Generally. When you send or enter information on our website, we may store it. Such information includes information that can identify you, such as your first and last name, phone number, mailing address and email address, fax number, and partial billing information (such as the last 4 digits of the credit card number, cardholder name, card brand, expiration date, security code, and billing address). In addition, we may ask for other information from you. You can choose not to provide the information we request, but in some cases, if you don't provide the requested information, we may not be able to complete the transaction. Some amount of personal information is required in order to use the site at all. For example, your email address is required to register as a member of Loveshare, to receive the Loveshare newsletter, to submit a customer service request, for us to respond to any questions or customer service requests, to participate in a poll, survey, review, contest, or sweepstakes, or to initiate transactions on our site.
Gift Recipient Information. When you purchase a Love Spark (Discount Certificate) as a gift or for someone else through our website, we may request personal information about that person. You should acquire the consent of all other people before providing us with their personal information.
Information from Other Sources. In addition to getting information directly from you, we may acquire personal and non-personal information about you from our affiliates, business partners, and other third parties and add it to our account information. Some examples of the type of information that we may accumulate include but are not limited to: updated delivery and address information, purchase history, and demographic information.
Automatically Collected Information. When you use our app, or visit our website, some information is automatically collected. As an example, we will collect your OS when you first download or open the application software, and your IP address, internet browser software and the referring website when visiting our landing page. Also, we may collect information about your activity on our application and/or website, whether you view specific offers, and any purchases made. We use this information to improve the customer experience and to prevent fraud.
- How Your Information is Used
Email Contacts. We want to make sure you are informed of experiences on our website. One way we do this is by sending email messages that contain current experiences on Loveshare. Note that you can unsubscribe from our email messages at any time through the link included at the bottom of each email.
Who We Share Your Information With
We may share your information with the following people or businesses:
Merchants. We may share your information with those individuals or businesses advertising an experience for sale on Loveshare, but only as required to allow such merchants to provide the goods or services to you as a purchasing customer. We will not share your contact information or email address with merchants unless the information is required in order to provide the goods or services described in the experience on Loveshare, and we specifically restrict their use of your information to that purpose. We do not limit our merchants' use or disclosure of your other personal information. Because of this, we recommend that you review the privacy policies of every merchant whose products or services you purchase through Loveshare. Note that some merchants may contact you in order to acquire information necessary to provide the goods or services purchased, to obtain additional information about you, to facilitate any reservations, or to respond to comments or reviews you may submit.
Third-party merchants. We may provide your information to third-party merchants or service providers, including credit card processors, business analytics, customer service, marketing firms, for the distribution of polls, surveys, promotions, or sweepstakes programs, and fraud prevention efforts. We may also allow third-party merchants or service providers to collect information for us, including information required to be able to operate features on Loveshare or to be able to provide advertisements that target your specific interests. Third-party merchants may access and collect information, but only as needed to perform their specific functions. Third-party merchants are not allowed to share or use the information for any other purpose. They are also required to observe the same data security practices that we follow ourselves.
People you communicate with. When you share information and communicate using our Services, you choose the audience who can see what you share. That includes, but is not limited to, third-party apps, websites or other services that use, or are integrated with, our Services and who may receive information about what you post or share.
Business partners. We may provide your information to business partners with whom we jointly offer products or services, or whose products or services are offered on Loveshare. If a third party is involved in a product or service offered on Loveshare, it will be evident because their name will appear either alone or with ours. If you access, use, or purchase any of the services offered by our business partners, we may share information about you with them. Such information may include your personal information. We do not control the data security practices of third-party business partners.
Referring websites. If another website referred you to our website (whether through a link on the site or otherwise), we may share some information about you with the referring website. We do not place limitations on referring websites' use of your personal information. We recommend that you review the privacy policies of any website that may have referred you to our website.
Legal Purposes. We may share your personal information in response to a subpoena, court order, or other legal process. We may share your information to substantiate legal claims or rights, defend legal claims, or as is required by law. In all such cases, we reserve our right to raise or waive any legal claim, objection, or right we may have.
Illegal Activity. If we feel it is necessary to investigate or take action in response to illegal activities, whether suspected or actual, we may take any action authorized by law. Additionally, we may act to defend the rights, property, or safety of our company or website, our customers, merchants, or others, whether in connection with this agreement, any other agreements, or other source of law.
Corporate Transactions. We may share your personal information in connection with a corporate transaction, whether a sale, merger, consolidation, partnership, or in the unlikely event of bankruptcy.
If not otherwise set forth, you will be given notice any time information about you will be shared with third parties. In such cases, you will have the option to choose not to have us share your information.
In addition to the above, we may also share anonymous or aggregate information with third parties, including advertisers, merchants, partners, and investors. For example, we may share with advertisers our website traffic and any statistics related to visitor interaction with our website. Such information does not contain personal information.
Notwithstanding the foregoing, we additionally reserve our right to use the provided information for any legitimate purpose we may see fit.
- Accessing or Changing Your Information
You can access and update your information on Loveshare by signing into your account. You can close your account by contacting us at firstname.lastname@example.org. If you close your account, you will no longer be able to sign in or access any of your personal information on your account. However, you can open a new account whenever you like. While your account will be closed, we may keep some information related to your account on file, for analytical or record keeping purposes.
- Choices Regarding Our Collection and Use of Your Information
As described above, you have the option not to provide us with your information. However, it may be required in order to make purchases on the website, to interact with our customer service department, or to otherwise conduct business between you and our website. You can add, remove, or update information. You can also close your account, as described above.
- Protecting your Information
Your trust is important to us. We are completely committed to protecting information that we collect on our website. Although we can't guarantee the security of our site, we have put in place a number of administrative, technical, virtual, and physical security methods to protect the information that you provide to us. For example, we limit access to personal information to authorized employees solely for business functions. Additionally, we use encryption when transmitting your information between our system and your system, using firewalls and intrusion detection systems to help prevent unauthorized people from accessing and viewing your information.
- Protecting Children's Privacy
Our website is a general audience website that does not offer services directed to children. Should a child whom we know to be under the age of 13 send personal information to us, we will use that information to respond directly to that child, to inform him or her that we require parental consent before accepting his or her personal information.
- External Links
- Visiting our Website from Outside the United States
If you download or are using Lovesharef rom outside of the United States, please be aware that your information may be submitted to, stored, and processed in the United States, where our servers are located, and our central database operates. The laws of your country might be more stringent than the laws of the United States, but we do take many precautions to protect your information. By using our services, you understand that your information may be submitted to our facilities as well as any third parties with whom we may share it in conformance with this Policy.
In the future, we may change or update this Policy. We will notify you of any material changes by sending you a notice to the email address that you provide or by placing a conspicuous notice on our website.
- Contacting Us
Welcome to Loveshare, operated by Loveshare, Inc. (the "Company" or "Loveshare").
We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on Loveshareapp.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don't agree to these changes, you must end your relationship with us by ceasing to use the Services and leaving Loveshare.
Eligibility. You must be at least 16 years of age to create an account on Loveshare and use the Service. By creating and account and using the Service, you represent and warrant that you can form a binding contract with Loveshare, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction--meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If you create an account, 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 state, federal or local sex offender registry.
Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have a Loveshare account. You may terminate your account at any time, for any reason, by following the instructions in the Service. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Section 5, Section 9, Section 10(e), Section 16, and Sections 17-20.
2.Obtaining a Love Spark (Discount Certificate)
Loveshare provides consumers with opportunities to purchase a subscriptions to obtain Love Sparks to certain products and services from third-party Merchants, embodied within a Love Spark (Discount Certificate), except as otherwise expressly identified. Each Love Spark (Discount Certificate) includes a time-limited promotional value within the Love Spark (Discount Certificate) exchangeable for Merchant goods and services . Loveshare does not render the services identified within the Love Spark (Discount Certificate). The promotion of each Love Spark (Discount Certificate) serves as a form of advertisement for the Merchant by Loveshare.
By obtaining, printing, accepting, using or attempting to use any Love Spark (Discount Certificate), you agree to these Terms, the fine print identified in the Love Spark (Discount Certificate) and/or any additional Love Spark (Discount Certificate)-specific terms related to the Love Spark (Discount Certificate) at the time of receiving it in the application. These Terms apply to all Love Sparks (Discount Certificates), unless the Fine Print on a particular Love Spark (Discount Certificate) states otherwise, and except as otherwise required by law.
How it Works
For customer service questions related to the service or product offered, please contact the Merchant. For customer service related to how to purchase the Loveshare subscription for Love Spark (Discount Certificate) or questions about redemption, please contact Loveshare.
All Love Sparks (Discount Certificates) are provided by Loveshare for redemption with goods and service providers. Loveshare does not assume any responsibility for the nature or quality of the goods and services listed within the Love Spark (Discount Certificate) and expressly disclaims liability for all injuries, losses, claims, liabilities, damages, and costs suffered as a result of the use of the Love Spark (Discount Certificate). Loveshare provides a marketing service for the Merchant listed on the Love Spark (Discount Certificate), but does not play any role in providing the goods or services listed in any such Merchant experience.
Love Spark (Discount Certificate) Value and The "Fine Print"
In addition to the terms set forth herein, each Love Spark (Discount Certificate) comes with its own set of restrictions, terms and conditions (the "Fine Print" and "The Experience"). The Fine Print and The Experience may restrict things such as when or where you can redeem a Love Spark (Discount Certificate), what's included with the Love Spark (Discount Certificate), as well as other Love Spark (Discount Certificate)-specific limitations and information, so always read carefully.
Love Sparks (Discount Certificates)
Unless otherwise stated on the Love Spark (Discount Certificate) or required by law, the following additional terms apply to all Love Sparks (Discount Certificates):
Love Sparks (Discount Certificates) are not redeemable for cash.
Neither Loveshare nor the Merchant is responsible for lost or stolen Love Sparks (Discount Certificates) or Love Spark (Discount Certificate) redemption and reference numbers.
Duplicate use, sale, or trade of a Love Spark (Discount Certificate) is prohibited.
Unless otherwise stated in the Fine Print or The Experience, the Love Spark (Discount Certificate) price does not include tips, sales taxes, or value-added taxes, which may be charged to you separately by the Merchant at the time you redeem the Love Spark (Discount Certificate).
Love Spark (Discount Certificate) Availability
Loveshare reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Love Spark (Discount Certificate), the Website or any other product or service. Loveshare does not represent or warrant that any product or service promoted on the Website will be available for purchase by any particular person. Some of our Love Sparks (Discount Certificates) are limited in number. Any attempt by you to obtain more than the permitted number of Love Sparks (Discount Certificates) specified for a particular Love Spark (Discount Certificate), including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
We display discounts on our Website in connection with each Love Spark (Discount Certificate). These discounts are calculated based upon certain pricing information provided to us by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
Paid Amount and Promotional Value---Expiration Dates
Each Love Spark (Discount Certificate) has two different values, and corresponding expiration dates: (1) a Credit and (2) a time-sensitive promotional value ("Promotional Value"). Each value is described more fully below.
If you obtain a Love Spark and do not use it in the next three months then the Love Spark is considered expired.
Hotel Stays, Travel-Related, and Service-Oriented Love Sparks (Discount Certificates):
Additional Rules and Restrictions
Additional terms and conditions apply to your reservation and purchase of hotel stays, travel-related goods, and services that you purchase.
Please read these additional terms and conditions carefully. In addition to this Agreement, in purchasing a Love Spark (Discount Certificate) through our Website, you agree to abide by the terms and conditions of purchase imposed by any Merchant with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Merchant's rules and restrictions regarding availability and use of products or services. This includes the obligation to pay the applicable taxes at the time of redemption on any Love Spark (Discount Certificate) redeemed with the Merchant as directed by any such Merchant.
You are required to present and surrender a valid digital copy of your Love Spark (Discount Certificate) at the time you redeem your Love Spark (Discount Certificate). In addition to requiring the presentation and surrender of your Love Spark (Discount Certificate) prior to, or at check-in to a hotel, for use with a service provider, activity, or to acquire a product, you may also be required to satisfy some or all of the following requirements:
Some hotels may require you to provide a credit card or cash deposit upon check-in to cover additional expenses incurred, or damage caused, during your stay. Such deposit is unrelated to any payment received by us for your Love Spark.
Some hotels may charge a resort fee, parking fees, or other fees in connection with your staying at the hotel that may not be covered by the Merchant's Love Spark (Discount Certificate).
Some service providers may require a security deposit prior to the service.
Some service, activity, or product providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
You agree and understand that any violation of this Agreement or any Merchant's rules and restrictions may result in the cancellation of your reservation(s), in your being denied access to the applicable product or services, and/or in your forfeiting any money paid for such reservation(s).
All cancellations and reservation changes are subject to the terms included on the Love Spark (Discount Certificate) and the terms of the respective Merchant. In the event of a conflict between the terms of this Agreement and a Love Spark (Discount Certificate)'s fine print, the fine print on the Love Spark (Discount Certificate) controls.
Terms and Conditions Specific to Events and Performances
There are terms and conditions specific to events and performances that you agree to by purchasing a Love Spark (Discount Certificate) to any such event or performance. In addition to the terms and conditions of the event or performance coordinator, you also agree to the terms and conditions herein.
Waiver of Liability
In attending any event or performance advertised on Loveshare, you agree to abide by all terms and conditions of the event's coordinators. You voluntarily agree to assume all risks associated with attending the event, including the risk of physical injury or death, property damage or other loss, and waive all claims for personal injury or death against Loveshare, the event's venue, and all affiliated employees and agents of Loveshare and the venue.
Except as explicitly stated otherwise in the terms of a specific Love Spark (Discount Certificate), these terms apply to any refund requested by you.
Loveshare will not refund the purchase of a subscriptions. Unless upon submitting a valid reason for requesting the refund.
Loveshare does not refund purchases made on Merchants locales.
To Request a Refund
To request a refund, please send an email to Loveshare's Customer Service at email@example.com. Within the email, indicate: (a) the email address that was used to purchase the subscription, (b) the Love Spark (Discount Certificate) reference and redemption numbers, and (c) the reason for your refund request.
If you have trouble redeeming your Love Spark (Discount Certificate) for any reason, please contact us at firstname.lastname@example.org or call us at 787-249-5771 so we can work with the Merchant to resolve your issue.
Non-Refundable Love Sparks (Discount Certificates)
Sometimes Love Sparks (Discount Certificates) are date-specific, such as a Love Spark (Discount Certificate) for a ticketed event, a restaurant reservation or hotel reservation. Usually this means that the Love Spark (Discount Certificate) can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Love Spark (Discount Certificate). In any case, the date you select will be identified on the Love Spark (Discount Certificate), and you can only redeem the Love Spark (Discount Certificate) on the specified date. Both the Paid Amount and the Promotional Value expire on the date specified on the Love Spark (Discount Certificate). You may not reschedule a date-specific Love Spark (Discount Certificate) for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem this type of Love Spark (Discount Certificate) on the date specified on the Love Spark (Discount Certificate).
If you obtained a non-refundable Love Spark (Discount Certificate), you may not receive a refund for the Love Spark (Discount Certificate) for any reason except for the reasons outlined below:
III.Reviews and interactions
Reviews, Comments, and Other Submissions to Us
We like hearing from you. However, please recognize that by submitting anything to us by electronic mail, postings on this Website, or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Social Media Companies and subsidiaries and corporate affiliates (collectively, the "Social Media Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Social Media Affiliates"), a nonexclusive, royalty-free, perpetual, irrevocable and fully transferable right to do the following with any Submissions: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.
You acknowledge that the Social Media Companies may choose to attribute your comments or reviews to you (for example, by listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our Merchant partners. You further grant the Social Media Companies the right to pursue at law any person or entity that violates your or the Social Media Companies' rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
You acknowledge that Loveshare may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
Loveshare' policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
Your Interactions with Other Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE COMPANY ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any user. As noted in and without limiting Sections 16 and 18 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or 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 Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
Content Posted by You in the Service.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, "post") on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
By posting Content as part of the Service, you grant to Loveshare a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.
Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Loveshare users).
Prohibited Activities. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
impersonate any person or entity.
solicit money from any users.
post any Content that is prohibited by Section 10.
"stalk" or otherwise harass any person.
express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
use the Service in an illegal manner or to commit an illegal act.
access the Service in a jurisdiction in which it is illegal or unauthorized.
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
interfere with or disrupt the Service or the servers or networks connected to the Service.
transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
"frame" or "mirror" any part of the Service, without the Company's prior written authorization.
use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. 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 account.
IV. Deposits, Fees and Taxes
You acknowledge that goods and service providers, including hotels, may require a deposit as a condition to your redeeming a Love Spark (Discount Certificate). Any such deposit is subject to the terms and conditions of the good or service provider.
Loveshare Merchants are prohibited from charging any additional fees to receive the goods or services included within the Love Spark (Discount Certificate). However, Merchants may charge tax on the goods or services as required by the relevant tax authority. A refundable deposit does not represent a fee for the purposes of this section. If a Merchant attempts to charge a fee that was not listed on the Loveshare please contact us immediately at (787)-249-5771.
Loveshare does not collect taxes for remittance to applicable taxing authorities. Loveshare' Merchants are responsible for collecting and remitting applicable taxes to the applicable taxing jurisdictions. Loveshare does not act as co-vendors with the Merchant for their goods or services. Taxability and the appropriate tax rate vary greatly by location.
V. Safety of Travel Destinations
Although most travel is completed safely, including travel to international destinations, travel to certain destinations may involve greater risk than to other destinations. Loveshare urges passengers to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government before booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
In addition to the safety of travel destinations, please consider that there may be passport and visa requirements for the particular destination. Please verify any and all passport and visa requirements before purchasing a travel-oriented Love Spark (Discount Certificate).
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, LOVESHARE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK. LOVESHARE IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY DESTINATIONS.
VI. Liability Disclaimer -- Errors on Website or App, Other Events
THERE MAY BE ERRORS OR INACCURACIES IN THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE, INCLUDING PRICING ERRORS. Loveshare DOES NOT GUARANTEE THE ACCURACY OF INFORMATION ON THE WEBSITE, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ALL EXPERIENCES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND ATTRIBUTES, CONDITIONS, FINE PRINT, GENERAL PRODUCT DESCRIPTIONS, ETC.); SUCH INFORMATION IS PROVIDED BY THE RESPECTIVE EXPERIENCE'S MERCHANT. IN ADDITION, Loveshare EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS OR OTHER ERRORS ON OUR WEBSITE. IN THE EVENT OF A PRICING ERROR, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO PURCHASE YOUR Loveshare Subscription AT THE CORRECT PRICE OR WE WILL CANCEL YOUR Loveshare AND ANY ATTENDANT RESERVATION WITHOUT PENALTY TO YOU.
Loveshare IS AN ADVERTISING AND MARKETING RESOURCE WHERE MERCHANTS MAY ADVERTISE THEIR PRODUCTS AND SERVICES FOR SALE THROUGH Love Sparks (Discount Certificates). Loveshare DOES NOT GUARANTEE THE ACCURACY OF ANY APPRAISALS OF THE QUALITY OF THE MERCHANTS LISTED ON THE WEBSITE. Loveshare ALSO MAKES NO GUARANTEES ABOUT THE AVAILABILITY OR QUALITY OF SPECIFIC PRODUCTS AND SERVICES. Loveshare AND THEIR RESPECTIVE MERCHANTS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
Loveshare MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY Loveshare. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Loveshare DISCLAIMS ALL WARRANTIES THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM Loveshare ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Loveshare HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
THE MERCHANTS PROVIDING PRODUCTS OR SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF Loveshare. Loveshare IS NOT LIABLE FOR THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL ACTS OF ANY SUCH MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM ANY ACTION OF ANY MERCHANT. Loveshare DISCLAIMS ALL LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND Loveshare' DIRECT CONTROL, AND Loveshare HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL Loveshare AND/OR Loveshare' MERCHANTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Loveshare AND/OR Loveshare' RESPECTIVE MERCHANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Loveshare or their respective Merchants are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Loveshare and/or Loveshare' respective Merchants will in no event exceed, in the aggregate, the greater of (a) the money you paid to Loveshare in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Loveshare, Loveshare' agents and affiliates, and/or Loveshare' respective Merchants.
You agree to defend, indemnify, and hold harmless Loveshare and/or their respective Merchants and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of this Agreement or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this Website.
VIII. Links To Other Sites
This Website may contain hyperlinks to websites operated by parties other than Loveshare. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our including hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
IX. Copyright and other proprietary Issues
Proprietary Rights. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Software Available on Loveshare' Website and App
Any software that is made available to download from this Website ("Software") or App is the copyrighted work of Loveshare and/or our respective Merchants. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Loveshare and/or our respective Merchants, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
If a currency converter is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Loveshare and/or our respective Merchants do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
IX. Bank and Credit Card Fees
Some banks and credit cards impose fees for international transactions. If you are purchasing a Love Spark (Discount Certificate) from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international goods or services may be considered to be an international transaction by the bank or card company, since Loveshare may pass on your payment to an international Merchant. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by any of the following methods: email(email), by mail to the address below or by phone at the number below:
This Website is operated by a United States entity and this Agreement is governed by the laws of the Commonwealth of Puerto Rico, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Puerto Rico, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the Loveshare Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Loveshare with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Loveshare with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, visit the Contact Us link on our website or call us at (787)-249-5771. Or you can write to us at:
Modifications to Service. The Company 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 the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. 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. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent at email@example.com or the following address:
Vantage Point LLCUrb. Gran Vista 1, Arboleda del Río #81Gurabo, Puerto Rico, 00778
The Company will terminate the accounts of repeat infringers.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
From time to time, the Company may make third party opinions, advice, statements, experiences, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH 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 IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration and Governing Law.
Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas's conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Dallas County, Texas, USA, and you and Loveshare consent to personal jurisdiction in those courts.
Indemnity by You. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. 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.
Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Special State Terms. The following provisions are added to this Agreement for Loveshare Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, please follow these instructions:
If you subscribed to Loveshare Plus using your Apple ID:
To request a refund, go to iTunes, click on your Apple ID, select "View Apple ID," sign in if requested, select "Purchase History," find the transaction, and tap "Report Problem." You can also submit a request at https://getsupport.apple.com/ContactInfo.action.
If you subscribed to Loveshare using your Google Play Store Account:
Please tap the "Contact Us" button at the bottom of the "Need Help" Section on the Loveshare app and provide us with the order number. You can find the order number in the order confirmation email from the Google Play Store.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Loveshare) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.