Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Thank you for visiting the LuvHertz.com website (the “Website”), operated by HighFrequency Luv Inc. (“HLuv”).
THESE LUVHERTZ.COM TERMS AND CONDITIONS, TOGETHER WITH ANY POLICIES, AGREEMENTS OR DOCUMENTS INCORPORATED BY REFERENCE HEREIN AND ANY OTHER TERMS PROVIDED FOR ON THE WEBSITE (COLLECTIVELY, THE “AGREEMENT”), IS A LEGAL AGREEMENT BETWEEN HLUV AND THE PERSON REGISTERING TO USE THE SERVICE (AS DEFINED BELOW)(“YOU”).
If you are under the age of majority that is required in order for you to have the legal capacity to enter into this Agreement then, as a condition of using the Website, your parent or legal guardian must agree to this Agreement and to be responsible, on your behalf, for your use of the Website, the Service and compliance with this Agreement and in such circumstances “you” shall be deemed to include your parent or legal guardian.
PARENTS / LEGAL GUARDIANS: In cases where you have authorized a minor to use the Website or any of the Services, you agree to be fully responsible and liable for: (a) ensuring such minor’s compliance with the terms of this Agreement; (b) the consequences of any misuse of the Website or the Service by the minor; and (c) the minor’s breach of the terms of this Agreement. You acknowledge that the Website may contain material that is inappropriate for minors and/or that the use of the Service may be inappropriate for use by minors.
BY CHECKING THE BOX NEXT TO “I AGREE” EITHER UPON INITIAL REGISTRATION OF YOUR ACCOUNT OR WHEN PROMPTED AS A RESULT OF AN AMENDMENT TO THIS AGREEMENT, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY FUTURE MODIFICATIONS MADE PURSUANT TO THIS AGREEMENT, WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICE. NOTWITHSTANDING, THIS AGREEMENT IS BINDING ON ALL USERS OF THE WEBSITE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE OR THE WEBSITE.
In consideration of HLuv providing the Service and the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree with HLuv as follows:
1. Description of Services
The Website is a social networking website dedicated to providing a platform for you and other individuals that have registered to use the Service and agreed to the terms of this Agreement (each a “Member”) to seek and share advice and obtain feedback from each other about relationship and dating issues and also provides tools for you to gauge and chart the progress of your relationships, and may, from time to time, include other features, functions and services (collectively, the “Service”). Currently, the Service is provided free of charge; however, HLuv reserves the right in the future to institute new fees or charges for the Service, or for aspects of the Service and/or for new features and functionality that may be added at a later date.
Location. Use of the Service, including accessing Member Content (as defined below), from territories where such use or Member Content is illegal is prohibited. If you are accessing the Website from a location outside of Canada, you do so at your own risk, and as a condition of entering into this Agreement, you agree to comply with all local laws, including but not limited to laws governing the Internet, data, e-mail or privacy, online conduct and acceptable content.
Non-Individuals. Organizations, companies and/or businesses may not register for or otherwise access the Service for any purpose.
3. Term and Termination
The effective date of this Agreement is the date on which you have or have been deemed to have accepted this Agreement in accordance with the procedures set out herein and shall continue for the duration of your use of the Service unless terminated earlier in accordance with the terms of this Agreement.
You may delete or suspend your account at any time, for any reason, and after suspending your account, you may reactivate your account by following the instructions found on the Help Page. Notwithstanding any suspension of your account, this Agreement shall remain effective until you reactivate and delete your account. Upon deleting your account, this Agreement will terminate upon HLuv carrying out such deletion. In addition to any other rights of termination provided herein, HLuv may terminate this Agreement or suspend access to all or part of the Service, at any time and in its sole discretion, with or without notice, for any reason, including but not limited to breach of this Agreement or any fraudulent, abusive or otherwise illegal activity or such activity that may otherwise affect the enjoyment of the Service by others. You agree that HLuv shall not be liable to you or any third party for any such suspension or termination.
5. Use of the Service
- Use. HLuv grants you, subject to the terms and conditions of this Agreement, a limited, personal, revocable, non-transferable and non-exclusive licence to use the Website in connection with the Service and to access, display, download and use, on your computer, the HLuv Content and other Members’ Member Content solely and exclusively for your personal, private and non-commercial use in connection with your receipt and use of the Service and provided you do not delete or change any copyright, trade-mark, or other proprietary notices. The foregoing limited right does not give you any ownership of any HLuv Content. Except as expressly provided above, nothing contained in this Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any HLuv Content under any copyright or any other intellectual property right.
- Limits on Use. HLuv may establish certain limitations, conditions and restrictions on your use of the Service from time to time, in our sole discretion, including limiting certain features of the Service or restricting your access to any part or all of the Service, without notice or liability. HLuv may alter, suspend or discontinue any aspect of the Service at any time, including the availability of the Website or any Service feature, database or content therein.
- Security and Passwords. You are responsible for maintaining the confidentiality of your password and user name. You are responsible for activities that occur under your password or user name. You agree to notify HLuv immediately of any unauthorized use of your password or user name. You agree to log out of the Website after every session so as to protect your password and user name from breaches of security and to enhance access to the Website for those still accessing the Website. HLuv will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or user name, either with or without your knowledge. However, you could be held liable for losses incurred by HLuv or another party due to someone else using your user name or password. You may not use anyone else’s password or user name at any time, without the permission of the bona fide holder.
6. HLuv Content
You agree that all right, title and interest (including all intellectual property rights) in and to the Website and all HLuv Content, excluding any other Member’s Member Content, is and shall be owned solely and exclusively by HLuv and its licensors. “HLuv Content” means all information, materials and content on the Website, including without limitation all software (in both object and source code forms), files, user interfaces, “look and feel”, images and photographs and illustrations, video clips and animation, interactive features, sounds and music, functionality and any and all other copyrightable elements, trade-marks, trade names and patents or other forms and formats now known or later invented. In using the Website and the Service, you must respect the intellectual property rights of HLuv and others, all as outlined below.
HLuv Content and other Members’ Member Content may not be otherwise copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, publicly performed, used to create a derivative work or otherwise used for public or commercial purposes except as expressly authorized in this Agreement. Your unauthorized use of HLuv Content or any other Member’s Member Content may violate copyright, trade-mark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
HLuv reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized use of the Website or HLuv Content or other Members’ Member Content.
7. Member Content
- Disclaimer. You acknowledge that HLuv is not responsible for the accuracy, usefulness, content, safety or intellectual property rights of other Members’ Member Content. You further acknowledge that you may be exposed to Member Content that violates the Code of Conduct (as defined below) or is otherwise inaccurate, offensive, indecent or objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HLuv with respect thereto. HLUV DOES NOT ENDORSE ANY MEMBER CONTENT OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN. HLUV EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE OR HARM ARISING FROM OR IN CONNECTION WITH ANY MEMBER CONTENT, INCLUDING YOUR RELIANCE ON SAME. You acknowledge that HLuv does not, and you agree that HLuv has no obligation to, monitor your Member Content or any other materials submitted by any third party. If notified by a Member or content owner of Member Content that allegedly does not conform to this Agreement or is in violation of applicable law, HLuv may investigate the allegation and determine in its sole discretion whether to remove such Member Content, which it reserves the right to do at any time.
8. Member Code of Conduct
By using or accessing the Service and/or the Website, you agree not to:
- publish, submit or otherwise make available to other Members your own or any other person’s real name or any other personally identifiable information, such as photographs, personal website address (including website addresses for any other profile on other social networking websites), telephone numbers, street addresses or email addresses;
- publish falsehoods or misrepresentations that could damage HLuv or any third party, including but not limited to other Members;
- submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, gives rise to civil liability, violates any law, or is otherwise deemed inappropriate by HLuv, acting in good faith;
- make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities, or send junk e-mail, spam or any duplicative or unsolicited messages to any third party, including but not limited to other Members, except as is reasonable in the course of using the Service;
- abuse, harass, “stalk”, threaten, attempt to defraud or otherwise violate the legal rights (such as rights of privacy and publicity) of other Members, HLuv staff or any third party;
- submit material that exploits people under the age of 18 in a sexual or violent manner;
- upload, post, e-mail, post links to or otherwise transmit any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity;
- impersonate another person, including HLuv staff, or access another Member’s account without permission;
- interfere with security-related features of the Website;
- decompile, decipher, reverse engineer, disassemble, or otherwise attempt to derive any of the HLuv Content or any part of the Website; or
- engage in any other activity that is prohibited by this Agreement.
9. Intellectual Property
All content on the Website (including HLuv Content) is copyrighted, and it is either owned or used with permission by HLuv. HLuv disclaims any representation or warranty that your unauthorized use of HLuv Content will not infringe upon rights of third parties not owned by or affiliated with HLuv.
LuvHertz.com™ and LuvHz.com™ are trade-marks or service marks of HighFrequency Luv Inc. and all other trade-marks, logos and service marks displayed on this Website are trade-marks of HLuv or third parties (collectively, “Trade-marks”). All Trade-marks not owned byHLuv are the property of their respective owners, and are used with permission. Any use of any of the Trade-marks appearing on the Website or in connection with the Service without the express written consent of HLuv or the owners of the Trade-mark, as appropriate, is strictly prohibited. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or licence to use any Trade-mark.
Any rights not expressly granted herein are reserved by HighFrequency Luv Inc.
10. Links to Third Party Websites
HLuv may provide through the Website or the Service, or third parties such as advertisers or other Members may provide, links to other websites or resources (“Third Party Sites”). HLuv does not endorse and makes no express or implied warranties with regards to any Third Party Sites or the information, material, products or services contained on, in or accessible through such Third Party Sites. Access and use of Third Party Sites is solely at your own risk. You acknowledge and agree that all risk associated with your use of any information, data or materials provided or made available on any Third Party Sites rests solely with you.
Linking to and your use of any other website is at your sole risk and HLuv strongly recommends that you review the terms and conditions and privacy policies of any such website before you use or provide any personal or confidential information.
THE TERMS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY HLUV AT ANY TIME, in its sole discretion, effective upon posting a revised Agreement on the Website, which you can access at any time by clicking on the “terms” link at the bottom of the HLuv webpage. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY FOR ANY SUCH REVISIONS. Please consult the end of this Agreement to determine when the Agreement was last revised.
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HLUV PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER. HLUV EXPRESSLY DISCLAIMS AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OR CONDITIONS OF SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, USEFULNESS, OR ERROR-FREE OR UNINTERRUPTED OPERATION OR USE OF THE WEBSITE OR THE SERVICE, OR THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT HLUV WILL BE ABLE TO CORRECT ANY OR ALL ERRORS OR PROBLEMS OR REPORTED ISSUES. HLUV MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE NOR SHALL IT BE LIABLE TO YOU FOR ANY DECISIONS OR RELIANCE BASED ON YOUR USE OF THE SERVICE.
- Advice, etc. Opinions, advice, statements, offers, or other information or content made available through the Service (including other Members’ Member Content) are those of their respective authors, and should not necessarily be relied upon. Such individuals are solely responsible for such content. HLUV DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABLITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HLUV. UNDER NO CIRCUMSTANCES WILL HLUV BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USER OF THE SERVICE.
- Compatibility, etc. HLuv cannot and does not guarantee or warrant that the Website or any Member Content is compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing appropriate safeguards to protect the security and integrity of your systems.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HLUV, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “HLUV PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT IS SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR THE SERVICE OR ANY MEMBER CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY BY STATUTE OR OTHERWISE) AND REGARDLESS OF THE OCCURANCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. IN THE EVENT THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, UNDER NO CIRCUMSTANCES SHALL THE HLUV PARTIES’ TOTAL AGGREGATE LIABILITY, IN ANY CONNECTION WITH THIS AGREEMENT, EXCEED CAD$25.00.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER SHALL ANY OF THE HLUV PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT IS SUFFERED OR INCURRED IN ANY CONNECTION WITH: (A) YOUR USE OF THE WEBSITE OR THE SERVICE OR ANY MEMBER CONTENT (INCLUDING BUT NOT LIMITED TO BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE OR ANY THIRD PARTY THAT IS THE SUBJECT OF YOUR COMMUNICATIONS ON THE SERVICE OR FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU) OR (B) THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS (INCLUDING BUT NOT LIMITED TO MEMBER CONTENT) TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY CONTENT, MEMBER CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR THE SERVICE (INCLUDING BUT NOT LIMITED TO HLUV CONTENT), OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER, HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE HLUV PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE USE OF THE WEBSITE AND THE SERVICE AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
You hereby agree to defend, indemnify and hold harmless the HLuv Parties from and against all claims, losses, damages, expenses, liabilities and costs, including reasonable attorneys’ fees, arising from or relating to: (a) your use or inability to use the Website or the Service; (b) any of your Member Content; (c) your breach of any term of this Agreement; (d) your violation of any rights of a third party; and (e) your violation of any applicable laws, rules or regulations. HLuv reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with HLuv in asserting any available defences.
Any notices, questions or comments you may have related to the Website, the Service or this Agreement should be directed to: email@example.com.
16. General Provisions
- English Language. The parties agree that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que les modalités de cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
- Governing Law. The Website and the Service is administered by HLuv from a site that is located in the Province of Ontario, Canada. You acknowledge and agree that your use of the Website and the Service and all of the communications, transmissions and transactions associated with the Website and the provision of the Service shall be deemed to have occurred in the Province of Ontario, Canada, and you and HLuv agree that this Agreement shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. If you are located in a jurisdiction other than Canada, the parties agree that neither the United Nations Convention of the International Sale of Goods or the Uniform Computer Information Transactions Act (United States) shall apply to this Agreement. The parties irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. The parties expressly agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and each party hereby waives any right to trial by jury.
- Equitable Remedies. You acknowledge and agree that any breach of this Agreement by you may cause irreparable harm to HLuv for which damages will not be an adequate remedy and that in the event of such circumstance, HLuv may, in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of this Agreement or seek any other equitable relief and nothing in this Agreement, shall interfere with, delay, obstruct, or prevent the affected party from taking, or require the affected party to take, any steps prior to taking action to seek an interim and interlocutory equitable remedy on notice or ex parte. You covenant and agree not to contest, object to, or otherwise oppose an application for equitable relief by the other in such circumstances and you hereby waive any and all immunities from any equitable relief to which you may be entitled.
- Assignment. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by each of the parties, their respective successors and permitted assigns. HLuv may assign this Agreement, in whole or in part, to any third party at any time with or without notice to you. You may not assign, transfer or sublicense this Agreement.
- Severability / Electronic Documents. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual and other legal requirements for a writing; and (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Agreement and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- No Waiver. No delay or omission by HLuv to exercise any right or power it has under this Agreement or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by HLuv.
- Survival. Sections 3, 4, 6, 7(c), 9, 12, 13, 14, 15 and 16 of this Agreement shall survive any termination or expiration of this Agreement, including for greater certainty all provisions of any documents incorporated by reference herein that by their nature should survive any termination or expiration hereof.
17. Revision Date
This Agreement was last revised on March 15, 2010.