The love schmove services consist of the following, without limitation: a service for people to connect with others online to date ("Online Dating Service"), interactive content and community services such as love schmove Advice/Tips ("Content Services"), any premium services offered by or on behalf of love schmove ("Premium Services") (collectively, the "Services"). love schmove may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. love schmove also reserves the right to cease offering any of the Services.
Please review this Agreement carefully, including the Arbitration provision in Section 14, which describes how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement.
We value your safety and security and want you to understand your risks when using this site. While the nature of this site encourages you to share your personal information with other users, we cannot guarantee that it is always safe to have direct contact with all of our users. If you feel that any user of this site is harassing you or is using your personal information for unlawful purposes, please report this to your local authorities and contact us via email: firstname.lastname@example.org.
This Agreement is subject to change by love schmove in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Use of Site and Service.
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
Disclaimer of Warranty.
Limitation of Liability.
Complaints / Law Enforcement Contact.
Communication and Privacy.
Term and Termination.
Digital Millennium Copyright Act Notice.
Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Online Dating Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portions of such Services, and such other age requirements are stated on such Services or portions thereof.
Criminal History. By requesting to use, registering to use, and/or using the Online Dating Service, you represent and warrant that you are not required to register as a sex offender with any government entity. LOVE SCHMOVE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, love schmove reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
Meeting Matching System Criteria. The Online Dating Service requires your completion of your Profile and three self-selected questions. love schmove believes the greater level of detail you can provide, as well as, the endorsement of third parties, will assist you in achieving some success with our system. Occasionally, some users of our system may not identify high quality compatible matches in a given period, but due to the dynamic and ever evolving nature of our Online Dating Service we would encourage you to keep trying. love schmove cannot guarantee that you will achieve a highly compatible match.
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that love schmove is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. It is your responsibility to ensure that your login information (including your password) remains secure. All activities that occur under your account login are your responsibility. If you feel that someone is accessing your account in an unauthorized way, please notify love schmove immediately. Please take necessary precautions when logging into your account from a public or shared computer which includes making sure you completely log out of your account when you are finished.
Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction.
Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. In addition to sharing your information with your matches, we will allow your matches to share your profile information with their friends and family within the confines of the Site.
Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Online Dating Service. UNDER NO CIRCUMSTANCES WILL LOVE SCHMOVE BE LIABLE FOR ANY DAMAGES RESULTING FROM MISCONDUCT OF OUR USERS. YOU AGREE TO USE THIS SITE AT YOUR OWN RISK.
No Guarantees. love schmove may not be able to provide matches for everyone seeking to use its services. Further, love schmove makes no guarantees as to the number or frequency of matches through the Online Dating Service, or to such matches' ability, desire or criteria used to communicate with any user. You understand that love schmove makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Online Dating Service or as to the conduct of such individuals.
Reporting of Violations. You will promptly report to love schmove any violation of the Agreement by others, including but not limited to, Registered Users.
Content Removal. love schmove reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. love schmove will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Posting and Communication Restrictions. You will not post on the Services, transmit to other users, and communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
is defamatory, inaccurate, abusive, obscene, profane, offensive, explicitly sexually oriented, obscene or otherwise objectionable;
contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
intended to defraud, swindle or deceive other users of the Services;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
solicits gambling or engages in any gambling or similar activity;
uses scripts, bots or other automated technology to access the Site or Services;
uses the Site or Services for chain letter, junk mail or spam e-mails;
collects or solicits personal information about anyone under 18; or
is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
No False Information. You will not provide inaccurate, misleading or false information to love schmove or to any other user. If information provided to love schmove or another user subsequently becomes inaccurate, misleading or false, you will promptly notify love schmove of such change.
No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to love schmove, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay love schmove $125 for each such unsolicited communication you send through the Services.
Unique and Bona Fide Profile. As a Registered User of the Online Dating Service, you will create only one unique profile. In addition, your use of the Online Dating Service must be for bona fide relationship- seeking purposes in order to maintain the integrity of the Online Dating Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper).
Ownership of Proprietary Information. You hereby acknowledge and agree that love schmove is the owner of highly valuable proprietary information, including without limitation, the Online Dating System, profiles, and screening questions (collectively, "Confidential Information"). love schmove owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Other Users Information. Other Registered Users may post copyrighted information, which hascopyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any love schmove or third party proprietary information available via the Services or the Site.
License to Posted or Accessed Content. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs.
No Contact Information. You agree that you will not post any e-mail addresses, personal website addresses or profile pages you may have on third party websites, or other contact information in the "Profile" section of the Online Dating Service or in any other communications you may have with other users. You may, at your discretion, exchange such information by way of "love schmove Messaging" with your matches.
Disclosure by Law. You acknowledge and agree that love schmove may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend love schmove's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
Use of Anonymous Information for Research. By using the Services, you agree to allow love schmove to anonymously use the information from you and your experiences through the Services to continue love schmove's research into successful relationships and to improve the Services. This research, which may be conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifiable information.
By creating a profile on love schmove, you are agreeing to represent yourself in the most accurate way possible. You are also agreeing to use the personal information provided to you by other users on this site in a lawful manner and that you will not use this information for any reason without the individual’s prior consent.
The information we collect from you on this website will be used for the purposes of this website only and will not be sold to anyone for advertising purposes. We do not use advertising cookies. We also do not use web beacons to track your internet activity once you leave our site.
We will use firewalls and other standard security settings to keep your personal information secure, however, we cannot guarantee that your information will not be made public as is the case for any such website.
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LOVE SCHMOVE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. LOVE SCHMOVE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. LOVE SCHMOVE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by love schmove, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LOVE SCHMOVE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LOVE SCHMOVE. UNDER NO CIRCUMSTANCES WILL LOVE SCHMOVE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, love schmove may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at love schmove's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOVE SCHMOVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LOVE SCHMOVE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LOVE SCHMOVE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID LOVE SCHMOVE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $36.00 OR ITS EQUIVALENT.
No Liability for non-love schmove Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOVE SCHMOVE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. love schmove and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that love schmove and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless love schmove, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. love schmove reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with love schmove in asserting any available defenses.
To resolve a complaint regarding the Service, you should e-mail us at email@example.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to love schmove via email at firstname.lastname@example.org.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or love schmove may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. love schmove reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to love schmove by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by clicking on the delete profile button under your preferences or sending an email to email@example.com. Following any termination of any Registered User's use of the Online Dating Service, love schmove reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
Cancellation at Any Time with No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the Account Preferences page, clicking on “delete profile”, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you have pre-paid for any services, you will not receive a refund upon deletion of your account.
Cancellation as a Result of Death or Disability. If by reason of death or disability you are unable to receive all Online Dating Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided herein.
If you have prepaid any amount for the Online Dating Service, the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
"Disability" means a condition which precludes you from physically using the Online Dating Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to love schmove.
If the physician determines that the duration of the disability will be less than six (6) months, love schmove may extend the term of the Online Dating Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, love schmove automatically renews all paid subscriptions for the Services on the date such subscriptions expire. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation at Any Time with No Refund" above.
Arbitration of Disputes. You and love schmove agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of love schmove (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of love schmove’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which love schmove may elect to have resolved by means other than arbitration. Notwithstanding the above, love schmove is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND LOVE SCHMOVE AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
No Class Actions. YOU AND LOVE SCHMOVE ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor love schmove agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s). Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with love schmove, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. You can find further details about the arbitration procedure by clicking here. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
Right to Seek Injunction. Violation of this Agreement may cause love schmove irreparable harm, and therefore user agrees that love schmove will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that love schmove may have for a breach of this Agreement.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify love schmove's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit love schmove to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
love schmove, L.L.C.
Attn.: Designated Copyright Agent
1380 Monroe St. NW
Washington, DC 20010, USA
This Agreement was last revised on July 5, 2016.