Terms & Conditions

TERMS OF USE AGREEMENT

Last Revised: March 24, 2020

CANCELLATION RIGHTS

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 16 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If you have any questions or comments about this Terms of Use Agreement, you may contact the Company by writing to us at: LoveByLira Customer Care – Love By Lira GmbH, Attn: Customer Service – Terms of Use, 1330 Avenue of the Americas, Midtown, New York City 10018.

This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs our relationship with users and others that interact with Love By Lira GmbH (the “Company”, “we,” or “us”) in connection with the use of our websites (including https://www.lovebylira.com/) (the “Sites”) and our Services (as defined below). We currently make services, products and features available through our Sites and email-to-email, and all products, services and features provided by us in connection therewith shall be referred to collectively as, the “Services”). We may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.

This Agreement and any policy or guideline of the Services may be modified by us in our sole discretion at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Site. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your membership at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.

1. ELECTRONIC RECORDS

Because the Service is provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you.

Electronic Records will be provided on our Site and Service or sent to the email address associated with your membership (you may change the email address provided during registration by sending us an email at membership@lovebylira.com). You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by us, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Company website and the ability to receive and read emails.

You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Service provided by us is only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your membership being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that we may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

2. ELIGIBILITY

By accessing or using our Service, you represent and warrant that: (a) you are at least 20 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of us and are not using the Service for reasons that are in competition with us or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.

3. USE OF THE SERVICE

You agree that you will only use the Service, including the posting of any content through the Service, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Service is void where prohibited.

a. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.

b. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. We do not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that we may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.

c. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

d. User Conduct. We are not responsible or liable in any manner for the conduct of our users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:

use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
defraud, swindle or deceive other users of the Services;
disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
use any scripts, bots or other automated technology to scrape or access the Services or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
collect or solicit personal information about anyone under 20;
use the Service for any phishing, trolling or similar activities;
use the Service to redirect users to other sites or encourage users to visit other sites;
harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
attempt to access any Services or area of the Sites that you are not authorized to access;
bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
use another user’s account or permit or allow other people or third parties to access and use the Services via your account; or
upload invalid data, viruses, worms, or other software agents through the Services.

e. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the “Report This Profile” button or similar button or link on the Services or by contacting us at support@lovebylira.com.

f. Verification and Enforcement. Although we do conduct criminal screenings of our users but you have to agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if the Company believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, the Company may, among other things, investigate, take legal action against you and/or terminate your account and cancel your membership.

4. USER CONTENT

a. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us through the Services (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). The Company does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.

b. Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to us or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly by sending us an email. You may be required to supply certain information and post a photo of yourself to use the Services.

c. No Duty to Review User Content. Although you understand and acknowledge that the Company has duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company’s right to modify, crop or “photoshop” any photos you submit to comply with the Company’s policies, practices and procedures.

d. License of User Content to the Company. The Company claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you hereby grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, distribute, publish, list information regarding, translate, and syndicate such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sub-licenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by the Company will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name, voice, or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release the Company and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.

e. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.

f. Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Company policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:

is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to, or does, harass, or intimidate any other user or third party;
may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
violates someone’s data privacy or data protection rights;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
contains any advertising, fundraising or promotional content; or
is, in the sole judgment of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability of any type.

g. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to the Company and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to the Company by email or otherwise, are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. The Company shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. PRIVACY

Please refer to our Privacy Policy for information about how the Company collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of the Company or post or provide to the Company any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. You also consent to receive emails from us in connection with the use or promotion of the Services.

6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of the Company.

You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to the Company or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The Company reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.

7. REPEAT INFRINGER POLICY

If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing support@lovebylira.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.

The Company reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. COPYRIGHT POLICY

If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) 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 (vi) 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. the Company’s designated Copyright Agent to receive notifications of claimed infringement is:

Love By Lira Customer Care -
Love By Lira GmbH
Attn: Copyright Agent
1330 Avenue of the Americas
Midtown, New York City 10018

Email: support@lovebylira.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

9. TRADEMARKS

The Company’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of the Company, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

10. HYPERLINKS

You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Company websites for noncommercial purposes, provided such link does not portray the Company or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Company’s logo or proprietary graphics to link to any Company website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without the Company’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. the Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.

11. THIRD PARTY CONTENT

The Company may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Company does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

12. ADVERTISERS AND OTHER THIRD PARTIES

The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

13. PAID SERVICES

a. General. If you purchase any Services that we offer for a fee (the “Paid Services”), you authorize the Company and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation sales and use taxes, duties or other governmental taxes or fees). All fees and charges are non-refundable and there are no refunds or credits for any partially used Paid Services. All prices for Paid Services are subject to change without notice.

b. Payment Method. The Company may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize the Company to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”).

c. Cancellation of Services. TO CHANGE OR CANCEL YOUR SERVICES AT ANY TIME, SEND US AN EMAIL AT MEMBERSHIP@LOVEBYLIRA.COM TO CANCEL YOUR SERVICES WITH US AND REMOVE YOUR PROFILE FROM OUR DATABASE. ONCE YOUR SERVICES WITH US HAS BEEN CANCELLED, YOU WILL AUTOMATICALLY FORFEIT YOUR PAID MEMBERSHIP.

d. Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, the Company shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

14. DISCLAIMERS

THE COMPANY PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS USING OUR SERVICE IF THE SAID USER DOES NOT WANT TO BE VERIFIED NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE CONVERSATION BETWEEN USERS. THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

16. GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION

Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.

a. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to, Section 16(b) of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class Action or jury trial, as set out in Section 16(b) hereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against the Company must be resolved in a federal or state court located in New York, NY, USA or as described in the Arbitration provision below. Both you and the Company retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that the state or federal courts located in New York, NY, USA are the exclusive forum for any proceeding to confirm or vacate an arbitration award rendered in accordance with Section 16(b) hereof (or for any proceeding seeking relief in aid of such arbitration) or in the event that the Arbitration provision below is for any reason held to be unenforceable.

b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. For any dispute with the Company, you agree to first contact us within 30 days of when the dispute arises at support@lovebylira.com and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 16(a)) arising out of or in connection with or relating to the Services or this Agreement, or the breach or alleged breach thereof, including disputes related to the interpretation, applicability, enforceability or formation of this agreement to arbitrate (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in New York, NY, USA (or the nearest office to Santa Clara County), unless you request a hearing in your hometown area or you and the Company agree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. Payment of all filing, administration and arbitrator fees and costs will be governed by JAMS rules, but if you are unable to pay any of them, the Company will pay them for you. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Company will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If your claim does not exceed $10,000, then you may choose whether the arbitration will be conducted solely on the basis of the documents that you and the Company submit to the arbitrator, through a telephonic hearing, or by an in-person hearing.

c. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

d. Indemnity. You agree to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account; (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) your violation of any applicable laws, rules or regulations.

e. Severability. If any clause within this Section 16 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

17. TERMINATION

Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

a. Termination by the Company. Notwithstanding anything to the contrary in this Agreement, the Company may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to the Company by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in the Company’s sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to Section 16 of this Agreement.

b. Survival. After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including without limitation Sections 14, 15, 16 and 18.

18. MISCELLANEOUS

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and the Company regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. If any provision, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. The failure of the Company to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any affiliate of the Company, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement. Love By Lira GmbH is a company organized under the laws of Germany (commercial register number HRB 115828 B).

19. LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with the Company. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

Currency Terms of Use

Last Revised: March 24, 2020

1. PURCHASES

To purchase any of our services, you must be a registered user of our Services and comply with these terms of Use (including the Company Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to refuse or cancel orders or terminate accounts at any time in our sole discretion.

2. PAYMENT

By submitting an order for our Services, you authorize the Company, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Services are subject to change without notice. When you provide your payment information to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.

3. TAXES

You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time.

4. ERRORS

While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, email us at support@lovebylira.com. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.

5. DISCLAIMERS

ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES ARE PROVIDED “AS-IS” AND THE COMPANY, ON BEHALF OF ITSELF AND ITS LICENCORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

6. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENCORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY VIRTUAL GOODS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AND ITS LICENCORS’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7. INDEMNITY

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of your purchase or use of any Virtual Goods, or other products or services made available through Services, any termination or suspension of your account or right to use Virtual Goods or any violation of these Terms of Use, the Company Terms of Use, of any law or the rights of any third party.

8. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and the Company regarding the subject matter set forth herein, and supersede all prior and contemporaneous agreements regarding the same. If any provision of these Terms of Use is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of the Company to exercise or enforce any right or provision in these Terms of Use shall not operate as a waiver of such right or provision. In the event of a conflict between these Terms of Use and the Company Terms of Use with respect to the terms of conditions of the any Virtual Good, these Terms of Use shall be controlling.

SIGN ME UP FOR LOVE

Terms & Conditions

TERMS OF USE AGREEMENT

​

Last Revised: March 24, 2020

​

CANCELLATION RIGHTS