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Last Updated on September 7, 2020
By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this Website or the Services provided.
General Provisions
This website is owned and operated by Liv’s Love Pool, LLC, a Delaware company (“Liv’s Love Pool”, “us”, or “we”) . Our principal place of business is located at 88 Columbine Road, Milton, MA 02186. You must be at least twenty-one years of age to use our website.
This is a legal agreement ("Agreement") between you (“you”, “your”, or “Participant”) and Liv’s Love Pool, LLC, (“Liv’s Love Pool”, “us”, or “we”). This Agreement applies to your access and use of the Liv’s Love Pool website at <www.liv’s love="" pool.com="">; all social media platforms for Liv’s Love Pool; and any download and use of any of Liv’s Love Pool applications, (hereinafter, together the “Website(s)”) and registration to or use of any of the services provided by Liv’s Love Pool on these platforms (hereinafter the “Service(s)”). By using any of the Services, you agree to, and are bound by, these Terms and Conditions and the Privacy Policy (please refer to our Privacy Policy) for the duration that you use any of Liv’s Love Pool Websites or Services. </www.liv’s>
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY, PLEASE DO NOT USE ANY LIV’S LOVE POOL WEBSITES OR SERVICES.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms are incorporated into and form part of this Agreement whether or not these terms are listed in this Agreement or presented to you for your review and acceptance when you sign up to use a specific Service.
Liv’s Love Pool Services consist of the following, without limitation: a Matchmaker Service for single adults seeking an opportunity for a romantic relationship through blind phone call dates; a Podcast Service containing interviews with the participants and a listen-in on the blind phone call date; Blog Service (Instagram posts, feedback related to relationship advice; and any additional services currently offered or which will be offered in the future by or on behalf of Liv’s Love Pool. Liv’s Love Pool may offer new websites or services or revise the Websites or the Services, at its discretion, and this Agreement will apply to all additional or revised websites or services.
This Agreement is subject to change by Liv’s Love Pool in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement at the top of this page. Your continued use of the Websites or the Services after the posting of any revisions to this Agreement will constitute your acceptance of such revisions. Please see the top of this page for the last date of revision.
Participation Eligibility Requirements
Adults Only. You must be at least 21 years old to register for Liv’s Love Pool Services or Websites. By using the Matchmaker, Advice or Podcast Services, you represent and warrant that you are at least 21 years old.
Singles Only. When you register to use or are using the Matchmaker, Advice or Podcast Services, you represent and warrant that you are single. You may not use our Services or Websites if you are legally married but separated or married and not separated.
Fees. There are no costs or fees required to register for any Liv’s Love Pool Websites. However, to have your name placed in the pool of eligible Participants using the Matchmaker or Podcast Services will cost ten dollars, which is non-refundable.
Jurisdiction. Liv’s Love Pool Services or Websites are intended for use in the continental United States only.
Participant Conduct and Communication
Participant’s Information. You are solely responsible for, and assume all liability regarding, (1) the information and content you contribute on the Websites or through your use of the Services; (2) the information and content you post, transmit, publish, or otherwise make available through the Websites or Services; and (3) your interactions with other Participants through your use of the Services. You warrant and represent that all information provided to Liv’s Love Pool through your use of the Websites or Services will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how Liv’s Love Pool may use your information is set out in our Privacy Policy (please refer to our Privacy Policy).
No False Information. You agree that you will not provide inaccurate, misleading or false information to Liv’s Love Pool or to any other Participant. If information provided to Liv’s Love Pool or another Participant subsequently becomes inaccurate, misleading or false, you will promptly notify Liv’s Love Pool of such change.
Assumption of Risk. You assume all risk when using Liv’s Love Pool Websites or Services, including but not limited to all of the risks associated with any phone call, online or offline interactions with others, in person meeting or dating. You agree to take all necessary precautions prior to and when speaking/meeting individuals over the phone or in person.
Account Access. You agree that your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Liv’s Love Pool is not responsible for third party access to your account that results from theft or misappropriation of your Participant names and passwords.
Rules of Conduct. You will not post, transmit to other Participants, communicate any content or engage in any activity through our Websites or Services, that:
Intellectual Property
Ownership of IP. You hereby acknowledge and agree that Liv’s Love Pool is the owner or licensee of proprietary information accessible on or through the Websites or Services, including without limitation, cartoon, trademarks, copyrights, and the proprietary match making processes, questionnaires and profiles, all of which are proprietary rights, including but not limited to, any and all Confidential Information.
Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Websites or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Participant's Information. Other Participants may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Liv’s Love Pool or third-party proprietary information available via the Websites or Services.
License to Content. By consenting to be on Liv’s Love Pool Podcast or posting information or content to the Websites or Services, or making it accessible by displaying your Liv’s Love Pool account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Liv’s Love Pool and its Participants, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No Privilege or Confidentiality. Communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages on social media platforms, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our Websites, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited Participant-generated content such as blog comments or emails. We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. Additional information on when and how we store and use your communications or any data provided by you, please refer to our Privacy Policy (please refer to our Privacy Policy).
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Liv’s Love Pool copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Websites;
4. Reasonably sufficient information to permit Liv’s Love Pool to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
Liv’s Love Pool, LLC
legal@livslovepool.com
Communication and Privacy
We may use the email address associated with your account to send you messages notifying you of important changes to these Terms and Conditions of Use, our Privacy Policy, Websites or Services. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy for further procedures or email legal@livslovepool.com.
Disclaimers
Purpose/Mission. Our Websites and Services are provided for informational and potential introductions through blind phone dates only. You agree to indemnify and hold harmless our Liv’s Love Pool, LLC for any direct or indirect loss or conduct incurred as a result of your use of our Websites and Services.
No Guarantees. Liv’s Love Pool may not be able to provide matches for everyone seeking to use its Services. Further, Liv’s Love Pool makes no guarantees as to the number of matches, if any, through the Matchmaker Service, or to the success of any matches. You understand that Liv’s Love Pool makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you speak to through the Matchmaker Service or as to the conduct of the Participants.
Information Verification. Liv’s Love Pool may use various publicly available ways of verifying information that Participants have provided. However, none of those ways are perfect, and you agree that Liv’s Love Pool will have no liability to you arising from any incorrectly verified information.
No Criminal Background Check. LIV’S LOVE POOL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY PARTICIPANT. When you register to use or use the Matchmaker, Advice or Podcast Services, you represent and warrant that you have never been convicted of a felony (or any indictable offense) and/or are not required to register as a sex offender with any government entity. However, Liv’s Love Pool reserves the right to conduct a criminal background check at any time to confirm a Participant’s compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE LIV’S LOVE POOL, LLC TO CONDUCT A CRIMINAL BACKGROUND CHECK, IF LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
While we may reference certain results, outcomes or situations on our Websites, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on the Websites.
Limitation of Liability
Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIV’S LOVE POOL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LIV’S LOVE POOL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LIV’S LOVE POOL'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID LIV’S LOVE POOL FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$10.00 OR ITS EQUIVALENT.
No Liability for non-Liv’s Love Pool Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIV’S LOVE POOL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, 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 WEBSITES OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED PARTICIPANTS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF PARTICIPANTS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Indemnification
You agree to indemnify, defend and hold harmless Liv’s Love Pool, LLC, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Websites or Services, (b) any Participant postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Liv’s Love Pool. Liv’s Love Pool reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Liv’s Love Pool in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT.
Affiliates
This Website may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Termination
If at any time we feel you have violated these Terms and Conditions or the Privacy Policy, then we shall immediately terminate your use of our Websites and/or Services and any related communications as we deem appropriate. It is within our sole discretion to allow any Participant’s access to our Websites and/or Services, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our Website(s).
Refunds & Payment Collection
The ten-dollar fee required to appear in the pool of potential matches is non-refundable. We allow returns for refunds for the products sold directly by Liv’s Love Pool LLC from the Website if a refund is requested within 14 days or less of purchase. Liv’s Love Pool LLC is not responsible for purchases of products sold from any third-party websites and cannot offer refunds on those purchases.
Entire Agreement
Before you register with our Websites or Services or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions constitutes the entire agreement between the Participants and our company.
Severability
If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the State of Massachusetts, without giving effect to any principles of conflicts of laws.
Questions
If you require any more information or have any questions about our Terms and Conditions or our Privacy Policy, please feel free to contact us by email at legal@livslovepool.com.
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