LoveChain Terms of Service – Image Content

 

The LoveChain is a social media platform utilising blockchain technology created, operated and managed by The LoveChain Pty Ltd ACN 631 780 786 (“LoveChain”).  It gives users an immutable platform to record, celebrate and share their love of significant others.  

The LoveChain encourages users of its Platform to share Image Content (as defined below) that depicts expressions of love or of love ones with us to place on our Platform for the World to see.

These Terms of Service – Image Content (“Terms of Service”) explains how we use and manage things such as photographs, images or videos that you upload onto the LoveChain for the World to see.

1. The LoveChain Platform

These Terms of Service apply to all users of the use of the LoveChain website and platform (“Platform”), including users who are also contributors of Image Content on the Service. “Image Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, upload onto or contribute to the Platform. The Platform includes all aspects of the LoveChain, including but not limited to all products, software and services offered via the Platform and other applications.

The Platform may contain links to third party websites that are not owned or controlled by the LoveChain. The LoveChain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the LoveChain will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly release the LoveChain from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Platform  and to read the terms and conditions and privacy policy of any other website that you visit.

2. Your Acceptance

These Terms of Service govern your use of the LoveChain website and platform (“Platform”) and conduct in viewing on, accessing through, uploading onto or contributing Image Content to the Platform.  Please press or click “I have read and agree to the LoveChain “Terms of Service” if you agree to be legally bound by all terms and conditions set out within these Terms of Service. If you are viewing this on your mobile device, you can also view these Terms of Service via a web browser. Your acceptance of these Terms of Service creates a legally binding contract between you and the LoveChain. By using the Platform you also signify your agreement to the LoveChain’s: 

Terms of Use – General 

Privacy and Data Policy 

Copyright Notices re Image Content

LoveChain Policies and Safety

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version <inset link>.  The LoveChain may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

3. Accounts

To be able to upload your Image Content onto the LoveChain Platform and use the LoveChain Platform generally, you will have to create a LoveChain account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the LoveChain immediately of any breach of security or unauthorised use of your account.

Although the LoveChain will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of the LoveChain or others due to such unauthorised use.

The LoveChain Platform is broadly available to everyone, but you cannot use the LoveChain if: 

  • You are under 12 years old (or the minimum legal age in your country to use our Platform).
  • You are a convicted sex offender.
  • We’ve previously disabled your account for violations of our Terms of Use or Policies.
  • You are prohibited from receiving our products, services or software under applicable laws.

4. General Use of the Platform

The LoveChain grants you permission to access and use the Platform and your conduct on using the Platform is governed by these Terms of Service and the LoveChain’s Terms of Use – General.   

5. Your Use of LoveChain Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the LoveChain’s Content as set out in clause 7 of the LoveChain’s Terms of Use – General

6. Your Image Content and Conduct

On the LoveChain you have the ability to post and share with the World Image Content such as photographs, images or videos created by you by uploading them onto the LoveChain website and Platform. To be able to do this you must first be a LoveChain account holder and you understand that LoveChain does not guarantee any confidentiality with respect to any Image Content you submit.

You are solely responsible for your own Image Content and the consequences of submitting and publishing your Image Content on the Platform. You affirm, represent, and warrant that you own or have the necessary copyright, licenses, rights, consents, and permissions to publish Image Content you submit; and you license to the LoveChain all patent, trademark, trade secret, copyright or other proprietary rights in and to such Image Content for publication on the Platform pursuant to these Terms of Service.

For the avoidance of doubt, you retain all of your ownership rights in your Image Content. However, by submitting Image Content to the LoveChain, you hereby grant the LoveChain a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Image Content in connection with the Platform and the LoveChain’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Image Content through the Platform, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Image Content as permitted through the functionality of the Platform and under these Terms of Service. Provided the Image Content isn’t on a blockchain, then the above licenses granted by you in Image Content you submit to and upload onto the Platform terminate within a commercially reasonable time after you remove or delete your videos from the Platform. You understand and agree, however, that the LoveChain may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Image Content you submit to the Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the license rights granted herein.

You further agree that you will not submit to, or upload onto the Platform any Image Content or other material that is contrary to any of the LoveChain’s Terms of Use –General, these Terms of Service or any other of the LoveChain’s terms, guidelines and policies, currently found at <insert link>, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

The LoveChain does not endorse any Image Content submitted to the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the LoveChain expressly disclaims any and all liability in connection with Image Content. The LoveChain does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and the LoveChain will remove all Image Content if properly notified that such Image Content infringes on another’s intellectual property rights. The LoveChain reserves the right to remove Image Content without prior notice.

7. Account termination policy 

The LoveChain will terminate a user’s access to the Platform if, under appropriate circumstances, the user is determined to be a repeat infringer.

The LoveChain reserves the right to decide whether any Image Content uploaded by you violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The LoveChain may at any time, without prior notice and in its sole discretion, remove such Image Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

8. Copyright policy  

The LoveChain operates a clear copyright policy in relation to any Image Content alleged to infringe the copyright of a third party. Details of that policy can be found here <insert link>.  

As part of the LoveChain’s copyright policy, the LoveChain will terminate user access to the Platform if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

9. Other terms

Clauses 4 to 22 in the Terms of Use – General apply to these Terms of Service.  Where there is any inconsistency or conflict with a provision in relation to use, access, licenses and copyright of the Image Content then the provisions in these Terms of Service prevail and supersede any other terms, otherwise the Terms of Use – General will apply and prevail in all other cases. 

10. Consent

Having ticked the tick box on the pages titled “User Feed” or “Live Feed” on the Platform next to the link to these Terms of Service, you have hereby acknowledged, agreed, consented to and understood these Terms of Service. 

Date of latest version: 14 November 2019