Luvocracy Terms of Service

LUVOCRACY WEB SITE USER AGREEMENT AND TERMS OF USE(“Terms of Use”)

Please read the following Terms of Use and our Privacy Policy, which may be found at http://www.luvocracy.com/about/privacy , carefully before using any of Luvocracy’s and its affiliates’ (collectively, “Luvocracy”, “our” or “we”) web site, including, but not limited to, the Luvocracy.com web site, as well as any online features, services and/or programs offered by Luvocracy (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms of Use. You should review these Terms of Use regularly as they may change at any time at the sole discretion of Luvocracy. If you do not agree to any portion of these Terms of Use, you should not access or otherwise use the Web Site. Please review our Privacy Policy, which also governs your visit to and use of the Web Site.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY POSTING ANY MEMBER CONTENT ON THE SITE, APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We will make an effort to update this web page with any changes to these Terms of Use and/or to the services described in these Terms of Use and you are encouraged to review these Terms of Use frequently (the date of the most recent revision to these Terms of Use appear at the beginning of these Terms of Use). Luvocracy reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Web Site with or without notice to you. You agree that Luvocracy will not be liable to you or to any third party for any such modification, suspension or discontinuance.

1. CONVENIENCE AND INFORMATION ONLY ACCEPTANCE OF TERMS OF USE.

By merely providing access to the Web Site, Luvocracy does not warrant or represent that: (a) the Content and/or the User Content is accurate, complete, up-to-date or current (b) Luvocracy has any obligation to update any Content and/or User Content (c) the Content and the User Content is free from technical inaccuracies or typographical errors (d) that the Content and/or User Content does not infringe on the intellectual property rights of any third party (e) that the Content and/or the User Content is free from changes caused by a third party (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. The Web Site may make available certain text, materials, documents, images, graphics, logos, design, audio, video, data, news, research, statistics, stories, photographs, opinions, or any other information provided from or on, uploaded to and/or downloaded from the Web Site (collectively “Content”), other than User Content which is discussed in Paragraph 13, that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the “Content Providers”). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Content made available through Luvocracy.com, the Content Providers or any other third party transmitting the Content (the “Content Transmitters”). You agree that neither Luvocracy, the Content Providers nor the Content Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Content, or for any decision made or action taken by you relying upon the Content. You further agree that neither Luvocracy, the Content Providers nor the Content Transmitters will be liable in any way for the interruption of any data, Content or other aspect of the Web Site. You understand that none of the Content available through the Web Site constitutes a recommendation or solicitation to take or not take any particular action.

You affirm that you are either more than 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

2. LICENSE SITE USE AND ACCESS CONTENT.

(a) LICENSE SITE. Luvocracy grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express, prior written consent of Luvocracy. This license does not include any resale or commercial use of this site or its contents any collection and use of any product listings, descriptions, or prices any derivative use of the Web Site or its contents any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools.

(b) ACCESS CONTENT. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, prior written consent of Luvocracy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Luvocracy without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing any of Luvocracy’s names or trademarks without the express, prior written consent of Luvocracy. Any unauthorized use terminates the permission or license granted by Luvocracy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Luvocracy.com and to your User Content so long as the link does not portray Luvocracy, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Luvocracy logo or other proprietary graphic or trademark as part of the link without Luvocracy’s consent. You also agree not to do any of the following:

(i) Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;

(ii) Attempt to probe, scan, or test the vulnerability of any Luvocracy system or network or breach any security or authentication measures;

(iii) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Luvocracy or any of our providers or any other third party (including another user) to protect the Site, Application or Site Content;

(iv) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(v) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, or Site Content to send altered, deceptive or false source-identifying information;

(vi) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content.

(vii) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;

(viii) Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;

(ix) Impersonate or misrepresent your affiliation with any person or entity;

(x) Violate any applicable law or regulation; or

(xi) Encourage or enable any other individual to do any of the foregoing. Luvocracy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Luvocracy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Luvocracy has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Luvocracy reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Luvocracy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

3. USER ACCOUNT, PASSWORD AND SECURITY.

(a) USER ACCOUNT. For certain types of features available through the Web Site (for example, to add a recommendation), you will be required to create an account (“User Account”) at www.Luvocracy.com, and your use of the account shall at all times be governed by these Terms of Use and Luvocracy’s Web Site Privacy Policy. You are solely responsible for any and all use of your User Account and for maintaining the confidentiality of your password. You agree not to provide your account name and password to any other person or to use the User Account of another user of the Web Site at any time. You must exit from your User Account at the end of each session. You agree to notify us immediately if you suspect any unauthorized use of or access to your User Account. We reserve the right to accept or refuse your membership request in our discretion. You may not transfer or assign your Luvocracy membership. We reserve the right to deactivate your account at any time, without notice, to investigate potential fraud or misuse of the Web Site, or for conduct that we believe violates these Terms of Use and/or is harmful to other users of the Web Site, to Luvocracy, to the business of the Web Site’s Internet service provider, or to other information providers. We reserve the right to monitor your use of your account for website improvement purposes and Luvocracy performance tracking.

If you register with Luvocracy through your account with certain third party social networking services, including Facebook and Twitter (collectively, “SNS”), you will be asked to login to the Services using your SNS account credentials. Creating an Account for the first time via a SNS will prompt you to merge your Luvocracy and SNS accounts. By creating an Account via your account with an SNS, you are allowing Luvocracy to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members can automatically post recent activity back to the applicable SNS, and Members also have the option to disable the connection between their Luvocracy Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.

(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Luvocracy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luvocracy has the right to suspend or deactivate your User Account and refuse any and all current or future use of your User Account.

4. RISK OF LOSS.

Risk of loss and title for the products you purchase from third-party retailers through our Web Site pass to you upon our delivery of such products to the carrier.

5. LUVOCRACY SERVICES AND ORDER TOTAL.

(a) LUVOCRACY SERVICES (I.E. LUVOCRACY SHOPPING SERVICE). Our services include processing your order, purchasing products on your behalf, ensuring your products are shipped to you or the intended recipient, and returning products on your behalf (see “Returns,” below, for details). Luvocracy enables users to add products available for sale from anywhere on the Internet.

(b) Order total. You can purchase products from any retailer selling products that are not in violation of Paragraphs12(b) or 13(c). Products purchased, excluding products shipped internationally, white-glove delivery, furniture or perishables, will incur a shipping charge. The standard shipping charge that Luvocracy charges you is $5.99. However, where the actual shipping charges exceed $5.99, we may, at our discretion, notify you of the higher shipping charge to receive your approval before proceeding with the transaction. The prices listed in your Luvocracy shopping cart include (i) the cost of each product you are purchasing, (ii) the cost for shipping each product (iii) a 8% charge to cover or contribute to any applicable taxes, (iv) if available and requested, gift wrapping; and (v) the total of your order.

(c) LUVOCRACY WHITE GLOVE. Luvocracy believes customers deserve the option to receive their online purchases as quickly as possible. We offer same day delivery for some products, in select cities. For a list of these cities please visit our FAQ. We will make our best attempt to purchase your requested product(s), but in some cases, we may not be able to find the products requested. Once we confirm that the products you requested are available, we guarantee that your package will be delivered the same day, or the next day if your order is placed after 6pm in your designated time zone. If your order doesn’t arrive the next day, we will refund you the service fee. If there is a mistake with your order, we will take care of the return shipping and send you a replacement product (if the retailer’s inventory allows) with no additional charge for shipping either way. This does not apply to defective products.

(d) ATTEMPTED DELIVERY AND DELIVERY FAILURE. Shipping charges will not be refunded if any of the following conditions apply:

(i) delivery was attempted but could not be made

(ii) the shipment was detained or delayed by customs authorities or other law enforcement agency for law enforcement purposes

(iii) the shipment had to be forwarded to another address

(iv) any delays resulting from any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it or

(v) the shipment was delayed by any circumstances beyond the control of Luvocracy, the common carrier, and foreign postal administration, including, but not limited to: war (whether declared or not), civil war, riots and revolutions, acts of piracy, acts of sabotage, acts of terrorism natural disasters, such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning and explosions, fires, destruction of machines, of factories, and of any kind of installations acts of authorities or external strike affecting the common carrier’s, the Postal Service’s or foreign postal administration’s ability to handle the product or provide transmission data about the product.

6. RETURNS.

You can return the products you purchase (other than those designated as final sale products) by contacting us at orders@luvocracy.com within 30 days from the date the product was purchased. Luvocracy will email you a pre-paid addressed shipping label to use to return the product. If your return complies with the time requirements set forth in the vendor’s return policy, the shipping label will be addressed to the vendor. Otherwise, the shipping label will be addressed to Luvocracy and we will accept your return. Unfortunately we cannot facilitate returns for products that you purchased directly from retailers, third-party web sites, manufacturers or suppliers.

7. PRODUCT DESCRIPTIONS AND LIST PRICES.

(a) Luvocracy does not warrant that product descriptions or other content suggested by the retailer, third party web site, manufacturer or supplier and accessed through our Web Site are accurate, complete, reliable, current, or error-free. If a product you purchase through our Web Site itself is not as described, you may return the product in unused condition as provided above in Paragraph 6. Luvocracy does not warrant the availability of any product recommended on our Web Site.

(b) Except where noted otherwise, the List Price displayed for products available for purchase on the web site of the third-party retailer, manufacturer or supplier and accessed through our Web Site represents the full retail price listed on the product itself, suggested by such third-party retailer, manufacturer or supplier, or estimated in accordance with standard industry practice or the estimated retail value for a comparably featured product offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price at any particular time. With respect to products purchased by you through Luvocracy’s services, we cannot confirm the price of a product until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. If a product’s correct price is higher than the stated price on the retailer’s web site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If a product’s correct price is lower than the stated price on the retailer’s web site, we will charge your card the lower amount and send you an email notifying you of the lesser charge.

8. MEMBER-RETAILER RELATIONSHIP.

If you have any questions or concerns regarding the products that you have ordered through the Web Site, please contact Luvocracy at: support@luvocracy.com.

9. DISCLAIMERS.

(a) NO WARRANTIES INDEMNIFICATION. (i) As retailers, and not Luvocracy, offer the products for sale, we do not give any warranty or guarantee of any kind regarding the availability of any product, or that product descriptions or any other content of the Web Site is accurate, complete, reliable or error-free. Product guarantees will be provided to you by each individual retailer in respect of their products. We are not responsible for the products you ask us to purchase on your behalf from third-party retailers, manufacturers or suppliers using our Web Site. (ii) Luvocracy makes no representations or warrants the operations of the Web Site or its information, content and products contained within. You expressly agree that your use of the Web Site is at your sole risk. (iii) To the full extent permissible by applicable law, Luvocracy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Luvocracy does not warrant that the Web Site, its servers, or email sent from Luvocracy are free of viruses or other harmful components. Luvocracy will not be liable for any damages of any kind arising from the use of the Web Site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. (iv) YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LUVOCRACY PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND LUVOCRACY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. LUVOCRACY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LUVOCRACY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold Luvocracy and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Luvocracy, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms of Use (ii) your breach of your obligations under these Terms of Use (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right and/or (v) any claim that your User Content caused damage to a third party.

10. LIMITATION OF LIABILITY.

(a) LUVOCRACY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL LUVOCRACY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS LUVOCRACY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

(b) You are solely responsible for your interactions with other users of the Web Site and third parties including retailers. Luvocracy reserves the right, but has no obligation, to monitor, or take any action Luvocracy deems appropriate regarding, disputes between you and other users or third parties including retailers. To the extent permitted under applicable laws, you hereby release Luvocracy from any and all claims or liability related to: (a) any User Content posted on the Web Site or (b) the conduct, whether online or offline, of any third party or other user. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) 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.”

(c) The Web Site is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought, please retain the services of your own lawyer.

11. PRIVACY.

Personal data that you provide regarding yourself will be handled in accordance with Luvocracy’s Privacy Policy located at http://www.luvocracy.com/about/privacy and which is fully incorporated herein by reference.

12. THIRD PARTY CONTENT.

(a) Luvocracy and/or its users may provide hyperlinks to other web sites maintained by third parties, or Luvocracy may provide third-party content on the Web Site by framing or other methods. THE LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER LUVOCRACY’S CONTROL AND LUVOCRACY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Luvocracy. In most cases, Luvocracy is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, Luvocracy’s Content (ii) may not create a browser, border environment or frame Luvocracy’s Content (iii) may not imply that Luvocracy is endorsing it or its products (iv) may not misrepresent its relationship with Luvocracy (v) may not present false or misleading information about Luvocracy’s products or services and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

13. USER CONTENT.

(a) The Web Site does or may now permit the submission of various forms of content submitted by you and other users, such as documents, images, videos, text files, audio files, comments, blog entries, editorials and original publications (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. Luvocracy collectively does not guarantee any confidentiality with respect to any submissions of User Content to us. However, any User Content that you provide or make available to other users of the Web Site may be copied and used by those parties in accordance with these Terms of Use, and those parties will be permitted to continue to use such User Content already in his, her or its possession in accordance with these Terms of Use if you subsequently designate such User Content as “private” (or equivalent). Additionally, all User Content, no matter to what category designated, will be viewable by “admin” and “super admin” users to protect against the storage of offensive, indecent or objectionable materials and otherwise administer the Web Site. You also consent that all User Content that you post to the Web Site that is at any point designated as anything other than “private” (or equivalent), even if you delete such User Content, will at all times be available to Luvocracy for any purpose provided, however, that if you designate uploaded User Content as “private” (or equivalent) immediately after uploading it, such User Content shall be deemed to have initially be designated as “private” (or equivalent). By using the Web Site you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Web Site is not under Luvocracy’s control and Luvocracy is not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk.

(b) You shall be solely responsible for the User Content that you submit, for labeling any such User Content as original work that you have done yourself or as un-original work that you have obtained through a third party, whether through Luvocracy or other sources (but with permission for use on the Web Site in the manner described in these Terms of Use), and the consequences of posting or publishing it. You represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Luvocracy and those other users of the Web Site that you designate as permitted to use such User Content, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content you designate as anything other than “private” (or equivalent) to enable inclusion and use of the User Content as Luvocracy deems appropriate and (ii) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and use of the User Content in the manner contemplated by the Web Site and these Terms of Use. By submitting the User Content to Luvocracy, you hereby grant Luvocracy a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish and perform the User Content in connection with the Web Site and Luvocracy’s (and its agents, affiliate’s and successor’s) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Web Site a worldwide, non-exclusive, royalty-free, irrevocable and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish and prepare derivative works of, display and perform such User Content your User Content that is labeled as anything other than “private” (or equivalent) as permitted through the functionality of the Web Site and under these Terms of Use.

(c) You agree to not use the Web Site to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (ii) harm minors in any way (iii) impersonate any person or entity, including, but not limited to, an employee or an agent of Luvocracy (iv) falsely state or otherwise misrepresent your affiliation with any person or entity (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site (vi) upload, post, email, transmit or otherwise make available any User 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 an employment relationship or under a nondisclosure or confidentiality agreement) (vii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Luvocracy all of the license rights granted herein (viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation (ix) upload, post, email, 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 (x) interfere with or disrupt the Web Site or any of the servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site (xi) intentionally or unintentionally violate any applicable local, state, national or international law (xii) stalk or otherwise harass another or (xiii) collect or store personal data about other users.

(d) You acknowledge that Luvocracy does not pre-screen User Content, but that Luvocracy and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any User Content that is available on or through the Web Site. Without limiting the foregoing, Luvocracy and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or User Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or User Content created by Luvocracy or submitted to or appearing on the Web Site.

(e) You acknowledge and agree that Luvocracy may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process (ii) enforce these Terms of Use or other agreements (iii) respond to claims that any User Content violates the rights of any third parties or (iv) protect the rights, property or personal safety of Luvocracy, its users and/or the public; (v) prevent or stop activity we believe to be illegal, unethical or legally actionable; or (vi) detect, prevent, or otherwise address fraud, security or technical issues. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

(f) Luvocracy does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Luvocracy expressly disclaims any and all liability in connection with User Content. Luvocracy does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Luvocracy will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. Luvocracy reserves the right to remove Content and User Content without prior notice. Without limiting Luvocracy’s right to deactivate a User Account for any or no reason, Luvocracy will also cause the termination of a User Account if he or she is determined to be a repeat infringer. A repeat infringer is a user of the Web Site who has been notified of infringing activity more than twice and/or has had User Content removed from the Web Site more than twice. Luvocracy also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Luvocracy may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

(g) If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address (v) the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law” and (vi) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Please also sign the submission that you make to the Copyright Agent. Luvocracy’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 548 Market Street, #36649, San Francisco, CA 94104 email: copyright@luvocracy.com

(h) Subject to your compliance with the terms and conditions of these Terms, Luvocracy grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Luvocracy Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Luvocracy grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Luvocracy or its licensors, except for the licenses and rights expressly granted in these Terms.

14. COPYRIGHT AND TRADEMARKS.

The trademarks, service marks and logos used and displayed on the Web Site are Luvocracy’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Luvocracy is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of Luvocracy that may be referred to on the Web Site are the property of Luvocracy. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Luvocracy’s trademarks or service marks without Luvocracy’s prior written permission. Luvocracy enforces its intellectual property rights. Neither the name of Luvocracy nor any of Luvocracy’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without Luvocracy’s prior written permission, except that a third-party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 12(b) above may use the name “Luvocracy” in or as part of that link. If you believe that any Content or User Content on the Web Site violates any intellectual property right of yours other than a copyright right (which is covered by Paragraph 13 above), please contact Luvocracy at the address, email address or telephone number set forth at the bottom of these Terms of Use.

15. LOCAL LAWS.

Luvocracy makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Luvocracy is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site shall be deemed solely based in the State of Delaware, and the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over Luvocracy, either specific or general, in jurisdictions other than the State of Delaware. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

The Web Site may be accessed from countries other than the United States of America. The Web Site may contain products or references to products that are not available outside of the United States of America. Any such references do not imply that such products will be made available outside the United States of America. We are not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. If you access and use the Web Site outside the United States, you are responsible for complying with your local laws and regulations.

16. AVAILABILITY.

Information that Luvocracy publishes in the Web Site may contain references or cross-references to products, programs or services of Luvocracy that are not necessarily announced or available in your area. Such references do not mean that Luvocracy will announce any of those products, programs or services in your area at any time in the future. You should contact Luvocracy for information regarding the products, programs and services that may be available to you, if any.

17. TERMINATION OF SERVICE.

We may deactivate your account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms of Use and/or is harmful to other users of the Web Site, to Luvocracy, to the business of the Web Site’s Internet service provider, or to other information providers. You agree that Luvocracy will not be liable to you or any third party for any termination of your account or right to access to the Web Site.

18. ELECTRONIC COMMUNICATIONS.

When you visit the Web Site, use our service, or send e-mails to us, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. CUSTOMER FEEDBACK.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at feedback@luvocracy.com.

20. MISCELLANEOUS.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Luvocracy’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Your Consent To These Terms of Use

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms of Use. These Terms of Use, together with Luvocracy’s Web Site Privacy Policy and any other legal notices published by Luvocracy on the Web Site, shall constitute the entire agreement between you and Luvocracy concerning the Web Site. If we decide to change these Terms of Use, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email support@luvocracy.com or by sending your comments to:

Luvocracy Inc.
548 Market St, #36649
San Francisco, CA 94104
(888) 237-0213
Copyright © 2013. Luvocracy All Rights Reserved.
EFFECTIVE AS OF: MARCH 15, 2012
LAST UPDATED: MARCH 29, 2013