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Terms of Service Luvup.com is an online service that keeps users updated on the events which are entered in their social calendars. The Luvup.com service is operated from The Netherlands by Skwortsow Koster Media Group (SKMG) BV, hereinafter referred to as Luvup.com. By using the Luvup.com web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and make use of the Luvup.com service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions on the Sign Up page. This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by Luvup.com at any time and without prior notice, such modifications to be effective upon posting by Luvup.com on the Web site. Eligibility You must be thirteen years of age or over to register as a member of Luvup.com or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Term This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "My Settings" page. Luvup.com may terminate your membership for any reason, at any time. If Luvup.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Non Commercial Use by Members The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Proprietary Rights in Content on Luvup.com Luvup.com owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Luvup.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Content Posted on the Site You understand and agree that Luvup.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Luvup.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. The following is a partial list of the kind of Content that is illegal or
prohibited on the Web site. Luvup.com reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. It includes
Content that: You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk e-mail to other Members. Although Luvup.com cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Luvup.com reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which Luvup.com deems appropriate in its sole discretion. Privacy Use of the Web site and/or the Service is also governed by our Privacy Policy. Disclaimers Luvup.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Luvup.com is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Luvup.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Luvup.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Luvup.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Luvup.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Luvup.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Luvup.com or through or from the service shall create any warranty not expressly stated herein. Limitation on Liability In no event will Luvup.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Luvup.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Luvup.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Luvup.com for the Service during the term of membership. Disputes If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the Netherlands without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the court of Amsterdam, the Netherlands. Indemnity You agree to indemnify and hold Luvup.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. No Agency There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Luvup.com and any User of the Service. Other This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Luvup.com regarding the use of the Web site and/or the Service. The failure of Luvup.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this agreement. |