Welcome to Lovestruck. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:
- You can cancel your membership or delete your account at any time.
- You own your content but give us the right to use it.
- We expect our members to act with respect.
- Lovestruck is not liable for your activities and no warranties are made by Lovestruck.
- We can cancel your account if you act inappropriately.
- We want your feedback, and you allow us to use it.
- There are easy ways to reach us if you have questions or need help.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
3. Information about us
Lovestruck.com is a Service operated by Lovestruck Limited ("We"). We are registered in England and Wales under company number 05859153 and have our registered office at Audley House, 12 Margaret St, London W1W 8RH. Our email address is [email protected] and telephone number is 020 3287 7761. Our VAT number is 943 9389 74.
4. Accessing our Services
4.1 We reserve the right to withdraw or amend the service we provide on our Services without notice (see below). We will not be liable if for any reason our Services is unavailable at any time or for any period.
4.2 We may restrict access to some parts of our Services, or our entire Services, from time to time to users who have registered with us.
4.4 You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Lovestruck of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to Member Data and any other information or content you provide to Lovestruck.
You may register for or log-in to your account via a third-party network, such as Facebook. If you do so, you hereby authorise Lovestruck to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
4.5 When using our Services, you must comply with the provisions of clause 8.
5.1 By becoming a Member the Member warrants and represents that:
5.1.1 the Member is at least 18 years of age;
5.1.2 the Member has not been convicted of any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and
5.1.3 the Member will be using the Service for his/her personal use only.
5.2 We shall have the right in our absolute discretion to refuse to register applications for membership and to terminate memberships at any time.
5.3 An application for membership shall be treated as accepted by us when the Member receives confirmation of his/her membership from Lovestruck.com by e-mail.
6. Payments, Fees, Cooling Off and Auto Renewals
6.1 The membership fees only apply if you upgrade to our Standard or Premium Membership levels.
6.2 Details of the current membership fees are displayed on the Services and are inclusive of VAT.
6.3 The amount payable will depend on whether you opt for the 3 day, 1 month, 3 month, 6 month or 12 month subscription.
6.4 Payment shall be made to us by: 6.4.1 card payment to the account detailed on the Services.
6.5 Payment will not be treated as having been made until Lovestruck.com have received cleared funds in respect of the sum due.
6.6 Members shall not be given access to their or any other Members' Profiles until such time as the membership fees have been received by us.
6.7 Where specified on the payment page of our Services when you applied for Standard or Premium Membership, your subscription will be auto-renewed without notice for the periods stated. You can cancel auto-renewal by following the instructions in the FAQs.
6.8 Any payments charged back via your bank or card issuer will not release you from any of the obligations of these Terms and Conditions. In the event of a chargeback of a legitimate payment you will be charged an additional administration fee of £75 (incl VAT) for each transaction.
6.9 We may at any time change our prices for Standard or Premium Membership. The new rate takes effect if you apply for a new upgrade (whether or not it is your initial upgrade) after we have posted the details of our new price on the Services. Auto-renewals of existing Standard or Premium Memberships will remain at the old price.
6.10 The Standard or Premium Member is informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 he/she enjoys a period of 14 days (“The Cooling-off Period) from from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, the right of withdrawal may no longer be exercised once the Member has accessed and utilised the Services.
6.11 We accept Visa and Mastercard through Worldpay.
6.12 To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Lovestruck) (the “Payment Method”). If you provide your payment information, you authorise us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by contacting us.
7. Members profile
7.1 Members must not include in their Member Profile any telephone numbers, street addresses, e-mail addresses or any other information that would enable other Members and/or any person to contact Members outside the Services.
7.2 Members must not disclose their Membership status in any shape or form.
7.3 We or Lovestruck.com may copy and/or reproduce any information published by Members on the Lovestruck Services in any form and in any manner.
7.4 The Member shall ensure that all information transmitted and/or published on the Services by him/her from time to time is accurate, true, complete and is not misleading and will be regularly reviewed to ensure that it remains so.
7.5 We reserve the right at our absolute discretion from time to time and without notice to amend and/or delete all or any part of a Member's Profile.
8. Acceptable use
8.1 You may use our Services only for lawful purposes. You may not use our Services:
8.1.1 in any way that breaches any applicable local, national or international law or regulation;
8.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.1.3 in any way that may facilitate prostitution or paedophilia; or
8.1.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
8.2.2 not to access without authority, interfere with, damage or disrupt:
126.96.36.199 any part of the Services; or
188.8.131.52 any software used in the provision of the Services from the Services.
8.3 All Contributions and Communications with other members of Lovestruck.com shall conform to the content standards set out in this clause Contributions and Communications without limitation must not:
8.3.1. contain any material which is defamatory of any person;
8.3.2 contain any material which is obscene, offensive, hateful or inflammatory;
8.3.3 promote sexually explicit material;
8.3.4 promote violence;
8.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.3.6 infringe any copyright, database right or trade mark of any other person;
8.3.7 be likely to deceive any person;
8.3.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
8.3.9 be likely to harass, upset, embarrass, alarm or annoy any other person;
8.3.10 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
8.3.11 give the impression that they emanate from us, if this is not the case.
9. Reliance on information posted
Commentary and other materials posted on our Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Services, Member or by anyone who may be informed of any of its contents.
10. Our Services changes regularly
We aim to update our Services regularly, and may change the content at any time. If the need arises, we may suspend access to our Services, or close it indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
11. Information about you and visits to our Services
12. Uploading material to our Services
12.1 Whenever you make use of a feature that allows you to upload material to our Services, or to make contact with other users of our Services, you must comply with the content standards set out clause 8. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of such warranty.
12.2 You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. This license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.
12.3 Any Contributions, Communications or material you upload to our Services will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
12.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Services.
12.5 We have the right to remove any material or posting you make on our Services if, in our opinion, such material does not comply with the content standards set out in clause 8.
13. Linking to our Services
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any Services that is not owned by you.
14. Links from our Services
Where our Services contains links to other Services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Intellectual property rights
15.1 We are the owner of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services.
15.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.4 You must not use any part of the materials on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
15.5 You warrant that you are the author of all information and/or pictures uploaded or otherwise entered onto the Services and assign to Lovestruck.com all copyright in such information and pictures.
16. Membership cancellation and Account termination
16.1 Members may terminate their membership at any time for any reason via the ‘My Account’ page or by emailing [email protected] with your account details.
16.2 Lovestruck.com may terminate or suspend a Member's membership and access to the Service with immediate effect and either with or without notice:-
16.2.1 if the Member fails to make any payment due to Lovestruck.com when due; and/or
16.2.2 if the Member is in breach of any of the terms of this agreement; and/or
16.2.3 if Lovestruck.com is unable to determine the accuracy and/or validity of any information provided by the Member; and/or
16.2.4 for any other commercial or technical reason.
16.3 Any notice shall be sent to the Member's email address as provided in his/her application for membership.
16.5.1 immediate, temporary or permanent withdrawal of your right to use our Services.
16.5.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Services.
17.1 You undertake fully and effectively to indemnify and keep indemnified at all times Lovestruck.com and its officers employees agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or Lovestruck.com directly or indirectly in respect of:-
17.1.1 access to and/or use of the Service by the Member;
17.1.2 any information data or material published or transmitted by the Member;
18. Our liability
18.1 The material displayed on our Services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
18.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
18.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Services or access to the Services and any materials posted on it.
18.2 Lovestruck.com expressly excludes liability for consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by you or a Member.
18.3 If any part of this clause 18 is held to be invalid, Lovestruck.com shall only be liable to the Member for an amount not exceeding the sum paid by the Member for the provision of the Services.
18.4 Notices of any claims against Lovestruck.com shall be made by the Member within 10 days of the alleged incident giving rise to the claim together with sufficient evidence to show to Lovestruck.com's reasonable satisfaction that it is liable.
18.5 No part of this clause 18 shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
19. Verification Service
19.1 The Lovestruck Verification Service is an identity authentication service, conducted via cross-checking of various social IDs. Accordingly, it may not be used in whole or in part as a factor in determining eligibility for a background check.
19.2 We assume no liability to you related to this service, even if we are negligent. In particular, we are not liable for any consequential damages or incidental damages, even if advised of their possibility, or punitive damages.
19.3 You agree to pay for our defence of any third party's claim related to your breach of any of these terms or related to your negligence or wrongful act or omission related to the Verification service. You agree to pay any settlement or judgment entered for any such claim.
21. Jurisdiction and applicable law
22. Support and Questions
We will respond to any questions regarding the Services and these Terms via [email protected]. We generally respond support requests within 10 days after the request is placed.
Thank you for visiting our Services.