www.loveontheline.com Website Terms and Conditions
THESE TERMS AND CONDITIONS ("Terms") govern the use of the content and material which is located at www.loveontheline.com ("the Website") by Users.
Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.
Definitions:
"LOTL" means Love on the Line [Limited], a company registered in England with company number [ ], whose principal office is at [ ];
"Content" means any content, emails, messages, photos or Profiles submitted or sent by Users to LOTL or its employees or its agents, through their Use of the Website;
"Profile" means the information held by LOTL about a User,
"Subscriber" means a User
"Terms" means the terms and conditions set out herein;
"Use" means registering and updating Profiles, looking at the Profiles of other Users, contacting other Users, LOTL or its employees and / or its agents
"User" means any person who registers their details with the Website and thereby agrees to comply with these Terms;
"Website" means the website www.loveontheline.com
LOTL
1. The Website is owned and managed by LOTL.
2. LOTL can be contacted by writing to LOTL at [ ]or by email at [ ]Registration and Subscription
3. You must be eighteen (18) years old or over to Use the Website.
4. By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
5. The Website is provided for the personal Use of individual members only and you may not Use the Website in connection with any commercial venture. If you are an organisation, a company and/or a business you may not register with the Website or Use it for any purpose.
6. You may register with the Website for free.
7. It shall be at LOTL's sole discretion whether to accept any Content, including Profiles.
Use of the Website
8. You shall only Use the Website for the purpose of facilitating online introductions.
9. You shall comply with all U.K., U.S., foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
10. In the event that LOTL, in it's sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Website or sending abusive, harassing or threatening communications to LOTL, its agents and or its employees, LOTL reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website; in the case of illegal Use, instigating legal proceedings, and in the case of submitting an inappropriate Profile, disabling such Profile without any notice to you.
11. You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users.
12. You must not provide any false information in respect of your name, age, marital status or location to LOTL. In the event that LOTL has reason to suspect that you have provided such false information, LOTL reserves the right to terminate your Use of the Website and/or disable your Profile.
13. In the event that LOTL, in it's sole discretion, considers that any Content violates these Terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, LOTL reserves the right to take any action that it deems necessary, including, but not limited to, disabling such Profile, deleting such Content, restricting the number of emails that you can send to other Users or terminating your Use of the Website. Some examples of the types of Content that LOTL considers to violate these Terms are any Content that:
a) expresses or implies that any statements made by you are endorsed by LOTL;
b) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c) harasses or advocates harassment of another person;
d) displays pornographic or sexually explicit material of any kind;
e) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
f) promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
g) promotes any illegal activities;
h) promotes illegal or unauthorized copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
i) provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
j) contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
k) solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
l) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
m) promotes information that you know to be false or misleading;
n) contains inappropriate Profile e.g. names or contact details;
o) engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of LOTL.
14. By publishing or displaying any Content on any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to LOTL an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by LOTL and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights.
15. You are solely responsible for your interactions with other Users. LOTL reserves the right, but has no obligation, to monitor any dispute between you and another User.
16. In the event that LOTL denies you access to the Website on a permanent or temporary basis for any reason, you must then not attempt to use the Website under any other name or through any other User. If a Profile is disabled due to inappropriate Profile, LOTL shall not notify such User.
17. LOTL will operate the Website with the reasonable skill and care of an online service provider.
18. LOTL will use reasonable endeavours to maintain the operation of the Website, however it may be necessary to temporarily suspend the Website for operational reasons, including but not limited to repairs, planed maintenance or upgrades. LOTL will use reasonable endeavours to restore the Website as soon as possible after any suspension. LOTL shall not be liable to you for any such suspension.
19. LOTL reserves the right to make changes to the Website from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.
Term and Termination
20. These Terms will remain in full force and effect while you are a User of the Website.
You may cease to be a User at any time, for any reason.
LOTL may at any time, terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website on provision of reasonable notice.
LOTL may terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website with immediate effect in the event that you have breached these Terms.
Intellectual Property
25. The intellectual property (copyright, trade marks, patents, design rights etc) associated with the functionality and design of the Website is either owned by or licensed to LOTL. The intellectual property (copyright, trade marks, patents, design rights etc) associated with the Content is either owned by or licenced to LOTL or owned by a User.
26. You are expressly prohibited from:
(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
(ii) removing, modifying, altering or using any registered or unregistered marks/logos owned by LOTL, including but not limited to the mark "loveontheline" and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to LOTL without first obtaining the written permission of the owner of the intellectual property.
Disclaimer
27. The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by LOTL and, to the maximum extent permitted by law, LOTL shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Website.
28. LOTL are not responsible for the conduct of Users either online or offline
29. The Website may contain errors and, from time to time, may not be accessible by Users. The information provided on the Website by LOTL is intended as information only and does not constitute advice.
Warranties, Liabilities and Indemnity
30. LOTL cannot guarantee and do not promise any specific results from Use of the Website. To the maximum extent permitted by law, LOTL expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.
31. To the maximum extent permitted by law, LOTL shall not be liable for any loss, injury or damage caused in whole or part by, or failures, delays, interruptions or otherwise of, the provision of the Website services; and shall not be liable for any direct, consequential, incidental, liquidated or special losses or damages, arising out of, or relating to the use or inability to use, the information provided on the Website or any decision made or action taken in reliance or partial reliance on the information provided on the Website.
32. In the event that you have a claim or right of action against any other User arising from that User's Use of the Website, you agree to pursue such claim or action independently of and without any demands from LOTL, and you release LOTL from all claims, liability and damages arising from or in any way connected to such claim or action.
33. In the event that a claim or action is brought against LOTL arising from your activities or Use of the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend LOTL in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow LOTL to assume the exclusive defence and control of the matter.
Data Protection and Privacy Policy
34. LOTL is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website.
35. LOTL is the data controller of your data submitted using the Website. LOTL is registered under the Data Protection Act 1998 (DPA) and LOTL complies with the DPA in all our dealings with your personal data.
36. When Using the Website, you hereby consent to LOTL processing your personal data to the extent necessary to facilitate online introductions and to enable LOTL to operate the Website for the purposes for which it is reasonably intended to be operated. For the avoidance of doubt, you hereby expressly give your consent to LOTL processing data provided by you in respect of your sexual orientation.
37. LOTL reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information.
38. Links to third party websites may appear on the Website. Such third party websites are not the responsibility of LOTL and LOTL accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
Changed Terms
39. LOTL may alter or amend our terms and conditions by giving reasonable notice.
Law and Jurisdiction
40. These Terms shall be governed by and construed in accordance with the laws of England.
41. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.
Rights of Third Parties
42. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
Miscellaneous
43. You may print and keep a copy of these Terms, which form the entire agreement between you and LOTL and supersede any other communications or advertising with respect to the Website.
44. Failure by LOTL to enforce these Terms does not constitute a waiver of such right.
45. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
46. LOTL shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of LOTL. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions. without first obtaining the written permission of the owner of the intellectual property.
