Free Online Dating, Friends and Fun
The following terms and conditions (the "Terms") govern your access to and use of Loveawake's websites and mobile applications ("Loveawake"). By accessing Loveawake, you are agreeing to these Terms and entering into a legally binding contract with LA Media, Inc. Do not access or use Loveawake if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of Loveawake. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses Loveawake. "We", "us" and "our" refer to LA Media, Inc.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your content" means Content that you submit or transmit to, through, or in connection with Loveawake, such as reviews, ratings, approvals and information that you publicly display or is displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with Loveawake. "Loveawake Content" means Content that we create and make available in connection with Loveawake.
2. Changes to the Terms of Service
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
3. Using Loveawake
To access or use Loveawake, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use Loveawake if you are a competitor of ours or if we have previously banned you from Loveawake or closed your account.
B. Permission to Use Loveawake
We grant you permission to use Loveawake subject to the restrictions in these Terms. Your use of Loveawake is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability
Loveawake may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
E. Communications from Loveawake
By creating an account, you agree to receive certain communications in connection with Loveawake. These may include, but are not limited to, updates during the review approval process, messages about reviews being written by other users, promotional material from LA Media, Inc. and account update reports.
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Loveawake.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Responsibility for Your Content
We may use Your Content in a number of different ways, including publicly displaying it, modifying it, copying it, translating it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of Loveawake the right to access Your Content in connection with their use of Loveawake. Finally, you irrevocably waive, and cause to be waived, against Loveawake and its users any claims and assertions of moral rights or attribution with respect to Your Content.
As between you and Loveawake, you own Your Content. We own the Loveawake Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of Loveawake excluding Your Content and User Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Loveawake Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Loveawake Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Loveawake Content are retained by us.
Loveawake and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content does not necessarily reflect the opinion of Loveawake. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
You agree not to, and will not assist, encourage, or enable others to:
A. Violate our Content Guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review.
B. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
C. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
D. Promote a business or other commercial venture or event, or otherwise use Loveawake for commercial purposes, except if explicitly permitted by Loveawake.
E. Submit personal information about minors, or submit or transmit pornography.
F. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Loveawake or Loveawake Content (other than Your Content), except as expressly authorized by Loveawake.
G. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Loveawake or any Loveawake Content. H. Reverse engineer any portion of the Site.
I. Record, process, or mine information about other users.
J. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Loveawake's technology infrastructure or otherwise make excessive traffic demands of our website.
K. Attempt to gain unauthorized access to Loveawake, user accounts, computer systems or networks connected to our website through hacking, password mining or any other means.
L. Use Loveawake to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
M. Use any device, software or routine that interferes with the proper working of Loveawake, or otherwise attempt to interfere with the proper working of our website.
6. GUIDELINES AND POLICIES
A. Content Guidelines
You represent that you have read and understood our Content Guidelines.
C. Copyright and Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
You agree to indemnify, defend, and hold Loveawake, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Loveawake Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with Loveawake, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Loveawake reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Loveawake. Loveawake will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LOVEAWAKE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "LOVEAWAKE ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. LOVEAWAKE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF LOVEAWAKE IS AT YOUR OWN DISCRETION AND RISK. THE LOVEAWAKE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF OUR SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE LOVEAWAKE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE RATINGS OR REVIEWS.
B. LOVEAWAKE DOES NOT VERIFY THE AGE OF INDIVIDUALS REVIEWED ON OUR SITE AND CANNOT GUARANTEE THAT THE AGES DISPLAYED ARE ACCURATE.
C. THE LOVEAWAKE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE INDIVIDUALS LISTED ON LOVEAWAKE OR THE SITE'S USERS. ACCORDINGLY, THE LOVEAWAKE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE INDIVIDUALS LISTED OR REVIEWED ON THE SITE. YOUR USE OF THE INFORMATION ON LOVEAWAKE IS AT YOUR OWN DISCRETION AND RISK.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH LOVEAWAKE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF OUR SITE E. THE LOVEAWAKE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) REPUTATIONAL HARM, OR (iv) LOSS OF INFORMATION OR DATA.