Terms of Use
Effective as of November 25, 2019
Welcome to LoveShack.org! The LoveShack.org website (the “Service”) is an online information and communication service comprised of various web pages provided and operated by LoveShack.org and its owners (“LoveShack.org”).
Please read this Agreement carefully before accessing or using the Service. The Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Service constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
LoveShack.org is an interpersonal relationship advice and assistance center providing a platform to confront personal conflicts, promote participation in self-discovery and responsibility, and to share dating tips, love advice, and platonic relationship resources. LoveShack.org is designed and operated to promote collaboration and to offer support to persons seeking advice.
“LoveShack.org” and the “LoveShack.org Heart” design are trademarks of LoveShack.org. Other marks which appear on this website may be marks of third parties that are not affiliated with LoveShack.org. LoveShack.org and its affiliates do not control or endorse the content of third party websites.
Operating Policies
You agree to comply with the Operating Policies set forth in Exhibit A (as they may be amended by LoveShack.org from time to time), which are the rules that govern your activity in connection with the Service. LoveShack.org has the right but not the obligation to remove any communications and materials that LoveShack.org believes in its sole discretion violate the Operating Policies.
Privacy
Your use of LoveShack.org is subject to LoveShack.org’s Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.
Electronic Communications
Visiting LoveShack.org or sending e-mails to LoveShack.org constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail and on the Service, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign, sell, or otherwise transfer your account to any other person or entity. You acknowledge that LoveShack.org is not responsible for third party access to your account that results from theft or misappropriation of your account. LoveShack.org and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
LoveShack.org does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use LoveShack.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
LoveShack.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LoveShack.org and LoveShack.org is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. LoveShack.org is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LoveShack.org of the site or any association with its operators.
Certain services made available via LoveShack.org are delivered by third party sites and organizations. By using any product, service, or functionality originating from the LoveShack.org domain, you hereby acknowledge and consent that LoveShack.org may share such information and data with any third party with whom LoveShack.org has a contractual relationship to provide the requested product, service, or functionality on behalf of LoveShack.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is LoveShack.org. You may print and download portions of material from the different areas of the Service solely for your own personal, non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your own personal, non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of LoveShack.org or any third-party information provider to the Service.
You are granted a non-exclusive, non-transferable, revocable license to access and use LoveShack.org strictly in accordance with these terms of use. As a condition of your use of the Service, you warrant to LoveShack.org that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of LoveShack.org or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. LoveShack.org content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LoveShack.org and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of LoveShack.org or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Service may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, or with a group, or individual (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of an example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from enjoying and using the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
LoveShack.org has no obligation to monitor the Communication Services. However, LoveShack.org reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LoveShack.org reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
LoveShack.org reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in LoveShack.org’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. LoveShack.org does not control or endorse the content, messages, or information found in any Communication Service and, therefore, LoveShack.org specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers, hosts, and moderators are not authorized LoveShack.org spokespersons, and their views do not necessarily reflect those of LoveShack.org.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to LoveShack.org or Posted on the LoveShack.org Service by You
LoveShack.org does not claim ownership of the materials you provide to LoveShack.org (including feedback and suggestions) or post, upload, input, or submit to any LoveShack.org Service or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting LoveShack.org, our affiliated companies, and necessary sublicensees a non-exclusive, royalty-free, worldwide, perpetual license to your Submission, and you are granting LoveShack.org permission to use your Submission including, without limitation, the rights to: sublicense, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works of, and reformat your Submission (including, without limitation, ideas contained therein for new or improved products and services), and to publish your name in connection with your Submission by all means and in any media now known or hereafter developed.
No compensation will be paid with respect to the use of your Submission, as provided herein. LoveShack.org is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LoveShack.org’s sole discretion. You agree that you shall have no recourse against LoveShack.org for any alleged or actual infringement or misappropriation of any proprietary rights with respect to your Submission.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Use of the Service
You agree and understand that LoveShack.org cannot and does not guarantee or warrant that the Service will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. We will do our best to ensure that the Service is safe; however, you are ultimately responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Service. LoveShack.org does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service, and LoveShack.org shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. LoveShack.org does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service is provided on an “as is, as available” basis.
You understand further that content available to you via the Service may contain unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. LoveShack.org has no control over and accepts no responsibility whatsoever for such materials.
Third Party Login Accounts
You will be able to connect your LoveShack.org account to third party accounts. By connecting your LoveShack.org account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
This Service is controlled, operated, and administered by LoveShack.org from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LoveShack.org Content accessed through LoveShack.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless LoveShack.org, its officers, directors, employees, agents, licensors, suppliers, and any third parties, for any and all losses, costs, liabilities, and expenses (including reasonable attorney’s fees) related to or arising out of your use of or inability to use the Service or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. LoveShack.org 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 LoveShack.org in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator, and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LoveShack.org agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOVESHACK.ORG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
LOVESHACK.ORG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. LOVESHACK.ORG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOVESHACK.ORG AND/OR ITS SUPPLIERS BY LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LOVESHACK.ORG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Termination/Access Restriction
LoveShack.org reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LoveShack.org as a result of this agreement or use of the Service. LoveShack.org’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LoveShack.org’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by LoveShack.org with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LoveShack.org with respect to the Service and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and LoveShack.org with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
LoveShack.org reserves the right, in its sole discretion, to change the Terms under which LoveShack.org is offered. The most current version of the Terms will supersede all previous versions. LoveShack.org encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
LoveShack.org welcomes your questions or comments regarding our Terms via e-mail at: [email protected].
Exhibit A
Operating Policies
LoveShack.org reserves the right to monitor all content on the Service, including transmissions sent via electronic mail, messaging, and any other forms of communication transmitted electronically via the Service, and to remove content which LoveShack.org, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies.
In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
- Unless you are participating in an area of the Service that requires or encourages full disclosure of your identity, use a non-identifying pseudonym in online communications.
- You may not post or transmit any message which is libelous, defamatory, or which discloses private or personal matters concerning any specific person.
- You may not post or transmit any message, data, image, or program which is indecent, obscene, or pornographic.
- You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, programs, trade secrets, or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the Service.
- You may not post or transmit any file which contains viruses, worms, “Trojan horses,” cryptomining, or any other contaminating or destructive features.
- You may not post or transmit any message which is harmful, threatening, abusive, or hateful. It is not the Service’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, LoveShack.org reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
- You may not post or transmit charity requests, petitions for signatures, chain letters, or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You may not post or list articles which are off-topic according to the description of the group, list, or forum, or send unsolicited mass communication to 10 people or more if such communication could reasonably be expected to provoke complaints from its recipients.
- You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes on the rights of others.