Last updated: September 23, 2020
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
a. Electronic Agreement. This Agreement is a binding agreement between you and loveyouchat.com. You accept this Agreement each time you access the Service. If you do not accept this Agreement, then do not use the Service. This Agreement may be modified by Us from time to time, such modifications to be effective upon posting by Us on the Service; provided that we will endeavor to give you prior notice of any material modifications. Notwithstanding the foregoing, no revisions to this Agreement will apply to any dispute between you and us that arose before the date of such revision. By accessing the Service, you accept this Agreement and agree to all of the terms, conditions, and notices contained or referenced herein. b. You acknowledge and agree that users of loveyouchat.com may be part of an online community that includes other websites owned by the Company or its affiliates (Affiliate Websites). Therefore, with your consent, we may use your profile on the Websites to populate registration and profile information on the Affiliate Websites. By using the Service, you consent to receive electronic communications initiated from Us regarding your account, security, privacy, and administrative issues. If we learn of a security systems breach, then we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
a. Age Restrictions. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age. If you are under 18 years of age, then you are not permitted to use the Service. b. Membership in the Service is void where prohibited by law. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately without refund of any unused or used funds in your account.
3. MEMBERSHIP AND SUBSCRIPTION; PRICING.
This site only makes redirects to dating sites of other companies. We do not accept any payments from customers and are not responsible for the services of other sites. You can’t have a membership on our website.
This Agreement will remain in full force and effect while you use the Service. You may terminate your membership and/or subscription (subject to Section 3 above) at any time, for any reason, by contacting our Support Team online. We may cancel or suspend your use of our Services, membership, and/or subscription at any time, without cause and notice. If we cancel or suspend your use of the Services without cause (as determined by loveyouchat.com), we may provide you with a refund for any pre-paid, but unused Credits. We are not required and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. We reserve the right to take further action for our loss or the potential loss of other members or third parties when necessary due to your breach of this Agreement, at our sole discretion.
5. NON-COMMERCIAL USE BY MEMBERS.
6. ACCOUNT SECURITY.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Service will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
7. YOUR INTERACTIONS WITH OTHER MEMBERS.
This site only makes redirects to dating sites of other companies. We do not accept any payments from customers and are not responsible for the services of other sites.
8. CONTENT ON loveyouchat.com
a. Proprietary Rights. loveyouchat.com owns, licenses, or otherwise retains all proprietary rights in the Service. Those rights include but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other similar rights, wherever existing in the world, together with the right to apply for the protection of the same of loveyouchat.com and its licensors. The Service contains the copyrighted material, trademarks, and other proprietary information of loveyouchat.com, and its licensors. Except for that information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by loveyouchat.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. loveyouchat.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. To the fullest extent permitted by law, under no circumstances will loveyouchat.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any Members.
9. CONTENT POSTED BY YOU ON THE SERVICE
a. You are solely responsible for the content that you publish or display (hereinafter, post) on the Service, or transmit to other users (User Content). You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to the Company or any other user. If the information provided to loveyouchat.com, or another user, subsequently becomes inaccurate, misleading, or false, you will promptly notify loveyouchat.com of such change.
b. You understand and agree that we reserve the right, but have no obligation, to monitor the information or content that is being submitted to the Services or posted in the public areas of the Services. We have the right but have no obligation to remove any such information or content with no explanations and notifications.
d. You hereby release, discharge, and agree to save loveyouchat.com harmless to the full extent you may lawfully do so, from any causes of action in law or equity you may have or may hereafter acquire against loveyouchat.com or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by loveyouchat.com or its affiliates of your User Content.
e. The following is a list of the kind of User Content that is illegal or prohibited on the Website; provided that loveyouchat.com may remove any User Content for any reason. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that: (i) is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; (ii) promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (iv) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (v) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (vii) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (viii) has features of porno or adult content, including, but not limited, content that represent sexual act, naked genitals etc.
f. Your use of the Service, including but not limited to your User Content, must be by any applicable laws and regulations.
g. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs, or email addresses.
h. You may not publish false or inaccurate information in your Member profile. You may not create duplicate profiles. loveyouchat.com reserves the right to terminate the membership and deactivate the profile of any Member violating this provision.
i. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk emails to other Members. Although loveyouchat.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. To protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails that a Member may send to other Members in any 24 hours to a number which we deem appropriate in our sole discretion.
j. To ensure the quality of the Services, your phone call or live chat through the Website may be recorded.
k. All information you include in your Member profile must be accurate, current, and complete. You will be honest in your communication and interactions with other members. You should not conceal from those to whom you correspond information regarding infectious, incurable diseases, physical or psychological handicap/disabilities you may have or may believe that you have, or any other adverse elements that may be deemed by some to be unsuitable for relationships.
l. When using particular services on the Service, you shall be subject to any posted policies or procedural rules applicable to such Services, which may be posted and modified from time to time. All such policies or procedural rules are hereby incorporated into this Agreement.
10. PROHIBITED ACTIVITIES.
This site only makes redirects to dating sites of other companies. We do not accept any payments from customers and are not responsible for the services of other sites.
11. CUSTOMER SERVICE; SUPPLIERS.
a. loveyouchat.com provides assistance and guidance through its customer care representatives. We may, from time to time, create profiles that are created, maintained, and managed by our employees (Staff Profiles). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features, and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such by using “Team” or similar wording instead of the user name. If you opt to communicate or interact with a Staff Profile, you will be made aware of the nature of this Staff Profile.
c. By providing your phone number, you consent to receive auto-dialed or prerecorded calls from us at the phone number that you have provided to us or that we have otherwise obtained to (a) facilitate conversations between you and other users; or (b) otherwise provide our services or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase of the Service. Standard telephone minute charges may apply. We may, without further notice or warning and at our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.
d. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
e. To provide the Service, loveyouchat.com purchases services from various agencies (collectively, “Suppliers”). The Suppliers are independent contractors and are not agents or employees of loveyouchat.com. loveyouchat.com is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver Services or partial or inadequate delivery of Services. According to the terms of the agreement with its Suppliers, loveyouchat.com is prohibited from rendering the Supplier’s contact information. Services provided by the Suppliers include but are not limited to the following:
i. Suppliers provide full, accurate, and legitimate information required for the registration of referred Members at loveyouchat.com before their registration according to the terms of the Agreement.
ii. Suppliers provide full, correct, and quality translation of all correspondence between Members.
iii. Suppliers provide additional services by the terms of their agreement with loveyouchat.com.
iv. Any additional services requested by Members, which fall into the Suppliers scope of activity, but not defined by loveyouchat.com terms of Agreement with Supplier, including but not limited to, arrangement of a meeting with referred Members of the Supplier, provision of additional information on referred Members, or any other personal requests of Members, may be processed by Supplier, but are not automatically granted.
loveyouchat.com is not in any way responsible for the quality of any additional services provided by the Suppliers. To the fullest extent permitted by law, the Website and the Service are provided “as is” and loveyouchat.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. loveyouchat.com cannot guarantee and does not promise any specific results from the use of the Website and/or the Service.
12. MODIFICATIONS TO SERVICE.
loveyouchat.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that loveyouchat.com shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
13. BLOCKING OF IP ADDRESSES.
To protect the integrity of the Service, loveyouchat.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
14. COPYRIGHT POLICY.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
a. Overview and Repeat Infringer Policy. loveyouchat.com respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Service. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on or through the Service; and (ii) remove any User Content uploaded to the Service by repeat infringers loveyouchat.com considers a repeat infringer to be any user that has uploaded User Content to or through the Service and about whom loveyouchat.com has received more than two takedown notices compliant with the provisions of 17 U.S.C. Â§ 512 (or other equivalent notices under applicable law) concerning such User Content. loveyouchat.com has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Hitwe’s determination.
b. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a Notification of Claimed Infringement containing the following information to the designated agent identified below. loveyouchat.com may share your Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you consent to loveyouchat.com making such disclosure. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit loveyouchat.com to locate the material on the Service; Information reasonably sufficient to permit loveyouchat.com to contact you, such as your name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see 17 U.S.C. Â§ 512 or other applicable law regarding copyright infringement to confirm your obligations to provide a valid notice of claimed infringement.
c. Designated Agent Contact Information. Hitwe’s designated agent for receipt of Notifications of Claimed Infringement can be contacted Via E-mail: email@example.com.
d. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. Â§ 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [loveyouchat.com] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. Â§ 512(f).
loveyouchat.com reserves the right to seek damages from any party that submits a false notification in violation of the law.
15. MEMBER DISPUTES.
This site only makes redirects to dating sites of other companies. We do not accept any payments from customers and are not responsible for the services of other sites.
17. ADDITIONAL DISCLAIMERS.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (iii) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
b. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. loveyouchat.com makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. LIMITATION ON LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU 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 (EVEN IF loveyouchat.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO loveyouchat.com.
19. INDEMNITY BY YOU.
To the fullest extent permitted by law, you agree to indemnify and hold loveyouchat.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
20. NO THIRD-PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
21. RESPONSIBILITY OF PARTIES; DISPUTES
a. Mandatory Arbitration. Please read this Section carefully. YOU AND loveyouchat.com, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
b. Equitable Relief. The foregoing provisions of this Section 21 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event, loveyouchat.com or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against loveyouchat.com, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
c. Claims. You and loveyouchat.com agree that notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Improperly Filed Claims. All claims you bring against loveyouchat.com must be resolved by this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, loveyouchat.com may recover attorneys fees and reimbursement of its costs, provided that loveyouchat.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
e. Modifications. If loveyouchat.com makes any future change to the Mandatory Arbitration paragraph set forth above (other than a change to Hitwe’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Hitwe’s Arbitration Notice Address, in which case your account with loveyouchat.com and your license to use the Service will terminate immediately, and this Section, as in effect immediately before the amendments you reject, will survive the termination of this Agreement.
f. Enforceability. If only the No Class Actions paragraph above or the entirety of this Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to this Agreement.
22. GOVERNING LAW
The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
23. OTHER AND AMENDMENTS.
This Agreement contains the entire agreement between you and loveyouchat.com regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by loveyouchat.com at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Service and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 3. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute re-acceptance by you of the Agreement.
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and loveyouchat.com as a result of this Agreement or use of the Service.
24. NOTICE REGARDING APPLE.
If you are using our mobile applications on an iOS device, the terms of this Section 24 apply. You acknowledge that this Agreement is between you and loveyouchat.com only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services concerning the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation concerning the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of Section 24 of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 24 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.