Welcome to Loveback. This Terms of Service agreement (the "Agreement") is our terms of service that governs our relationship with users and others who interact with the Loveback platform, application and website, as well as Loveback brands, information, resources, tools, products and services, which we call the “Loveback Services” or “Services.” By using or accessing the Loveback Services, you understand and agree to accept and adhere to the terms and conditions as stated in this Agreement along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy section below for more information), as updated from time to time in accordance with Section 13 below, and applicable laws, regul.no-bulletations and generally accepted online practices or guidelines.
If you are a Creator as defined below, you understand and agree to accept and adhere to the terms and conditions of our Creator Agreement.
This agreement is in effect as of January 1 2016.
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Agreement. Click here to read our Privacy Policy in its entirety.
You understand and acknowledge that your use of the Services (including, without limitation, Loveback Content as defined in section 2(c) below) is a privilege and not a right. Subject to this Agreement, Loveback grants you a non-exclusive, limited, personal license to use the Services and the Loveback Content in accordance with this Agreement. You agree you will (and will ensure others):
Loveback provides Users the opportunity to make monetary contributions (“Contributions”) to the content creators seeking support through Loveback (“Creators”). By making a Contribution, you become a “Contributor”. If the Creator so decides, the Creator may share all or part of any Contribution with a charity or other third party recipient (“Beneficiary”).
All Contributions are non-refundable by Loveback and are made in your sole discretion. You are solely responsible for determining the tax deductibility, if any, of any Contribution. Please consul.no-bullett an accounting professional for advice regarding the tax consequences of making Contributions and receiving Rewards.
Making a Contribution to a Creator does not:
Loveback is a peer-to-peer system based on mutual appreciation and support and is not intended to facilitate a purchase of any product, experience or content. A Creator may offer one or more Rewards to a Contributor (“Rewards”), such as a special experience, goods, or additional content, however. Any Rewards offered to a Contributor by a Creator are strictly between the Contributor and the Creator. If any Reward consists wholly or partly of any stored monetary or virtual value or other credit toward or discount on a future purchase or exchange (“Credit”), such Credit is not refundable or transferable and may only be used by the Contributor who earned it, in ful.no-bulletl or partial exchange for a Reward that complies with Loveback’s policies.
Loveback does not represent, warrant or guarantee that:
Any event, experience, product or other Reward accepted by a Contributor is accepted at the sole risk of the Contributor. Contributor acknowledges and agrees that neither Loveback nor any Creator shall have any liability for any cost, damage, harm or injury suffered by any Contributor, or any other person, as a resul.no-bullett of such Contributor or other person’s acceptance of any Reward.
All Contributions will be paid to the intended Creator and/or that Creator’s designated Beneficiary, less our fees. Fees may be adjusted at any time as Loveback decides in its sole judgment and discretion. Fees are nonrefundable.
Processor fees and other fees and charges may apply and/or be deducted from Contributions.
We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the User Submission posted by Users of these various communication tools, which means that if you choose to use these tools to submit any type of User Submission to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any User Submission that:
Loveback Users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
We respect other people's rights, and expect you to do the same. You therefore agree that:
If you make a payment on Loveback, you agree to our Payments Terms unless it is stated that other terms apply.
We reserve the right to change this Agreement from time to time. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after being notified of such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Loveback to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Agreement shall terminate, but all provisions of this Agreement that by their nature shoul.no-bulletd survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudul.no-bulletent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-Users who interact with Loveback outside the United States:
You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.
We may verify the Creator’s and the Beneficiary’s identities before Contributions are paid to them. Creators and Beneficiaries agree to cooperate in our verification process, which may involve an interview and/or document review. Verification may resul.no-bullett in a delay of Contributions being transferred or reversal and refund as Loveback determines in its sole discretion and judgment.
Discrepancies in or false or misleading statements or misrepresentations as to the Creator, Beneficiary or uses of Contributions may resul.no-bullett in Contributions being refunded and/or accounts being suspended or terminated. In that event, if Contributions have been disbursed to a Creator or Beneficiary, Creator and Beneficiary are solely responsible for ensuring that all Contributions are refunded promptly to all Contributors without deduction for any fees paid or payable by you.
Loveback may give you the opportunity to post an "embed," or code or widget that creates a Loveback graphic, functionality and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of Loveback embeds is subject to this Agreement, that you will not post any Loveback embed on a web page containing Content that is prohibited under this Agreement, and that you will remove all Loveback embeds immediately upon termination of this Agreement.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Loveback'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:
The above information must be submitted to the following DMCA Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify our DMCA Agent in writing including the following information:
Loveback may contain links to third-party websites, advertisers, or services that are not owned or controlled by Loveback. Loveback has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Loveback, you do so at your own risk, and you understand that this Agreement and Loveback's Privacy Policy do not apply to your use of such sites. You expressly relieve Loveback from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on Loveback, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Loveback shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regul.no-bulletation or code that has the same effect or intent as the foregoing release.