Terms and Conditions of Use
These loverekindled Terms and Conditions of Use and Access (T&C) are known and accepted by all users, and are made available through the website www.loverekindled.com (“Site”). through the Site implies full understanding, acceptance and binding of this T&C, constituting a balanced relationship between users and the Site.
2743206 Ontario Inc., a company incorporated under the Laws of Ontario, CA (“we”, “us” or “loverekindled”) owns and operates the loverekindled Site (international domain) and its localized domains (collectively, “our” or this “website”), on which we provide an interactive way for like-minded users to search for friends or romantic relationships, as well as connect and decide if they want to meet, chat and/or eventually develop any kind of personal relationship, without any liability to the Site (our site and these services, collectively, “our” or this “Service”).
THE TERMS AND CONDITIONS SET FORTH BELOW FORM AN AGREEMENT (THE “TERMS”) THAT WILL GOVERN YOUR USE OF THE SERVICE. BY USING OR ACCESSING THE SERVICE, YOU (“YOU” AND “YOUR”) AGREE TO BE BOUND BY (1) THE TERMS AND (2) THE loverekindled WEBSITE PRIVACY POLICY AVAILABLE UNDER PRIVACY POLICY. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE INCLUDING THE SECTIONS RELATING TO TERMINATION, ARBITRATION AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THE TERMS OR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE OR ANY INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY THESE TERMS AT ANY TIME. ANY UPDATED VERSION VOTES AND REPLACES ANY PREVIOUS VERSION AFTER THE PUBLICATION, AND THE PREVIOUS VERSION, HAVE NO LONGER FORCE AND EFFECT UNLESS OTHERWISE SPECIFIED. WE WILL INDICATE THE UPDATE DATE AT THE END OF THESE TERMS. YOU AGREE TO OBSERVE THE DATE OF THE LAST REVIEW YOU READ AND AGREE TO CHECK THESE TERMS PERIODICALLY TO SEE IF ANY CHANGES HAVE BEEN. IF THE LAST UPDATE DATE HAS CHANGED, THEN YOU WILL KNOW THAT WE HAVE MADE CHANGES TO THESE TERMS AND THAT YOU MUST REVIEW THE TERMS TO DETERMINE YOUR RIGHTS AND LIABILITY REGARDING TERMS HAVE CHANGED. USERS' CONTINUED USE OF THIS SITE AFTER PUBLISHING CHANGES TO THESE T&C SHALL MEAN THAT YOU ACCEPT SUCH CHANGES. YOU WILL ALSO BE REQUESTED TO AFFIRMATIVELY AGREE WITH THE T&C AND ANY RELEVANT MODIFICATIONS.
YOU MAY NOT USE THIS SITE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE LEGAL MAJORITY OF CONSENT IN THE JURISDICTION IN WHICH YOU RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. IT IS ALSO PROHIBITED TO USE ANY PORNOGRAPHIC MATERIAL OR ILLEGAL ACTIVITIES INCLUDING UNDER 18 (EIGHTEEN) YEARS OLD.
YOU MAY ALSO NOT USE THIS SITE OR OUR SERVICE IF: YOU ARE ALREADY BEING PROSECUTED OR HAVE ALREADY BEEN CONVICTED OF A CRIME AGAINST SEXUAL DIGNITY.
This T&C is entered into between users and the Site. By accessing the Service, you accept and agree to these T&C, conditions and notices contained or referred to herein, whether or not you have become a paid subscriber. IF YOU DO NOT AGREE WITH THESE T&C, DO NOT USE OR ACCESS THE SITE.
CONDUCT OF USERS
By using our Site, you agree to act responsibly and with good judgment. For example (and not limited to), you agree not to:
violate any applicable law or rule;
infringe the rights of third parties, including, without limitation, property, privacy, publicity, contractual or intellectual property rights, among others;
use the information available through our Site for any unauthorized or illegal purpose;
interfere with or harm our Site, including, without limitation, through the use of viruses, cancelbots, trojans, harmful code, ping floods, denial of service attacks, packet or IP spoofing, forged routings, or email address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site or its content,
use our Site to transmit, distribute, publish or submit any information relating to any other person or entity, including, without limitation, photographs of users or third parties, personal contact or credit information, of deb ito, phone card or account number of third parties;
use our Site to obtain the personal contact information of users or third parties without their consent or prior authorization from the holders of personal information;
use our Site in connection with the distribution of unsolicited commercial e-mail (“spam”) or advertisements;
“stalk” or harass any user of our Site or any third party;
use the Site if you are being prosecuted or have been convicted of an offense against sexual dignity;
practice, induce or incite any kind of prejudice as to origin, race, ethnicity, sex, sexual orientation, color, age, religious belief or any other form of discrimination;
use any pornographic material or illegal activities including minors under 18 (eighteen) years old (according to article 241 of the Child and Adolescent Statute);
use any Images and/or obscene or pornographic language;
use any material that is libelous, abusive or that invades someone's privacy and/or coarse or offensive language;
make libelous or defamatory statements;
use the Site for any illegal purpose, including, without limitation, prostitution and/or grooming of persons, whether other users or third parties;
collect or store any information about any other user, or third party, other than in the course of permitted use of our Site;
use our Site for any commercial purpose including, without limitation, advertising or marketing any services or products;
pretend to be another person or entity;
remove any copyright, trademark or other proprietary rights notices contained on the Site;
infringe the intellectual property rights of the Site or any third party in any way,
modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or disassemble any part of the Site or any software used on or for our Site,
post, transfer or transmit false, misleading or illegal information or content to our Site;
make false statements, or attempt to use personal, financial or other information that you are not authorized to use;
upload, post, email, transmit or otherwise make available any content that you are not legally authorized to post on the Site under any law or any contractual or fiduciary relationship (including, without limitation, information privileged information and information subject to confidentiality obligations);
interrupting the flow of dialogue, causing a screen to “scroll” faster than other users or members of the Site are able to read to type, or engage in behavior that adversely affects the ability of other users or members from engaging in communication or other interactions on our Site;
collect or store personal data about other users or members without their consent, or transfer, post, email or transmit the member's or user's private information or data,
provide hyperlinks, URL links, graphic links or other direct connection to our Site or the Service for profit or gain, or
use the Site in order to provide escort services or as a way of attracting clients to an escort agency
help any third party do any of the aforementioned actions.
2- YOUR INTERACTIONS WITH OTHER USERS OF THE SITE
2.1) Your Responsibilities: You are solely responsible for your interactions with other users of our Site, including the content of materials posted by you on the Site and in your messages sent to other users. Do you agree to take reasonable precautions in all of your interactions with other users of the Site, particularly if you decide to arrange an offline or in-person meeting. Also, YOU AGREE TO READ loverekindled'S SAFE FLIRT TIPS BEFORE USE THE SITE. You must not provide financial or personal information (eg, credit card or bank account details) to other users of our Site. This information can be misused. be extremely careful when communicating with any stranger who wants to meet with you.
2.2) Our limitations: You agree that n will not be liable for any damage or injury resulting from your use of the Site or your interactions with other users of our Site. While we make every effort to verify our users, you understand and accept that we do not pre-approve or investigate in any way the origins of users of our Site or attempt to verify the veracity of their claims. We make no representations or warranties about the conduct of our users or their compatibility with any current or future users. WE DO NOT DO ANY FORM OF CRIMINAL BACKGROUND INVESTIGATION OR ANY OTHER FORM OF VERIFICATION ABOUT OUR USERS OR MEMBERS, BUT WE MAY COME DO AT OUR SOLE DISCRETION. It is your responsibility to investigate the financial, criminal, character and all other aspects that may affect whether or not you want to interact with a user. or member of our Site. We are under no obligation to monitor your interactions between you and other users of our Site, but we reserve the right, and to take any action in good faith, to restrict access or availability. of any material that we or another user of the Site may deem unlawful, obscene, lewd, excessively violent, harassing or otherwise objectionable, including, but not limited to, material with low slang content, that violates morals and good customs or that can be typified as misdemeanors and/or crimes. Email and chat messages exchanged by you and other users of the Site and which cannot be readily viewed by the general public may be reviewed by us to ensure they comply with these T&C, however such interactions will be treated by us as private to the extent required by any applicable law. Except if demonstrably caused by our negligence or demonstrably caused by our improper and willful conduct, we shall not, under any circumstances, be liable for any damages, direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or that of any other person, users, or third party in connection with your use of the Site, including, but not limited to, bodily injury, emotional distress, and/or any other damages resulting from your communications or encounters with other users of the Site, or with people you meet through the Site. We are not responsible for, and cannot control, the use by others of any information. provided by you; and we recommend caution in selecting the personal data you provide to others through our Site. We cannot and do not assume any responsibility for the content of messages sent by other users of the Website or related third parties. You agree that we are not responsible for the accuracy of information communicated to you on the Site by other users and/or related third parties. You release us from any and all liability connected with to the Site for the content of messages sent by other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these T&C, including but not limited to a, removal of offensive communication from the Site, termination of access to the Site and contact and disclosure of information to the competent authorities; however, you agree that we are under no obligation to do so.
2.3) Disputes between users: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE AND/OR RELATED THIRD PARTIES. We are under no obligation, but reserve the right to monitor any dispute that occurs between you and other users. and/or related third parties You agree that we, our headquarters, subsidiaries and affiliated entities and our shareholders, officers, directors, employees and agents, successors and assigns are released from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3 – MINORS
Our Site is intended exclusively for persons aged 18 (eighteen) years or older ONLY. We will not allow anyone who does not meet these criteria to use our Site. When using our Site and/or any services provided through our Site, you represent and warrant that you are at least eighteen (18) years of age and have the right, authority and ability to access comply with these T&C and comply with all provisions and conditions set forth in this document. You too represents and warrants that you will not allow any minor access to this Site or our Service through the shared use of your login and password, including taking all precautions and implementing all control protections parental control on your computer or other electronic device used to access the Site and our service to prevent any minor from having access to the Site and our service. In addition, you undertake to inform us immediately upon becoming aware of the use of the Site by a minor. If you fail to immediately report to us use of the Site by anyone under the age of eighteen (18) years, you are in breach of these T&C and may be prosecuted civilly and criminally. for such violation.
You agree that our Site will not, under any circumstances, be responsible for any false information regarding a user or the age of the user or for the unauthorized use of the Site or our service by a minor.
WE DO NOT TOLERATE ANY UPLOAD OF IMAGES, PHOTOGRAPHS, PORTRAITS AND/OR DRAWINGS OF ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE, INCLUDING WHO APPEAR TO BE UNDER EIGHTEEN (18) YEARS OF AGE, IF NOT PROVEN THE MAJORITY OF THE PERSON.
4- THE SERVICE loverekindled – REGISTRATION AND TERMINATION
4.1) Categories of Services: Users of the Site may be “Guests” or “Full Subscribers” to the Site. Guests have authorized access to a minimum level of Site features and are not charged for the use of the features they can access. Full Subscribers are provided access to additional features of the Site that are not available to guests. Full subscribers are not charged for features available for free to guests. Some additional features of the Site made available to full subscribers are also free. Certain features of the Site are “paid features” for which the full subscriber is billed.
4.2) Registering to use our service, fees and payments: All amounts are quoted in the currency in which they are displayed and, where no currency is displayed, all amounts should be assumed to be in US Dollars. americans. In addition to paying the published price, you are responsible for paying any other fees related to your plan or user operations fees in connection with your purchase. We reserve the right to change our pricing policy, the method or the accounts, provided that the payment obligations of the amounts cannot be transferred from one user of the Site to another user or third parties.
You understand and agree that it is a condition of your use of this Site and the Service and your membership that all information you provide to us when you are signing up and providing in your profile is correct, current, accurate and complete. If you provide any misleading or false information to us, you will lose your right to use the Site or any services and your participation in the Site will be terminated.
4.3) Refund Policy: You agree that all payments made to the Site, as well as all purchases made by you, are non-refundable.Users can request a full refund when, and if, they are not successful on loverekindled within 30 days of purchase. Successful is explicitly defined as your profile receiving any attention or interactions within 30 days of signing up. Attention/interactions include; messages, likes or visits to your profile. Each refund request will be evaluated on a case-by-case basis.
4.4) Termination: You acknowledge and agree that we, in our sole discretion, may terminate your access to our Site and any services, for any reason, including, without limitation, your breach of these T&C. you understand and agree that we are not obligated, and may be prohibited, to disclose a reason for terminating your access to our Site. You agree that any termination of access to our Site may be effected without notice, and you acknowledge and agree that we may immediately disable or delete any of your accounts and all information and files relating to those accounts, and/or prevent any further access to those files or our Site. Furthermore, you agree that you do not We are responsible for costs or damages of any kind that you or third parties may incur due to the termination of your access to our Site. You may terminate your access to the Site at any time through our Site or by sending us written or email notice of its termination. You will not be entitled to a refund of unused credit or subscription fees paid upon termination of your access to our Site for any reason.
4.5) Full Profile Removal: You may also select the “Complete Profile Removal” option which is offered separately from basic termination. This feature will remove any er trace of the existence of the account on the Site, including all messages sent and received (regular, collect, priority), winks, gifts, any photos you have posted, any history of using the Site, and other information that may lead to personally identifiable information. To use the Site, you acknowledge that member communications may not remain accessible if any specific member has selected Complete Removal of Profile.
4.6) Credit Card Chargeback Policy: We protect our business and credit card companies, banks and other institutions that provide related services to us from fraudulent credit card charges. Credit card chargeback is when a credit card holder disputes the charge with a credit card company, bank or other institution and the amount is charged back to the company. The chargeback is fraudulent if the credit card holder disputes the charge of a legitimate fee for services that the card holder has purchased. You understand and agree that in the event that you attempt to create a fraudulent chargeback on your credit card credit card, we will work with the related credit card company, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about profiles, authentication card and communications with or in connection with our Customer Service or by other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you may be sued for such activity and we reserve the right to claim any fees and costs we incur in responding to charges made fraudulently.
4.7) Privacy and Use of Information: Use of the Site is also governed by our Privacy Policy. You agree that by registering a Profile or using our Site, you have also agreed to our Privacy Statement. You recognize that, while we make efforts to maintain necessary safeguards to protect your personal data, we cannot guarantee the security or privacy of information you provide over the Internet and in your e-mail messages. Our privacy policy is incorporated into this T&C by this reference. You agree that we, our headquarters, subsidiaries and affiliated entities and our shareholders, officers, directors, employees and agents, successors and assigns are released from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way connected with the release or use of such information by third parties.
4.8) User Service: Our user service representatives are available to answer questions you may have about our Site and to improve your experience with our Site and its features. You should not be abusive, obscene, profane, harassing, sexist, threatening, harassing, racially offensive or behave inappropriately when communicating with our customer service representatives. If we determine, in our discretion, that your behavior with any of our representatives is at any time considered inappropriate, we reserve the right to immediately terminate your access to our Site, without you being entitled to any refund of fees. unused signature.
4.9) Email Communications: You acknowledge and agree that we, and other Sites we operate (or our agents), may send you email (electronic) communications, which include messages about the Site and your account. with us and services offered by our other websites and third parties. We communicate with you as part of our service and your membership. You agree and consent that any notices, agreements and other communications that we send to you electronically will satisfy all legal requirements, including, without limitation, that such communications be in writing. You can opt out of receiving these notifications.
4.10) Your first payment from a user will be charged as an “initial fee” or “membership fee” and will aim to remunerate the initial steps we take in relation to a new subscriber, such as profile verification and registration, among others. other actions.
4.11) From the second monthly payment onwards, all subscriptions paid in the credit card modality will be renewed automatically, with different values for monthly, quarterly or semi-annual renewals. If you choose not to accept automatic renewal, you must contact support no later than one day before the next expiration date, to inform your decision.
5 – OTHER ASPECTS OF THE SERVICE loverekindled – FOR YOUR ENTERTAINMENT
Our Site and our service provide users with the opportunity to explore and improve their ability to interact with others on the Site. However, there is no guarantee from us that you will find a crush or a partner. for communication on our Site or through our service. Our Site and our service are also designed to provide you with fun and entertainment. You agree that some of the features of our Site and our service are intended to provide entertainment to our users.
You understand and agree that there are guest users and member users of the Site who use and subscribe to our Site for purely entertainment purposes. These Guests and Subscribers Are Not Looking For Personal Encounters With Someone they met on the Site, but considered their communications with other users to be pure entertainment.
You acknowledge and agree that all user profiles, whether invited and/or members, as well as communication from such persons may not be true, accurate or authentic and may be exaggerated or based on fantasies. Do you recognize and understand that you may communicate with these people and that we are not responsible for such communications.
6 – USER CONTENT
6.1) By submitting any content (including but not limited to photographs) to our Site, you represent and warrant that the content, including your photograph, is posted by you and that you are the sole author of such content, including your photograph; and that our use of your content will not infringe or violate the intellectual property rights of others. You absolutely license any and all copyrights in the content posted on Site, including your photograph and profile, and any other similar rights in any jurisdiction, for use by the Site on a definitive and irrevocable basis, indefinitely, worldwide, without any limitations. when sending any content (including, without limitation, your photograph and profile) to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us and our licensors, parents, subsidiaries, affiliates and successors, perpetual, worldwide, non-exclusive, irrevocable, royalty-free unlimited non-transferable right and license to use, reproduce, display, broadcast, publish, quote, republish, reproduce, package, distribute, create derivative works, adapt, translate, transmit, organize, sublicense, export, outsource, loan, lease, rent, share, assign and modify such content or incorporate such content into other works, and grant and authorize sublicenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or create derivative works based on your photographs. We are under no obligation to remove your profile, photo and other information from our service. even after you have terminated your membership unless you use the Complete Profile Removal option. You represent and warrant to us that you have the absolute right to grant the license and other rights set forth above. You agree that we may use your contact information to send or transmit to you information and promotional materials about our service and information and promotional materials about our affiliates and third party websites.
6.2) You are solely responsible for all content that you submit, post or transmit through our Service. You agree not to post or submit any content that: is libelous or defamatory, contains pornographic content, sexually explicit or vulgar, may denigrate any ethnic, racial, sexual or religious group through stereotypical representation or otherwise, including through the promotion of racism, intolerance, hatred or physical harm in any way. against any group, exploits images or the image of people under the age of 18 (eighteen) age, including in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18), or harms minors in any way encourages or otherwise promotes the use of drugs (including alcohol and cigarettes) or any illegal acts, uses profanity or offensive imagery or is offensive to the community harass or advocate the harassment of another person, involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailings or spam, promotes an illegal or unauthorized copy of the copyrighted work of another person, characterizes violence as acceptable, glamorous or desirable, contains any illegal material or any material that infringes or violates the other party's rights (including, without limitation, the intellectual property rights and rights of privacy and publicity), constitutes an illegal act (including, without limitation, facilitating, inducing or attracting prostitution); provide instructional information about illegal activities, such as making or buying illegal weapons, violate someone's privacy, or provide or create computer viruses, solicit passwords or personally identifiable information from other users for commercial or unlawful purposes; or contains images related to prostitution, provide or promotes inaccurate, misleading or false information, involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or contains all personally identifiable contact information (except for purposes of registration for the Site). If any information provided becomes inaccurate, misleading or false, you must promptly notify us of such change.
6.3) The above items constitute a partial list of the type of illegal or prohibited content on our Site. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this Section 6 or any other provision of these T&Cs, including, but not limited to, removal of offensive communications on the Site, termination of the violator's access to the Site, and contacting and disclosing information to appropriate authorities.
We are under no obligation to publish any content submitted by you or anyone else. While we do not or cannot review all messages and other materials submitted or posted by users of the Site, and we are not responsible for the content of these messages and materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including, but not limited to, profiles, public posts, and messages. that we in our sole discretion deem to be in violation of these T&C or any applicable content guidelines, or that are unacceptable. You will be solely responsible for the content of profiles, public posts, messages and other materials that you post/submit to the Site or to users of the Site. You also understand and agree that we cannot guarantee, and assume no responsibility to verify, the accuracy of information provided by other users. of the Site.
7 – NON-COMMERCIAL USE
You understand and agree that our Site is for personal use only and may not be used in connection with any commercial purpose. Organizations, companies and/or companies may not use the Site for any purpose. It is forbidden to illegal or unauthorized use of our Site, including prostitution and/or grooming, as well as the collection of usernames and/or email addresses by electronic or other means, for the purpose of sending unsolicited emails and unauthorized creative products, or links to our Site, and such practices may be investigated leading to the taking of appropriate legal measures, including, but not limited to, administrative, criminal and civil remedies. You understand and agree that your use of our Site is with our permission, which may be revoked at any time and for any reason, in our sole discretion.
8- THIRD PARTY CONTENT, LINKS AND PAGES
By using our Site, you may access third-party content (“Third-Party Content”), either through our Site or through links to third-party websites. We do not control third-party content and do not represent or provide guarantees thereon. We do not endorse or accept any responsibility for any Third Party Content. You recognize and rope that, by using our Site, you may be exposed to Third Party Content that may be false, offensive, indecent, incorrect, incomplete, or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties which may differ materially from our policies. of privacy. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or websites that present such Third Party Content and under no circumstances are we responsible in any way for any Third Party Content, including, but not limited to, any errors or omissions in the Third Party Content, or any loss or damage of any kind resulting from the use of any posted, stored Third Party Content or transmitted by users of our Site. You agree that you must evaluate and bear all risks associated with Third Party Content, including, but not limited to, profiles of other users of the Site.
9- PROPERTY RIGHTS
9.1) Content protected by law: You agree that all content and materials available on our website are protected by our rights, or the rights of our licensors of publicity, copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the trademarks, logos, domains and trademarks you may find on our Site unless you have our written authorization. Except for information in the public domain or for which you are the rights holder, or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the described above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Site in accordance with these T&C. If you download or print a copy of any content for your use personally, you must retain all copyright and other proprietary notices contained in such content.
9.2) Use of Content: You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, collections, compilations, databases, directories or the like, either by manual method, by the use of “bots” or other means. You agree not to use any of our trademarks or logos as meta tags on other websites. You agree not to display anything from our Site in frames (or anything of our content via hot links) without our written permission, which may be requested by contacting us. You may, however, establish common links that redirect access to the home page of our website without our written permission.
10 – CONTENT AS IS
All content on our Site is provided “AS IS”. All content is the responsibility of the person who originated such content. You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of the content existing on our Site, especially those produced by other users of the Site, being the user who reproduced the content responsible for any violations of rights third parties, in this sense.
11 – USERNAME AND PASSWORD
You will select a username/nickname (login) and password when completing the registration process. You agree not to choose a name that could represent you as another person or that could violate the rights of third parties. we can refuse confirmation of your username/nickname that impersonates another person, is protected by trademark or proprietary law, or is in any way vulgar or offensive, as determined in our sole discretion. Your username and password are non-transferable and non-assignable. You are solely and fully responsible for maintaining the confidentiality of your username/nickname and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) promptly notify us of any unauthorized use of your username/nickname and password, or any other breach of security; and (b) ensure that you always log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 10, including damage caused by third parties and/or hackers who in any way so they can access our Site using their username/nickname and password.
12 – SERVICE INTERRUPTION
We reserve the right, at any time, to modify or suspend, temporarily or permanently, any part of our service with or without notice, including access to our Site. You acknowledge and agree that we do not we will be responsible, with you or with third parties, for modifications or interruptions of our service, including access to our Site, to which you agree and acknowledge.
13 - BLOCKING IP ADDRESSES
To protect the integrity of the Site, we reserve the right, at any time and in our sole discretion, to block access to our Site by users of certain IP addresses.
14- REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) you have full civil capacity to enter into and enforce these T&C; (b) your use of our Site will not infringe copyrights, trademarks, rights of publicity or any other other legal rights of third parties; (c) you will comply with all applicable laws when using our Site and engage in all other activities arising out of, or relating to, or having any connection with these T&C, including, but not limited to without limitation, contacting other users of our Site; (d) you have never been convicted of sexual assault and that you do not currently have such charges pending against you; and (e) has all rights necessary to license the content you submit and that the publication and use of your content by us will not infringe or violate any third party rights.
15- DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
15.1) IF YOU USE OUR SITE, YOU DO SO AT YOUR OWN RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXPRESSLY DISCLAIMING ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
15.2) WE DO NOT WARRANT THAT: (A) OUR SITE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION YOU MAY OBTAIN FROM OUR SITE WILL BE ACCURATE OR RELIABLE; (D) QUALITY AND RELIABILITY OUR PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR THAT WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ALL PROFILES ON OUR SITE ARE ACCURATE, CURRENT OR AUTHENTIC; OR (G) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; (H) THIRD PARTIES WILL NOT USE YOUR CONFIDENTIAL INFORMATION UNAUTHORIZED; OR (I) ANY ERRORS IN THE DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL FAILURES OF ANY NETWORK OR PHONE LINE, ONLINE COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL / CHAT OR “PLAYERS” (VIDEO / AUDIO PLAYERS) DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE OR A COMBINATION OF THESE FACTORS, INCLUDING INJURY OR DAMAGE TO USERS OR ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY PERSON'S USE OF OUR SITE OR SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO OUR USERS, ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY OR ANY CONDUCT OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
15.3) IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE THE ONLY ANSWER RESPONSIBLE FOR ANY LOSSES OR DAMAGE YOU MAY SUFFER IN CONNECTION WITH THESE ACTIONS. NO WE ARE RESPONSIBLE FOR ANY INACCURATE OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER SUCH INACCURACIES OR INACCURACIES ARE CAUSED BY USERS OF THE SITE OR ANY OF THE ASSOCIATED PROGRAMS OR EQUIPMENT. WITH OR USED BY THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
15.4) NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU FROM US WRITTEN OR ORALLY, OR THROUGH OR OTHERWISE ORIGINATED ON OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16 - LIMITS OF LIABILITY
16. 1) YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF, RELATING TO OR CONNECTING WITH: (A) YOUR USE OF OR INABILITY TO USE OUR SITE; (B) THE COST OF REPLACEMENT OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM, OR TRANSACTIONS ENTERED THROUGH OR ORIGINATED ON OUR SITE; (C) DISCLOSURE OF UNAUTHORIZED ACCESS OR ALTERATION OF ITS CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER OR OTHER THIRD PARTY ON OUR WEBSITE; (E) ACTIONS OR INACTIONS BY OTHER USERS OF OUR SITE OR OUR SERVICE, OR ANY OTHER THIRD PARTIES FOR ANY REASON; OR (F) ANY OTHER ISSUE ARISING OUT OF, RELATING TO OR CONNECTING WITH OUR SITE OR THESE T&C
16.2) WE ARE NOT RESPONSIBLE FOR ANY FAILURE OR DELAY IN THE EXECUTION OF THESE T&C WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL DISASTERS, GOVERNMENTAL ACTS OR OMISSIONS, LAWS AND REGULATIONS, TERRORISM, STRIKES OR WORK DIFFICULTIES, COMMUNICATIONS SYSTEMS COLLAPSE, HARDWARE OR SOFTWARE FAILURES, TRANSPORT OUTLINES OR DELAYS, OR THE INABILITY TO OBTAIN SUPPLIES OR MATERIALS.
16.3) IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTING WITH OUR SITE, SERVICES OR THIS T&C EXCEED THE SUM OF FIVE THOUSAND ($5,000) AMERICAN DOLLARS, CONVERTED PPTAX ACCORDING TO THE QUOTATION OF BANCO CENTRAL DO BRASIL ON THE DATE OF THE JUDICIAL DECISION TRANSMITTED IN THIS SENSE.
16.4) SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, AS APPLICABLE, SOME OF THE LIMITATIONS IN SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WILL SURVIVE THE TERMINATION OF THESE T&C.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF THESE LIMITATIONS OF LIABILITY ARE AN AGREEMENT ON ALLOCATION OF RISK BETWEEN YOU AND US. YOU AGREE THAT IF YOU DO NOT AGREE TO THE LIMITATIONS OF LIABILITY, WE WILL NOT PROVIDE OUR SITE OR SERVICE OR THE MATERIALS OR CONTENT INCLUDED FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT SUCH PROVISIONS ARE REASONABLE AND FAIR.
17 - INDEMNIFICATION
You agree to defend, indemnify and hold us, our subsidiaries, parent companies, affiliates, and each of our directors, officers, managers, partners, partners, agents, other representatives, employees and users harmless. (each an “Indemnified Party” and collectively, the “Indemnified Parties”), from any claim, demand, action, damage, loss, cost or expense, including, without limitation, attorneys' fees and costs, investigation costs and expenses settlement, incurred in connection with any investigation, claim, action, proceeding or proceeding of any kind brought against any Indemnified Party arising out of your use of our Site, any alleged infringement or of any party's intellectual property rights, any injury or damage to property or person, any act by you in relation to any user or member of the Site or any other third party, whatever uer business practices in which you engage or are accused of engaging, or alleging facts or circumstances that could constitute a breach by you of any provision of these T&C and/or any of the representations and warranties set forth above. If you are required to indemnify an Indemnified Party, we and the Indemnified Party shall be entitled, in our sole discretion, to choose our attorneys, experts and other advisers, conduct our own inquiry into the matter, control any investigation, action or proceeding and determine if and how we want to resolve it. You agree that you will pay the costs and expenses of any Indemnified Party in advance. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Section 16.
18 – COPYRIGHT POLICY
The Site contains information, which is owned by us, our partners and our users. We guarantee full copyright protection on the Site. Information published by us, our partners or users of the Site will be protected, whether or not they are identified as property either by them or by us. You may not publish, distribute or reproduce in any way any copyrighted material, trademarks or other information. proprietary rights without obtaining the written consent of the holder of those proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes infringement copyright holder, provide the following information to us (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work for claiming infringement, including the URL (web page address) of the location where the copyrighted work is located or a copy of the copyrighted work. (c) a description of where the material you claim be infringing is located on the Site, including the URL (d) your address, telephone number and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, by its agent or the law, and (f) a statement by you, made under penalty of perjury or other criminal sanction, that the information in your Notice is accurate and that you are the copyright owner or authorized to act in copyright owner's name. Please note that any person who materially and intentionally misrepresents that the material or activity is infringing may be subject to liability. civil and criminal legal provisions.
19 - LINKS
The Site, or third parties, may provide links to other Internet sites or resources including, without limitation, banner advertisements and hyperlinks to other World Wide Web sites or other resources. Since we have no control over these sites and resources, you acknowledge and agree that we will not be responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible for any content, advertising, product or other material. available on those sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by any third party. Such third parties have their own privacy policies and procedures. You must check privacy policies and procedures before providing any information to them. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged as having been caused in connection with the use of, or reliance on, any content, goods or services available on any such sites or resources.
20 – ARBITRATION AND CLASS ACTION WAIVER
Any dispute arising out of or relating to these Terms and Conditions may be resolved through binding arbitration pursuant to the terms of this Arbitration Provision at your request, or at the request of loverekindled, unless that is prohibited by law. The term “Dispute” means any dispute, claim or controversy regarding any aspect of your relationship with loverekindled that is past due or likely to accrue, whether based on contract, statute, regulation, tort (including without limitation claims s arising out of or relating to misrepresentation or negligence), and includes the validity and enforceability of this arbitration provision (with the exception of enforceability of section (b) of the restrictions clause provided below). Arbitration means that you will get a fair trial before a neutral arbitrator, rather than in court by a judge or jury.
Arbitration Procedures: If the parties are unable to resolve differences or disputes of any nature that may arise in connection with these T&C after good faith negotiations, all such disputes will be submitted to arbitration by a single arbitrator in accordance with the provisions of the Arbitration Act of the Province of Ontario in the States of Canada. The arbitrator will be proposed by the Province of Ontario, CA Arbitration Service, must be approved by the parties. O place of arbitration shall be Ontario, CA, and the language of the proceedings shall be English. The arbitrator's decision will be final and binding, but the arbitrator's judgment may be entered in any court having jurisdiction and enforcement immediately thereafter. or other legal process may issue the same. Arbitration costs will be paid as determined by the arbitrator. If an award is awarded by the arbitrator in excess of US$5,000 (five thousand US dollars), converted to the Real of In accordance with the PPTAX quotation published by the Central Bank on the date of the decision rendered, either party may appeal the decision of a panel of three arbitrators administered by the same organization, through a written notice of appeal filed within thirty (30) days from the date of entry of the arbitral award. The members of the three arbitration panel will be selected in accordance with the rules of the arbitration organization. The decision of the panel of three arbitrators shall be final and binding, except for any right of appeal that exists under the Arbitration Act of the Province of Ontario, CA.
In the event of a conflict between this Arbitration Provision and the rules of the chosen arbitration organization, this Arbitration provision will govern. If the arbitration organization does not enforce this Arbitration Provision, it cannot serve as the arbitration organization to resolve the dispute. If the above arbitration organization is not available or authorized to arbitrate the dispute, for any reason, the parties must agree on an arbitration organization substitute. If the parties cannot reach an agreement, they must mutually petition a court of appropriate jurisdiction to designate a substitute arbitration organization that will enforce this Provision of Arbitration as written. Restrictions:
A. UNLESS REQUIRED BY LAW, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WILL WAIVE THE RIGHT TO EXERCISE ANY CASE-BASED CLAIM, FACTS OR DISPUTE.
B . ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY APPOINTED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR FILED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON A BASIS INVOLVING DISPUTES THAT BRING A POSSIBED REPRESENTATIVE ABILITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PUBLIC DEFENDER OR A PRIVATE ATTORNEY AT THE EXPENSE OF THE GOVERNMENT OR AN ATTORNEY GENERAL) OR OTHER PERSONS IN A SIMILAR STATUS UNLESS THE STATUTES UNDER WHICH YOU ARE PROCEEDING ALLOW OTHERWISE.
C . ALL PARTIES WAIVE ANY CLAIMS FOR INDIRECT, EXEMPLARY PUNITIVE DAMAGES, OR MULTIPLIED DAMAGES ARISING OUT OF ANY DISPUTE WITH 2743206 Ontario Inc. UNLESS THE STATUTES UNDER WHICH THEY ARE PROCEEDING ALLOW OTHERWISE.
Termination Clause: If any provision of this Arbitration Provision, other than the class action exemption provision, is held to be illegal or unenforceable, that provision shall be severed from this Arbitration Provision, and the remainder of this Arbitration Provision shall be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the Provision of Arbitration will be ineffective, and the dispute will be decided by a court.
Exclusions from Arbitration: You and the Site agree that any claim brought by you or the Site that is not aggregated with the claim of any other person and the value of which is properly within the jurisdiction of a court which is limited to small claims adjudicated shall not be subject to arbitration. Notwithstanding the foregoing, the Site reserves the right to exercise protection tion of intellectual property rights and confidential information through fair redress injunctive relief or otherwise through the courts.
Continued: This arbitration provision will survive termination and/or definitive termination of your access to the Site.
Renunciation of collective and consolidated causes
It is agreed that neither Party shall have the right to participate as a class representative or class member with respect to any disputes subject to arbitration under these T&C or any dispute between the Parties. The parts waive any right to enforce consolidated claims with respect to any disputes subject to arbitration under these T&C or any dispute between the Parties.
Limitation of Liability
Liability for both parties is limited to US$ 5,000 (five thousand US dollars) in damages, converted in accordance with the Real exchange rate published by the Central Bank of Brazil PPTAX on the date of the final court decision. The Parties waive and the Arbitrator has no power to award consequential, indirect, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by these T&C, unless the law under which they are processing provides otherwise. An award made by the arbitrator may be made in any court having jurisdiction for review purposes.
21 - ASSIGNMENT
You have no right to assign this T&C and any of your rights to the Site to anyone. The Site has the right to assign any or all of its rights and obligations under this T&C or to the site or service of any third party. Since that such rights and obligations are assumed by such third parties, the Site will be exempt from any and all liability under this T&C and, in such event, you agree to hold the Site harmless from any and all liability, claims, charges, damages and causes of action in this regard.
22 – WARNINGS
Unless otherwise provided in these T&C, all notices must be emailed to you at the email address provided to us at the time you registered or via notice after a change of address. We can also ship to you notices by urgent mail or registered mail, postage prepaid. Email notifications will be deemed to have been received twenty-four (24) hours after the email is sent, unless the sender is notified that the address email address is invalid or bounced for some other reason. All other notices will be considered received when delivered.
23 -MISCELLANEOUS
Applicable Law; Indivisibility. These T&C shall be governed by and construed in accordance with the laws of the Province of Ontario, CA. If any provision of these T&C is held to be invalid by a court of competent jurisdiction for any reason, (i) the validity, legality and enforceability of the remaining provisions of these T&C (including, without limitation, all portions of the provisions of this T&C that contain such provision held to be invalid, which in themselves are not unenforceable) shall not in any way be affected or impaired, and (ii) to the extent possible, the provision of this T&C that is declared invalid will be modified and replaced by a provision that approximates the intent and economic benefit of the aforementioned provision, which will be interpreted in this way specifically for specific cases, in this sense.
Applicable Law; Indivisibility. These T&C shall be governed by and construed in accordance with the laws of the Province of Ontario, CA. If any provision of these T&C is held to be invalid by a court of competent jurisdiction for any reason, (i) the validity, legality and enforceability of the remaining provisions of these T&C (including, without limitation, all portions of the provisions of this T&C that contain such provision held to be invalid, which in themselves are not unenforceable) shall not in any way be affected or impaired, and (ii) to the extent possible, the provision of this T&C that is declared invalid will be modified and replaced by a provision that approximates the intent and economic benefit of the aforementioned provision, which will be interpreted in this way specifically for specific cases, in this sense.
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Last updated October 1st 2021.