Terms and Conditions for LuvAFoodie.com
As a visitor to, or Member of, LuvAFoodie.com, “Welcome”. We are glad that you are here and hope that you connect with the Foodie of your dreams. We are an on-line dating service (“Service”). Whether you are a Member, or a site visitor, your use of LuvAFoodie.com, or our Service, means that you agree to the following terms and conditions. We may change these terms and conditions, at any time, with or without notice, by posting the modified terms and conditions on the LuvAFoodie.com website. Your continued use of our website is your consent to the modifications of these terms.
1. Membership. As a Member of our site, you agree that:
- You are over 18, and are single.
- We may communicate with you through email at the address you provide.
- It is your responsibility to keep your user id and password secret and that we may rely upon instructions received under your user id and password. You agree to immediately notify us of any unauthorized use or disclosure of your username or password.
- To log out from your account at the end of each session.
- You will not post telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members.
- All Content you place on LuvAFoodie.com may be viewed by anyone visiting LuvAFoodie.com.
- If you hide your profile, other Members will not be able to view your profile until you “unhide” your profile. If you cancel your membership, we may remove your profile.
- A Member profile may remain posted on LuvAFoodie.com even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not be able to communicate with that Member if he or she is not then actively using the Service.
- All Content you provide is accurate and truthful and that you will promptly update any information that subsequently becomes inaccurate, misleading or false. You will promptly update your billing information so that it is current, complete and accurate. You authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card from your credit or debit card issuer.
- You are solely responsible for the information that you upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on LuvAFoodie.com or transmit to other Members, including but not limited to, emails, videos, photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post, or transmit to us, or any Member, any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights.
- You will take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off LuvAFoodie.com or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
- WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF MEMBERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.
2. Term and Termination. This Agreement will remain in full force and effect until you stop accessing LuvAFoodie.com and/or terminate your Membership. You may modify or terminate your membership by following the instructions on LuvAFoodie.com. If you terminate your Membership, your benefits will continue until the end of your then-current membership period. You will not receive a refund of any portion of the fees paid for the then-current membership period. If you paid for your membership using a multi-payment option, you must make all payments even if you cancel your membership prior to the end of your then existing membership period. We may suspend and/or terminate your membership at any time if you breach the terms of this Agreement, misuse the Service or behave in a way that is inappropriate or unlawful, including actions or communications occurring outside of LuvAFoodie.com involving Members you meet through the Service. Upon termination or suspension, you will not be entitled to any refund of unused fees and, if applicable, all unpaid fees will be due and payable immediately. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
3. Fees. You agree to pay all charges and fees for the membership period selected by you for membership and any use of our Service. We may charge the provider identified at the time you become a Member, (your “Payment Method”), for your initial membership period, and again at the beginning of any subsequent membership period. You agree to pay any sales or similar taxes that may be imposed on your use of the Service. We may correct any billing errors or mistakes. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may, at our option, terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
4. Content Review. We may, but are not obligated to, monitor or review Content, (including your profile and photographs), you Post on LuvAFoodie.com. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement, or may harm our reputation. We may restrict the number of emails that a Member may send to other Members.
5. Information We Provide. From time to time, we may make opinions, advice, statements, offers, or other information or content available on LuvAFoodie.com or through the Service. This content is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
6. Links. LuvAFoodie.com or the Service may contain links to other sites. We are not responsible for the content or privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the terms and conditions of a linked site.
7. Prohibited Activities. To protect the integrity of our Service, and the safety of our Members, you agree that you will not:
- impersonate any person or entity.
- solicit money from any Members.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other 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 Website, Service or its contents.
- collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
- interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through LuvAFoodie.com or our Service.
- “frame” or “mirror” any part of the LuvAFoodie.com or our Service.
- use meta tags or code or other devices containing our trademarks, trade names, service marks, logo or slogans, to direct any person to any other website for any purpose.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from LuvAFoodie.com or our Service except in connection with your personal use of the Service for its intended purpose.
8. Privacy – Information Collection, Use, and Sharing . We may obtain information about you through LuvAFoodie.com or the Service. We may use your information to respond to your inquiries, requests and orders. We may share this information with our vendors, partners and suppliers for the purpose of fulfilling your inquiry, request, order or otherwise performing activities on your behalf. You may opt out of any future contacts from us at any time. We may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary under applicable law or best practices.
9. Proprietary Rights. LuvAFoodie.com, and its contents, are protected by various laws, and are the property of Luv A Foodie, LLC. You may not modify, copy, publish, display, distribute, transmit, adapt or exploit any material obtained from this site without our prior written consent. To request permission, you may contact us at: 3432 Denmark Avenue, #233, Eagan, MN 55123-1088. You may not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright or trademark notices. By posting Content on LuvAFoodie.com you grant us an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify, share and distribute the Content, prepare derivative works of the Content and incorporate the Content into other works. You represent and warrant that any Posting and use of your Content by the Company will not infringe or violate the rights of any third party.
10. Notice and Procedure for Making Claims of Copyright Infringement. If you are a third party that believe your work has been posted on LuvAFoodie.com in a way that constitutes copyright infringement, please provide us notice containing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A reasonably sufficient description of location of the material on LuvAFoodie.com to enable us to investigate your claim;
- Your address, telephone number and email address; and
- A written statement by the copyright owner that they have a good faith belief that the disputed use is not authorized and that the information contained in the notice is accurate.
Notice of claims of copyright infringement should be provided to us at: LuvAFoodie, LLC, 3432 Denmark Avenue, #233, Eagan, MN 55123-1088.
11. Indemnity. You agree to indemnify and hold Luv A Foodie, LLC, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from and against any claim, suit or demand, including reasonable attorney’s fees, made by any third party arising out of your use of LuvAFoodie.com, our Service, or your breach of this Agreement.
12. NO WARRENTIES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE PROVIDE LUVAFOODIE.COM AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PROVIDE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH LUVAFOODIE.COM OR OUR SERVICE. WE DO NOT REPRESENT OR WARRANT THAT LUVAFOODIE.COM OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON LUVAFOODIE.COM OR IN THE SERVICE WILL BE CORRECTED. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON LUVAFOODIE.COM OR THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LUVAFOODIE.COM OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS, OR MAY RESULT, FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO ACCESS, BE A MEMBER OF, DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH LUVAFOODIE.COM OR OUR SERVICE.
13. Limitation of Liability. In no event will Luv A Foodie, LLC, its affiliates or its partners be liable (directly or indirectly) and to the maximum extent allowed by law, for any losses or 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 LuvAFoodie.com or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for: (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized by LuvAFoodie.com or the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or profiles; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, traffic congestion on the Internet or at any website or combination thereof. IN THE EVENT THAT DAMAGES MAY NOT BE DISCLAIMED HEREUNDER, FOR WHATEVER REASON, THE TOTAL AMOUNT OF DAMAGES THAT MAY BE AWARDED HEREUNDER IS THE GREATER OF FIFTY DOLLARS ($50.00) OR THE MAXIMUM ALLLOWED BY LAW.
14. Miscellaneous. This Agreement constitutes the entire agreement between you and Luv A Foodie, LLC, and may only be modified in a written agreement signed by both of us, or by our posting revised terms and conditions to this website. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflicts of law rules. As a condition of your membership and/or use of LuvAFoodie.com, you agree to submit to the personal and exclusive jurisdiction of the courts located within Minnesota and therefore waive any objection you may have to such jurisdiction. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. The terms of this Agreement will survive any termination or suspension of your account, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.