Terms Of Use

Welcome to Love5™! An environment that fosters interaction and participation among its members. Members should thus feel free to participate in exchanging messages , chat and other activities. However, members should keep comments and contributions within the community values of the Service and must comply with applicable laws and the terms of service of Love5. This User Agreement (the "Agreement") describes the terms on which, Love5, Inc or Love5 and its subsidiaries or parents hereby referred to as ("Love5") offers you an account on the Love5 web site ("Love5"). BY PRESSING THE "Register Me As Member" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you have any questions about this Agreement, e-mail terms@Love5.co.uk. Any opinions expressed by a Member are of those of the Member alone, and are not to be attributed to Love5. Love5 cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any Member.
 

1. Amendment and Addenda: Love5 may amend this Agreement at any time by informing you of the amended terms via e-mail to your e-mail address. Such amendments will be effective when Love5 e-mails a notice of the revisions to you. Alternatively or additionally, Love5 may display amended terms to you when you log in to the site, in which case such terms shall be effective when posted by Love5.
 

In addition, Love5 may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to click through such terms.
 

2. Submission and ownership of Content:
 
     a. Definition: Love5 allows you to provide your content (including without limitation text, data, photos and graphics) to Love5 in a number of forms, such as your profiles and Messages to other members. Collectively, the Profiles and other content you provide to Love5 (by uploading such Content to the site or otherwise) is defined as your "Content."
 

     b. License: You retain all ownership rights to your Content. However, by submitting Content to Love5, you automatically grant to Love5 an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. (b) display your Content online and off-line and permit others (including without limitation Love5' co-brand partners) to do the same, and (c) display " portions of your Content online or off-line and permit others to do the same. The Love5™ program, to the extent it exists and whether or not you are eligible to participate, constitutes your only right to compensation for the foregoing licenses. You are free to use your Content offline in any manner you choose. However, Love5 gets users to come to Love5 and your profiles by promising users high quality content they cannot get anywhere else. In order to sustain this traffic draw, by submitting information to Love5, you grant to Love5 (and its sublicensees) the exclusive right to display your information anywhere online.
 

     c. Pursuit of Violators: If Love5 identifies someone who is displaying your Content online in violation of this Agreement and Love5 wishes to take action against the infringer, Love5 may contact you to seek your help with the action. However, Love5 may also directly enforce your ownership rights in the Content against the infringer, and you authorize Love5 to take any actions on your behalf that Love5 reasonably deems necessary or appropriate to protect the parties' respective rights. If Love5 decides to sue the infringer, (1) Love5 may join you as a co-plaintiff to the action, and (2) any resulting damages or settlements attributable to online uses of your Opinions shall be solely Love5's.
 

     d. Removal of information: Currently, Love5 allows you to edit your profile. At any time, without further notice, Love5 may restrict your ability to edit or delete your Opinions.
 

   e. Standards: You agree not to provide any Content to Love5 that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, child pornographic or harmful to minors, (d) contains any viruses, Trojan horses, automated computer scripts, worms, time bombs, e-mail bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortuous or criminal.
 

     f. Content Filtering: Love5 believes that users should decide what content should appear on the site and how it should be displayed. Thus, users have a number of tools (such as the PenTrust™ and rating and filtering mechanisms) to determine the order in which information are presented to them. In general, Love5 does not make editorial determinations about what Content you may or may not display on the site, and of course Love5 DOES NOT ENDORSE OR RECOMMEND any of the opinions or ideas or comments contributed by its users. However, Love5 permits others to make judgments about your Content that may affect the display of your Content. Further, Love5 may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, Love5 may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve Love5' relationships with its service providers (such as its Internet access providers).
 

     g. Other Filtering/ Protection for Children: Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
 

3. Your Honest Identity: The successful functioning of Love5 (including the Trusted Circle™ system) depends, in part, on users telling each other the truth and nothing but the truth about who they are. Thus, you may not (a) establish more than one account (even if the accounts are created using different e-mail addresses or established through co-branded sites), (b) provide incomplete or inaccurate registration information, (c) fail to update your registration information if it changes, (d) select a Member ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, (e) select a photo to identify yourself that deliberately misleads others about your identity, or (f) You may not share your account (or the associated password) with anyone else. Love5 may assume that all activities made using your Member ID and password are authorized by you; thus, if for any reason you suspect that your password has been compromised, you should contact Love5 at once at support@Love5.eu
 

4. Privacy: Because your privacy is very important to Love5, the site offers you a number of choices to facilitate decisions about how you would like Love5 to use and disclose your personal information. By accepting this Agreement, you expressly consent to Love5's disclosure and use of your personal information (including using e-mail to communicate with you) as described in the then-current Privacy Statement, which is incorporated herein by reference.
 

5. Termination: Love5 may terminate your use of the site immediately if (a) you breach any element of this Agreement, (b) you infringe upon the intellectual property rights of a third party, or (c) Love5 is unable to verify any registration information you provide. Alternatively, in such circumstances, Love5 may take some lesser remedies, such as hiding the display of some or all of your Content or suspending your account. If you want to terminate your account, e-mail support@Love5.co.uk. Love5 may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination, at its sole option, Love5 may remove some or all of your Content from the site or leave it available for public review.
 

6. No Warranty: THE Love5 SITE AND SERVICES ARE PROVIDED "AS IS," AND Love5 AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Love5 does not promise or warrant to you that any aspect of the site and system will work properly or will be available continuously.
 

7. a. Liability Limits:
IN NO EVENT SHALL Love5 OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE Love5 SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL Love5 OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THAT OF FEES, IF ANY, PAID BY YOU TO Love5.



     b. Indemnity:
You release and indemnify Love5 and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of Love5 and specifically waive any claims that you may have in this behalf under any applicable law. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Love5 Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

8. Access Limits: Without Love5's CEO's express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including without limitation robots, spiders or scripts), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.
 

9. General: You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. Love5's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Love5 shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. Love5 may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. Love5's suppliers and co-brand partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by a writing, physically signed by both Love5 and you.
 

10. Entire Agreement: This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
 

11. Fees and Taxes: At present, Love5 does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility.

 
12. Governing Law and Arbitration: This Agreement is governed in all respects by the laws of the EURO as such laws are applied to agreements entered into and to be performed entirely within EURO, between  residents. Any controversy or claim arising out of or relating to this Agreement or the Love5 site shall be settled by binding arbitration in accordance with the arbitration rules of the EURO Constitution. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in EURO and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Love5 may seek any interim or preliminary relief from a court of competent jurisdiction in EURO.


Love5Points™ Agreement


13. Eligibility: The Love5 program (the "Program"), operated by Love5, rewards you for writing messages and other activity. To participate in the Program, you must be (a) an individual 18 years old or older, (b) a registered member of the Love5 web site in good standing. Love5 employees are encouraged to submit Content. However, they are not eligible to participate in the Love5 Program, i.e. they cannot redeem their Love5.
 

14. How to Accrue Love5 Credits: You accrue Love5 credits by writing and submitting messages to the site and having members and other users of Love5 participate with you in activities. The exact formula(s) for accruing Love5 credits may change from time to time, but conceptually, the more messages you write, , the more Love5 credits you will accrue.
 

15. Fraud: No compensation or reward system is immune from manipulation by users who are intent on getting something for nothing. Such behavior is detrimental to the entire community and, in particular, Love5's most valued users who play by the rules. Love5 does not tolerate such fraudulent behavior. Thus, you may not engage in any behavior that artificially or fraudulently inflates your impression count or reputation on the site. Without limiting the foregoing, you may not use robots, scripts, or other automated processes to access any portion of the site without Love5' express written permission.
 

16. Love5 Redemption Policy:

     a. Your account page displays the amount of Love5 credits you have accrued that have not yet been redeemed (although, depending on the schedule for updating information, this information may not always be current, and you may only redeem the amount listed on the site even if it is temporarily behind). Love5 may, at any time, in its sole discretion: (1) establish a minimum threshold for the amount of accrued Love5 credits you can redeem at a time, and (2) deduct a redemption fee from your redemption points to cover processing expenses in the form of points or cash.
 

     b. You may request to redeem your Love5 credits after 6 months of registering your account, by following the procedures on the site, which include a request for your Member ID and password. If you fail to provide information verifying your identity when we request, Love5 may disallow and refuse to redeem some or all of your accrued Love5 credits.
 

     c. Note that if your password has been compromised, someone may request a redemption on your behalf. Therefore, if your password has been compromised, you should contact Love5 at once. Love5 will not owe you any payments if it issues a redemption to someone who presents your Member ID and password, even if they did so fraudulently. However, it is fraudulent to try to redeem someone else's Love5 credits, and Love5 intends to refer such cases to local authorities for criminal prosecution.
 

     d. It is fraudulent to try to redeem Love5 credits you have accrued through behavior described in Section 3. If Love5 determines or suspects, in its sole discretion, that you have engaged in such behavior, Love5 may decide to do any or all of the following: (1) terminate or suspend your account, (2) disallow and refuse to redeem some or all of your accrued Love5 credits, and (3) refer your case to local authorities for criminal prosecution. Love5 may delay payment to investigate if you have engaged in fraud. Any decision Love5 makes about the validity of your accrual of Love5 credits is final and binding on you.
 

     e. Love5 may disallow and refuse to redeem some or all of your accrued Love5 if (1) you breach the Agreement or this Addendum, or (2) it has terminated your account (for any reason, including inactivity). Also, if all of your Opinions have reached their Expiration Date, then you must redeem all accrued Love5 within 6 months following your last Expiration Date or you forfeit all accrued but unredeemed Love5.
 

17. Taxes: Love5 rewards may be taxable. You are solely responsible for reporting such payments on your tax returns and paying any associated tax liability.
 

18. Non-transferability: You may not assign or transfer your accrued Love5 credits or the right to redeem them. Accrued but unredeemed Love5 credits are not your property, and thus are not transferable: (1) upon death; (2) as part of a domestic relations matter; or (3) otherwise by operation of law.
 

19. Program Cessation: Love5 may terminate the overall Program or any specific component of the Program (such as a bonus payment program) at any time for any reason by notifying you (by e-mail or otherwise). If the overall Program is terminated, you will have 30 days from the date of such notice to redeem any then-existing Love5 credits in your account pursuant to the terms of this Addendum (including, without limitation, the requirement that redemptions meet the minimum threshold amount).

 
Contests and Promotion

20. Love5 may invite existing and new users/members to participate in online and offline contests from time to time. By participating, entrant (or his/her parent or legal guardian, if entrant is a minor) agrees (a) to the Official Rules and the judges' decisions, which are final and binding; (b) to release and hold harmless Love5, its affiliates, Love5's and co-brand partners and their respective parents, affiliates, subsidiaries, agencies and the officers, directors, shareholders, representatives and employees of any of the above organizations from any and all liability whatsoever arising from his/her participation in such contests or acceptance, receipt, possession or use/misuse of prize, or anything related thereto. 

21. All unspecified expenses (including taxes) are the sole responsibility of winner. Prize is not transferable. No prize substitution except at Love5’s sole discretion. Love5 reserves the right to substitute a prize of equal value, due to prize unavailability. One prize per e-mail address/family/household. Prize will be awarded provided properly claimed. All taxes on prizes are sole responsibility of winner.

22. Love5 and its agencies, co-brand partners and sponsors are not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the contests and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Love5 and its agencies are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in such contests or downloading materials from or use of the web site. . 

23. Governing Law and Arbitration: This Agreement is governed in all respects by the laws of the United States of America as such laws are applied to agreements entered into and to be performed entirely within EURO. Any controversy or claim arising out of or relating to this Agreement or the Love5 site shall be settled by binding arbitration in accordance with the arbitration rules of the EURO Constitution. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in EURO and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Love5 may seek any interim or preliminary relief from a court of competent jurisdiction in EURO