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TERMS OF USE

TABLE OF CONTENTS:

GENERAL

These Terms of Use govern your use of the website www.lovetime.com (the "Website"), which is provided, maintained and operated by LOVETIMECOM LIMITED, a company domiciled in New Zealand, with its address at: Suite 5009, 24B Moorefield Rd, Johnsonville, Wellington 6037, New Zealand ("Operator"). These Terms of Use constitute a legally binding agreement between the Internet user accessing and using the Website and accepting these Terms of Use and all associated documents, including but not limited to the Privacy Policy and the Terms of Payment referenced herein ("You") and the Operator governing your access and use of the Website, and its provisions may be enforced against you under applicable law. Please read and review these Terms of Use before accessing or using the Website. By accessing or using the Website, you acknowledge that you have read, understand and agree to be legally bound by these Terms of Use and the documents referenced herein without limitation or qualification. These Terms of Use are subject to change; please review these Terms of Use each time you access and/or use the Website. By accessing or using the Website, you shall be deemed as having accepted the most recent version of these Terms of Use. If you do not agree to follow and be bound by these Terms of Use, you may not access or use this Website in any way.

The term “Website” includes the Website itself, underlying software and hardware, all content available on or by means of the Website and all of the Websites provided on or through the Website, unless otherwise specified. You will be deemed "using" the Website anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Website or any parts or sections thereof or interact or communicate with other users by means and with help of the Website. Your use of the website and/or any part thereof at any moment signifies your agreement to be bound by these Terms of Use. By using the Website, you consent to the collection, processing and use of your personal data in accordance with our Privacy Policy, which constitutes an integral part of these Terms of use and is available here: PRIVACY POLICY.

These Terms of Use apply to this Website only, apply only to your rights and responsibilities in connection with your use of this Website and do not apply to your use of, or rights and responsibilities regarding, any other sites including but not limited to any other websites that may be offered by the Operator or other third parties.

USER ELIGIBILITY

Certain content, functionality or results of interaction available on or by means of the Website may be intended for adults only. To use the Website, you must be both (1) at least 18 (eighteen) years of age, and (2) of legal age in the jurisdiction from which you access and use the Website. If you are at least 18 years of age but are a minor for legal purposes where you live, you must review these Terms of Use and have your parent or legal guardian accept the Terms of Use on your behalf in order for you to use the Website. The person accepting the Terms of Use on your behalf must be legally competent. If you are not 18 years of age, you may not access and use the Website. The Operator reserves the right to report attempts of use of the Website by the minors to the appropriate authorities.

REGISTRATION

You may be asked to provide certain registration details, such as name, date of birth, e-mail address or other information to access the Website or to access some of the resources on this Website. You agree that all of the information you provide on this Website will be correct, truthful, current, and complete. Providing misleading information about your identity is forbidden. If the Operator believes that the information you provide is not correct, current, or complete, or is false or misleading, the Operator has the right to refuse, suspend or terminate your access to this Website or any of its resources and to suspend or terminate your account at any time.

When you register to become the user of the Website and accept these Terms of Use, you may be required to create a username and a password for logging into your personal account on the Website. You (and your parent or legal guardian, if you are considered a minor in your jurisdiction) are personally responsible for any use of the Website with your username and password. You agree to take due care in protecting your username and password against misuse by third parties and promptly notify the Operator about any misuse via the following e-mail: info@lovetime.com.

PRIVACY AND PERSONAL DATA

The information required to be provided in connection with your use of the Website may include certain personal data. Collection, use and processing of your personal data by the Operator are subject to the terms of the Privacy Policy, available here: PRIVACY POLICY.

You agree that when you provide any and all personal data you do so upon having reviewed and agreed to the Terms of Use and the Privacy Policy, that you provide it consciously and that your personal data is collected, processed and stored basing on your express consent and approval.

GRANTED LICENSE

Subject to your acceptance of, agreement to and continued and full compliance with and performance of the terms and conditions set forth in these Terms of Use and related documents, the Operator hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Website, and if and only to the extent receiving certain rights to use the Website may be required under the laws of your jurisdiction, the following limited, revocable, non-exclusive, non-transferable, non-assignable, personal, worldwide, royalty-free rights and license, if and as applicable:

The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute a direct infringement of the Operator’s and/or its licensors’ intellectual property rights and a material breach of these Terms of Use:

The license granted herein confers no title or ownership in the Website and should not be construed as a sale or transfer or assignment of any rights to the Website or any part thereof or any content available on or by means of the Website. All rights, titles and interests in and to the Website and all parts and sections thereof including without limitation any and all computer code, technology, site engine, themes, objects, logos, artwork, menu items, user interface, embedded services, functionality and other materials and content are owned by the Operator and/or its licensors.

TERMS OF USE

By accepting these Terms of Use and agreeing to be bound by them, you agree that your access and use of the Website must be at all times performed in strict accordance with the following guidelines:

INTERACTION WITH OTHER USERS

This Website is designed and designated for interaction with and between the users of the Website. Your interaction and communication with other users must be at all times performed in strict accordance with these Terms of Use.

You must treat all other users of the Website with dignity and respect, and respect the privacy and opinions of other users. Any communication with, or action against, other users of the Website that is performed in violation of these Terms of Use or general principles of normal human communication will not be tolerated and may result in suspension or termination of your account, as well as your prosecution if your behavior on the Website may be deemed illegal under any applicable law.

CONSENT TO MONITOR

The Operator reserves the right, but is under no obligation, to monitor your account, your activities on the Website related to your account, and your communications with other users of the Website for the purposes of confirming that you use the Website in full accordance with these Terms of Use. You hereby grant the Operator, its affiliates and its contractors your express permission and consent to monitor your account and communications for purposes of confirming legal use of the Website and identifying instances of restricted use and communicating potential violations of these Terms of Use and applicable law to the Operator.

Further to the above, you hereby explicitly agree that the Operator, its designated affiliates or employees may issue warnings to you if you are found in the process of monitoring your behavior on the Website to be behaving in violation of these Terms of Use, in instances such as insulting other users of the Website with whom you communicate via the services provided on the Website, such as the Website’s chat system. In these instances the Operator, its designated affiliates or employees are entitled to perform the following disciplinary actions at their sole discretion:

USER SUBMISSIONS

The Website enables you to upload and share via the Website textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be or may be made available to all users of the Website.

When you submit (or attempt to submit) your User Submissions on or by means of the Website, as consideration for your use of this Website, you automatically grant to the Operator and its affiliates, for the full term of protection of the exclusive right in and to the relevant User Submission, an irrevocable, worldwide, unconditional, unrestricted, unencumbered, fully-paid, royalty-free, transferable, assignable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license to make available to the general public over the Internet and any other telecommunications network, including wireless networks, publicly display, publicly perform, distribute, store, transcode, host, cache, maintain, broadcast, cable-cast, webcast, reproduce, edit, modify, delete, create derivative works of any type, and/or otherwise use your User Submissions (or any portions or derivative works thereof), associated with your name, in any manner, medium, form or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in the Operator’s (or its authorized designees’/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. You hereby expressly agree that the Operator may, and you hereby grant to the Operator your express consent to, use any of your User Submissions within the scope of rights granted by you under the license above with or without designating your name as the author or right holder of the relevant User Submission, or anonymously, at the Operator’s sole discretion. The license granted by you herein shall survive until expiration of the full term of protection of the exclusive right in and to the relevant User Submission under applicable law in accordance with its terms regardless of whether you stop using the Website or the Operator terminates your access to the Website or your account for any reason whatsoever.

By submitting your User Submissions on or by means of the Website you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom, and that the Operator or any party that may be designated by the Operator as the Website’s operator shall not bear any responsibility or carry any liability for the content of your User Submissions or their uploading to the Website. For the avoidance of any doubt, you as the uploader of the User Submissions shall be responsible and liable for the conformance of all your User Submissions to these Terms of Use, any applicable law and general principles of legality. You further acknowledge and agree that neither the Operator nor any of its affiliates is legally required or will assume or have any liability for any of your User Submissions and action or inaction by the Operator or such affiliate with respect to any User Submission.

It is not the Operator's regular, established practice to monitor, control, or have knowledge of the User Submissions submitted using the Website, but the Operator may do so in its sole discretion. You acknowledge that the Operator is not required by applicable law to pre-screen any User Submissions submitted by you or other users of the Website but that the Operator (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms of Use or any applicable laws, or if otherwise desired or necessary, as may be determined by the Operator in its sole discretion.

You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and that the Operator and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Website may be similar or the same as your User Submissions. Because of the viral nature of social media that is this Website, you should not submit any content or information via the Website or directly to the Operator that you do not want to be viewed, made available to the general public, and "shared" or otherwise distributed to or by third parties, including but not limited to the Operator, its affiliates and other users of this Website. In connection with all of the User Submissions you submit to the Website, and any other activities that you conduct on or by means of the Website, you represent, warrant and covenant the following:

You shall settle any disputes related to your User Submissions by yourself and at your sole expense, and nothing in these Terms of Use obligates the Operator or any of its affiliates or assignees to bear any responsibility or carry any liability for your User Submissions and their use by the Operator or any of its affiliates or assignees.

The Operator shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Website users' User Submissions) that violate these Terms of Use or are otherwise objectionable, as determined by the Operator in its sole discretion. In this case, the Operator may be entitled to terminate your and/or any Website user's (as applicable) continued access to and/or other use of the Website (including, without limitation, access to and/or use of any sections, parts or portions of the Website or services generally available via the Website, or features or functionality available on or through the Website). The Operator does not control or endorse any User Submissions, and any User Submissions submitted to the Website do not reflect the opinions, views or policies of the Operator or any of its affiliates or designees. The Operator further disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against the Operator or any of its affiliates with respect to such User Submissions.

The Operator reserves the right to report any unlawful or illegal User Submission to the relevant third parties, such as law enforcement agencies and intellectual property holders, and the Operator shall block access and remove any User Submission reported by law enforcement agencies or intellectual property holders.

The Operator is not responsible for any loss, theft or damage of any kind to any User Submissions.

If the Website does not enable you to remove or delete certain submissions and you wish to have any of your User Submissions removed or deleted from the Website, e-mail your removal/deletion request to info@lovetime.com. The User Submission will be removed from the Website within a reasonable period of time. Nonetheless, a User Submission that has been removed may still be available to third parties who previously acquired the link to that User Submission and the Operator may maintain copies of User Submissions for archival purposes.

The Operator reserves the right to display advertisements in connection with your User Submissions. The Operator may use your User Submissions to advertise and promote your User Submissions or the Website (in whole or in part) or any of the Operator’s products or other Websites subject to your consent. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.

These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Website.

INTERACTION WITH OTHER USERS

This Website is designed and designated for interaction with and between the users of the Website. Your interaction and communication with other users must be at all times performed in strict accordance with these Terms of Use.

You must treat all other users of the Website with dignity and respect, and respect the privacy and opinions of other users. Any communication with, or action against, other users of the Website that is performed in violation of these Terms of Use or general principles of normal human communication will not be tolerated and may result in suspension or termination of your account, as well as your prosecution if your behavior on the Website may be deemed illegal under any applicable law.

RESTRICTIONS

You hereby agree that you are expressly prohibited to, and are prohibited to allow any third party to perform, any of the following actions, and any actions similar in nature or intent thereto:

Breach of this "Restrictions" section of these Terms of Use shall be deemed to constitute a material breach of these Terms of Use and a direct violation of applicable laws. Unauthorized access and use of the Website, including any use in contravention of these Terms of Use and the "Restrictions" section of these Terms of Use, is prohibited and may result in criminal prosecution and/or civil and/or disciplinary or administrative liability, as well as action against you and your account initiated by the Operator.

REPORTING ABUSE

You may report abuse by other users of the Website, as well as users engaged in activities listed in the “Restrictions” section of these Terms of Use, by sending an e-mail to the following address: info@lovetime.com.

CLAIMS OF INFRINGEMENT

If you believe that any content appearing on the Website your intellectual property rights or intellectual property rights of third parties that you may be representing, please send the following information in writing at info@lovetime.com:

CONTESTS, GAMES AND ADVERTISING

Certain information made available to Website’s users or otherwise distributed via the Website may be classified as advertising under applicable law. You hereby grant your express consent to view and receive advertising materials and information made available to Website’s users or otherwise distributed via the Website, notwithstanding the origin of the advertisement and of the advertising entity or person.

In addition to advertising, the Website may contain information on or offers to take part in different games, advertising activities and other similar activities offered by the Operator or third parties selected by the Operator. You understand and agree that each and every such activity is or may be governed by a standalone document setting forth the terms and conditions of your participation and general rules of such activities, which documents may include, without limitation, Terms of Payment, game rules and end user license agreements. You hereby expressly agree to be bound by any and all such documents, and agree that your engagement in any such activities shall be deemed to be an automatic consent to any and all terms, conditions and rules that may be imposed by any such documents, and shall be governed by these documents only. You also agree and confirm that these Terms of Use do not regulate any such activities.

SUSPENSION/TERMINATION OF USER ACCOUNT

You may terminate your access and use of the Website if you no longer wish to use the Website by purging your account information and permanently deleting your account at any moment.

The Operator reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, as the Operator may determine appropriate. The Operator may suspend, terminate, modify, restrict or delete your access to the Website at any time at its sole discretion, with or without notice to you, if there is an indication that you have breached these Terms of Use.

If you are found to be in a material breach of these Terms of Use, such as being found violating the "Restrictions" section of these Terms of Use by using the Website for illegal purposes, or being reported by a user abused by you, the Operator reserves the right to both suspend your account for an indeterminable amount of time and notify the relevant government officials in the relevant jurisdiction if your actions may be classified as illegal and punishable under applicable laws.

NETWORK SECURITY AND ACTION REQUIRED BY LAW

Your use or distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with the Website is strictly prohibited. If you become involved in any violation of system security, the Operator reserves the right to release your details to system administrators at other sites, including sites not directly related to the Website and/or operated by the Operator or any of its affiliates in order to assist them in resolving or preventing security incidents.

The Operator reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing the Operator to disclose the identity of, or other information about, anyone posting any e-mail messages or publishing or otherwise making available on this Website any materials that are believed to violate these Terms of Use or applicable law, including you.

In addition to the foregoing, The Operator may need to comply with lawful interception and/or data retention requirements imposed by your country of residence or any other country in which you use the Website. The Operator may restrict access to any part of the Website or terminate your access to the Website, at any time in its sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.

LINKS TO THIRD-PARTY WEBSITES AND CONTENT

The Website may contain hyperlinks or references to other sites that are not maintained by, or related to, the Operator or its affiliates and over whom the Operator has no control. The Operator may provide such hyperlinks or references to other sites as a convenience to users, and such sites are not and shall not be viewed as sponsored or endorsed by or affiliated with the Website or the Operator. The Operator has not reviewed the content of such sites and is not responsible for the contents of any of those sites. The Operator makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this Website, specifically disclaims any and all responsibility and liability for any content, software, functionality, websites or advertised products available via third-party websites or other Internet or mobile resources, and shall have no liability for any damages or injuries of any kind arising from the content or information of such sites, including any damages or injuries suffered from infringement of third-party intellectual property rights. All users access any hyperlinks at their own risk. A hyperlink to any third-party Website does not imply endorsement or recommendation by the Operator of that Website or the content or information contained therein, and you agree that you access and use such third-party websites at your sole risk. Upon accessing any such site, you must review and agree to the rules of use of the relevant site before using the site.

Furthermore, third-party content and websites may be terminated or interrupted at any time, and the Operator makes no representation or warranty that any content or website will remain available for any period of time, and the Operator expressly disclaims any responsibility or liability for any interruption or suspension of any third party content or website. The Operator is, and may not be held, neither responsible nor liable for customer services related to third party sites. Any question or request for customer services relating to third party sites should be made directly to the relevant site’s operator.

FEES AND PAYMENT INFORMATION

Your use of the Website may be or may become subject to fees being charged. Any fees that may be charged by the Operator will be announced separately in connection with the Website.

Use of the Website may involve transmission of data through your Internet or mobile provider’s network. Your Internet or mobile provider may charge you for such data transmission. You may also incur additional third party fees in connection with your use of the Website, such as paying fees for playing certain games available on the Website. The Operator assumes no responsibility for your payment of any such charges to third parties.

You may be offered to unlock certain functionality of the Website for a fee, such as specific inter-Website currency available for use on the Website or in connection with the services it offers. All such fees shall be announced separately in connection with the Website, and you understand that you pay any such fees at your own discretion.

Other than as expressly permitted under the Terms, or as required by law, any fees that may be charged by the Operator in connection with the Website are non-exchangeable and non-refundable. All fees, unless specifically noted otherwise, shall be exclusive of VAT, goods tax, sales and use, or similar taxes.

ACCESS, UPTIME AND AVAILABILITY

The Website may not be available in some countries and may be provided only in selected languages. The Website may be network dependent. The Operator reserves the right, in its sole discretion, to change, improve and correct the Website. The Website may not be available during maintenance breaks and other times. The Operator may decide to discontinue the Website or any part thereof in its sole discretion and at any given moment. The Operator does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction, and does not represent or warrant that your access to the Website will be error-free, virus-free, uninterrupted, and that the Website servers will be up permanently.

CONTENT OWNERSHIP

All right, title and interest, including the exclusive copyrights and other rights, in and to the contents of this Website, including but not limited to the design of the Website, its engine, user interface and underlying software, services and functionality, chat system, text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and the like, are owned by the Operator and/or its licensors, and the Operator and its licensors retain all right, title, and interest in and to these contents. The contents of this Website, including the selection, arrangement, and look and feel, are protected by various national copyright and trademark laws and by international treaties and conventions. Except for the user license granted to you under these Terms of Use, no right, title, license or other interest in any of the contents or any patent, trademark, copyright or other intellectual property is transferred, assigned, licensed or otherwise conveyed to you by your access to and use of this Website, by implication, estoppel or otherwise, and the Operator, or the party that provided the contents, at all times retains all right, title, and interest in any contents that you may be accessing or using on the Website.

You may not copy, distribute, modify, republish, download, post, display, perform, add to, abridge, compile, adapt, translate, modify, create any derivative work, update, broadcast, make available to the general public, or otherwise transmit, disseminate or use in any way or manner whatsoever any of the Website’s contents. You may not remove, obscure or alter, or cause to be removed, obscured or altered, any copyright, trademark, or other proprietary notice appearing in any part of the Website’s contents. Modification or use of Website’s contents by means and/or for purposes other than as provided in these Terms of Use violates the intellectual property rights of the Operator or the party that provided the Content to the Operator and entitles the Operator to seek legal remedies against you, available to the Operator both under national and international law.

You may not access, download, or use this Website or any of its Content in violation of the export laws and regulations of any jurisdiction.

All of the product names, trade names, slogans, logos, and other trademarks and service marks appearing on this Website are the property of the Operator, its affiliates, or selected third parties unless otherwise noted. The Operator and designated third parties retain any and all rights in these designations, and you may not use any of these designations except for the sole purpose of properly identifying products, services or websites, including the Website, as originating from the Operator. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, the Operator without the Operator’s prior written consent. The use or misuse of these designations or any other similar materials is prohibited and may be in violation of applicable international, national, state or federal law.

You understand and agree that you have no interest, monetary or otherwise, in any feature, functionality or content contained on the Website or in any of the services available via the Website, including without limitation any Website-exclusive items or inter-Website currency. You may not purchase, sell or trade any Website-exclusive items or inter-Website currency for anything of value in the real world.

You hereby agree that the Operator is entitled to enforce its intellectual property rights to the fullest extent of the law in case of any violation of its intellectual property rights by you.

COOKIE POLICY

The Website may deploy certain data files to be stored in your web or mobile browser and/or on your computer or mobile device, designed for "remembering" you and your activities on the Website (the "cookie" files). Use of cookie files by the Operator and the Website is regulated by the "Cookie Policy" section of the Privacy Policy, available here: PRIVACY POLICY. You hereby consent and agree that your use of the Website constitutes automatic acceptance of the Operator’s Cookie Policy discussed in the Privacy Policy, incorporated herein by reference.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE DISCRETION AND YOUR SOLE RISK. THE WEBSITE, AND ANY PORTION OR SECTION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES AVAILABLE TO YOU VIA THE WEBSITE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT ALLOWED UNDER ANY APPLICABLE LAWS, NEITHER THE OPERATOR NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY OTHER INTERNET OR MOBILE RESOURCES LINKED TO THE WEBSITE. THE OPERATOR RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO CHANGE, MODIFY, ADD, REMOVE OR DISABLE ACCESS TO ANY PORTION OF THE WEBSITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER ANY AND ALL APPLICABLE LAWS, IN NO EVENT WILL THE OPERATOR, ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF GOODWILL, DATA OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE THE WEBSITE OR ANY PART OR PORTION THEREOF, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE WEBSITE.

INDEMNITY

You agree to defend, indemnify and hold the Operator, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, representatives, licensees, authorized designees, successors, assigns and contractors harmless from and against, and reimburse to the Operator or any such party in full any costs or expenses arising or resulting from, any and all third party claims and all liabilities, assessments, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees resulting from or arising out of:

The Operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Operator in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

WAIVER

BY USING THIS WEBSITE AND ACCEPTING THESE TERMS OF USE, TO THE MAXIMUM EXTENT AVAILABLE UNDER ANY APPLICABLE LAW YOU HEREBY WAIVE AND AGREE TO RELEASE AND HOLD HARMLESS THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS AND ANY OTHER APPROPRIATE PARTY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS AND ANY OTHER APPROPRIATE PARTY DURING OR AS A RESULT OF INVESTIGATIONS WITH RESPECT TO YOUR ACCESS AND USE OF THIS WEBSITE OR ANY PART OR PORTION THEREOF, AND FROM ANY AND ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND ANY OTHER APPROPRIATE PARTY, INCLUDING BUT NOT LIMITED TO ANY LAW ENFORCEMENT AUTHORITIES.

JURISDICTIONS

This Website and its contents are intended to comply with applicable laws and regulations of New Zealand. Although the information on this Website may accessible to users outside of New Zealand, the information on the Website pertaining to the Operator is intended for use only by residents of New Zealand. Other countries may have laws, regulatory requirements and business practices that differ from those New Zealand. This Website may link to other sites produced by the Operator’s operating divisions and subsidiaries, some of which are located or hosted or intended to be accessed and used outside New Zealand. Those sites may have information that is appropriate only to that particular originating country. The Operator reserves the right to limit provision of the Website to any person, geographic region or jurisdiction. Any offer for any product or service made on this Website is void where prohibited.

GOVERNING LAW

Except where prohibited by applicable law or provided otherwise herein, these Terms of Use shall be governed by the laws of New Zealand without regard to its conflict of law provisions.

BINDING ARBITRATION

You and the Operator agree to submit to the exclusive jurisdiction of the competent courts in New Zealand to resolve any legal matters arising from these Terms of Use or relating to your access and use of the Website. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

The failure of the Operator to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. To the maximum extent allowed under any applicable laws you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms must be filed within 1 (One) year after any such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

INJUNCTIVE RELIEF

You acknowledge that the Operator may suffer irreparable damage if you breach any of the provisions of these Terms of Use. Therefore, notwithstanding provisions of the "Binding Arbitration" section of these Terms of Use, in any case of your violation of these Terms of Use the Operator shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate in any jurisdiction.

SEVERABILITY

If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

CHANGES TO TERMS OF USE

To the fullest extent permitted under applicable law, the Operator reserves the right to modify, update, supplement, revise or otherwise change these Terms of Use in order to comply with applicable new legislation and/or regulations and/or to improve the Website, and to impose new or additional rules, policies, terms or conditions in relation to the Website, from time to time with or without notice to you. The Operator may notify you of the amendments to these Terms of Use by sending an email message to the email address listed in your account information or by posting the notice on the Website. All amendments to these Terms of Use will be effective immediately and incorporated into the Terms of Use upon sending or posting of such notice. You are responsible for regularly reviewing these Terms of Use. Your use of the Website or any part thereof after any changes to these Terms of Use are posted on the Website or otherwise made available for review will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to terminate your account and stop using the Website.

NO RIGHT OF FUTURE ACCESS

THE RIGHTS UNDER THESE TERMS OF USE ARE GRANTED FOR THE DURATION OF YOUR VISIT AND USE OF THE WEBSITE. THESE TERMS OF USE DO NOT GRANT YOU ANY RIGHTS WITH RESPECT TO YOUR FUTURE ACCESS TO THE WEBSITE. THUS, THE OPERATOR MAY, IN ITS SOLE DISCRETION AND AT ANY TIME, DISCONTINUE THE WEBSITE OR ANY PARTS THEREOF OR LIMIT OR RESTRICT ANY USER ACCESS THERETO, FOR ANY REASON, WITH OR WITHOUT NOTICE. YOU UNDERSTAND AND AGREE THAT THE OPERATOR MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER THE OPERATOR NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR OR ANYONE ELSE'S ACCESS TO THE WEBSITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS OR THE USER SUBMISSIONS OF ANYONE ELSE, OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU OR ANYONE ELSE MAY HAVE PROVIDED ON OR BY MEANS OF THE WEBSITE.

CHANGE OF OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Website, of any information about you, including your registration details, User Submissions, and personal data, contained in the applicable database used by the Website, to the extent the Operator assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of the Operator's assets, or in connection with a merger, acquisition or sale of all or some assets related to the Website, to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Website signifies your agreement to be bound by the terms of use and privacy statement of the Website's subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

MISCELLANEOUS

The terms set forth in these Terms of Use are fundamental elements of the basis of the agreement between the Operator and you, and you expressly acknowledge and agree that the Operator would not be able to provide the Website and its functionality to you without the limitations and restrictions set forth herein.

These Terms of Use, including all documents comprising the Terms of Use or referenced herein, constitute the entire agreement between you and the Operator, and supersede any prior agreement between you and the Operator with respect to your access and use of the Website.

The Operator will not be liable or responsible for any failure to fulfill any of its obligations under these Terms of Use which failure is due to any cause or condition beyond the reasonable control of the Operator.

The provisions of these Terms of Use that are intended to or by their nature should survive termination of your use of the Website shall remain valid after any such termination.

You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of the Operator.

You may not assign these Terms of Use in whole or in part, and any attempted assignment in violation of this provision shall be null and void. The Operator may assign these Terms of Use or any of its rights and obligations under these Terms of Use without your consent at any time.

No waiver of any default, condition or breach of these Terms of Use shall constitute a waiver of any other default, condition or breach of these Terms of Use, whether of a similar nature or otherwise.

You must supply all necessary facilities, utilities and equipment necessary to access and use the Website, including but not limited to appropriate computer and/or mobile equipment and Internet connections, at your sole risk and expense.

In no event shall the Operator be liable for any failure of performance resulting from causes beyond the reasonable control of the Operator, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

These Terms of Use constitute the entire agreement between you and the Operator relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on or made available via the Website at any moment will govern the items, functionality, services or other items to which they pertain.

CONTACTS

If you have any comments or questions concerning your access and/or use of the Website, please contact the Operator using the following contact details:

Operator address: Suite 5009, 24B Moorefield Rd, Johnsonville, Wellington 6037, New Zealand

For general questions: info@lovetime.com

Legal department (abuse team): info@lovetime.com

Legal department (for claims of infringement): info@lovetime.com

Legal department (general): info@lovetime.com

Tech support: info@lovetime.com

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