Love
Heist
TERMS AND CONDITIONS OF SERVICE
Welcome to Love Heist website, and any other mobile or web services or
applications owned, controlled,
or offered by Love Heist now or in the future (collectively, the “Love Heist
Services”). For
clarity, any reference herein to “Love Heist Services” includes the
“Love Heist
Software.” Users who access, download, use, purchase and/or subscribe to the
Love Heist Services
(collectively or individually “You” or “Your” or
“User” or
“Users”) must do so under the following Terms and Conditions of Service
(this
“Agreement”).
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
Love Heist. BEFORE
USING ANY Love Heist SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING,
USING, PURCHASING
AND/OR SUBSCRIBING TO THE Love Heist SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT,
THEN PLEASE CEASE
USING THE Love Heist SERVICES IMMEDIATELY.
IF YOU ARE A RESIDENT OF ANY OTHER COUNTRY EXPECT INDIA THOUGH THE
TERMS WILL FOLLOW OUTSIDE INDIA, THEN PLEASE CEASE
USING THE Love Heist SERVICES IMMEDIATELY. WE WILL LET YOU KNOW WHEN ITS LAUNCHED IN
OUTSIDE INDIA.
We
recommend that you save a copy of this Agreement for your records. You may receive a
copy of this
Agreement by emailing Us at: contact@loveheist.co.in, Subject:
Terms of Service Agreement.
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AGE
RESTRICTIONS AND SAFETY.
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NO USE BY
UNDERAGE PERSONS. NO
USERS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR TWENTY-ONE (21) YEARS IN PLACES
WHERE EIGHTEEN
(18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS
OR OTHERWISE USE
THE SERVICES.
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YOU MUST BE
A
LEGAL ADULT. YOU
HEREBY REPRESENT AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE
OR OVER (OR
TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF
MAJORITY) AND YOU
ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET
FORTH IN THIS
AGREEMENT.
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SAFETY.
Love Heist IS NOT RESPONSIBLE FOR YOUR USE OF THE Love Heist
SERVICES OR FOR THE
ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE
CONTACT. Love
Heist
DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF ITS USERS. Love
Heist DOES NOT VERIFY
THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH,
PHYSICAL
CONDITION, OR OTHERWISE. Love
Heist
ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN
LOCATIONS WHICH MAY
ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR
OWN INFORMED
DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL
ADVERSE
CONSEQUENCES.
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WARNING: IMPORTANT DISCLAIMER ABOUT
LOCATION DATA.
THE
Love Heist SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR
INDIVIDUAL USE AND
SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE
DRIVING OR OPERATING
VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE,
OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION
OR THE Love Heist
SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
PROPERTY DAMAGE.
Love Heist IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET
TRACKING, OR ANY OTHER TYPE
OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED
SPECIFICALLY FOR
THESE PURPOSES.
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INTERNATIONAL
USERS.
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Special
Terms. If You are a resident/CITIZEN of
certain countries,
including those in INDIA, You may have additional rights
or certain parts of this Agreement may not apply to You if required by
the law of Your
jurisdiction.
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YOUR
ACCOUNT REGISTRATION; YOUR ACCOUNT USE.
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Your Account
Registration. If
You create an account on any of the Love Heist Services (a “User
Account”) and submit
information to Us, You must ensure that such information is accurate. You must
promptly update
such information if it changes.
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Accounts are
for Your Use Only. You
may not use anyone else’s account at any time. You may not buy, sell,
rent, or lease
access to Your User Account or Your username without Our written permission. You
will not share
or otherwise transfer Your User Account or credentials.
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Security of
Your Account. You
are entirely responsible for maintaining the confidentiality of Your password
and account. You
are entirely responsible for any and all activities that occur under Your
account. You agree to
notify Love Heist immediately of any unauthorized use of Your account or any
other breach of
security. We will not be liable for any loss, damages, liability, expenses or
attorneys’
fees that You may incur as a result of someone else using Your password or
account, either with
or without Your knowledge.
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We Have No
Obligation to Retain a Record of Your Account. Love
Heist
has no obligation to retain a record of Your account or any data or information
that You may
have stored for Your convenience by means of Your account or the Love Heist
Services. The Love Heist
Services are not intended for data storage. You are solely responsible for
backing up your data
(e.g., separately saving the contact information of individuals you meet through
the Love Heist
Services).
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PRIVACY POLICY. Our
collection, use, and sharing of personal and other information about You is
subject to
Our Privacy
Policy.
You
consent to the collection, retention, use, and sharing of this information as
set forth in Our
Privacy Policy.
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SERVICE MODIFICATIONS. We
reserve the right, at Our discretion, to modify, add, or discontinue the Love
Heist Services or any
portion thereof, at any time, for any reason, and without liability to You
except as provided in
this Section 6. However, We reserve the right to make such modifications,
additions, or
discontinuances without such notice if needed to comply with law, protect or
enforce legal
rights, or otherwise to address or prevent an emergency. If We make material
changes to the
Premium Services that: (a) reduce the functionality available to You on such
Premium Service and
(b) are mandatory (i.e., do not require You to update the Love Heist Software to
become effective);
You may terminate Your account accordingly within ten (10) days of such
modifications (as
provided in Section 11.2) and receive a pro-rata refund for any amounts
pre-paid, but unused for
such Premium Services. We reserve the right at any time to charge fees for
access to all or
portions of the Love Heist Services and change any such pricing at any time
provided that any
changes will not affect the fees for any Premium Services that You have already
paid for.
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OUR OWNERSHIP; OUR PROPRIETARY
RIGHTS. The
Love Heist Services are owned and operated by Love Heist. The Love Heist
Services, content, visual
interfaces, information, graphics, design, compilation, computer code, products,
software,
services, including the mobile device applications, and all other elements of
the Love Heist
Services (collectively, the “Materials”) are protected by out
copyright,
trade dress, patent, and trademark laws, international laws and conventions, and
all other
relevant intellectual property and proprietary rights, and applicable laws. All
Materials
contained in the Love Heist Services are the property of Love Heist or its
subsidiaries or affiliated
companies and/or third-party licensors. All trademarks, service marks, and trade
names displayed
on the Love Heist Services are proprietary to Love Heist or its affiliates
and/or third-party licensors.
Except as expressly authorized by Love Heist under this Agreement, You agree not
to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create
derivative works from, or otherwise use the Materials.
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You
will NOT use the Love Heist Services or any information displayed within the
Love Heist Services to
“stalk,” harass, abuse, defame, threaten or defraud other Users;
violate the privacy
or other rights of Users; or collect, attempt to collect, store, or disclose
without permission
the location or personal information about other Users;
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You
will NOT include offensive or pornographic materials, or materials that are
harmful in Your
Love Heist Services personal profile page;
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You
will NOT use the Love Heist Services for any commercial or non-private use, such
as the sale or
advertisement of goods or services, and You will use the Love Heist Services for
personal,
non-commercial use only in the manner and for the purposes that We
intend;
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You
will NOT use the Love Heist Services for the commission or encouragement of any
illegal purpose, or
in violation of any local, state, national, or international law, including laws
governing
criminal acts, prohibited or controlled substances, intellectual property and
other proprietary
rights, data protection and privacy, and import or export control;
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You
will NOT include material on Your personal profile page which contains video,
audio,
photographs, or images of any person under the age of eighteen (18) at all or
any person over
the age of eighteen (18) without his or her express permission;
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You
will NOT make unsolicited offers, advertisements, proposals, or send junk mail
to other Users of
the Love Heist Services. This includes unsolicited advertising, promotional
materials or other
solicitation material, bulk mailing of commercial advertising, chain mail,
informational
announcements, charity requests, and petitions for signatures, surveying or
requests to
participate in surveys or studies;
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You
will NOT impersonate any person or entity, falsely claim an affiliation with any
person or
entity, or access the Love Heist User Accounts of other Users;
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You
will NOT misrepresent the source, identity or content of information transmitted
via the Love Heist
Services;
-
You
will NOT display the Love Heist application or profile data on any external
display or monitor or in
any public setting;
-
You
will NOT remove, circumvent, disable, damage or otherwise interfere with
security-related
features of the Love Heist Services, features that prevent or restrict use or
copying of any content
accessible through the Love Heist Services, or features that enforce limitations
on use of the
Love Heist Services;
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You
will NOT intentionally interfere with or damage operation of the Love Heist
Services or any
User’s enjoyment of them, by any means, including uploading or otherwise
disseminating
viruses, worms, or other malicious code;
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You
will NOT post, store, send, transmit, or disseminate any information or material
which a
reasonable person could deem to be objectionable, defamatory, libelous,
offensive, obscene,
indecent, pornographic, harassing, threatening, embarrassing, distressing,
vulgar, hateful,
racially or ethnically or otherwise offensive to any group or individual,
intentionally
misleading, false, or otherwise inappropriate, regardless of whether this
material or its
dissemination is unlawful;
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You
will NOT post, store, send, transmit, or disseminate any information or material
which infringes
any patents, trademarks, trade secrets, copyrights, or any other rights of any
person;
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You
will NOT use the Love Heist Services with any products, systems, or applications
installed or
otherwise connected to or in communication with vehicles, or otherwise capable
of vehicle
navigation, positioning, dispatch, real time route guidance, fleet management,
or similar
applications;
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You
will NOT use the Love Heist Services in connection with hazardous environments
requiring fail-safe
performance or any application in which the failure or inaccuracy of that
application or the
Love Heist Services could lead to death, personal injury, or physical or
property damage;
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You
will NOT attempt to gain unauthorized access to the Love Heist Services, or any
part of it, other
accounts, computer systems or networks connected to the Love Heist Services, or
any part of it,
through hacking, password mining or any other means, or interfere or attempt to
interfere with
the proper working of the Love Heist Services or any activities conducted on the
Love Heist
Service;
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You
will NOT probe, scan, or test the vulnerability of the Love Heist Services or
any system or network;
use any robot, spider, scraper or other automated means to access the Love Heist
Services for any
purpose without Our express written permission; bypass Our robot exclusion
headers or other
measures that We may use to prevent or restrict access to the Love Heist
Services; modify the Love Heist
Services in any manner or form; use or develop any application or other product
that interacts
with the Love Heist Services or provides access to other Users’ content or
information without
Our written permission; or use modified versions of the Love Heist Services,
including for the
purpose of obtaining unauthorized access to the Love Heist Services; and
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You
will NOT interfere with anyone’s ability to use or enjoy the Love Heist
Service, or aid or
encourage any activity prohibited by this Agreement.
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If
you come across any of the above, you may report by clicking the Report & Block Option on Profile
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PREMIUM
SERVICES; PURCHASES.
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Premium
Services. Certain
Services, such as Love Heist Love Heist Unlimited, may be available only
through
creation of a User Account and payment of a fee (“Premium
Services”).
Through such accounts, You will have access to such Premium Services for
a fixed term,
which will automatically renew. The term, renewal period, and the total
cost of each
Premium Services offering will be provided within the Love Heist
Services or otherwise where
the Premium Services are offered.
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PREMIUM
SERVICES AUTOMATICALLY RENEW. PREMIUM
SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR
SUBSCRIPTION PERIOD, AND
YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS
APPLICABLE
TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU
ACKNOWLEDGE AND AGREE
THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR
WE SUSPEND OR
TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT.
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CANCELLATION
POLICY. YOU
MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF
THIS AGREEMENT. IN
ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE Love
Heist SERVICES. THERE
ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES
MAY BE OBTAINED
BY EMAIL REQUEST TO contact@loveheist.co.in.
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Trial
Premiums. Access
to Love Heist Premium Services may from time to time be made available
on a time-limited
free trial basis (a “Trial” or “Trial
Premiums”). Please note
that this Agreement also applies to any Trial. You may be asked to
provide Your credit
or debit card information when registering for a Trial. In such event,
Your credit or
debit card will only be charged if You do not cancel Your Trial before
the end of the
Trial period. If We ask for Your credit or debit card information and
You do not
affirmatively cancel before the end of the Trial, then Your Trial may be
converted into
a paid subscription and Your credit or debit card may be charged the
subscription fee in
effect at the time Your Trial first began. Trial Premiums are not
available to former
Users of Premium Services or Users who have previously received a free
trial and
cancelled it prior to paying for Premium Services.
-
Purchases.
We
reserve the right to correct errors (whether by changing information on
the Love Heist
Services or by informing You of the error and giving You an opportunity
to cancel Your
order) or to update information at any time without notice. We may grant
or deny
cancellation requests for individual orders in Our sole and absolute
discretion. All
sales are final.
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Promo
Codes. Love
Heist
may, from time to time in its sole discretion, offer certain promotional
codes for
discounts. Promotional codes are non-transferable and are not redeemable
for cash,
credit, or toward previous purchases. There is no cash alternative.
Furthermore,
promotional codes cannot be used in conjunction with any other offer or
promotional
discount, and must be redeemed by the date published, if provided. Lost
promotional
codes cannot be replaced. Limit one promotional code per customer.
Promotional codes are
void where prohibited. Any promotional program may be terminated or
modified by Love Heist
at any time in Our sole discretion.
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Payments
Are
Non-Refundable.
-
Taxes. Unless
specified otherwise at the time of purchase, all payments to Love Heist
are exclusive of all
taxes, levies, or duties imposed by taxing authorities, and You are
responsible for
payment of all such taxes, levies, or duties.
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Microtransactions. From
time to time, You may be able to purchase a limited, personal,
non-transferable,
non-sublicensable, revocable license to certain add-on features for use
solely in the
Love Heist Services (collectively, “Microtransactions”).
Love Heist reserves the
right to charge fees, in its sole discretion, for the right to access or
use add-on
features and/or may distribute add-on features with or without charge.
Love Heist may
manage, regulate, control, modify or eliminate Microtransactions and/or
add-on features
at any time. Any add-on feature balance shown in Your User Account does
not constitute a
real-world balance or reflect any stored value but instead constitutes a
measurement of
the extent of Your license. Add-on features do not incur fees for
non-use; however, the
license granted to You from Microtransactions will terminate in
accordance with the
terms of this Agreement when We cease providing the Love Heist Services
or Your User Account
is otherwise closed or terminated. Love Heist shall have no liability to
You or any third
party in the event that Love Heist exercises any such rights. The
provision of add-on
features for use in the Love Heist Services is a service that commences
immediately upon the
acceptance of such Microtransactions. ALL MICROTRANSACTIONS MADE THROUGH
THE Love Heist
SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT Love Heist
IS NOT REQUIRED TO
PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR
OTHER
COMPENSATION FOR UNUSED ADD-ON FEATURES WHEN AN ACCOUNT IS CLOSED,
WHETHER SUCH CLOSURE
WAS VOLUNTARY OR INVOLUNTARY.
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YOUR
USAGE.
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You
acknowledge that some of the Love Heist Services may only be accessed by
downloading the
Love Heist Software to a mobile device. You will not have the
opportunity to view Your User
Content (including chat) unless You have downloaded the Love Heist
Software and registered
an account.
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Love
Heist
RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S
USE OF THE Love Heist
SERVICES, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS
A USER’S
USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER
USERS. ACCORDINGLY,
Love Heist ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE
OF OR ACCESS TO THE
Love Heist SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF
OTHER USERS OR (B)
TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY
NOTICE OR OUR BEING
LIABLE TO YOU. REFUNDS WILL ONLY BE GIVEN WHERE EXPRESSLY PROVIDED IN
THIS
AGREEMENT.
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You
alone are responsible for Your involvement with other Users and for all
content and
material that You provide to the Love Heist Services. You agree that
Love Heist will not be
responsible for any loss or damage incurred as the result of any such
interactions.
Love Heist reserves the right, but has no obligation, to monitor
disagreements between You
and other Users.
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Love
Heist
does not control the content of User Accounts and profiles. Love Heist
has the right, but
does not have any obligation, to monitor such content for any purpose.
You acknowledge
that You are solely responsible for all content and material that You
provide to the
Love Heist Services.
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OUR
REFUSAL OR SUSPENSION OF YOUR SERVICE.
-
You
may terminate Your Account at any time for any reason, by following the
instructions
given in the Love Heist Services. Upon the cancellation of Your account,
this Agreement will
immediately terminate, except as provided in Section 25.4 below.
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If
You have a User Account set up for recurring billing for a Premium
Service, You may
cancel Your User Account at any time. You will continue to have the same
access for any
billing period or periods for which You have paid.
-
Love
Heist
may suspend or terminate any User Account You have with the Love Heist
Services or Your
access to or use of the Love Heist Services or any portion thereof, if
Love Heist believes that
Your profile content or Your conduct within the Love Heist Services
violates Our Terms of
Service or you have otherwise breached this Agreement, or for any other
reason, in its
sole discretion, subject to Sections 11.4 and 11.5 below. Love Heist may
also remove and
discard all or any part of Your User Account or any User Content (as
defined below), at
any time. You agree that any termination of Your access to the Love
Heist Services or any
User Account You may have or portion thereof may be effected without
prior notice
(except as provided in Section 11.4 below), and You agree that Love
Heist will not be liable
to You or any third party for any such termination and refunds will only
be given where
expressly provided in this Agreement (including Section 11.5 below). For
example, We may
deactivate Your User Account due to prolonged inactivity. Without
limitation of our
other rights, We reserve the right to delete all Your User Content from
the Love Heist
Services upon any termination or cancellation of Your User Account. Any
suspected
fraudulent, abusive or illegal activity that may be grounds for
termination of Your use
of the Love Heist Services may be referred to appropriate law
enforcement authorities. These
remedies are in addition to any other remedies Love Heist may have at
law or in
equity.
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If
you have paid for a Premium Service, Love Heist will give you at least
30 days’ notice
of termination of Your access to the Love Heist Services or any User
Account unless Your
profile content or Your conduct within the Love Heist Services violates
Our Terms of Service
or You have otherwise breached this Agreement, in which case Love Heist
may suspend or
terminate Your access to the Love Heist Services or any User Account
immediately.
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If
You have paid for a Premium Service and Love Heist terminates Your
access to the Love Heist
Services or any user Account, Love Heist will give a pro-rata refund for
any amounts
pre-paid, but unused for such Premium Services; provided that if Love
Heist terminates Your
access to the Love Heist Services or any User Account because You have
violated Our Terms of
Service, Love Heist will be entitled to retain the amounts that You paid
for the Love Heist
Services. But where required by law (such as in the UK), Love Heist will
only retain an
amount to cover all costs and other losses it incurs as a result of the
violation or
breach, which may still mean that no refund is payable.
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You
acknowledge and agree that Google, Apple, or another third-party
platform provider (as
applicable, based on the device and operating system You use) may be the
merchant of
record for transactions involving the Love Heist Services. As such, you
may need to request
any refund to which You are entitled under this Agreement through the
App Store, Google
Play, or other third-party platform (as applicable).
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If
You believe that Love Heist has suspended or terminated Your User
Account in error, You may
contact Us at contact@loveheist.co.in at
any
time.
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USER
CONTENT.
-
The
Love Heist Services allow the submission of content and materials (such
as pictures, ideas,
notes, concepts, or creative suggestions) by You and other Users to Love
Heist and other
Users (“User Content”), and the hosting, sharing and/or
publishing of such
User Content with Love Heist and other Users.
-
You
are solely responsible for Your own User Content and the consequences of
posting or
publishing them. In connection with User Content, You represent and
warrant that: (i)
You own, or have the necessary licenses, rights, consents, and
permissions to use, and
authorize Love Heist to use, all intellectual property and any other
proprietary rights in
and to any and all User Content to enable inclusion and use of the User
Content in the
manner contemplated by the Love Heist Services and this Agreement; and
(ii) You have the
written consent, release, and/or permission of each and every
identifiable individual
person in the User Content to use the name or likeness of each and every
such
identifiable individual person to enable inclusion and use of the User
Content in the
manner contemplated by the Love Heist Services and this Agreement. For
clarity, You shall
retain all of Your ownership rights in Your User Content.
-
You
understand that when using the Love Heist Services, You will be exposed
to User Content from
a variety of sources, and that Love Heist is not responsible for the
accuracy, usefulness,
safety, or intellectual property rights of or relating to such User
Content. You further
understand and acknowledge that You may be exposed to User Content that
is inaccurate,
offensive, indecent or objectionable.
-
Love
Heist
assumes no responsibility whatsoever in connection with or arising from
User Content.
Love Heist assumes no responsibility for actively monitoring User
Content for inappropriate
content. If at any time Love Heist chooses, in its sole discretion, to
monitor User Content,
Love Heist nonetheless assumes no responsibility for the content of the
User Content, no
obligation to modify or remove any inappropriate User Content, and no
responsibility for
the conduct of the User submitting User Content. Further, Love Heist
does not endorse and
has no control over the content of User Content submitted by other
Users. Love Heist makes
no warranties, express or implied, as to the content of User Content or
the accuracy and
reliability of any User Content. Nonetheless, Love Heist reserves the
right to prevent You
from submitting User Content and to edit, restrict or remove User
Content for any reason
at any time.
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User
Content is owned by the User who submitted it, subject to Love
Heist’s license to such
User Content under this Agreement. You may not share, display or
duplicate the User
Content of any other party, except as permitted under this
Agreement.
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You
hereby grant, and You represent and warrant that You have the right to
grant, to Love Heist
an irrevocable, nonexclusive, royalty-free and fully paid worldwide
license to
reproduce, distribute, publicly display and perform, prepare derivative
works of,
incorporate into other works, and otherwise use and exploit Your User
Content, (through
unlimited tiers of sublicenses), solely for the purposes of including
Your User Content
in the Love Heist Services and as otherwise permitted by this Agreement.
You 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
Love Heist, in
connection with a sale of Love Heist or the assets of Love Heist, the
right to sell or transfer
the User Content to a third party. Please see Our Privacy Policy for
additional information about the use, collection, or sharing of Your
information,
including User Content.
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If
You provide Love Heist with any feedback or suggestions regarding the
Love Heist Services
(“Feedback”), You hereby grant Love Heist the perpetual,
irrevocable, worldwide
license (with the right to sublicense) to use such Feedback and related
information in
any manner it deems appropriate. Love Heist will treat any Feedback You
provide to Love Heist as
non-confidential and non-proprietary to You. Love Heist will have no
obligation under any
circumstances to compensate You for any Feedback. You agree that You
will not submit to
Love Heist any information or ideas that You consider to be confidential
or proprietary, or
for which You expect to be compensated.
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THIRD-PARTY
SITES, PRODUCTS AND SERVICES; LINKS.
-
The
Love Heist Services may include links to other web sites or services,
whether through
advertising or otherwise, (“Third-Party Websites”) solely as
a convenience
to Users. Love Heist does not endorse any such linked sites or the
information, material,
products or services contained on other linked sites or accessible
through other linked
sites. Furthermore, Love Heist makes no express or implied warranties
with regard to the
information, material, products or services that are contained on or
accessible through
linked sites. Access and use of linked sites, including information,
material, products
and services on linked sites or available through linked sites is solely
at Your own
risk. We do not control these Third-Party Websites and this Agreement
does not apply to
companies that Love Heist does not own or control, or to the actions of
people that Love Heist
does not employ or manage. You should always check the terms of use
posted on
Third-Party Websites.
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Your
correspondence or business dealings with, or participation in promotions
of, advertisers
found on or through the Love Heist Services are solely between You and
such advertiser. You
agree that Love Heist will not be responsible or liable for any loss or
damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such
advertisers on the Love Heist Services.
-
Parties
other than Love Heist may provide services or sell products via the Love
Heist Services. We are
not responsible for examining or evaluating, and We do not warrant the
offerings of, any
of these businesses or the content of their product and service
offerings. Love Heist does
not assume any responsibility or liability for the actions, product, and
content of all
these and any other third parties. You should carefully review the third
parties’
privacy statements and other terms and conditions of use.
-
By
Your use of third-party applications that connect with the Love Heist
Services
(“Third-Party Applications”), You acknowledge and agree that
Love Heist may
transmit User Content to Third-Party Websites or Third-Party
Applications through
application protocol interfaces developed and maintained by those
Third-Party Websites
or Third-Party Applications. Love Heist is not responsible for the
transmission of the User
Content from the Love Heist Services to Third-Party Websites or
Third-Party Applications,
nor the use of the User Content on any Third-Party Websites or
Third-Party Applications.
You should review the terms of service and privacy policies of any
Third-Party Websites
or Third-Party Applications. Love Heist is not responsible for and does
not endorse any
features, content, or other materials on or available from Third-Party
Sites or
Third-Party Applications. Love Heist also does not screen, audit, or
endorse Third-Party
Sites or Third-Party Applications. Accordingly, if You decide to access
Third-Party
Sites or Third-Party Applications, You do so at Your own risk and agree
that Your use of
any Third-Party Sites or Third-Party Applications is on an
“as-is” basis
without any warranty as to the Third-Party Sites or Third-Party
Applications’
actions, and that this Agreement does not apply to Your use of any
Third-Party Sites or
Third-Party Applications.
-
You
acknowledge and agree that Love Heist may incorporate Your User Content
and location
information for User Accounts from the Love Heist Services with
third-party information
sources and third-party applications in the provisioning of the Love
Heist Services.
-
To
the extent that any of Your User Content contains Your personal data (as
defined in the
Privacy Policy), any transfer of such Personal Data will be subject to
the Privacy
Policy.
-
ADVERTISING. Love
Heist
and its licensees may publicly display advertisements and other information
adjacent to Your
Content. You are not entitled to any compensation for such advertisements. The
manner, mode and
extent of such advertising are subject to change without specific notice or Our
being liable to
You.
-
END
USER LICENSES.
-
Mobile
Device. To
use the Love Heist Software You must have a mobile device that is
compatible with the Love Heist
Services. Love Heist does not warrant that the Love Heist Services will
be compatible with Your
mobile device. You are responsible for any mobile charges that You may
incur for using
the Love Heist Services, including text-messaging, roaming charges, and
data charges. If You
are unsure about the charges that will apply, please contact Your mobile
service
provider before using the Love Heist Services.
-
License
Grant. Subject
to Your compliance with the terms of this Agreement, Love Heist hereby
grants You a
non-exclusive, non-transferable, revocable license to (i) use a compiled
code copy of
the Love Heist Software for Your Account on a mobile device owned or
leased solely by You,
for Your personal, noncommercial use and (ii) use the Love Heist
Services (other than the
Love Heist Software) for Your personal, noncommercial use for the use
intended by Love Heist, as
publicly communicated by Love Heist from time to time.
-
Restrictions.
You
may NOT: (i) modify, disassemble, decompile or reverse engineer the Love
Heist Services or
any technology made available in connection with the Love Heist
Services, except to the
extent that such restriction is expressly prohibited by law without
possibility of
contractual waiver; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise
transfer the Love Heist Services to any third party or use the Love
Heist Services to provide
time sharing or similar services for any third party; (iii) make any
copies of the
Love Heist Services; (iv) remove, circumvent, disable, damage or
otherwise interfere with
security-related features of the Love Heist Services, features that
prevent or restrict use
or copying of any content accessible through the Love Heist Services, or
features that
enforce limitations on use of the Love Heist Services; or (v) create
extensions of, products
related to, or that interoperate with, the Love Heist Services, except
to the extent that
such restriction is expressly prohibited by law without possibility of
contractual
waiver; or (vi) delete the copyright and other proprietary rights
notices on the Love Heist
Services.
-
Upgrades.
You
acknowledge that Love Heist may from time to time issue upgraded
versions of the Love Heist
Services, and may automatically electronically upgrade the version of
the Love Heist
Services that You are using on Your mobile device or otherwise. You
consent to such
automatic upgrading on Your mobile device, and agree that the terms and
conditions of
this Agreement will apply to all such upgrades. You agree that Love
Heist will not be liable
to You for any such upgrades.
-
Open
Source. To
the extent that the Love Heist Services utilize any open source or
third-party code that may
be incorporated in the Love Heist Services, such open source or
third-party code is covered
by the applicable open source or third-party license EULA, if any,
authorizing use of
such code. Nothing in this Agreement limits Your rights under, or grants
You rights that
supersede, the terms and conditions of any applicable end user license
for such open
source software. Please contact us at contact@loveheist.co.in
(with “Open Source”
in the email subject line) for more information.
-
Rights
Reserved. The
foregoing license granted under this Agreement is not a sale of the Love
Heist Services or
any copy thereof and Love Heist or its third-party partners or suppliers
retain all right,
title, and interest in the Love Heist Services (and any copy thereof).
Any attempt by You to
transfer any of the rights, duties or obligations hereunder, except as
expressly
provided for in this Agreement, is void. Love Heist reserves all rights
not expressly
granted under this Agreement.
-
Trademarks,
Service
Marks and Logos. The
names and logos associated with the Love Heist Services are the property
of Love Heist. No use
of these marks is permitted except through the prior written
authorization and
permission of Love Heist. All rights reserved.
-
Government
End
Users. The
Love Heist Services are intended for the use by individuals, not
government entities.
-
App
Stores. You
acknowledge and agree that the availability of the Love Heist Services
is dependent on the
third party from which You received the Love Heist Services, e.g., the
Android Market or
Apple app store (each, an “App Store”). You acknowledge that
this Agreement
is between You and Love Heist and not with the App Store. Each App Store
may have its own
terms and conditions to which You must agree before downloading the Love
Heist Services from
it. You agree to comply with, and Your license to use the Love Heist
Services is conditioned
upon Your compliance with, all applicable terms and conditions of the
applicable App
Store.
-
OUR
DISCLAIMERS; NO WARRANTIES TO YOU.
-
CERTAIN
STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PLEASE REFER TO
THE “SPECIAL TERMS FOR INTERNATIONAL USERS” FOR CERTAIN
EXCEPTIONS FOR SUCH
USERS.
-
THE
Love Heist SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE
AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE Love Heist SERVICES ARE PROVIDED, TO THE
FULLEST EXTENT
PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND
“WITH ALL
FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. Love Heist, AND
ITS SUPPLIERS, AFFILIATES, AND LICENSORS, DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
-
Love
Heist
AND ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE
Love Heist SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR
THAT THE Love Heist SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE
FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
-
Love
Heist
AND ITS SUPPLIERS AND LICENSORS (INCLUDING Love Heist’S
THIRD-PARTY WIRELESS CARRIER
LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS
OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER Love Heist SERVICES
IN TERMS OF
SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
(AND NOT Love Heist
OR ITS SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY
SERVICES OR
EQUIPMENT NECESSARY TO ACCESS THE Love Heist SERVICES. YOU UNDERSTAND
AND AGREE THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE
Love Heist SERVICES AT
YOUR OWN DISCRETION AND RISK.
-
YOUR INDEMNIFICATION OF US; YOU HOLD Love
Heist
HARMLESS. You
agree to indemnify, defend, and hold Love Heist (and its affiliated companies,
contractors,
employees, agents, and suppliers and licensors) harmless from any and all
claims, suits,
actions, losses, costs, damages, and any other liabilities, including
attorneys’ fees,
brought by a third party arising out of or related to (a) Your use or misuse of
any location
information or the other Love Heist Services generally, (b) any violation of the
rights of any other
person or entity by You, (c) any alleged breach or violation by You of this
Agreement, or (d)
Your use of the Love Heist Services to meet another User in person or to locate
and attend any
offline place or event. Love Heist reserves the right, at Your expense, to
assume the exclusive
defense and control of any matter for which You are required to indemnify Us,
and You agree to
cooperate with Our defense of these claims. This defense and indemnification
obligation is
intended to extend to the fullest extent permitted by law and will survive this
Agreement and
Your use of the Love Heist Services.
-
LIMITATION
OF OUR LIABILITY AND OF YOUR DAMAGES.
-
CERTAIN
STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
LIABILITY. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO
YOU. PLEASE
REFER TO THE SPECIAL TERMS FOR CERTAIN EXCEPTIONS FOR SUCH USERS.
-
YOU
ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Love Heist (WHICH INCLUDES,
FOR PURPOSES OF THIS
SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD-PARTY LICENSORS OR
SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, RELIANCE,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A)
YOUR USE OF THE
Love Heist SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR
LOCATION
INFORMATION; (C) YOUR USE OR INABILITY TO USE THE Love Heist SERVICES;
(D) THE Love Heist
SERVICES GENERALLY (INCLUDING THE Love Heist SOFTWARE) OR SYSTEMS THAT
MAKE THE Love Heist
SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH Love Heist OR ANY
OTHER USER OF THE
Love Heist SERVICES, EVEN IF Love Heist OR A Love Heist AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF
LIABILITY SET
FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT AND,
TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
-
YOU
ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Love Heist (WHICH INCLUDES,
FOR PURPOSES OF THIS
SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD-PARTY LICENSORS OR
SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, RELIANCE,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A)
YOUR USE OF THE
Love Heist SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR
LOCATION
INFORMATION; (C) YOUR USE OR INABILITY TO USE THE Love Heist SERVICES;
(D) THE Love Heist
SERVICES GENERALLY (INCLUDING THE Love Heist SOFTWARE) OR SYSTEMS THAT
MAKE THE Love Heist
SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH Love Heist OR ANY
OTHER USER OF THE
Love Heist SERVICES, EVEN IF Love Heist OR A Love Heist AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF
LIABILITY SET
FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT AND,
TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
-
IN
NO EVENT SHALL Love Heist’S (OR ITS AFFILIATES’,
CONTRACTORS’,
EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY
LICENSORS’ OR
SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE Love
Heist SERVICES (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED
THE AMOUNTS
PAID BY YOU FOR ACCESSING THE Love Heist SERVICES DURING THE TWELVE (12)
MONTHS IMMEDIATELY
PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS
GREATER.
-
THIS
SECTION 18 IS NOT INTENDED TO EXCLUDE LIABILITY THAT Love Heist MAY NOT
EXCLUDE UNDER
APPLICABLE LAW.
-
YOU ACKNOWLEDGE THE BENEFIT OF THE
BARGAIN WITH
Love Heist. YOU
ACKNOWLEDGE AND AGREE THAT Love Heist HAS OFFERED THE Love Heist SERVICES, SET
ITS PRICES, AND ENTERED
INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY
SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS
AND THE
LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND
FAIR ALLOCATION OF
RISK BETWEEN YOU AND Love Heist, AND THAT THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY
SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU
AND Love Heist.
Love Heist WOULD NOT BE ABLE TO PROVIDE THE Love Heist SERVICES TO YOU ON AN
ECONOMICALLY REASONABLE
BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
-
YOU RELEASE US. To
the fullest extent permitted by applicable law, You hereby release and forever
discharge Us (and
Our officers, employees, agents, successors, and assigns) from, and hereby waive
and relinquish,
each and every past, present and future dispute, claim, controversy, demand,
right, obligation,
liability, action and cause of action of every kind and nature (including
personal injuries,
emotional distress, identity theft, death, and property loss and damage), that
has arisen or
arises directly or indirectly out of, or relates directly or indirectly to, (1)
any interactions
with, or act or omission of, or User Content provided by, other Love Heist
Services Users or (2) any
third-party site, products, services, and links included on or accessed through
the Love Heist
Service.
-
RESOLVING OUR DISPUTES; AGREEMENT TO
ARBITRATE.
You
and Love Heist agree that any dispute that has arisen or may arise between us
relating in any way to
Your use of or access to the Love Heist Services, any validity, interpretation,
breach, enforcement,
or termination of this Agreement, or otherwise relating to Love Heist in any way
(collectively,
“Covered Dispute Matters”) will be resolved in accordance with the
provisions set
forth in this Section 21.
-
Informal
Resolution. If
You have any dispute with Us, You and We agree that before taking any
formal action, You
will contact Us at contact@loveheist.co.in,
provide
a brief, written description of the dispute and Your contact information
(including Your
email address associated with Your User Account, if Your dispute relates
to an account)
and allow sixty (60) days to pass, during which We will attempt to reach
an amicable
resolution of any issue with You.
-
Applicable
Law. You
and We agree that Indian law, and
(to the extent not inconsistent with or pre-empted by Indian law), will
govern all
Covered Dispute Matters, except as may be expressly provided in the
Special
Terms.
-
Our
Arbitration. You
and We agree that this Agreement and each of its parts evidence a
transaction involving
interstate commerce, and the Federal Arbitration Act applies in all
cases and governs
the interpretation and enforcement of the arbitration rules and
arbitration proceedings.
Any Covered Dispute Matter must be asserted individually in binding
arbitration
administered by the American Arbitration Association (“AAA”)
in accordance
with its Consumer Arbitration Rules (including utilizing desk, phone or
video conference
proceedings where appropriate and permitted to mitigate costs of
travel). You and We
agree that the arbitrator shall not conduct any form of class or
collective arbitration
nor join or consolidate claims by or for individuals. You and We agree
that the
arbitrator, and not any federal, international, state, or local court or
agency, shall
have exclusive authority to resolve any dispute relating to the
interpretation,
applicability, enforceability or formation of this Agreement, including
any claim that
all or any part of this Agreement is void or voidable or a particular
claim is subject
to arbitration. You and We agree that judgment on the award rendered by
the arbitrator
may be entered in any court of competent jurisdiction.
-
The
Arbitrator’s Award to You or Us. You
and We agree that for matters where the relief sought is over $5,000,
the
arbitrator’s decision will include the essential findings and
conclusions upon
which the arbitrator based the award. The arbitrator will decide the
substance of all
claims in accordance with applicable law, including recognized
principles of equity, and
will honor all claims of privilege recognized by law. The arbitrator
shall not be bound
by rulings in prior arbitrations involving different Users, but is bound
by rulings in
prior arbitrations involving the same Love Heist User to the extent
required by applicable
law. You and We agree that the arbitrator’s award shall be final
and binding, and
judgment on the award rendered by the arbitrator may be entered in any
court having
jurisdiction thereof.
-
Injunctive
and
Declaratory Relief. Except
as provided in Section 21.6 below, the arbitrator shall determine all
issues of
liability on the merits of any claim asserted by You or Love Heist and
may award declaratory
or injunctive relief only in favor of the individual party seeking
relief and only to
the extent necessary to provide relief warranted by that party's
individual claim.
To the extent that You or Love Heist have sought public injunctive
relief (that is,
injunctive relief that has the primary purpose and effect of prohibiting
unlawful acts
that threaten future injury to the public), the entitlement to and
extent of such relief
must be litigated in a civil court of competent jurisdiction and not in
arbitration
after the party seeking public injunctive relief has first prevailed in
arbitration. The
parties agree that the litigation of any issues of public injunctive
relief shall be
stayed pending the outcome of the merits of any individual claims in
arbitration.
-
Exceptions
To Our
Agreement To Arbitrate Disputes. There
are only two exceptions to this agreement to arbitrate:
-
First,
if
either party reasonably believes that the other party has in any
manner violated
or threatened to infringe the intellectual property rights of
the other party,
the party whose rights have been violated may seek injunctive or
other
appropriate interim relief in any court of competent
jurisdiction.
-
Second,
each
party will retain the right to seek relief in a small claims
court for disputes
or claims within the scope of the jurisdiction of such
courts.
-
Who
Bears the Costs of Arbitration. You
and We agree that payment of all filing, administration, and arbitrator
fees will be
governed by the AAA’s rules, unless otherwise stated in this
agreement to
arbitrate.
-
Future
Amendments to the Agreement to Arbitrate. Notwithstanding
any provision in this Agreement to the contrary, You and We agree that
if We make any
amendment to this agreement to arbitrate in the future, that amendment
shall not apply
to any claim that was filed in a legal proceeding against Love Heist
prior to the effective
date of the amendment. However, the amendment shall apply to all other
disputes or
claims governed by the agreement to arbitrate that have arisen or may
arise between You
and Love Heist. If You do not agree to these amended terms, You may
close Your account
within thirty (30) days of the posting or notification and You will not
be bound by the
amended terms.
-
Judicial
Forum for
Legal Disputes. Unless
You and We agree otherwise and except as described in Section 21.6.2
(Small Claims
Court), in the event that the agreement to arbitrate above is found not
to apply to You
or to a particular claim or dispute, either as a result of Your decision
to opt out of
the agreement to arbitrate, as a result of a decision by the arbitrator
or a court
order, or because You are an international user to which this agreement
to arbitrate
does not apply, You agree (except as otherwise provided by law) that any
claim or
dispute that has arisen or may arise between You and Love Heist must be
resolved in the Court of Law
-
YOU
MAY
OPT-OUT OF ARBITRATION. IF
YOU ARE A NEW Love Heist USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO
ARBITRATE PROVISION
(“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE
TO contact@loveheist.co.in (“OPT-OUT NOTICE”) OR
REGULAR MAIL
TO: Love Heist, Plot 30,31, Shri Siddhivinayak Vaibhav Housing Society,
Ranjeet Developers, Wadachiwadi, Undri Pune - 411060. THE OPT-OUT NOTICE
MUST BE
RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE
TERMS OF THIS
AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW Love Heist USER, YOU
HAVE UNTIL THIRTY
(30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION
OPT-OUT
NOTICE.
-
Arbitration
Opt-Out
Procedure. In
order to opt-out, You must email Your name, address (including street
address, city,
state, and zip code), email address(es) associated with Your Account(s)
to which the
opt-out applies, and an unaltered digital image of Your valid
driver’s license
to: contact@loveheist.co.in. This procedure is the only way
You can opt
out of the agreement to arbitrate. If You opt out of the agreement to
arbitrate, all
other parts of this Agreement and this Disputes Section (including
Sections 19 (You
Acknowledge the Benefit of the Bargain with Love Heist) and 14 through
18 (14 -Advertising;
15 – End User Licenses; 16 – Our Disclaimers; No Warranties
to You, 17
– Your Indemnification of Us; You Hold Love Heist Harmless, and 18
– Limitation
of our Liability and of Your Damages)) will continue to apply to You.
Opting out of this
agreement to arbitrate has no effect on any previous, other, or future
arbitration
agreements that You may have with Us.
-
YOU
WAIVE CERTAIN RIGHTS. BY
AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU
MAY HAVE (i) TO A
COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO
SERVE AS A
REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY,
OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT,
ARBITRATION OR
OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF
ARBITRATION IS
NOT REQUIRED UNDER THIS AGREEMENT, AND (iii) TO A TRIAL BY JURY.
-
STATUTE
OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR
RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED
WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER
BARRED.
-
NOTICE
AND TAKEDOWN POLICY.
-
Love
Heist
respects intellectual property rights and expects its Users to do the
same. Love Heist will
promptly terminate without notice the accounts of Users that are
determined by Love Heist to
be “repeat infringers.” A repeat infringer is a User who has
been notified
by Love Heist of infringing activity violations more than twice and/or
who has had a User
Content removed from the Love Heist Services more than twice. (Note that
we reserve the
right to terminate accounts for a single infringement as well pursuant
to Section
8.3.)
-
If
You are a copyright owner or an agent thereof, and You believe that any
content hosted
on any Love Heist Services infringes Your copyrights, then You may
submit a notification by
providing Love Heist’s Designated Copyright Agent with the
following information in
writing:
-
A
physical or electronic signature of a person authorized to act
on behalf of the
owner of an exclusive right that is allegedly infringed;
-
Identification
of the copyrighted work claimed to have been infringed, or, if
multiple
copyrighted works on the applicable Love Heist Services are
covered by a single
notification, a representative list of such works on the
applicable Love Heist
Services;
-
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 Love
Heist to locate the
material;
-
Information
reasonably sufficient to permit Love Heist to contact the
complaining party, such as
an address, telephone number, and, if available, an email
address at which the
complaining party may be contacted;
-
A
statement that the complaining party has 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 (for example, “I am under the good
faith belief that
the use of the copyrighted content that is identified herein is
not authorized
by the copyright owner, its agent, or the law.”);
and
-
A
statement that the information in the notification is accurate,
and under
penalty of perjury, that the complaining party is authorized to
act on behalf of
the owner of an exclusive right that is allegedly infringed (for
example,
“I swear, under penalty of perjury, that the information
in this
notification is accurate and that I am the copyright owner, or
authorized to act
on behalf of the copyright owner, of the copyright(s) that is
allegedly
infringed by the aforementioned content.”).
-
Love
Heist’s
Designated Copyright Agent to receive notifications of claimed
infringement can be
reached as follows:
-
Love
Heist
Attention:
Copyright Agent
Plot
30,31, Shri Siddhivinayak Vaibhav Housing Society
Ranjeet
Developers, Wadachiwadi, Undri Pune - 411060
Telephone:
90218 67079
Email: contact@loveheist.co.in
For clarity, only notices under this Section should go to the
Love Heist Designated
Copyright Agent. You acknowledge that if You fail to comply with all of the
requirements of
this Section 22, Your DMCA notice may not be valid. Please note that under
Section 512(f) of
the US Copyright Act, any person who knowingly materially misrepresents that
material or
activity is infringing may be subject to liability.
-
APPLE APP STORE ADDITIONAL TERMS AND
CONDITIONS.
The
following additional terms and conditions apply to You if You are using Love
Heist Software from the
Apple App Store. To the extent the other terms and conditions of this Agreement
are less
restrictive than, or otherwise conflict with, the terms and conditions of this
Section 23, the
more restrictive or conflicting terms and conditions in this Section 23 apply,
but solely with
respect to Love Heist Software from the Apple App Store:
-
Acknowledgement. Love
Heist
and You acknowledge that this Agreement is concluded between Love Heist
and You only, and
not with Apple, and that Love Heist, not Apple, is solely responsible
for Love Heist Software
and the content thereof. To the extent this Agreement provides for usage
rules for
Love Heist Software that are less restrictive than the Usage Rules set
forth for Love Heist
Software in, or otherwise is in conflict with, the Apple App Store Terms
of Service, the
more restrictive or conflicting Apple term applies.
-
Scope
of License. The
license granted to You for Love Heist Software is limited to a
non-transferable license to
use Love Heist Software on an iOS product that You own or control and as
permitted by the
Usage Rules set forth in the Apple App Store Terms of Service.
-
Maintenance
and
Support. Love
Heist
is solely responsible for providing any maintenance and support services
with respect to
Love Heist Software, as specified in this Agreement (if any), or as
required under
applicable law. Love Heist and You acknowledge that Apple has no
obligation whatsoever to
furnish any maintenance and support services with respect to Love Heist
Software.
-
Warranty. Love
Heist
is solely responsible for any product warranties, whether express or
implied by law, to
the extent not effectively disclaimed. In the event of any failure of
Love Heist Software to
conform to any applicable warranty, You may notify Apple, and Apple will
refund the
purchase price for Love Heist Software to You; and to the maximum extent
permitted by
applicable law, Apple will have no other warranty obligation whatsoever
with respect to
Love Heist Software, and any other claims, losses, liabilities, damages,
costs or expenses
attributable to any failure to conform to any warranty will be Love
Heist’s sole
responsibility.
-
Product
Claims. Love
Heist
and You acknowledge that Love Heist, not Apple, is responsible for
addressing any claims of
You or any third party relating to Love Heist Software or Your
possession and/or use of
Love Heist Software, including: (i) product liability claims; (ii) any
claim that Love Heist
Software fails to conform to any applicable legal or regulatory
requirement; and (iii)
claims arising under consumer protection or similar legislation. This
Agreement does not
limit Love Heist’s liability to You beyond what is permitted by
applicable law.
-
Intellectual
Property Rights. Love
Heist
and You acknowledge that, in the event of any third-party claim that
Love Heist Software or
Your possession and use of Love Heist Software infringes that third
party’s
intellectual property rights, Love Heist, not Apple, will be solely
responsible for the
investigation, defense, settlement and discharge of any such
intellectual property
infringement claim.
-
Legal
Compliance. You
represent and warrant that (i) 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 (ii) You are not listed
on any U.S.
Government list of prohibited or restricted parties.
-
Developer
Name and
Address. Love
Heist’s
contact information for any end-user questions, complaints or claims
with respect to
Love Heist Software is set forth in Section 25.7 below.
-
Third-Party
Terms of
Agreement. You
must comply with applicable third-party terms of agreement when using
Love Heist
Software.
-
Third-Party
Beneficiary. Love
Heist
and You acknowledge and agree that Apple, and Apple’s
subsidiaries, are
third-party beneficiaries of this Agreement, and that, upon Your
acceptance of the terms
and conditions of this Agreement, Apple will have the right (and will be
deemed to have
accepted the right) to enforce this Agreement against You as a
third-party beneficiary
thereof.
Love
Heist
Plot
30,31, Shri Siddhivinayak Vaibhav Housing Society
Ranjeet
Developers, Wadachiwadi, Undri Pune - 411060
In
the event that You die before the end of Your paid subscription period, Your estate
shall be
entitled to a refund of that portion of any payment You had made for Your paid
subscription which is
allocable to the period after Your death. In the event that You become disabled
(such that You are
unable to use the paid subscription and the condition is verified in writing by a
physician) before
the end of Your paid subscription period, You shall be entitled to a refund of that
portion of any
payment You had made for Your subscription which is allocable to the period after
Your disability,
by providing Love Heist notice at the same address as listed above.
-
MISCELLANEOUS
PROVISIONS.
-
Severability,
Waiver
of Agreement Provisions. You
and We agree that if any provision of this Agreement shall be deemed
unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from this
Agreement and shall not affect the validity and enforceability of any
remaining
provisions. A provision of this Agreement may be waived only by a
written instrument
executed by the party entitled to the benefit of such provision. The
failure of any
party at any time to require performance of any provision of this
Agreement shall in no
manner affect such party’s right at a later time to enforce the
same. A waiver of
any breach of any provision of this Agreement shall not be construed as
a continuing
waiver of other breaches of the same or other provisions of this
Agreement.
-
Notices.
Love
Heist
may provide You with notices, including those regarding changes to this
Agreement, by
email or postings on the Love Heist Services. You hereby consent to the
use of electronic
communications. To give Love Heist notice, you may do so through the
physical and email
addresses provided in Section 25.7 and such notice will be effective
upon
receipt.
-
You
May
Not Assign, But Love Heist May. This
Agreement, and any rights and licenses granted hereunder, may not be
transferred or
assigned by You. However, Love Heist may at any time and for any reason
transfer or assign
without restriction this Agreement and the obligations contained in the
Agreement to a
third party. You hereby acknowledge and agree that if another company
acquires Our
company, business, or Our assets, that transaction may include a sale or
transfer of
Your User Content, and You agree to such transfer without further action
or
confirmation.
-
Survival
of
Provisions. The
following Sections will survive any termination of this Agreement or any
termination of
Your use of or subscription to the Love Heist Services: 1-3, 4.3, 4.4,
5-7, 9.6, 9.7, 10,
12-14, 15 (excluding 15.2), 16-23, and 25.
-
No
Third-Party Beneficiaries. Love
Heist’s
past, present, and future affiliates (i.e., companies controlling,
controlled by, or
under common control with Love Heist) are third-party beneficiaries of
all the rights,
protections, and benefits afforded Love Heist under this Agreement,
including Section 21.
Otherwise, there are no third-party beneficiaries to this
Agreement.
-
Headings;
Entire
Agreement. The
heading references herein are for convenience purposes only, do not
constitute a part of
this Agreement and shall not be deemed to limit or affect any of the
provisions hereof.
The word “including” means “including without
limitation.” This
Agreement is the entire agreement between You and Us relating to the
subject matter
herein and shall not be modified except in writing, agreed to by both
parties.
-
Our
Disclosures; Your Inquiries. The
services hereunder are offered by Love Heist, Plot 30,31, Shri
Siddhivinayak Vaibhav Housing Society,Ranjeet Developers, Wadachiwadi,
Undri Pune - 411060. If
you have a question or complaint, you may reach us at the address above
or at: contact@loveheist.co.in
Special
Terms for International Users
Effective
Date: The earlier of March 13, 2020, or user acceptance.
Company Name: Daxton IT Services & Solutions PVT LTD
CIN: U72900PN2021PTC202497
Email: contact@daxtonitss.com
Registered Address: Sr. No. 34/15, Plot No. 30, Sidhivinayak Vaibhav - 2, Pune, Pune, Maharashtra, India, 411060