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This is a legal agreement ("Agreement") between you and HSK, LLC, Inc., a Texas Limited Liability Company ("HSK"), which operates LoveStat.com. (“LoveState.com” or “Company”).
By accessing the LoveStat U.S. web site, currently located at www.lovestat.com (the "Site"), including through a mobile application, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. The term “Site” is deemed to refer to use of the Services by means of a computer, a mobile device or a mobile application.
The LoveStat services consist of the following, without limitation: a service for single people ("Singles Service"), interactive content ("Content Services"), any premium services offered by or on behalf of LoveStat ("Premium Services") (collectively, the "Services"). LoveStat 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. LoveStat also reserves the right to cease offering any of the Services.
Your Acceptance of Terms
By accessing the Site and/or using the Services, you accept this agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Services, and terminate your account. You should print a copy of this Agreement and keep it for your records. To-receive a non-electronic copy of this Agreement, please Contact Us or send a letter and prepaid, self-addressed envelope to: 200 S. Oakridge Dr. STE 101, Hudson Oaks, TX 76087.
This Agreement may be modified by LoveStat, in its sole discretion at any time, and such modifications will be effective upon posting by the Company to 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. The last revision date is December 10, 2015.
How to Contact Us
The Site is controlled and operated by HSK, LLC. Please forward any questions, comments, or complaints about the Site to info@LoveStat.com.
Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Services, you represent and warrant that you are at least 18 years old. Marital Status. By requesting to use, registering to use, or using the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Services. Criminal History. By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. If you access the Website and/or Services from outside the United States you are responsible for complying with the laws and regulations of the territory from which you access or use the Website and/or Services. LoveStat DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS or REGISTERED USERS. However, LoveStat 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 Services requires your completion of the Relationship Questionnaire, along with LoveStat's ability to find good matches for you. Occasionally, the LoveStat matching system cannot identify high quality compatible matches for a given individual, in which case the Singles Service cannot be provided.
Paid Subscribers and Subscriptions
You may register as a User at no cost. As a User, you may use some, but not all, of the features and services available within the Site. To access or use additional features and services, including the ability to communicate with other Users who are Paid Subscribers, you must become a paying subscriber to the Services. The subscription policies are disclosed at the time you subscribe and are part of this Agreement.
You acknowledge and agree if you are (i) not a Paid Subscriber, you will not be able to use all the features and services within the Site, including communicating with other Users, (ii) a subscriber, non-Paid Subscribers will not be able to use the Services to communicate with you. A Users profile (whether Paid or Unpaid), may remain posted to the Site even if User is not actively using the Site. You acknowledge that although a User’s profile may be viewed, you may not (even as a Paid Subscriber) be able to communicate with that User using the Service, if that User is not actively using the Service.
Use of Site and Service
As a User of the Site or a paid subscriber of any of the Services (a "Registered User"), you agree to the following:
Account Security All usernames and passwords used for this Site are for your individual use only. You shall be responsible for the security of username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure you log out of your account at the end of each session. The Company shall be entitled to monitor your username and password, and at its discretion, require you to change it. If you use a username and password that the Company considers insecure, the Company will be entitled to require you to change it or terminate your account. Geographic Limitations The Site and Services are intended for use in the United States. The Company makes no representation that the Site, Services, or other content are appropriate or available outside the United States and its territories. If you choose to access the Site from other locations, you do so at your own risk. 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. No Advertising or Commercial Use The Services and Site are for personal use only. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. 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. The Company may investigate and take any legal action in response to illegal and/or unauthorized uses of the Site. If you 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 the Company, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay LoveStat $50 for each such unsolicited communication you send through the Services. Information Submitted You are solely responsible for, and assume all liability regarding the information and content you post, transmit, publish, link to, record, display, upload or otherwise make available (hereinafter "post") through the Services; and/or transmit to other Users, including emails, videos, photographs, voice notes, recordings, or profile text, whether publicly or privately transmitted (‘Content”). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. Any material you send to us or post will not be treated as confidential. Posting and Communication Restrictions You will not post on the Services, transmit to other users, 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 person; is defamatory, inaccurate, abusive, obscene, profane, offensive, 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; requests money from, or is intended to otherwise 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, spimming, phishing, trolling, or similar activities.
The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Site and terminating or suspending the subscriptions of such violators.
The Company may but is not obligated to, monitor or review any Content you post on the Website or as part of the Services. The Company may restrict the number of emails which a User may send other Users in any 24-hour period, to a number that is appropriate in its sole discretion.
Ownership of Proprietary Information You acknowledge and agree that the Company is the owner of valuable proprietary information, including without limitation, the patented compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, "Confidential Information"). The Company 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 User may post copyrighted information, which has copyright 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 Company or third party proprietary information available via the Services or the Site. License to Posted or Accessed Content By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your LoveStat.com account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to LoveStat and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. 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. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of the Company, and Company is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. LoveStat provides these links to you only as a convenience, and the inclusion of any link does not imply that Company endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor.
Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
Term and Termination
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 until terminated hereunder.
You may terminate your account at any time, for any reason by following the instructions on the Account Settings page of the Site. You may terminate your account by following the steps below, or by sending a notice of cancellation to: ___________________________________________, or by email notice of cancellation to Customer Care. The Company requires a reasonable amount of time to process all cancellations. If you cancel your subscription, you will enjoy your subscription benefits until the end of your then-current subscription commitment. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you chose a multi-payment option to pay for your subscription, you must make all the payments even if you cancel your subscription prior to the end of your subscription period.
3-Day Cancellation Regarding the Services, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to LoveStat.com, Attn: Cancellations, ______________________________________. Please include the e-mail address associated with your LoveStat account in this notice. The day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after LoveStat's receipt of your cancellation notice. Cancellation As a Result of Death or Disability If by reason of death or disability you are unable to receive all 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. If you have prepaid any amount for the Service, so much of 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 Services 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 LoveStat. Cancellation Due to Breach of Agreement The Company may terminate or suspend your subscription to the Services at any time without notice, if Company believes you have breached this Agreement. You will not be entitled to any refund, if this Agreement is terminated due to you breaching the Agreement. The Company is not required, and may be prohibited by law, from disclosing the reason for the termination or suspension of your account.
LoveStat reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no 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 order to provide continuous service, LoveStat.com automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. 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.
Disclaimer of Warranty
No Warranties THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COMPANY 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. COMPANY 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. COMPANY 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 Company are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. COMPANY 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 COMPANY. UNDER NO CIRCUMSTANCES WILL COMPANY 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, Company 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 Company's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
Incidental Damages and Aggregate Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY 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 COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY'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 COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. No Liability for non-Company Actions TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY 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.
You agree to indemnify, defend and hold harmless Company, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any claim, demand, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (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. Company 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 Company in asserting any available defenses.
Arbitration of Disputes You and LoveStat agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of LoveStat (a “Dispute”) will be resolved to BINDING ARBITRATION in Tarrant County, Texas, as set forth in this section.
The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of LoveStat’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which LoveStat may elect to have resolved by means other than arbitration.
Notwithstanding the above, LoveStat 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 LoveStat 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 LoveStat 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 LoveStat 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 LoveStat, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. 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.
Digital Millennium Copyright Act Notice
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 LoveStat'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:
Designated Copyright Agent LoveStat.com
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