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LOVE ALERTS Terms of Service
1. General.
1.1
This Agreement governs your use of the LOVE ALERTS online
information service (the "Service"), including interactive
chat and discussion areas (the "Interactive Areas"), which is
operated by LOVE ALERTS. In addition to the agreement set forth
below, terms and conditions of use applicable to specific
areas of the Service may also be posted in such areas and,
together with this agreement, govern your use of those areas.
This agreement together with any such additional terms and
conditions, are referred to as this "Agreement."
1.2
LOVE ALERTS reserves
the right, in its discretion, to change or modify all or any
part of this Agreement at any time, effective immediately upon
notice published on the Service. Your continued use of the
Service constitutes your binding acceptance of these terms and
conditions, including any changes or modifications made by
LOVE ALERTS as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you,
you should immediately cease all use of the Service and the
Interactive Areas.
2. Use of Content.
2.1
You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, and
other material (collectively, the "Content") that are
protected by copyright, trademark or other proprietary rights
of LOVE ALERTS or third parties. All Content on the Service is
copyrighted as a collective work of LOVE ALERTS pursuant to
applicable copyright law. You agree to comply with any
additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the
Service. Users of the Service may use the Content only for
their personal, noncommercial use.
2.2
You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or
in part, except as otherwise expressly permitted in this
Agreement. Content consisting of downloadable software may not
be reverse engineered unless specifically authorized by the
owner of the software's patent and/or copyright. You may post
on the Service any Content owned by you (such as your original
statements, video etc.), Content for which you have received
express permission from the owner and Content in the public
domain. You assume all risk and responsibility for determining
whether any Content is in the public domain. You grant to
LOVE ALERTS the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose
any Content that you place on the Service. You represent and
warrant that you are authorized to grant all rights given in
the preceding sentence.
2.3
You may download or copy the Content only for your own
personal use, provided that you maintain all copyright and
other notices contained in such Content, however, you may not
download any images provided by Reuters which are made
available on the Service. You shall not store electronically
any significant portion of any Content and no Content provided
to the Service by Reuters may be stored on your computer for
more than 7 days. Except as expressly permitted by the
copyright laws, no copying, storage, redistribution or
publication of any Content is permitted without the express
permission of LOVE ALERTS or the owners of such Content or their
authorized persons, if other than LOVE ALERTS. You may download
from the Service any Content in the public domain for your own
personal use or for non-commercial redistribution.
3. Rules of Conduct.
You shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the rights
of others, such as Content which infringes any copyright,
trademark, patent, trade secret or violates any right of
privacy or publicity, or (d) otherwise violates any applicable
law. You may not post on the Service any links to any External
Sites (defined in section 5.2) that are obscene or
pornographic. You shall not use the Service for any commercial
purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join or use
competitive online services.
4. Managing Content.
LOVE ALERTS does not and cannot review the Content posted by users
on the Service and is not responsible for such Content.
However, LOVE ALERTS reserves the right to delete, move or edit
any Content (including Content posted in any Interactive Area)
that comes to the attention of LOVE ALERTS which it determines, in
its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all
Content posted by you. LOVE ALERTS shall have the right, but not
the obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion.
5. No Endorsement.
5.1
LOVE ALERTS does not represent or endorse the accuracy or
reliability of any Content posted on any Interactive Area and
you acknowledge that any reliance upon such Content shall be
at your sole risk. Any Content placed on any Interactive Area
by users are the views of the user posting the statement, and
do not necessarily represent the views of LOVE ALERTS.
5.2
The Service may contain links to sites on the Internet which
are owned and operated by third parties (the "External
Sites"). You acknowledge that LOVE ALERTS is not responsible for
the availability of, or the content located on or through, any
External Site. You should contact the site administrator or
Webmaster
for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold LOVE ALERTS, its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"LOVE ALERTS Parties") harmless from and against any and all
liability, losses, costs and expenses (including attorneys'
fees) incurred by any LOVE ALERTS Party in connection with any
claim arising out of any use or alleged use of your password
or online persona by any person, whether or not authorized by
you. LOVE ALERTS reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree
to cooperate with Tact’s defense of such claim.
7. Termination of Service.
LOVE ALERTS reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part
of the Service at any time for any reason without prior notice
or liability. LOVE ALERTS may change, suspend or discontinue all
or any aspect of the Service at any time, including the
availability of any feature, database, or content (including
the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1
NEITHER LOVE ALERTS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES LOVE ALERTS, ANY THIRD PARTY
CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR
THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
"AS IS, AS AVAILABLE" BASIS. NONE OF LOVE ALERTS, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKES ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR
SERVICES SOLD THROUGH THE SERVICE. NEITHER LOVE ALERTS NOR ANY
THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES THAT MAY
BE DOWNOADED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR
OTHER CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT
IS ASSUMED SOLELY BY YOU.
8.2
NEITHER LOVE ALERTS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3
SOME COUNTIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH COUNTIES, THE LIABILITY OF LOVE ALERTS, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous.
This Agreement shall be construed in accordance with the laws
of the County of
GREAT BRITAIN,
and the parties irrevocably consent to bring any action to
enforce this Agreement in the federal or county courts located
in
ENGLAND,
GREAT BRITAIN.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the
parties with respect to such subject matter. If any
inconsistency exists between the terms of this agreement and
any additional terms and conditions posted n the Service, such
terms shall be interpreted as to eliminate any inconsistency,
if possible, and otherwise, the additional terms and
conditions shall control. This Agreement may not be amended
except in writing signed by both parties and no waiver by
either party shall be deemed a waiver of any preceding or
subsequent breach or default. Sections 1, 2, 6, 8 and 9 shall
survive any termination of this Agreement and any other
provisions which by their terms or sense are intended to
survive.
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