CONDITIONS, THE SERVICE IS NOT PROVIDING ANY KIND OF MEDICAL OR BEHAVIORAL HEALTH ADVICE OR RECOMMENDATION, AND SHOULD NOT BE RELIED ON AS THE BASIS FOR ANY CLINICAL DECISION OR ACTION. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SERVICE FOR DIAGNOSING, TREATING OR MANAGING BEHAVIORAL ILLNESSES, HEALTH PROBLEMS, OR DISEASES. MEDICAL ADVICE SHOULD ALWAYS BE SOUGHT FROM A LICENSED, QUALIFIED MEDICAL PRACTITIONER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU. IN NO EVENT WILL LOVER APP BE LIABLE FOR ANY DEATH OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY ACTIVITY YOU UNDERTAKE IN CONNECTION WITH YOUR RECEIPT OF ADVISING THROUGH THE SERVICE.
d) OUR SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. LOVER APP MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOVER APP OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
f) FROM TIME TO TIME, LOVER APP MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LOVER APP’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LOVER APP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LOVER APP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10.3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS THROUGH THE SERVICES. YOU UNDERSTAND THAT LOVER APP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF COACHES OR OTHER USERS OF OUR SERVICE.
10.4. Exclusion of Warranties. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, LOVER APP’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT LOVER APP’S OPTION TO ONE OR MORE OF THE FOLLOWING: (a) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF DOING SO; AND (b) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
11. LIMITATION OF LIABILITY.
11.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LOVER APP PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT LOVER APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OUR SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (5) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LOVER APP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LOVER APP PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LOVER APP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL LOVER APP PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO LOVER APP BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LOVER APP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LOVER APP PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LOVER APP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOVER APP AND YOU.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
12.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to internet service providers (17 U.S.C. §512, as amended).
12.2. Repeat Infringers. It is Lover App’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Lover App by the copyright owner or the copyright owner’s legal agent.
12.3. Copyright Infringement. Without limiting the foregoing, if you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on our Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Lover App’s Copyright Agent for notice of claims of copyright infringement is as follows:
Name: Jas Bagniewski
Address: 1295 Laurel Hill Drive, San Mateo, CA 94402
13.1. Violations. If Lover App becomes aware of any possible violations by you of the Terms, Lover App reserves the right to investigate such violations. If, as a result of the investigation, Lover App believes that criminal activity has occurred, Lover App reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Lover App is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in our Services, including User Content, in Lover App’s possession in connection with your use of our Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that User Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Lover App, its Users, the public, and all enforcement or other government officials, as Lover App in its sole discretion believes to be necessary or appropriate.
13.2. Breach. In the event that Lover App determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for our Services, Lover App reserves the right to:
a) Warn you via e-mail (to any e-mail address you have provided to Lover App) or through our advising platform that you have violated the Terms;
b) Delete any of User Content provided by you or your agent(s) to our Services;
c) Discontinue your registration(s) with the any portion of our Services;
d) Discontinue your Subscription to any or all of our Services;
e) Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action;
f) Block future Accounts made using a device on which these Terms were previously violated; and/or
g) Pursue any other action which Lover App deems to be appropriate.
14. TERM, TERMINATION, AND MODIFICATION OF THE SERVICE.
14.1. Term. These Terms are effective beginning when you accept the Terms or download, install, access or use the Service, and ending when terminated as set for in Section 14.2.
14.2. Termination. If you violate any provision of these Terms, your Account and these Terms automatically terminate. In addition, Lover App may, at its sole discretion, terminate these Terms, your Account on the Services, or suspend or terminate your access to the Services at any time for any reason or no reason, with or without notice. You may cancel your Account at any time by sending an email to us at email@example.com . CANCELLATION OF YOUR ACCOUNT IN ACCORDANCE WITH THIS SECTION WILL NOT TERMINATE ANY SUBSCRIPTION SERVICES. You may terminate Subscription Services at any time as set forth in Section 4.3.
14.3. Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Services; (ii) you will no longer have access to your Account; (iii) you must remit to Lover App any unpaid amounts due prior to termination; and (iv) upon termination of these Terms, all payment obligations accrued prior to termination and Sections 3.4, 5, 6.2, 6.3, 6.6, 9, 10, 11, 14.3, 16 and 17 will survive.
14.4. Modification of the Service. Lover App reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Service.
15. INTERNATIONAL USERS.
Our Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Lover App intends to announce or offer such Services in your country. Lover App makes no representations that our Service is appropriate or available for use in other locations. Those who access or use our Services do so at their own volition and are responsible for compliance with local law.
16. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Lover App and limits the manner in which you can seek relief from us.
16.1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or to any aspect of your relationship with Lover App, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify; and (b) you or Lover App may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the date you accepted the Terms of this Agreement or any prior version of this Agreement.
16.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Jas Bagniewski, 1295 Laurel Hill Drive, San Mateo, CA 94402. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and Lover App Inc otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Lover App Inc submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
16.3. Decision of Arbitrator. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Lover App Inc will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
16.4. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, We will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
16.5. Waiver of Jury Trial. YOU AND LOVER APP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lover App are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16.6. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
16.7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending an email to firstname.lastname@example.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name, your Lover App username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
16.8. Severability. Except as provided in Section 16.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
16.9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Lover App.
16.10. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Lover App makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Lover App at email@example.com.
17. GENERAL PROVISIONS.
17.1. Electronic Communications. The communications between you and Lover App use electronic means, whether you visit our Services or send Lover App e-mails, or whether Lover App posts notices on our Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Lover App in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lover App provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
17.2. Release. To the fullest extent permitted by applicable law, you hereby release Lover App Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of our Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of our Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Lover App Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any of our Services provided hereunder.
17.3. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Lover App’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.4. Force Majeure. Lover App shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.5. Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to our Services, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
17.6. Limitation Period. YOU AND LOVER APP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, OUR SERVICE OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.7. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Lover App agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco, California.
17.8. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
17.9. Notice. Where Lover App requires that you provide an e-mail address, you are responsible for providing Lover App with your most current e-mail address. In the event that the last e-mail address you provided to Lover App is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Lover App’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lover App at email@example.com. Any such notice by email shall be deemed given on the date on which such notice is transmitted.
17.10. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
17.11. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
17.12. Export Control. You may not use, export, import, or transfer our Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained our Service, and any other applicable laws. In particular, but without limitation, our Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using our Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Lover App are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Lover App products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
17.13. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
17.14. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.