TERMS OF USE FOR loveissexy.com

THIS AGREEMENT WAS LAST UPDATED ON JULY 3, 2008.

This online personal service (the “Service”) is a way for adults to meet each other. The service is provided by Loveissexy.com Inc.

The terms and conditions set out below, as they may be amended from time to time, apply to the Service and all viewing of loveissexy.com (the “Website”). If you do not agree to these terms and conditions, you may not use the Service and should not proceed to register or view the Website or register to become a subscriber of the Service.

User Agreement

This Agreement constitutes your agreement with Loveissexy.com Inc., with respect to your use of the Service (the “Agreement”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and “us” means Loveissexy.com Inc. or any successor or assign of Loveissexy.com Inc.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole and unfettered discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. This Agreement shall remain in full force and effect during your use of the Service. You may terminate your membership in, subscriptions to and use of the Service at any time by contacting us at customerservice@loveissexy.com, provided that all representations, warranties and covenants by you as set out in this Agreement shall survive the termination of your membership and subscriptions. You may not use this Service if you are under the age of 18 or if you are not able to form legally binding contracts or if your membership has been suspended by us.

Fees and Payments

Users may access and use the Service by subscribing and paying the subscription fees and any and all applicable taxes for the Service as set out on the Subscription Page of the Website, which forms part of this Agreement. ALL FEES PAID TO LOVEISSEXY.COM INC. ARE NON-REFUNDABLE. Loveissexy.com Inc. reserves the right to change its prices and payment policies at any time, in its sole and unfettered discretion. If your access to the Service is terminated pursuant to a breach of this Agreement or for any other reason, you immediately forfeit any and all amounts paid to Loveissexy.com Inc.

Eligibility: Minors May Not Become Members

You represent, warrant and covenant that you are at least 18 years old. By using the service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

You will keep all information provided to you through the Service as private and confidential and will not disclose such information to anyone without the permission of the person who provided it to you.
You will not post on the Service, or transmit to other users or to our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including, but not limited to, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos or videos containing nudity or post any audio, photos or videos containing any personal information.
You will not send or forward any chain letters, junk mail or spam through the Service or to any other user of the Service.
You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trade-mark law, privacy or other personal rights, and you will not post any such material that is fraudulent or otherwise unlawful or violates any law.
You will not include in your profile any telephone numbers, street addresses, last names, URL's, e-mail addresses or "instant messenger" nicknames.
You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
You will not use the Service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Service, the Website, or to other members' computer systems in any way.
You will post messages, pictures, audio, video or other information only if you are the owner of such materials and have obtained full right, title, interest and permissions in and for such materials, or if such materials are in the public domain.
You will not use the Service for any unlawful purpose.

Advertising

Unless you indicate on the My Account form of the Website that you do not want to participate in such programs, you agree to grant Loveissexy.com Inc. a license for the right to use your text, photos, audio and video recordings on other Loveissexy.com Inc.'s websites in the marketing of the Service or both.

Privacy and Use of Information

Your use of the Service is subject to your agreement to be bound by, and you hereby agree to be bound by, our Privacy Statement. You acknowledge that we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.  We are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. You acknowledge and agree that we do not guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.   We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole and unfettered discretion.  We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service, or of any Loveissexy.com Inc. related products and services. Loveissexy.com Inc. reserves the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement. You confirm that you will have obtained full right, title, interest and permissions in and to any and all messages, pictures, audio and video recordings prior to your posting to or otherwise distributing them through the Service.

You agree and acknowledge that you are solely responsible for the content of your profile, public postings, messages, video and audio recordings and other materials you may upload to the Website or deliver to any users of the Service and for any losses, damages and claims related to or arising from such content and materials.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to this Agreement, including, without limitation, the Code of Conduct, or any other applicable content guidelines, as such guidelines may be amended from time to time by Loveissexy.com Inc. sole and unfettered discretion.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole and unfettered discretion, deem to violate the Code of Conduct or any applicable content guidelines, or deem to be otherwise objectionable or unacceptable.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or conduct that may otherwise affect the use or enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service in our sole and unfettered discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information, which is proprietary to us, our affiliates, third party service providers, and our users. We assert full copyright, trade-mark and design rights in and to the Service. Material posted by us, our affiliates or users of the Service may be protected whether or not it is identified as proprietary to us or to them. By becoming a member or subscriber to the Service and entering into this Agreement, you are granted a limited license, revocable at any time by Loveissexy.com Inc. in its sole and unfettered discretion, to access and to use the Service and the content thereon and to download or print a copy of any materials to which you have properly gained access, solely for your personal and non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to modify, copy or distribute any such material in any manner whatsoever without having first received the express permission of the owner of such material.

You represent and warrant to us that the information posted in your profile is posted by you and that you are the exclusive author of your profile and you represent and warrant that you are the exclusive owner of any text, photographs, audio, video and other content you post on the Website. You assign to us, with full title guarantee, all copyright in your profile, any photographs, audio, video and any additional information you post on the Website and any additional information you sent to us at any time in connection with your use of the Service. You waive absolutely any and all moral rights on your profile and any text, photographs, audio, video and other content you post on the Website and any similar rights in any jurisdiction on the world. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform display, or sell any such proprietary information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

You agree that we have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by our Service. You acknowledge that features, parameters or other services we provide may change at any time. You acknowledge that we reserve the right to sign out, terminate, delete or purge your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by us, in our sole discretion.

You will not harass or impersonate any person or entity. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service of it contents. You will not express or imply that any of your statements are endorsed by us, without our specific prior written consent. You will not interfere with or disrupt any Service or the Website, servers or networks connected to any Service or the Website. You will not post, distribute or reproduce, in any way, any copyrighted materials, trademarks, or other proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not use meta tags or code or other devices contained any reference to us or the Service or the Website in order to direct any person to any other website for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so. You will not post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.

Security

Your account is private and should not be used by anyone else, notwithstanding the foregoing. You acknowledge and agree that you are and will be responsible for all usage or activity of the Service by users using your password, including, but not limited to, use of your password or account or both by any third party.

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including, without limitation, reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including, but not limited to, the Code of Conduct or any charges or complaints made by other parties against you. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free, secure, or that the Service will meet your needs for any purposes. There may be delays, omissions, and interruptions in the availability of the Service. You acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including, without limitation, any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, by our affiliates or any user of the Service or any other person or entity.

YOU AGREE THAT IN NO EVENT WILL LOVEISSEXY.COM INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OR SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRART CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID IF ANY, BY YOU TO US FOR THE SERVICE DURING THE PREVIOUS TWELVE (12) MONTHS. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.

Advice Columnists

The Service may from time to time include messages from advice columnists who respond to relationship questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issues.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Website. If you do not agree to any modifications, you should terminate your use of the Service.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Loveissexy.com Inc. related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

From time to time, Loveissexy.com Inc. or other parties may publish or post articles, opinions, advice, offers, statements and other information on or in connection with the Services. All such materials are provided for entertainment purposes only. You hereby acknowledge and agree that Loveissexy.com Inc. makes no endorsements of such materials and makes no representations regarding and is not liable for any misstatement, errors, inaccuracies or unreliability in any materials posted on the Service and any losses and damages resulting from reliance on such materials by any person.

ADDITIONAL TERMS AND CONDITIONS

This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent díun commun accord que la presente entente soit redigee en anglais.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Loveissexy.com Inc. has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Loveissexy.com Inc. if any or all of Loveissexy.com Inc.’s obligations hereunder are assumed by a third party, Loveissexy.com Inc. shall be relieved of any and all liability under this Agreement.