1. WEBSITE USE
The use of TreasuredLove.com is conditional upon your acceptance of these Terms and Conditions. You will be deemed to have accepted these Terms and Conditions by using TreasuredLove.com, regardless of whether or not you register as a member. If you do not agree to these Terms and Conditions you must not use TreasuredLove.com.
2. USER AGREEMENT
These Terms and Conditions constitute the agreement between you and TreasuredLove.com in respect of your use of TreasuredLove.com (the "Agreement").
3. MEMBERSHIP
3.1 Eligibility – You must be over 18 years of age to register as a member of TreasuredLove.com. By using TreasuredLove.com, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms and Conditions.
3.2 Membership – You may become a member of TreasuredLove.com free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to TreasuredLove.com. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.
3.3 Subscription plans and fees - Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of TreasuredLove.com previously described.
3.4 Screen Name and password – As part of the member registration process, you will be required to select a screen name and password. We may refuse to accept any screen name for any reason, including that the proposed screen name impersonates someone else, is or may be illegal, is or may be protected by trademark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as TreasuredLove.com determines at our absolute discretion. You are solely responsible for the confidentiality and use of your screen name and password (including all activities conducted under your screen name and password) and agree not to transfer or resell your use of or access to TreasuredLove.com to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your security settings in your account.
3.5 Payment – In the event that TreasuredLove.com provides a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorize TreasuredLove.com to charge those fees on a recurring basis (within a reasonable time prior to the expiration of your current subscription). In that case, TreasuredLove.com will cease charging fees upon its receipt of your written notice that such authorization has been terminated or upon your selecting to cancel your paid membership using the facilities to execute such on the website. Any such notice shall not affect charges made before TreasuredLove.com could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, and such information must be updated regularly if any changes occur that would prevent the ability of TresuredLove.com to collect said fees. Failure to do keep such information up to date can results in the loss of your Full Membership and reversion of your membership to a Free Membership.
4. THE SERVICE
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. TreasuredLove.com is under no obligation to broker any other member or members for you.
5. OBLIGATION OF USER
5.1 Own risk – You acknowledge that your use of the Service and TreasuredLove.com is solely at your own risk.
5.2 Accurate information - You represent, warrant and undertake that the information that you supply to TreasuredLove.com is accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.
5.3 Information not confidential - You agree that any material or information provided by you, save and except for any Personal Information (which may include your full name, email address, postal address, telephone number etc.) the use of which is governed by our Privacy Policy, will be treated as non-confidential and non-proprietary and we may use such material or information without restriction. Specifically, you consent to TreasuredLove.com using such material or information (including any photographs, video or audio recordings) to pre-populate a database for any website owned and operated by TreasuredLove.com which is similar to TreasuredLove.com. You acknowledge that any such material or information provided by you will be available for other members or users of TreasuredLove.com to read. You also understand that TreasuredLove.com may use photos you have provided for the purposes of promotion and advertising the services provided by the site.
5.4 Information available overseas - You consent to the transfer of information provided by you (including Personal Information other than your full name, email address, residential address or phone numbers) to members residing in countries other than your country of residence.
5.5 Copyright assigned - You agree that all copyright which subsists in any material or information provided by you to TreasuredLove.com is assigned to TreasuredLove.com. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
5.6 Legal access - You must ensure that your access to TreasuredLove.com and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
5.7 Exposure to viruses - You must take your own precautions to ensure that the process which you employ for accessing TreasuredLove.com does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, TreasuredLove.com or any Linked Website.
5.8 Content of profile - You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.
5.9 Interaction with members - You are solely responsible for your interaction with other members of the Service.
5.10 Negative covenants - You represent, warrant and covenant that:
(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;
(b) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights).
(c) you will not transmit "spam," chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(d) you will not use TreasuredLove.com for any unauthorized commercial purposes;
(e) you will not solicit or attempt to solicit any money from any member or other user of TreasuredLove.com;
(f) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(g) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(h) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; and
(i) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information.
6. INFORMATION
6.1 Monitor information - We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms and Conditions.
6.2 Editing information - While we do not and cannot review every message or other material posted or sent by members of TreasuredLove.com, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that TreasuredLove.com, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.
6.3 Security of information - Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
7. RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to TreasuredLove.com for your personal use only. You are authorized to print a copy of any information contained on TreasuredLove.com for your personal use, unless printing is expressly prohibited.
8. ADVERTISEMENTS
Responsibility for the content of advertisements (if any) appearing on TreasuredLove.com (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by TreasuredLove.com. Each advertiser is solely responsible for any representation made in connection with its advertisement.
9. INTELLECTUAL PROPERTY
9.1 Ownership – TreasuredLove.com retains all right, title, and interest in TreasuredLove.com and the corresponding intellectual property rights and reserves all rights not explicitly granted.
9.2 Copyright – Copyright in TreasuredLove.com (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by TreasuredLove.com. You are forbidden from using TreasuredLove.com content for any non-personal use including but not limited to:
(a) adapting, reproducing, storing, distributing, printing, displaying, performing, publishing or creating derivative works from any part of TreasuredLove.com;
or
(b) Commercializing any information, products or services obtained from any part of TreasuredLove.com;
without our prior written permission.
9.3 Trademarks - Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trademark. If you use any of the trademarks owned by TreasuredLove.com in reference to our activities, products or services, you must include a statement attributing the trademark to TreasuredLove.com. You must not use our trademarks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services
10. LINNKED WEBSITES
10.1 Links provided for convenience only - TreasuredLove.com may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
10.2 No endorsement - Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by TreasuredLove.com of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Website prior to use of it.
11. PRIVACY POLICY
We undertake to comply with the terms of our Privacy Policy which is located on TreasuredLove.com.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 No warranties as to accuracy - We do not make any representations or warranties that the material or information provided through TreasuredLove.com (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by TreasuredLove.com or any member or any other person or entity) is reliable, accurate or complete or that your access on TreasuredLove.com will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through TreasuredLove.com. You should make your own enquiries before acting or relying on any information or material which appears on TreasuredLove.com. You acknowledge that any reliance upon any such material or information shall be at your own risk.
12.2 No warranties as to availability – TreasuredLove.com is distributed on an "as is" basis. We do not warrant that TreasuredLove.com will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of TreasuredLove.com. Where permitted by law, you acknowledge that the availability of TreasuredLove.com is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
12.3 Implied warranties excluded - To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:-
(a) if the breach relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and
(b) if the breach relates to Services:
i. the supply of the Services again; or
ii. the payment of the cost of having the Services supplied again.
12.4 No liability for loss - We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, TreasuredLove.com or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or TreasuredLove.com. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) TreasuredLove.com does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of TreasuredLove.com or with any delay or inability to use TreasuredLove.com, or for any information, products and other services obtained through TreasuredLove.com, or otherwise arising out of the use of TreasuredLove.com, whether based under contract, negligence or other tort, strict liability or otherwise, even if TreasuredLove.com has been advised of the possibility of such damage;
(b) TreasuredLove.com does not accept any responsibility or liability for any information or material which you submit to TreasuredLove.com nor do we accept any responsibility for any use or misuse of any information or material which you submit to TreasuredLove.com by other members or users;
(c) TreasuredLove.com does not accept any responsibility or liability for the conduct of any member or other user of the site, including without limitation any conduct which causes physical injury to any person.
13. SPECIFIC WARNINGS REGARDING ONLINE DATING
13.1 Risks - You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretence or for a criminal purpose.
13.2 No warranty as to identity of member - You acknowledge that user authentication on the internet is extremely difficult. TreasuredLove.com cannot and does not warrant that each member or user of the site is who he or she claims to be. Further, TreasuredLove.com cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of TreasuredLove.com. A “verified” member is a member who has shown an employee or representative of TreasuredLove.com a photo identification that matches the photo shown on their profile. However, this does not mean that any information in such profiles is accurate. It merely means, that, in the opinion of the person who reviewed such “verified” members, they appear to be the same person in appearance.
14. COMMUINICATION
TreasuredLove.com reserves the right to send electronic mail to you regarding changes or additions to the services offered on the web site, or any products and services of TreasuredLove.com and its affiliated businesses.
15. TERMINATION
15.1 Agreement effective for members - This Agreement will remain in full force and effect while you are a member of TreasuredLove.com or while you otherwise use TreasuredLove.com.
15.2 Termination of membership by you - You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your request to delete your account using the facilities available on the TreasuredLove.com website. Notice of termination may be effected by clicking on the Delete Profile link in the Account Settings section of your account on TreasuredLove.com.
15.3 Termination of your access to Service - We may, in our absolute discretion, terminate or suspend your access to all or part of TreasuredLove.com at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of TreasuredLove.com by others.
15.4 Termination of membership by us - We may immediately terminate your membership and your access to TreasuredLove.com at any time if we determine (at our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by TreasuredLove.com in connection with your membership.
15.5 Deactivation for non-use - We may, but are not required to, deactivate your account if you have not used TreasuredLove.com for a consecutive 6 month period unless you have an active paid subscription.
16. INDEMNITY AND RELEASE
16.1 Indemnity - You agree to indemnify, defend and hold TreasuredLove.com, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax, liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by TreasuredLove.com, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with your use of TreasuredLove.com, including without limitation any breach by you of this Agreement or Claims made by other parties against you. You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.
16.2 Release - You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against TreasuredLove.com, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives which are connected with, arise out of or relate directly or indirectly to your use of TreasuredLove.com.
17. GENERAL
17.1 Failure to comply - TreasuredLove.com accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
17.2 No waiver - If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
17.3 Severability - If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
17.4 Variation - We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on TreasuredLove.com. Your continued use of TreasuredLove.com following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.
17.5 Assignment - You must not assign any of your rights under this Agreement or in respect of the Website to any third party. TreasuredLove.com has the right to assign any or all of its rights and obligations under this Agreement to any third party. At the election of TreasuredLove.com, in the event that our obligations under this Agreement are assumed by a third party, TreasuredLove.com shall be relieved of any and all liability under this Agreement.
17.6 Relationship – You agree that no joint venture, partnership, employment, or agency relationship exists between you and TreasuredLove.com as a result of this Agreement or your use of TreasuredLove.com.
17.7 Governing law – This Agreement is governed by the laws in force in the United States. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
18. DEFINITIONS
In these Terms and Conditions, the following expressions have the corresponding meanings:
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Commercialize" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;
"Privacy Policy" means TreasuredLove.com's privacy policy which is available on TreasuredLove.com;
"Service" means the facilities made available for members via TreasuredLove.com;
"Website" means TreasuredLove.com which is owned and operated by TreasuredLove.com;
"Terms and Conditions" means these terms and conditions as amended by TreasuredLove.com from time to time, which form the agreement between you and TreasuredLove.com;
"we", "us" and "our" all refer to TreasuredLove.com.