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The Lovechain

 

 

Terms of Use

THE LOVECHAIN TERMS OF USE – GENERAL

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 builds technologies and services that enable people to connect with each other, build communities and grow businesses. On the LoveChain users will contribute to the creation of a diverse ecosystem which is powered by the LOVR rewards token. These rewards can be exchanged for discounts and goods and services with merchant partners of the platform contributing to the creation of memories that are everlasting. 

These Terms of Use govern your use of the LoveChain website and platform, LOVR rewards tokens, other products, features, apps, services, technologies and software that we offer (“Products”) except where we expressly state that separate terms (and not these) apply. These Products are provided to you by The LoveChain Pty Ltd. 

We don’t charge you to use the LoveChain or the other products and services covered by these Terms of Use. Instead, businesses and organisations pay us to show you ads for their products and services. By using our Products, you agree that we, if you elect to do so, can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you. 

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things such as the kind of audience that they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. 

On the LoveChain you have the ability to post and share with the World videos created by you by uploading them onto the LoveChain website and platform. Our Terms of Service – Image Content explains how we use and manage things such as photographs, images or videos that you upload onto the LoveChain for the World to see.

The LoveChain Privacy Policy explains how we collect, use and store your personal information and data to determine some of the advertisements that you see and provide all of the other services described below. You can also manage your privacy settings by reviewing the privacy choices you have selected about how we can use your data. 

These Terms of Use govern your use of the LoveChain website and platform (“Platform”).  Please press or click “I have read and agree to the LoveChain “Terms of Use” if you agree to be legally bound by all terms and conditions set out within these Terms of Use. If you are viewing this on your mobile device, you can also view these Terms of Use via a web browser. Your acceptance of these Terms of Use 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 – Tokens

Privacy Policy 

Terms of Service – Image Content

Copyright Notices re Image Content

LoveChain Policies and Safety

If you do not agree with any aspect of these Terms of Use, then do not press “Agree”, in which case you may not use the LoveChain website or Platform. 

  1. The services we provide 

The LoveChain is a social media platform and marketplace built around the unique theme of love giving users the power to build a community and bringing the world closer together. To help advance this mission, we provide the products and services described below to you: 

Provide a personalised experience for you: 

Your space and experience on the LoveChain is personalised and unlike anyone else’s: from the posts, stories, events, advertisements and other content that you see on the Platform to the use of, and ability to transact in the marketplace with our merchant partners. Your profile on the LoveChain is digital real estate that you own. Your experiences on the LoveChain can be private or public – the choice is up to you. 

Register your relationship: 

The LoveChain allows you to register your relationship and receive a certificate and unique cryptographic code confirming your relationship is now recorded for all time on the secured blockchain platform. 

Connect you with people and organisations that you love and care about:

The LoveChain allows you to find and connect with people, groups, businesses, organisations and others that you Love, care about and that matter to you. The LoveChain uses the data that we have to make suggestions for you and others. Stronger ties make for better communities, and we believe that our services are most useful when people are connected to people, groups and organisations that they love, cherish and care about. The LoveChain also allows you to share those special moments with those closest to you along with engaging with other users and merchants whole at the same time accumulate LOVR rewards and tokens. 

Empower you to express yourself and communicate about what matters to you:

There are many ways to express yourself on the LoveChain and to communicate with those you love – spouse, partner, family, friends and others that you care about and hold close to your heart – for example, sharing status updates, photos, videos and stories across the Platform.  

Help you discover content, products and services that may interest you:

We show you advertisements, offers and other sponsored content to help you discover content, products and services that are offered by the many LoveChain merchant partners. 

Obtain rewards you for your activities on the Platform:

As you interact on the Platform you can be rewarded for, but not limited to, the content creation, sharing of content through the LoveChain community, platform engagement and acquiring products and services from our merchant partners through the LoveChain marketplace by being issued LOVR tokens. LOVR tokens are tokens that powers the LoveChain integrated rewards program and is available to all profiles. LOVR tokens can be used to gain discounts and other benefits from our merchant partners. Further, it is a token that can be gifted or passed to other members on the Platform. 

In summary some of the Services offered on the LoveChain are: 

  • Your profile on the LoveChain is digital real estate that you own;
  • The user can share text, images, photographs, audio and any other media that may be viewed by other end users;
  • Your experiences on the LoveChain can be private or public – the choice is up to you;
  • Private messaging channel;
  • Public/private browsing;
  • The ability to send notifications via integrated social media platforms; 
  • The ability to be part of a rewards system within the Platform and earn LOVR rewards; and
  • Ability to transact in the marketplace with the LoveChain’s merchant partners using LOVR tokens.

  1. HOW OUR SERVICES ARE FUNDED 

It does not cost a user to use the LoveChain. Instead of charging a user to be on the Platform, you can agree that we can show you advertisements that businesses and organisations pay us to promote on and off the Platform.   

Basing the LoveChain on a decentralised network is important primarily as it satisfies the objective of giving members ownership of their data. Further, since privacy continues to become a concern for social media users generally limitations around the type and volume of advertisements need to be addressed in a way which improves the user experience. With the LoveChain Platform users can decide the extent of their interaction with the Platform and the amount of advertisements that they are exposed to.  We collect and use your personal data in order to provide the services described above for you. You can learn about how we collect and use your data in our Privacy Policy.  You have controls over the types of advertisements and advertisers you see, and the types of information we use to determine which advertisements we show you. 

Other ways in which the LoveChain supports the services it provides to you is by:

  1. receiving a commission from our merchant partners each time a transaction is made with one of our merchant partners in the LoveChain marketplace on the Platform; and/or
  2. receiving transaction and merchant fees each time a transaction is made within the LoveChain marketplace on the Platform. 

  1. BETA

The LoveChain Platform is in pre-beta, pre-release form. A beta test is a limited release of a product or service with a goal of finding bugs before the final release. The beta test is an external test of the software that operates the Platform.  

You acknowledge that the LoveChain Platform is in beta, pre-release form, and as such will contain bugs, may not operate consistently or perform all intended functions and may cause errors, data loss or other problems. By using the Platform you assume all risks associated with the use of the Platform and reliance on any data, information or recommendations provided or received through the Platform. The Platform is made available in beta, pre-release form for such time period as the LoveChain may elect in its sole discretion, and such availability may end at any time and without notice.

  1. WHO CAN USE THE LOVECHAIN?

Provided you are 12 years of age or over then any person, from any Country can use the LoveChain. However, when using the LoveChain you must ensure that: 

  • use the same name that you use in everyday life;
  • provide accurate information about yourself;
  • create only one account (your own) and use your account for personal purposes; and
  • not share your password, give access to your LoveChain account to others or transfer your account to anyone else (without our permission).

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.

To be able to use the LoveChain Platform 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 unauthorized 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.

  1. WHAT CAN YOU SHARE AND DO ON THE LOVECHAIN? 

We want people to use the LoveChain to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. The LoveChain allows you and other users to post and share content through the Platform and such other channels as may be enabled by the LoveChain, including without limitation, social networking websites. You understand that all content is available only on an “as-available” basis and the LoveChain does not guarantee that the availability of content will be uninterrupted or bug free. You agree you are responsible for all of your content and all activities that occur under your user account. Some or all of your content may be removed at any time, for any reason or for no reason and without notice. Without limiting the foregoing, your content may be removed if the LoveChain determines (in its sole discretion) that its content is inappropriate or if it is the subject of flagging by other users of the Platform.

When sharing content on the LoveChain or generally using the Platform, you therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so): 

  1. You may not use our Products to do or share anything:
    • That breaches these Terms of Use or any other terms and policies of the LoveChain that apply to your use of the LoveChain. 
    • That is unlawful, misleading, discriminatory or fraudulent.
    • That infringes or violates someone else’s rights, including their intellectual property rights.
  2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
  3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
  4. You must not to distribute in any medium any part of the Platform or the content on the Platform without the LoveChain’s prior written consent, unless the LoveChain makes available the means for such distribution through functionality offered by the Platform.  
  5. You must not to alter or modify any part of the Platform.
  6. You must not access content on the Platform through any technology or means other than the video playback pages of the Platform itself, or other explicitly authorised means the LoveChain may designate.
  7. You must not to use the Platform for any of the following commercial uses unless you obtain the LoveChain’s prior written approval:
    • the sale of access to the Platform;
    • the sale of advertising, sponsorships, or promotions placed on or within the Platform or LoveChain Content (as defined in clause 7 of these Terms of Use); 
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing LoveChain Content delivered via the Platform, unless other material not obtained from the LoveChain appears on the same page and is of sufficient value to be the basis for such sales; or
    • maintaining an original channel on the LoveChain, to promote your business or artistic enterprise.
  8. You must not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to the LoveChain servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the LoveChain grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The LoveChain reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform with respect to their Image Content.

We can remove or restrict access to content that is in violation of these provisions.

If we remove content that you have shared in violation of our Terms of use and/or other LoveChain terms or policies, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. 

You may not use the LoveChain or the Platform in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the Platform, you represent and warrant that: (i) you are not located in any country that is subject to a Australian or Singaporean Government embargo, or that has been designated by the Australian or Singaporean Governments as a “terrorist-supporting” country; and (ii) you are not listed on any Australian or Singaporean Governments list of prohibited or restricted parties.

  1. CONTENT, OWNERSHIP AND PROPRIETARY RIGHTS 

As stated earlier in these Terms of Use the LoveChain allows you and other users to post and share content through the Platform and such other channels as may be enabled by the LoveChain, including without limitation, social networking websites.

Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on the LoveChain and the Platform. Nothing in these Terms of Use takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

You retain all of your ownership rights in your content that you post or upload onto the Platform. However, to be able to provide you with certain services and allow your general use on the Platform, you hereby grant the LoveChain a worldwide, nonexclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit, prepare derivative works of, distribute and perform your content for purposes of operating the Platform and the LoveChain (and its successor’s) business, in any media formats and through any media channels. Content you submit to Third-Party Platforms (as defined in Section 10) through the Platform is subject to the terms and conditions applicable Third-Party Platforms.

As between you and the Company, you own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to your content, subject to the licenses granted to the LoveChain and other end users of the Platform. As between you and the LoveChain, the LoveChain owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Platform, the software and technology used by the “LoveChain to provide the Platform features and functionality and all usage and other data generated or collected in connection with the use thereof (the “LoveChain Materials”). Except for as may be expressly set forth herein, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the LoveChain Materials. If you provide the LoveChain with any ideas, feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to the LoveChain all right, title and interest in and to such Feedback and acknowledge that the LoveChain shall have the right to exploit such Feedback and related information in any manner it deems appropriate on a worldwide, perpetual basis without payment of any compensation to you.

If you share content such as videos for specific purpose and use by the LoveChain on the Platform, then visit Terms of Service – Image Content for a better understanding on how we use the videos you upload and your rights. 

In connection with your content, you further agree that you will not use, create, provide or post: (i) material that is subject to third-party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) advertisements or marketing content or solicitations of business, or any content of a commercial nature. The LoveChain may investigate an allegation that any content does not conform these Terms of Use and may determine in good faith and in its sole discretion whether to remove such content, which it reserves the right to do at any time. 

If you are a copyright holder and believe in good faith that any of your content has been made available through the Platform without your authority and consent, you may contact us and advise of the breach. 

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.  

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.

As a user of the LoveChain and the Platform you acknowledge that you may be exposed to content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Platform, and further acknowledge that the LoveChain does not control the content posted by the end users of the Platform and does not have any obligation to monitor such content for any purpose. In the event the LoveChain receives a report or notification from a user that there is content on the Platform that is offensive, discriminatory, misleading, illegal or in breach of someone’s intellectual property rights, then the LoveChain will be sure to investigate the matter and if it is found that the content breaches our Terms of Use or the law, then the content will be immediately removed from the LoveChain and the Platform. 

  1. LIMITS ON USING OUR INTELLECTUAL PROPERTY RIGHTS 

The content on the Platform (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on the LoveChain), and the trademarks, service marks and logos on the Platform (“LoveChain Content”), are owned by or licensed to the LoveChain, subject to copyright and other intellectual property rights under the law.

LoveChain Content on the Platform is provided to you AS IS. You may access content for your information and personal use solely as intended through the provided functionality of the Platform and as permitted under these Terms of Use. You shall not download any LoveChain Content unless you see a “download” or similar link displayed by the LoveChain on the Platform for that LoveChain Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any LoveChain Content for any other purposes without the prior written consent of the LoveChain or the respective licensors of the LoveChain Content or any other non-LoveChain content and its licensors reserve all rights not expressly granted in and to the Platform and the LoveChain Content or any other non-LoveChain content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any LoveChain Content or enforce limitations on use of the Platform or the LoveChain Content therein.

You understand that when using the Platform, you will be exposed to LoveChain Content and non-LoveChain Content from a variety of sources, and that the LoveChain is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to either LoveChain Content or non-LoveChain Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the LoveChain with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the LoveChain, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Platform.

If you use LoveChain Content covered by intellectual property rights that we have and make available in our Platform, we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by the LoveChain or with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us. 

  1. YOUR PERMISSION TO THE LOVECHAIN 

To enable your use of the LoveChain, you grant us permission to:

    • use content that you create and share on the LoveChain Platform;
    • to use your name and profile picture and information about actions that you have taken on the LoveChain next to or in connection with ads, offers and other sponsored content that we display across our Products and services, without any compensation to you; and
    • permission to update software that you use or download, so if you download or use our software, you give us permission to download and install updates to the software where available. 

  1. THIRD-PARTY SITES 

The Platform may include advertisements, links to our merchant partners or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party sites and services, products or services made available through them, or your use of or interaction with them.

  1. MOBILE SERVICES 

Using the Platform on a mobile device requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Platform.

  1. THIRD-PARTY PLATFORMS

The Platform may include features or functionality that interoperate with online services operated by third parties such as Facebook, Twitter and merchant partner platforms (such services, “Third-Party Platforms”), pursuant to agreements between the LoveChain and the sites and platforms of our merchant partners operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which the LoveChain does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. The LoveChain shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Platform in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.

  1. MERCHANT PARTNERS 

As part of its global merchandising operation the LoveChain has sought and entered into relationships and partnerships with a range of merchants that compliment the LoveChain theme and values. The LoveChain has a number of merchant partners on its Platform that you can access to purchase goods and services from by using the LoveChain unique code # Number allocated to every profile. Payment of the goods and services from our merchant partners can be made by way of: 

    • FIAT;
    • LOV utility token;
    • LOVR Rewards token; or
    • other digital or crypto currencies. 

On the purchase of a good or service from one of our merchant partners, the LoveChain will receive a small commission for each sale. The commission that the LoveChain will receive from its merchant partner will generally be in the range of 5% to 15% of the total value of each sale. The user will not be liable to pay the LoveChain any commission or fees. 

On the purchase of a good or service from one of our merchant partners within the LoveChain marketplace, you may be required to pay a merchant facility fee with a payment services provider that the LoveChain has arrangements with. This may include the payment through the LoveChain’s own proprietary payment facility.

  1. PRIVACY POLICY 

The LoveChain’s Privacy Policy, (“Privacy Policy”), describes the collection, use and disclosure of data and information by the LoveChain in connection with the Platform. By using the Platform you agree to the collection, use and disclosure of your personal information as set out in our Privacy Policy. The LoveChain Privacy Policy can be read here. The Privacy Policy, as may be updated by the LoveChain from time to time, is incorporated into these Terms of Use. 

  1. SUSPENSION OR TERMINATION 

If we determine that you have clearly, seriously or repeatedly breached our Terms of Use, including any of our policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. 

You agree that the LoveChain, in its sole discretion and for any or no reason, may terminate this agreement, your account or your use of the Platform. The LoveChain may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your use of the Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that the Platform shall not be liable to you or any third party for any such termination.

Where we take such action, we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. 

You can contact us to learn more about what you can do if your account has been disabled or if you think that we have disabled your account by mistake. 

You may terminate this agreement and delete your LoveChain account at anytime, for any reason or for no reason, by emailing us at [email protected] to delete your account. Such requests will be honoured and processed within a reasonable time period after they have been received provided you give us all reasonably necessary information and cooperation. 

If we suspend or delete your account, or you request that your account be deleted, you need to be aware that certain content may continue to be stored in our backup systems until regularly scheduled deletions occur.  

Deletion of your LoveChain account may not result in the deletion of content you have posted on Third-Party Platforms through use of the Platform. 

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but sections 4 to 22 of these Terms of Use will remain in place and survive termination of this agreement. 

  1. DISCLAIMERS; NO WARRANTIES 

The Platform and any content, information or other materials made available in conjunction with or through the Platform are provided “as is” and without warranties of any kind either express or implied, to the fullest extent permissible pursuant to applicable law. The LoveChain, and its licensors and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The LoveChain and its licensors and partners do not warrant that the features and functionality of the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers that make available the features and functionality thereof are free of viruses or other harmful components.  Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms of Use or the LoveChain Platform, even if we have been advised of the possibility of such damages. 

Certain jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). 

The LoveChain does not warrant the merchantability or quality of any goods or services a user acquires from our merchant partners. 

  1. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify and hold the LoveChain and its affiliated companies, and each of their officers, directors, employees, contractors and agents harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Platform, breach of these Terms of Use or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the LoveChain’s willful misconduct or gross negligence. The LoveChain reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.

  1. LIMITATION OF LIABILITY AND DAMAGES 

Under no circumstances, including, but not limited to, negligence, will the LoveChain or its affiliates, contractors, employees, agents or third-party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from or relate to the Platform, including your use thereof, or any other interactions with the LoveChain, even if the LoveChain or a LoveChain authorised representative has been advised of the possibility of such damages. In no event will the LoveChain or its affiliates, contractors, employees, agents or third-party partners or suppliers total liability to you for any or all damages, losses, and causes of action arising out of or relating to these Terms of Use or use of the Platform exceed the amount of USD$50,000.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusion may not apply to you, in which case, the LoveChain’s liability will be limited to the extent permitted by law. 

  1. DISPUTES 

The LoveChain endeavours to limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply. 

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms of Use, and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in the non-exclusive jurisdiction of the courts of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales for the purpose of litigating any such claim and any courts which have jurisdiction to hear appeals from any of those courts and you waive any right to object to any proceedings being brought in those courts. 

You also agree that he laws of the State of New South Wales will govern these Terms of Use without regard to conflict of law provisions. 

 

  1. CLAIMS 

You agree, aside from any applicable law that says otherwise, that any cause of action arising out of or related to these Terms of Use or the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred. 

  1. UPDATING OUR TERMS OF USE 

We work constantly to improve the LoveChain Platform and as a result, we may need to update these Terms of Use from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. 

The changes to our Terms of Use will be effective thirty (30) days after we notify you of the changes by either sending you an email to the email address associated with your account or through the Platform user interface giving you an opportunity to review them before they go into effect, unless changes are required by law. Once any updated terms are in effect, you will be bound by them if you continue to use the LoveChain Platform. 

We hope that you will continue using the LoveChain Platform, but if you do not agree to our updated Terms of Use and no longer want to be on the LoveChain Platform, you can delete your account at any time. 

  1. ELECTRONIC COMMUNICATION 

When you communicate with the LoveChain through the Platform or send us an e-mail, you are communicating with us electronically. By doing so, you hereby: 

  1. consent to receive communications from the LoveChain in an electronic form; and 
  2. agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

The foregoing does not affect any rights you may have which cannot be waived under applicable law.

  1. GENERAL PROVISIONS

  1.  These Terms of Use make up the entire agreement between you and the LoveChain regarding your use of our Platform and any services associated with the Platform. They supersede any prior agreements.
  2. Some of the services on our Platform that we offer are also governed by supplemental Terms. If you use any of those services, supplemental terms will be made available and will become part of our agreement with you. For example, if you post and share with the World videos created by you by uploading them onto the LoveChain website and platform, then you will be bound by the LoveChain’s Terms of Service – Image Content which explains how we use and manage any video that you upload onto the LoveChain for the World to see. These will also form part of these Terms of Use. 
  3. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, than that provision will be deemed severed from these Terms of Use and will not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. If we fail to enforce any of these Terms of Use, it will not be considered a waiver. Any amendment to or waiver of these Terms of Use must be made in writing and signed by us. Further, a waiver of any breach of any provision of these Terms of Use will not in any way be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Use. 
  4. You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent.
  5. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.
  6. These Terms of Use do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
  7. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why.
  8. We always appreciate your feedback and other suggestions about our Platform and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
  9. We reserve all rights not expressly granted to you. 

  1. CONTACT INFORMATION

The Platform is provided by The LoveChain Pty Ltd. If you have any questions or complaints with respect to the Platform or our services, please contact Lovechain at [email protected]. 

  1. OTHER TERMS AND POLICIES

Below is a list of other of the LoveChain’s terms and policies that may apply to you while using our Platform:

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