Terms of Service / User Agreement / Disclaimer
This website and its component services (referred to herein as "Site" or "Service") are presented to you on the terms and conditions set forth below by localandlucky.com. By accessing or using this Service, you ("You") agree to each and every term and condition stated below, and as may be revised from time to time. By accessing or using this Site or Service, you hereby state and affirm that You have read, understood in full, and agree with all of the following terms of service ("Agreement" or "TOS"):
1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
- You must be of legal age to enter into binding agreements (such as this), meaning you must be at least 18 years of age (21 in some jurisdictions). This Site may contain images, language and sounds that are sexually erotic in nature. By accessing or using this Service, You represent and warrant that you are not offended by images of nudity, sexually charged language, and that You choose to be exposed to same herein. If you have a person under the age of majority in your household or who might otherwise gain access to this Site via your computer, the Company strongly encourages you to install filtering software to prevent access to this Site by a minor or a person who may be offended by its content. You represent and warrant that you will not allow a minor access to this Site. In accordance with 47 U.S.C. 230(d), You are hereby informed that You may research online saftey filters at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. We do not make any warranty or representation regarding these products so We highly recommend You conduct responsible due diligence before installing or purchasing any online filter. Further, We cannot and will not provide technical support for these products. By using the Service, You expressly authorize the Company to communicate with you via electronic messaging, to the email address you have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.
2. FOR AMUSEMENT PURPOSES ONLY
- The Service offered for Your personal, non-commercial use. You comprehend, acknowledge, and accept that our Service, presented in the style of an online dating service, is an entertainment service. All content is provided for the entertainment and amusement of You. Our Site does not guarantee that You will find a date, partner, or participant, or that you will meet any member, user or profile in person.
3. LIMITATION OF SERVICE
- These General Terms of Service (hereinafter referred to as "ToS") represent the exclusive basis for all legal relationships established between us and you, related to the use of this Service.
4. POSTED CONTENT / LIMITS & RESTRICTIONS
- The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by U.S. federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this Agreement is intended to waive or remove any such immunities and privileges.
You are solely responsible for any content you post or upload or transmit on the Site or through the Service, and you represent and warrant that you have all legal rights necessary to do so, including but not limited to rights under copyright.
- You agree to indemnify and hold the Company, and its affiliates, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content you submit, post to, text or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
6. MODIFICATIONS TO SERVICE
- You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.
8. DEALINGS WITH ADVERTISERS/MARKETING PARTNERS
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.
- The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
10. PROPRIETARY RIGHTS
- You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.
The Company grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
- All disputes arising out of or in connection with this Agreement or Your access to or use of the Site or any Service must be submitted to and settled under binding arbitration under the Rules of Arbitration of the International Chamber of Commerce before one arbitrator appointed in accordance with the said Rules. Arbitration shall take place in Anguilla or other mutually agreed upon location. This Agreement shall be governed by the laws of Anguilla.
12. NO CLASS ACTION
- As a material inducement to Company's offering of the Site and Service to You, and for entering into this Agreement, You represent, warrant, covenant and agree that You shall not initiate, nor participate in - whether as a named plaintiff or as a member of any class of plaintiffs or aggrieved parties - any Class Action lawsuit or action, whether brought in a judicial proceeding or an arbitration proceeding, against Company and/or its directors, managers, officers, shareholders, employees or agents arising out of or relating to this Agreement or the Site or any Service offered through the Site. It is hereby understood and agreed that damages may be an inadequate remedy in the event of a breach of this provision, and that any such breach will cause Company irreparable harm and damage. Accordingly, You acknowledge and agree that Company shall be entitled to immediate injunctive or other equitable relief and to attorneys' fees and costs, without waiving any additional rights or remedies available at law or in equity or by statute, in the event of actual or threatened breach of this provision by You.
- Should any section or provision of this Agreement, or part thereof, be rendered or declared invalid in any proceeding having jurisdiction over this Agreement, such invalidation shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.
14. DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL DAMAGES RESULTING FROM EMOTIONAL DISTRESS OR ANY OTHER HARM OR INJURY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO INTERACTIONS OR COMMUNICATIONS FROM OR WITH ANY OTHER MEMBER OR PROFILE . THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE. YOU EXPRESSLY RELEASE AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY CLAIM, WHETHER BASED IN TORT, CONTRACT, STATUTE, REGULATION OR ANY OTHER THEORY, BASED ON OR ARISING FROM YOUR USE OF THE SITE OR YOUR COMMUNICATIONS WITH ANY PROFILE OR PERSON APPEARING ON THE SITE OR ANY COMMUNICATION WITH ANY PERSON WHATSOEVER THROUGH THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. COPYRIGHTS / DMCA AGENT
- The Company respects the intellectual property rights of others, and we ask our members to do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder. If you believe that material in which you hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company's Agent for receipt of notices of alleged copyright infringement (see below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - A description of the copyrighted work that you claim has been infringed; - A description of where the material that you claim is infringing is located on the site; - Your name, address, telephone number, and email address; - A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - A written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
19. ADDITIONAL USER AGREEMENT
- By using this Service and/or applying for membership and subsequently becoming a member of this site, You hereby state and affirm that:
19.1. You are at least 18 (eighteen) years of age.
19.2. You acknowledge you cannot, will not and shall not, use any material obtained by and through this site in any commercial or professional manner, for any reason, at any time.
19.3. You shall be issued a Username and Password in order to gain access to this site and all content therein. You agree and understand that the Username and Password, and all material viewed must remain under your personal control and you assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this site including but not limited to, allowing any other person under the age of majority to view, examine, or be subjected to the material. Logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this agreement, with resultant removal of Username and Password without recourse, refund, or further warning. You further agree that you shall use the Username and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. You further agree you will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this site to any other natural person, for any reason, at any time.
19.4. You understand that this site does not make any warranty, express or implied, as to the content or nature of any material within this site, as being suitable for any purpose, real or imagined. For that reason the You agree and understand that the membership will continue with full force and effect for the period of time you are subscribed. You understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this site to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this site cannot guarantee compatibility of your equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, or on-line service.
19.5. You understand that you access this site voluntarily and you assume all risks in doing so. You are responsible for your own actions and agree to hold Company completely and irrevocably harmless from your own actions
19.6. You further assume all responsibility and liability for transmitting data or material(s) and all contents of said data, at your own risk, to or from this site's Web Server, by any known or as yet unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof.
20. NONCOMPLIANT TRAFFIC METHODS
- You understand that the permitted promotional methods of sending traffic to this site are limited to: Display, Email, Membership Banners (display), Search, SEO, Social, Native and in some cases with approval Push traffic is allowed. From time to time you will be directed to this site via a means other than the above aforementioned promotional methods. You agree that using this site you have given up your right to complain or otherwise request any form of compensation to damages, incurred or implied, resulting from the promotional methods used to bring you to the site. You further agree to waive all rights of compensation resulting from exposure to nudity, excessive emails, spam or bulk email regardless of the jurisdiction from which you reside, travel to or operate in.
This site’s data processor is Crix Ltd, Tenancy 10, Marina House, Eden Island, Mahe, Seychelles