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And the Lord God said, “It is not good that man should be alone;
I will make him a helper comparable to him.”
Genesis 2:18

Terms of Use

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Last Revised: 27 March 2018

ThisLuv.com is a business in the online dating industry that is designed for single men (never married/divorced/widowed) to connect with other single women (never married/divorced/widowed), and vice versa, for the purpose of exclusive romantic relationships, with the goal of marriage. ThisLuv.com (the website) is operated by PAULPHILI, LLC 3162 Schoolhouse Road, Brownington, Vermont, 05860, United States of America (hereinafter “ThisLuv.com”).

This Terms and Conditions (the "Agreement") is a legal agreement that governs our relationship with users and others that interact with ThisLuv.com and our subsidiaries and affiliates ("ThisLuv.com," "we," or "us") in connection with the use of ThisLuv.com websites (including  www.ThisLuv.com) (the "Sites") and our Services. ThisLuv.com currently makes services, products and features available through our Sites, applications, which include Mobile Software and applications available on social networking Sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products and all products, services and features provided by ThisLuv.com in connection therewith shall be referred to collectively as, the "Services"). ThisLuv.com may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement and any policy or guideline will apply to all additional services or products and all modified or revised Services unless otherwise indicated. ThisLuv.com also reserves the right to cease offering any of the Services in its sole discretion at any time without notice. You agree that ThisLuv.com shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services. When we change the Agreement, we will update the "last revised" date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately, which notice shall, at a minimum, consist of posting the revised Agreement to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you object to any provision of these terms and conditions and/or the PRIVACY POLICY you must immediately cancel your membership and cease accessing and using the website as contemplated by section 13.

1. Eligibility and membership


You may not be a member of ThisLuv.com or access and use the service if: (a) you are under the age of 18 years old, (b) married and not separated or in a de facto relationship, (c) you have been convicted of a felony and/or are a sex offender with any government entity. ThisLuv.com does not currently conduct criminal background screenings on it members. Nevertheless, ThisLuv.com reserves the right to conduct any criminal background check, at anytime and using available public records, to confirm your compliance with this clause. By agreeing to these terms and conditions, you hereby authorize any such check. (d) You have previously been banned from using the website or similar services.

2. Use of Site, service and registration


As a user of the Site or a user registered to use any of the services (a “Registered User”), you agree to the following: (a) when registering as member of ThisLuv.com, you must ensure that all information you provide is up-to-date and accurate. You acknowledge that is your responsibility to notify ThisLuv.com of any amendments to your information by accessing the “My Profile” tab on the Site. (b) You may only create one unique profile on the website. If requested, you must provide ThisLuv.com with a form to verify your identification. All personal information provided by you to ThisLuv.com will at the time of your registration on the Site be treated in agreement with the PRIVACY POLICY. (c) You understand that you are accountable for maintaining the confidentiality of the username and password of your account; you are fully responsible for all activities that occur under your account, including the purchase of any of our paid services. (d) You will only use the service for your sole, personal use and not in connection with any commercial endeavour. (e) You assume all risk when using the services, including but not limited to all risks associated with any online or offline interactions with others, including dating. When communicating with a stranger who wants to meet you there is no substitute for acting with caution. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. You may refer to our DOS AND DON'TS (f) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. (g) ThisLuv.com may not be able to provide matches for everyone seeking to use its services. Moreover, you understand ThisLuv.com makes no guarantees, either expressed or implied, regarding your match with individuals you meet through the singles service or as to the conduct of such individuals. (h) You will promptly report any violation of the Agreement by others, including but not limited to, registered users. (i) ThisLuv.com reserves the right, but has no obligation, to monitor the information or material you submit to the services or post in the public areas of the service. ThisLuv.com will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either this Agreement or upon request of any third party. ThisLuv.com furthermore reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site. (j) You may not post on the services, broadcast to other users, and communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the services, that:

  1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;

  3. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

  4. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;

  5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

  6. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

  7. contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

  8. intended to defraud, swindle or deceive other users of the Services;

  9. uses scripts, bots or other automated technology to access the Site or Services;

  10. contains viruses, time bombs, Trojan horses, cancel bots, worms or other harmful, or disruptive codes, components or devices;

  11. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

  12. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;

  13. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

  14. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

  15. collects or solicits personal information about anyone under 18; or

  16. solicits gambling or engages in any gambling or similar activity;

  17. uses the Site or Services for chain letter, junk mail or spam e-mails;


(k) You will not harass, annoy, intimidate or threaten any ThisLuv.com employees or agents engaged in providing any portion of the service to you. (l)We may provide you the option to connect your ThisLuv.com account to your account on some social networking Sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the service. When enabling this feature, we will disclose to you the information we collect from the connected social networking Sites, and will use such information on compliance with our PRIVACY POLICY. This feature is subject to continuous change and improvement by us and each social networking Site involved, and therefore the available feature and shared information are subject to change without notice to you.

3. Subscription


You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and services available within the Service. To access or use additional features and services, including the ability to communicate with other Members that are subscribers, you must become a paying subscriber to the Service. The subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service, including communicating with other Members, and (ii) a subscriber, non-subscribing Members will not be able to use the Service to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.

4. Privacy


Please refer to our PRIVACY POLICY for information about how ThisLuv.com collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of ThisLuv.com or post or provide to ThisLuv.com any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our PRIVACY POLICY. You also consent to receive emails from us in connection with the use or promotion of the Services. ThisLuv.com shall take all reasonable steps to protect the personal information of users. We are bound by the United States Privacy Laws. We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).

5. Communication


When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. Please see the Company’s Privacy Policy for more information regarding these communications. From time to time, employees of the Company (or its parent or affiliated companies) may create test dating profiles for the purpose of testing the functionality of our Service and website processes to improve service quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

6. Proprietary Rights


As a user of the Site or a user registered to use any of the services (a “Registered User”), you agree to the following: (a) All intellectual property rights (including the various rights conferred by statue, common law and equity in and in relation to copyright, patents, trade-marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in: (1) the website (2) subject to (d), information content on the website, including but not limited to, all confidential information; and (3) all website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts), are owned by or licensed to ThisLuv.com. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved. (b) None of the material listed in clause (a) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of ThisLuv.com. You may, however, retrieve and display the content of the Site on a computer screen (including any tablet or Smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website or third party proprietary information available via service or the Site without the express prior written permission of ThisLuv.com. (c) All rights (including goodwill and, where relevant, trademarks) in the name ThisLuv.com are owned by or licensed to ThisLuv.com. Other product and company names mentioned on the website are the trademarks or registered trademarks of third parties. (d) Title, ownership rights and intellectual property rights in and to content accessed using the website is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in section (b), this Agreement gives you no rights to such content. (e) The authors of the literary and artistic works in the pages in the website have asserted their moral rights to be identified as the author of those works. (f) Any materials you transmit, post or submit to ThisLuv.com either through the website or otherwise (Material) shall be considered (and ThisLuv.com may treat it as) non-confidential (subject to ThisLuv.com’s obligations under privacy legislation). You automatically grant, and you represent and warrant that you have the right to grant, to ThisLuv.com and its users, a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, adapt, translate, publish, publicly perform, publicly display and distribute world-wide any material and any ideas. You hereby waive all moral rights in and to all material and ideas that you transmit, post or submit to ThisLuv.com in favour of ThisLuv.com (g) From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in subsection in connection with the additional terms and conditions (if any) of such features (h) All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to ThisLuv.com by you or offered in response to solicitations by ThisLuv.com regarding the website (ideas) shall be deemed to be and shall remain property of ThisLuv.com and you hereby assign all existing present and future intellectual property rights in ideas, to ThisLuv.com. You must do all things reasonably requested and execute any such further documents as may be required by ThisLuv.com to assure further the assignment of such rights. You understand and acknowledge that ThisLuv.com have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to ideas and that ThisLuv.com is only willing to consider ideas on these terms. In any event, ideas are not submitted in confidence and ThisLuv.com assumes no obligation, express or implied by considering it. Without limitation, ThisLuv.com will exclusively own all now known or hereafter existing rights to the ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the ideas for any purpose whatsoever, commercial or otherwise without compensation to the, provider of the ideas.

7. Links to Third-Party Web Sites/ Dealing with Advertisers and Sponsors


As a user of the Site or a user registered to use any of the services (a “Registered User”), you agree to the following: (a) this Site may contain links to other websites and to resources provided by third parties (other Sites). The other Sites are linked to provide information only and are solely for your convenience (b) ThisLuv.com has no control over, does not accept and assumes no responsibility for the content or product or services of other Sites or any link contained in a linked Site and does not accept any responsibility for any loss or damage that may arise from your use of them (c) If you choose to access other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the other Sites (d) the Site may also feature advertising by third parties. By allowing third parties to advertise on the Site, ThisLuv.com does not make any representations or warranties in respect of or endorse the products or services advertised. (e) Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor (f) You agree that ThisLuv.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to ThisLuv.com with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the service. Please visit our PRIVACY POLICY to learn more about how we use your information.

8. Limitation of Liability


For the purpose of this section, “ThisLuv.com” includes ThisLuv.com, its officers, employees, contractors and agents, its subsidiaries and holding company, any subsidiary of any such holding company, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders whether individually or collectively. You acknowledge that: (a) to the maximum extent permitted by applicable law, in no event will ThisLuv.com be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services or service interruption even if ThisLuv.com or our agents or representatives knows or has been advised of this possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will ThisLuv.com’s aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the services or the Site, exceed the price paid by you for your account, or, if you have not paid ThisLuv.com for the use of any services. (b) to the maximum extent permitted by applicable law, in no event will ThisLuv.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation , bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm you. ThisLuv.com does not conduct background checks on members registering for the services in anyway. Any attempt by us to screen members is not a guarantee of safety on the website. You are responsible for your own safety on the website and when meeting other members in person (c) ThisLuv.com has the right but has no obligation to monitor disputes between you and other users of the website. In the event that you have a claim or action against another user arising from that user’s use of the website, you agree to pursue such claim or action independently of and without any demands to ThisLuv.com and you release ThisLuv.com from all claims, liability and damages arising from or in any way connected to the claim or action (d) ThisLuv.com and its contractors may use various ways of verifying information that users have provided. However, none of these ways are perfect, and you agree that ThisLuv.com and its contractors will have no liability to you arising from any incorrectly verified information. (e) Notwithstanding anything to the contrary contained herein, or to the extent applicable law does not permit the limitations in this clause, the related parties’ liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the services during the current/ most recent term of your membership or subscription to the maximum extent permitted by law. In all cases, the related parties will not be liable to you for any loss or damage that is not reasonably foreseeable.

You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

9. Complaints


You may report abuse or inappropriate behaviour by another member or offensive content by sending a detailed email to ThisLuv.com at support@thisluv.com.

10. Disclaimer of Warranty


You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk. ThisLuv.com provides the ThisLuv.com service on an “as is” and “as available” basis and grants no warranties of any kind, express, implied, statutory, in any communication with ThisLuv.com or its representatives (to the maximum extent permitted by applicable law), or otherwise with respect to the service. ThisLuv.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ThisLuv.com does not warrant that your use of ThisLuv.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the service will be corrected. ThisLuv.com disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range or any interruption in telephone service.

In no event will ThisLuv.com be liable (a) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the ThisLuv.com service, even if ThisLuv.com or its agents or representatives know or have been advised of the possibility of such damages or (b) to any person other than you. Notwithstanding anything to the contrary contained herein, ThisLuv.com liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ThisLuv.com for the service during the term of membership (c) Third party content such as but not limited to opinions, advice, statements offers, or other information or content made available through the service, but not directly by ThisLuv.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ThisLuv.com does not: 1) guarantee the accuracy, completeness, reliability or usefulness of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Service, or 2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than ThisLuv.com. Under no circumstances will ThisLuv.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service, or transmitted to or by any users. (d) From time to time, ThisLuv.com may offer features or tools with which its users may experiment on the service, Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at ThisLuv.com’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools. (e) Moreover, ThisLuv.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorised users, or “hackers”) of the ThisLuv.com service. 3) represent or warrant that: (a) you will be able to access or use the Apps, the Websites and/or Services at the time or locations of your choosing; (b) that operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free; (c) your use of the Apps, the Websites and/or the Services will meet your requirements; (d) defects in the operation of the Apps, the Websites and/or the Services will be corrected; or (e) the Apps, the Websites and/or the Services is free of viruses or other harmful components. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.

Some jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. In such jurisdictions, ThisLuv.com expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.

11. Indemnification


You agree to, and you hereby, indemnify, defend and hold harmless ThisLuv.com, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, claims, damages, costs, liabilities, judgements, fines, penalties, settlements, interests and expenses (including attorneys’ fees) relating to or arising out of any third party claim, suit, action, demand, proceeding made or brought against any related party, or on account of the investigation, defence, settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter that (a) your use of or inability to use the service or Site (b) any user data postings and any misrepresentations made by you (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation or alleged violation of any applicable laws, rules, codes, statutes, ordinances, regulations or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (e) information or material transmitted through your computer or other devices, even if not submitted by you that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) your breach or alleged breach of this agreement or any additional items; (g) your use of the Services and your activities in connection with the Services, including your communications and meetings with members you meet through the Services; (h) your material (i) the related parties’ use of the information that you submit to us (including your material).

(All of the foregoing, “Claims and Losses”).

You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.

ThisLuv.com reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ThisLuv.com in asserting any available defences.

12. Card Processing


As a user of the Site or a user registered to use any of the services (a “Registered User”), you agree to the following: (1) If you purchase any Services that we offer for a fee (the "Paid Services"), such as a subscription to our Services or credits, you authorize our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are non-refundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (a) as expressly set forth in this Agreement, (b) as otherwise required by applicable law and (c) at ThisLuv's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice. (2) ThisLuv may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by certain mobile payment providers or by using PayPal (more detail on PayPal refer to https://www.paypal.com/). You authorize ThisLuv to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. Credit card information is sent directly to our payment processor (Stripe Billing); ensuring sensitive data is not kept on ThisLuv servers. The payment pages use Transport Layer Security (TLS). (3) ThisLuv’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account or your Google Play account (a "Third Party Account"). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control. (4) Payment may be made via Visa, MasterCard, American Express, JCB, Discover, Diners Club, Union Pay and Maestro. The merchant outlet country at the time of presenting payment options to the cardholder is United States of America. Transaction currency is Dollars (USD). (5) ThisLuv.com does not take responsibility for all or any aspects relating to the transaction including sale of services sold on this website, customer service and support, dispute resolution and delivery of service. (6) ThisLuv reserves the right to change the cost of any service or new membership offered on the website from time to time. If you are not happy with the cost of any services offered on the website, you may cease using the website or terminate your membership. Except as provided herein or required by the applicable law, you will not be entitled to any refund of any payments made by you in respect of a paid membership. Any request for a refund will be considered at the sole discretion of ThisLuv.

13. Cancellation, termination and suspension


Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

As a user of the Site or a user registered to use any of the services (a “Registered User”), you agree to the following: (a) Notwithstanding anything to the contrary in this Agreement, ThisLuv.com may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to ThisLuv.com by you will be non-refundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the re-fundability of the fees are in ThisLuv.com’s sole discretion. (b) If you do not pay any amount due pursuant to these terms and conditions, ThisLuv.com reserves the right to suspend your access until such time as the outstanding payment is received or to terminate the contract. In the event of a suspension under this section, the contract period will not be extended for the period of the suspension (c) A user may cancel his or her membership at any time (d) memberships must be terminated 10 working days before the expiry of the term of the paid membership and the renewal date specified in the renewal notice provided to you (where applicable). In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. In addition any payment made in advance for the services will not be refunded. If you terminate the membership less than 10 working days before the expiry of the term of the paid membership, you will be charged for the renewal term, and will continue to have access to a renewed paid membership as set out in the notice of renewal. (e) A notice of termination must clearly identify the user and include the users name, email address and be sent to:

Email: accounts@ThisLuv.com

(f) If by reason of death or disability you are unable to receive services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability.1) “Disability” means a condition which prevents you from physically using the service during the term of disability and condition is verified in writing by a registered medical doctor designated and remunerated by you. Written verification from the registered medical doctor must be presented to ThisLuv.com and/or a certified letter of decease must be sent to ThisLuv.com, on receipt of letter will subscription be terminated. (g) If we cancel a member’s membership for that member’s breach of these Terms and Conditions, the member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered. (h) If we cancel a member’s membership in its sole discretion for reasons other than that member’s breach of these Terms and Conditions, the member shall not receive a refund for the period remaining to elapse until the expiry of the account.

14. Renewals


In order to provide continuous service, ThisLuv.com automatically renews all paid subscriptions for the services before the expiry of the term of the paid membership (where permitted by applicable law). When you first subscribe for your paid membership and by entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. In all cases, if you do not wish your account to renew automatically, you must please cancel your paid membership in accordance with the processes set out under “Cancellation, termination and suspension” above.

15. Technological Requirements


The technology you use to access our Services may be required to meet minimum specifications provided by us. We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion. You acknowledge and agree that we have no obligation to: (a) make any subsequent versions of the Apps available to you; (b) make the Apps, the Websites and/or Services available to you at all; (c) continue to support the Apps, the Websites and/or the Services in any way. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.

16. Governing Law; Jurisdiction


The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the United States and the laws of the State of Vermont, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding principles of conflict of laws. Except as provided in Section 17 below, you irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located in Burlington, Vermont, for all disputes arising out of or related to your use of any of the Services. The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence. You acknowledge and agree that ThisLuv.com would be irreparably damaged if the these Terms and Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.

17. Dispute Resolution; Arbitration – within the United States and Canada


If you reside in the United States or Canada (or you bring a claim against the company in the United States or Canada), you are subject to the following section. Please read the section carefully.

This provision shall apply to the resolution of any dispute arising out of or in any way related to the Services, this Agreement (and any amendments or addenda thereto), and the subject matter hereof, including without limitation any contract, tort, statutory or equity claims between you and us or our officers, directors, employees, agents, subsidiaries, or joint ventures (the “Dispute”); provided, however, that any claims specifically described in subparagraph (b) below will not be included in the definition of Dispute. You may also assert claims in small claims court if your claims qualify. In the event of any Dispute, the parties are encouraged to attempt to resolve the Dispute by informal means. If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.

Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. Any Dispute shall be subject only to binding arbitration. The parties expressly agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any Dispute in any court. In the event of any Dispute, both parties agree that the arbitration provision in this Agreement will be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”) to the maximum extent permitted by applicable law.

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in an appropriate court of law. This provision shall not prevent either party from filing a petition in court to confirm an arbitration award.

The parties expressly agree that any Dispute is personal to them, and any Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration or arbitration where a person brings a Dispute as a representative of any other person or persons. Neither party agrees that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. If your agreement to waive any right to a jury trial or to participate in a class action is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither you nor we will be entitled to arbitrate our dispute.

The arbitration of the Dispute will be administered by the American Arbitration Association (“AAA”) or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that you and we mutually agree upon. If, after making a reasonable effort, you and we are unable to agree upon an arbitration forum or arbitrator, the AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules (“Commercial Rules”) and, when deemed appropriate by the arbitration forum or arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Consumer Procedures”), or the appropriate rules of any alternative arbitration forum selected by you and us or appointed by a court, subject to the following modifications: (a) The arbitration will be conducted before a single arbitrator who will be a licensed attorney or a former judge and will have at least five (5) years of legal experience in the resolution of commercial disputes. (b) As limited by the FAA, the terms of this Agreement, and the applicable AAA rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute. This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons. (c) The parties may take discovery through interrogatories, depositions and requests for production that the arbitrator determines to be necessary and appropriate. (d) The prevailing party in any of the following matters (without regard to the Limitation of Liability provisions) shall be entitled to recover its reasonable attorneys’ fees and costs incurred in any of the following circumstances: (1) a motion which any party is required to make in any court to compel arbitration of a Dispute; (2) any appeal of an arbitration award, whether to the arbitrator or the courts, for the purpose of vacating or modifying the award; or (3) any action to enforce the confidentiality provisions stated herein we will pay the amount of any arbitration costs and fees charged by the AAA for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. In no event will we pay for your attorneys’ fees unless required by law.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

PAULPHILI, LLC

3162 Schoolhouse Road

Brownington, Vermont

05860

United States


You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The AAA Commercial Rules and Consumer Procedures, the forms you may need to begin the arbitration proceeding, and other information about the AAA, are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org.

This Agreement does not require you or us to submit to arbitration any Dispute involving our intellectual property rights in and to the websites or the Service, including, without limitation:

Claims of infringement or misappropriation of any United States or foreign copyright, patent, trade secret, trademark, service mark or trade dress;

claims alleging violations of Title 17 of the United States Code, Sections 1201 and/or 1202, or of any similar foreign law; or

in any matter that involves any of the foregoing claims, for resolution or decision of any question of fact or law required to resolve such claim, including, but not limited to, questions required to decide or rule with respect to the infringement, misappropriation, validity, enforceability or ownership of any copyright, patent, trade secret, trademark, service mark or trade dress or with respect to any remedy or relief at law or in equity for any such infringement or misappropriation or for any violation of such Sections 1201 and/or 1202.

With the exception of the provision above that the enforceability of this Section 17 is governed both procedurally and substantively by the FAA to the maximum extent permitted by applicable law, this Agreement otherwise will be construed and enforced in accordance with the laws of the State of California applicable to contracts entered into and performed in California to the maximum extent permitted by law (and without giving effect to California’s conflict of law principles). This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 

You and we acknowledge and agree that any violation of this Section 17 of this Agreement may cause the parties irreparable harm, and therefore you and we agree that the parties will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the parties may have for a breach of this Section 17 of this Agreement.

With the exception of your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this Section 17 is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Section 17 shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this section, and the remaining provisions of this section shall remain in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of this Section 17 legal, valid and enforceable provision as similar as possible to the former provision.

18. Barred Membership and Content suspicion


ThisLuv reserves the right to block or delete a user and any content uploaded by you to the website: (a) which is the subject of a complaint by any third party; (b) If requested to do so by a court or any other relevant authority; (c) Following termination of these terms and conditions; or (d) for any other reason in the sole and absolute discretion of ThisLuv. Upon ThisLuv receiving a complaint, ThisLuv will: (a) If ThisLuv suspects that the content may be in breach of these terms and conditions and if the content is such that it may cause damage to ThisLuv or another member, as may be determined by ThisLuv in its sole and absolute discretion, delete the content without notice. If your content is blocked or deleted in accordance with this clause 18, your obligations to make any payments to ThisLuv pursuant to these terms and conditions will not be affected and you will not be entitled to any refund. If it is later determined by ThisLuv that your content should not have been blocked or deleted: (a) If an extension is not possible or is objectively, reimbursement will be considered at the sole discretion of ThisLuv (b) if it happens that your membership expires during suspension your reimbursement is forfeited (c) only if you have a paid membership, paid membership period will be extended for the period of the blocking or deletion (d) If you are a free member, free membership will be reinstated.

19. Limitation of Time Period to Commence Any Dispute


Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control. The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

20. General


These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and ThisLuv.com. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties. No waiver by ThisLuv.com of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. ThisLuv.com may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

Clauses 2, 4, 6 to 8, 10 to 11, 16 to 19 inclusive will survive termination or expiration of this Agreement.

 19.1 Force Majeure For the purposes of this clause 19.1 “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

ThisLuv.com will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.

In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.

21. Language of Terms and Conditions


The language of this Agreement is English. Where ThisLuv.com has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with ThisLuv.com. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

Please note that you cannot register with ThisLuv.com without accepting these Terms and Conditions.
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