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LOVB
Terms and Conditions

Effective August 1, 2022

Welcome to our website found at https://www.lovb.com/ (the “Site”), owned and operated by LOVB Inc. and its subsidiaries and affiliates (“LOVB”, “we”, “us”, “our”). Please read these Terms of Service carefully before using the Services (as defined below). These Terms of Service govern your use of and access to the Site, the software applications that LOVB makes available for download to all related mobile apps (individually and collectively, the “App”), tools, products and services that we may offer from time to time (collectively, the “Services”). Any end user who accesses and uses the Services is a “User” under these Terms. Other services offered by LOVB may be subject to separate terms.

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER, AND LOVB. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING YOUR ACCOUNT. BY USING OR ACCESSING THE SERVICES OR CREATING AN ACCOUNT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE ANY SERVICES. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, A DISPUTE RESOLUTION AND ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE “DISPUTE RESOLUTION AND ARBITRATION” SECTION BELOW FOR ADDITIONAL INFORMATION.

1.     CHANGES TO THIS AGREEMENT

We may need to make changes to this Agreement from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at this Agreement regularly, which is posted on the Site at lovb.com/information/legal. If we make a material change to this Agreement, we will notify you by posting a notice on the Site. Your continued use of the Services following our posting of any revised Agreement will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Agreement, you may not access or use the Services.

2.     PRIVACY

Please review our Privacy Notice in order to learn about our practices with respect to the collection and processing of your information, which is accessible at lovb.com/information/privacy.  The Privacy Notice is hereby incorporated by reference into this Agreement.

3.     ELIGIBILITY

The Services are offered and available to natural persons who are 16 years of age or older. If you are under the age of 16, you are not permitted to register to use the Services or provide your personal information to LOVB. If you are at least 16 and under 18, or the legal age of the majority where you reside, then you may register to use the Services, but only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child 16 or over, then you agree to and accept full responsibility for that child’s use of the Services, including all financial charges and legal liability that he or she may incur.

4.     ACCESS TO THE SERVICES

Access to our Services may require the use of your personal computer or mobile device, as well as communication with or use of space on such devices. You are responsible for any internet connection or mobile fees and charges that you incur when accessing the Services.

5.     ACCOUNT REGISTRATION AND COMMUNICATION PREFERENCES

You will be invited to register on or through our Site to participate in or receive various Services offered by LOVB.  When you register, you will use your registered email address and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify LOVB of any unauthorized use of your user name and password. You further agree not to adopt an inappropriate user name of any kind.

When you register, and in order to access some services and/or features on or through our website, such as when you request to contact us or when you subscribe to an email newsletter, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by LOVB or third parties during any visit to our website will be subject to the terms of our Privacy Policy.

By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.  By creating an account, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update as necessary your account information. You are solely responsible for the security of your LOVB account and you agree to maintain the security of your account and associated password. Do not share your password with any other person. You must notify us immediately by email at info@LOVB.com if you discover or otherwise suspect any security breaches related to your account.

By creating an account, you consent to receive electronic communications from LOVB, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

6.     COMMUNICATIONS

●      Text Messaging. LOVB and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF ALL MESSAGES FROM LOVB, YOU CAN EMAIL info@LOVB.com, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including messages confirming the receipt of your opt-out request.

●      Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

●      Email. We may send you emails concerning our Services, as well as those of third parties. You may opt out of promotional emails by unsubscribing in the email directly.

7.     INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that we or our licensors own all legal rights, titles and interests in and to all elements of the Services. The Services, and all of its contents, including without limitation, the LOVB names and logos, and visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (collectively “Site Content”) provided by LOVB are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us.

Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.

8.     TRADEMARKS

The LOVB name and logo, and all related names, logos, domains, product and service names, designs and slogans are trademarks of LOVB or its licensors. You must not use such marks without the prior written permission of LOVB. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

9.     USER CONTENT

Certain features of the Services may permit you to submit, webcast, upload or otherwise transmit (collectively “Post”) live and pre-recorded streaming of audio and visual works, including, podcasts, blogs, links to third party sites, pictures, photos, video images, audio, reviews and other types of work (including any voice, sound recordings, musical works or third-party content therein); to use Services, such as chat  and message boards; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images or other data or materials on the Services (“User Content”).

You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Site Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

(i) If you Post your User Content on the Site or otherwise through the Services, you represent and warrant that:

a. You own, or have the necessary licenses, rights, consents, and permissions to use and authorize LOVB to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by LOVB and this Agreement, and to grant the rights and license set forth in this Section.

b. Your User Content, LOVB's use of such User Content pursuant to this Agreement, and LOVB's exercise of the license rights set forth in this Section, do not and will not: (a) 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; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (d) your User Content does not contain any viruses, adware, spyware or harmful or malicious code; (e) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of LOVB or third parties; and (f) your User Conetn does not violate any applicable law or regulation.  Should the User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for you use of such features. LOVB reserves all rights and remedies against any users who breach the aforementioned representations.

c. There is no need for any permission from or payment to any other person or entity, to use, and to authorize us to use, your User Content in all manners contemplated by this Agreement (including the “Submissions License” set forth below);

d. You are authorized to grant all of the aforementioned rights to the User Content to LOVB and all users of the Service; and

e. Your User Content and your communication thereof does not violate the “Acceptable Use and User Conduct” (set forth below) and other requirements of this Agreement.

(ii) Submissions License. You grant to LOVB and its affiliates a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in whole or in part), assignable, worldwide with the right to grant and authorize sublicenses, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, modify, reformat, create derivative works based upon, perform and otherwise exploit your User Submission, in whole or in part, alone or in combination with other content or material, in all media formats and channels now known or hereafter devised (including by way of example but in no way a limitation, the internet, mobile devices, and through any future means or methods of downloading and/or streaming now known or hereinafter devised) in connection with the Services and LOVB's (and its successor's, transferees', sublicensees' and their respective affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof), all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). We cannot be responsible for maintaining your User Content that you provide to us, and we may delete or destroy your User Content at any time. You grant LOVB and its affiliates, transferees and sublicensees (and their respective affiliates) the right to use your name and LOVB account that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and this Agreement.

(iii) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by you with respect to such User Content.

You understand that LOVB shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that LOVB will not be liable for any errors or omissions in any content; and that LOVB cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. You are solely responsible for your User Content. LOVB uses reasonable security measures in order to protect User Content against any unauthorized copying and distribution. However, LOVB does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that LOVB shall not be liable for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY LOVB HEREIN ARE PROVIDED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE THE SECURITY SAFEGUARDS OR CIRCUMVENT SUCH SECURITY MEASURES.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.

10.  USER PROMOTIONS

Users may promote, administer, or conduct a promotion (e.g. a contest) on, through, or utilizing the Services (a “Promotion”). LOVB is not the sponsor or promoter of these Promotions and does not bear any responsibility or liability for the Promotions.  If you choose to participate in or administer a Promotion, it is your responsibility to read the terms and conditions of any Promotions and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in or administer any such Promotions in your country of residence.

Without limitation to the aforementioned requirements, neither the Promotion nor the User Content uploaded by you to LOVB in connection with the Promotion, shall include:

●      Any material that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in LOVB’s reasonable discretion;

●      Any material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, intellectual property rights, rights of privacy or publicity, confidential information or any other right, or any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in LOVB’s reasonable discretion;

●      Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component; or

●      Any material that violates this Agreement.

11.  USER CONTENT ENDORSEMENT GUIDELINES

Notwithstanding any other provision in the Agreement, you represent and warrant to us that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will: (a) make only accurate statements that represent your genuine experience with any product, good or service; and (b) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Endorsements and Testimonials in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other advertising guidelines required under applicable law.

12.  USER AND USER CONTENT MONITORING

LOVB has the right, but not the obligation to monitor User Content or the use of or access to the Site or Services. Nonetheless, LOVB reserves the right to do so for the purpose of operating the Site, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements, including any obligations promulgated under SafeSport and MAAPP. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Notice .

We reserve the right, but are not obligated, to remove or disable access to the Site or any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

In case we receive a written claim against you claiming that your User Content infringes upon individual rights, we may contact you to address the claim and give you the opportunity to solve it directly with the claimant.  Please note, however, that we reserve the right to decide on whether or not your User Content breaches our Terms of Service. Our decision is final and not appealable and may result in the removal of your content, the suspension or the cancellation of your account, as well as, in the most serious cases and if permitted by law, the referral of the case to the relevant criminal authorities.

13.  PUBLIC FORUMS AND COMMUNICATION

Public Forum” means any feature that may be offered as part of any Site Content that offers the opportunity for you to submit your User Content for viewing by one or more Site Content users, such as a profile page.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to your User Content to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media, nor that your User Content will remain available via the Site Content at all times; you make such disclosures at your own risk.

You are and shall remain solely responsible for your User Content you submit under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. LOVB does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and LOVB expressly disclaims any and all liability in connection with User Content. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action, with respect to your User Content, which you submit.

Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. LOVB will have no liability for your interactions with other users.

14.  SUSPENSION

We reserve the right to suspend or terminate your access to the Services if: (a) you materially or repeatedly breach our Terms of Service, Community Guidelines or applicable law; (b) we are required to do so to comply with a legal requirement or a court order; (c) if we reasonably believe that our provision of Services are no longer commercially viable; or (d) we reasonably believe there has been conduct that creates liability or harm to any user, other third party or LOVB.

We will notify you with the reason for termination or suspension by LOVB unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for LOVB; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party or LOVB.

Most violations will result in a strike, which will be noted on the User’s account. LOVB has a three strike policy. After three strikes, there will be a permanent ban. A strike will result in a suspension, which can last three days, seven days, one month or three months, depending on the severity of the User’s conduct. A User can appeal a suspension and request that the strike be removed. A LOVB admin will evaluate the appeal and make a determination. In order to appeal, you must contact us at safe@lovb.com.

Please note that LOVB reserves the right to permanently ban you at any time for any conduct that we determine to be in appropriate or harmful, and even if you have no strikes, since such conduct clearly violates our Community Guidelines, Privacy Notice and/or Terms of Service.

While your account is suspended, you will not be able to use LOVB in any way. After the suspension is lifted, you will be able to use our Services once again.

Where LOVB is terminating your access for changes to our Services, where reasonably possible, you will be provided with sufficient time to export User Content from the Service.

15.  LOVB LICENSE TO YOU

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services and Site Content; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell or use commercially the Services or Site Content (except for User Content); (b) distribute, publicly perform or publicly display any Site Content; (c) modify or otherwise make any derivative uses of the Services or Site Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than page caching) any portion of the Services or Site Content, except as expressly permitted by us; and (f) use the Services or Site Content other than for their intended purposes.

16.  YOUR LICENSE TO LOVB

Unless otherwise agreed to in a written agreement between you and LOVB that was signed by an authorized representative of LOVB, if you Post or store User Content using the Services or  submit any ideas, suggestions, comments or feedback to us about the Services (collectively, “Feedback”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable license to: (a) use and disclose your Feedback for any purpose, including without limitation, as part of the Services and any improvements and modifications thereto; (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting or redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (c) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content.

You represent and warrant that such User Content may be used by LOVB and its sub-licensees consistent with this Agreement in their sole and absolute discretion without any obligation of any kind to you or to any third party including, without limitation,  any obligation to pay any royalties, bonuses, license fees or other consideration of any kind to any  sound recording copyright owners or licensees (e.g., a record label), a musical work copyright owner, licensee or administrator (e.g., a music publisher or administrator of publishing rights), a performing rights organization or collection society (e.g., ASCAP, BMI, SESAC, in respect of musical copyrights or SoundExchange in respect of sound recordings, each a “PRO”), any unions, guilds or collective bargaining units,  or any parties having contributed to any musical works or recordings (e.g., writers, performers, engineers, producers or any other party involved in the creation of User Content). If you are a composer or author of a musical work or if you owned or played on a sound recording and are affiliated with a PRO, then you must notify your PROs of the royalty-free license you grant through this Agreement to LOVB. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. You further acknowledge and agree that we shall have no obligation to compensate you for any use of your Feedback, nor will we be under any obligation to use any Feedback you may submit

With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Services and others copied or stored portions of the User Content; (b) LOVB used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.

If you violate the terms of this Agreement, including without the limitation, the foregoing standards, LOVB reserves the right, in its sole discretion, to suspend or terminate your account and block your access to the Site and Services.

17.  YOUR LIMITED LICENSE TO OTHER USERS

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Service.

18.  THIRD PARTY WEBSITES AND APPLICATIONS

The Services may contain links to third party websites, services, and applications that are not owned, operated or controlled by us (“Third-Party Applications”). All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. When you access these Third-Party Applications, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any Third-Party Applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Third-Party Applications, or the information or material accessed through these Third-Party Applications. If you decide to access any other website or application linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Applications.

19.  TERMS OF SALE

Certain aspects of the Services or certain products may be provided for a fee or other charge. If you elect to use paid aspects of the Services or purchase any products through the Site, all orders must be accepted by us or we will not be obligated to sell the associated Services or products to you. All prices, discounts, and promotions posted on the Site is subject to change without notice. The price charged for an associated Service or product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We will arrange for payment and shipment/electronic delivery of the products to you through a third party. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Except for any Services or products designated on the Site as final sale or non-returnable, LOVB will accept a return of the Services or products pursuant to the transaction terms associated with the specific Service or product outlined during the ordering process.  

20.  NOTICE REGARDING MOBILE DEVICES AND APPLICATIONS

This following applies to the extent you are using our mobile application (“App”) on an iOS device. You acknowledge that this Agreement is between you and LOVB only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App you acquire from the iTunes Store (“iTunes-Software”) or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service or the App. If the iTunes-Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the iTunes-Software or your possession and/or use of the iTunes-Software, including: (1) product liability claims; (2) any claim that the iTunes-Software fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the iTunes-Software and/or your possession and use of the iTunes-Software infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the iTunes-Software. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

The following applies to the extent you are using any App from the Google Play Store (“Google-Software”): (a) you acknowledge that the Agreement is between you and LOVB only, and not with Google, Inc. (“Google”); (b) your use of Google-Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Software; (d) LOVB, and not Google, is solely responsible for its Google-Software; (e) Google has no obligation or liability to you with respect to Google-Software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the LOVB Google-Software.

21.  ACCEPTABLE USE AND USER CONDUCT

You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:

●      Provide, submit or upload false, inaccurate or misleading information;

●      Impersonate another user, person or entity, or use or attempt to use another user’s account without express written consent from such user and LOVB;

●      Infringe upon, misappropriate or violate any other party’s intellectual property, privacy, publicity, statutory, legal, personal or other rights;

●      Collect, track, harvest or otherwise collect information about others, including without limitation email addresses, without proper consent;

●      Send, upload, promote, distribute, disseminate, incite or encourage any unlawful, defamatory, disparaging, harassing, insulting, abusive, harmful, discriminatory, threatening, intimidating, malicious, fraudulent, violent, obscene, or otherwise objectionable content;

●      Upload, transmit or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other type of malicious code, or items of a destructive or deceptive nature, that could interfere with, disrupt, affect, damage, harm or impair the functionality or operation of the Services or of any related website, other websites, or the Internet, or that would restrict or inhibit any other person from using the Services;

●      Modify, adapt, translate, copy, reproduce, duplicate, archive, download, publish, distribute, reverse engineer, decompile or disassemble the Services or portion thereof by any means, other than as expressly permitted by this Agreement or as otherwise clearly contemplated by the features and functionalities of the Services;

●      Reformat, frame or mirror any portion of the Services;

●      Use any robot, spider, site search/retrieval application, crawler, scraper, script, browser extension, offline reader or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, not authorized by us to access or otherwise use the Services in any way;

●      Undertake, engage, carry out, encourage, or promote any illegal or unauthorized activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation, including, but not limited to, money laundering, terrorist financing, or deceptive or manipulative trading activities;

●      Violate the LOVB Community Guidelines which LOVB updates from time to time; or

●      Use the Services for any other unlawful, improper or unethical purposes, or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

If you violate the terms of this Agreement, including without the limitation, the foregoing Acceptable Use standards, LOVB reserves the right, in its sole discretion, to suspend or terminate your account and block your access to the Site and Services.

22.  COPYRIGHT CLAIMS

LOVB respects the intellectual property rights of all creators.  If you believe that any Site Content violates or infringes upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work(s) claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site.  Note that including specific URLs in your notice will help us to quickly identify the allegedly infringing material.
  4. Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, or email address where you (the complaining party) may be contacted.
  5. A statement that you (the complaining party) “have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the copyright owner.

Please send the DMCA notice to our designated Copyright Agent at:

Katten Muchin Rosenman LLP

Attn: Bret Danow  

50 Rockefeller Plaza

New York, New York 10020

Email: bret.danow@katten.com

Please include the following in the subject line of your letter and/or email: LOVB DMCA Notice.

In response to a valid DMCA notice, LOVB reserves the right to remove the allegedly infringing content from the Site. Doing so may restrict access to, or the ability to view User Content on the Site. LOVB will have no liability whatsoever to a User where User Content is removed from the Site in response to a valid DMCA notice.

23.  DISCLAIMER

VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES IS AT THEIR SOLE RISK. THE SITE, THE SERVICES AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOVB MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SITE OR SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, SERVICES, OR SITE CONTENT. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF LOVB ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICES. WHILE LOVB ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT SAFE, LOVB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, SITE CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY IN ANY MANNER.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED ELECTRONIC WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES; OR (F) ANY TRANSACTIONS CONDUCTED THROUGH THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

24.  INDEMNIFICATION

By using the Services, you agree to indemnify, defend and hold LOVB and its past, present and future parent, affiliates and subsidiaries, and each of their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Site or Services or any goods and services available or purchased on or through the Site or Services: (ii) any violation by you of this Agreement, our Privacy Notice or any other policy posted on the Site applicable to your use of the Site or the Services; (iii) any Feedback you provide to us; and (iv) any violation of the rights of a third-party.  The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.

25.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LOVB, OUR PAST, PRESENT OR FUTURE PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITE CONTENT OR OTHER MATERIALS, OR ANY THIRD PARTY SITES OR PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF LOVB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LOVB ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT ACTUALLY RECEIVED BY LOVB FROM THE SALE OF THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM (LESS ALL COSTS, FEES, COMMISSIONS AND OTHER LIABILITIES INCURRED BY LOVB IN CONNECTION THEREWITH).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

26.  MODIFICATIONS TO THE SERVICE

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue any transaction at any time and without liability therefor.

27.  TERMINATION

Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

28.  DISPUTE RESOLUTION AND ARBITRATION

By accepting the terms of this Agreement, you understand that LOVB is committed to resolving disputes fairly, efficiently and initially through good faith negotiation.  You may send a written description of your claim to info@lovb.com with “LOVB Notice of Dispute” provided in the subject line. If we are unable to resolve any and all disputes through good faith negotiation within 60 business days after we receive your claim description and you have made a good faith effort to resolve your claim with us during that time, you must then give us an opportunity to resolve your claim through mediation. You and we each agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation within 30 days of the start of the mediation. The costs of the mediation will be allocated among us as mutually agreed to as part of the mediation.

In the unlikely event that LOVB is unable to resolve your concerns at the completion of the mediation, we each agree to resolve those disputes through binding arbitration, instead of class actions or jury trials. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in New York, New York, and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes.

To the fullest extent permitted by applicable law, you and LOVB must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR LOVB MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor LOVB may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

29.  GOVERNING LAW

We control and operate the Services from the United States. We do not represent that the Site Content or other materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable.

You agree that any dispute arising under or related to this Agreement will be governed by, and construed in accordance with, the laws in effect in the State of New York, without regard to its conflicts of law principles.  Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you expressly and irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in New York, New York, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.

30.  SEVERABILITY

If any provision, or portion thereof, of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of this Agreement, and all other terms and provisions of this Agreement shall remain in full force and effect.

31.  SURVIVAL

All terms and provisions of this Agreement that are intended to survive the expiration or termination of this Agreement and the termination of your Account shall so survive.

32.  MISCELLANEOUS

This Agreement, together with the Privacy Notice and any other agreements expressly incorporated by reference to this Agreement, are entire agreement between you and LOVB with respect to the Site, Services, Site Content, and any transaction conducted on or through the Site or Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LOVB with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LOVB.  LOVB’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, or of LOVB’s right to enforce such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.

33.  INTERNATIONAL USE

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

34.  EXPORT CONTROLS AND TRADE AND ECONOMIC SANCTIONS

You agree to comply fully with all applicable United States and international export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and trade and economic sanctions maintained by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (“Export Laws”). Specifically, You agree not to, directly or indirectly, sell, export, reexport, transfer, or divert to or otherwise allow the use of the Service in any destination or by any entity or person or for any use prohibited by the laws or regulations of the United States or other applicable country without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This clause shall survive termination or cancellation of this Agreement.

35.  TERMINATION

Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate the Services or terminate  your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.

36.  CONTACT US

If you have any questions about the Services or the terms of this Agreement, please send us an email at info@LOVB.com.

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