eLoveHate.com Terms of Service
1. Your relationship with eLoveHate.com
1.1 Your use of eLoveHate.com’s website (referred to as the “Services” in this document) is subject to the terms of a legal agreement between you and eLoveHate.com. “eLoveHate.com” means eLoveHate LLC., whose principal place of business is at PO Box 727, Landsome Road, The Valley AI-2640, Anguilla, British West Indies. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with eLoveHate.com, your agreement with eLoveHate.com will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”.
1.3 The Terms form a legally binding agreement between you and eLoveHate.com in relation to your use of the Services. It is important that you take the time to read them carefully. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by eLoveHate.com in the user interface for the Services; or
(B) by actually using the Services. In this case, you understand and agree that eLoveHate.com will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Language of the Terms
3.1 Where eLoveHate.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with eLoveHate.com.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by eLoveHate.com
4.1 eLoveHate.com may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of eLoveHate.com itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 eLoveHate.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which eLoveHate.com provides may change from time to time without prior notice to you and at eLoveHate.com’s discretion.
4.3 As part of this continuing innovation, you acknowledge and agree that eLoveHate.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at eLoveHate.com’s sole discretion, without prior notice to you.
4.4 You acknowledge and agree that if eLoveHate.com disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to eLoveHate.com will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by eLoveHate.com. You specifically agree not to access or use (or attempt to access or use) any of the Services through any automated means (including use of scripts or web crawlers).
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), and you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.5 You agree that you are solely responsible for (and that eLoveHate.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which eLoveHate.com may suffer) of any such breach. Accordingly, you hereby agree to indemnify, defend, and hold harmless eLoveHate.com, its directors, officers, shareholders, agents and employees from and against any and all damages, demands, claims, threats, suits, actions, investigations, proceedings, charges, costs, and expenses, including without limitation, attorneys’ fees and court costs, arising out of your breach of your obligations under the Terms.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to eLoveHate.com for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify eLoveHate.com immediately at http://www.elovehate.com/Pages/ContactUs
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with eLoveHate.com’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services, may be protected under the copyright laws of the United States and/or other countries. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to eLoveHate.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part.
8.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.4 You agree that you are solely responsible for (and that eLoveHate.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which eLoveHate.com may suffer) by doing so.
8.5 You agree that you own any and all Content you submit, post, or display in connection with your use of the Services to the Services or that you have obtained appropriate permission from the owner of such Content.
8.6 You agree that you shall not submit, post, or display any Content which is defamatory, obscene, pornographic, explicit, profane, abusive, derogatory, racist, harmful, in violation of local laws, or which relates generally to the topics of “sex” and “religion”.
8.7 eLoveHate.com reserves the right to pre-screen and review any Content which you may submit, post, or display to the Services. Further, eLoveHate.com reserves the right to filter, modify, and/or remove from the Services any such Content which it deems, in its sole discretion, to be in violation of these Terms or inappropriate, including such Content which may, at one time, have been deemed by eLoveHate.com to be in compliance with these Terms or appropriate.
9. Proprietary rights
9.1 You acknowledge and agree that eLoveHate.com (or eLoveHate.com’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by eLoveHate.com and that you shall not disclose such information without eLoveHate.com’s prior written consent.
9.2 You do not have the right to use any of eLoveHate.com’s intellectual property, including without limitation methods, processes, trade names, trade marks, service marks, logos, domain names, website layout, trade dress, and other distinctive brand features.
9.3 By submitting, posting or displaying any Content on the eLoveHate.com website and/or Services, you grant to eLoveHate.com a perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, and use such Content on or in connection with the Services and/or advertising for the Services and eLoveHate LLC. You confirm and warrant to eLoveHate.com that you have all the rights, power and authority necessary to grant the above license.
9.4 You understand that eLoveHate.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit eLoveHate.com to take these and other related actions.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by eLoveHate.com, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely to cause confusion about the owner or authorized user of such marks, names or logos.
10. Termination of the relationship with eLoveHate.com
10.1 The Terms will continue to apply until terminated by either you or eLoveHate.com as set out below.
10.2 If you want to terminate your legal agreement with eLoveHate.com, you may do so by (a) discontinuing use of the Services, and (b) notifying eLoveHate.com of your intent to terminate. Your notice should be sent, in writing, to eLoveHate.com’s address which is set out at the beginning of these Terms or www.eLoveHate.com/Terminate
10.3 eLoveHate.com may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) eLoveHate.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) eLoveHate.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(D) the provision of the Services to you by eLoveHate.com is, in eLoveHate.com’s opinion, no longer commercially viable; or
(E) for any other reason.
10.4 In addition, eLoveHate.com may at any time, suspend (including for an indefinite period of time) or terminate your user account if you have breached any provision of Sections 8 and 9 of the Terms.
10.5 Nothing in this Section shall affect eLoveHate.com’s rights regarding provision of Services under Section 4 of the Terms.
10.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and eLoveHate.com have benefited from, been subject to, or which have accrued over time whilst the Terms have been in force, or which are expressed to continue indefinitely, including without limitation the provisions of Section 7, 8, 9, and 17.7 shall survive indefinitely.
11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ELOVEHATE.COM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.3 IN PARTICULAR, eLOVEHATE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, BUGS, MALWARE, SPYWARE, VIRUSES, OR SIMILAR ITEMS; AND
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eLOVEHATE.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 eLOVEHATE.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT eLOVEHATE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH ELOVEHATE.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE eLOVEHATE.COM WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
12.2 THE LIMITATIONS ON eLOVEHATE.COM’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT ELOVEHATE.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.3 YOUR SOLE REMEDY FOR A VIOLATION OF THESE TERMS BY eLOVEHATE.COM (EXCEPT FOR A VIOLATION OF SECTION 7) SHALL BE TO DISCONTINUE USE OF THE SERVICES.
13. Copyright and trade mark policies
13.1 It is eLoveHate.com's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe your copyright has been infringed upon, please contact us at: eLoveHate, Attn: DMCA Manager, PO Box 43283, Cincinnati, OH 45243 or use our contact form.
Please specify the following:
Identify copyrighted items you claim has been infringed.
Identify item(s) on our site that you claim infringes your copyright.
Please provide URLs to locate content you are reporting.
How does the content listed infringe your rights?
By submitting this message, you declare that you have a good faith belief that use of this copyrighted content described above, in this manner, is not authorized by the copyright owner, its agent, or the law. You also declare that information in this notice is accurate. You declare under penalty of perjury, that you are the owner or an authorized agent to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
14.1 The Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information
14.2 The manner, mode and extent of advertising by eLoveHate.com on the Services are subject to change without specific notice to you.
14.3 In consideration for eLoveHate.com granting you access to and use of the Services, you agree that eLoveHate.com may place such advertising on the Services.
14.4 Advertisers and advertising content must adhere to eLoveHate.com’s advertising guidelines. eLoveHate.com reserves the right to reject or to suspend any advertisement that is deemed, in its sole discretion, to disrupt site service or performance or negatively affect user experience on the Services.
14.5 Ads falling under the following subject matter categories, in eLoveHate.com’s sole discretion, will be restricted from running on the eLoveHate.com website: (a) hard liquor or distilled spirits; (b) tobacco; (c) firearms; (d) offshore or internet gambling; (e) sexually explicit, sultry or offensive, including ads with nudity; (f) deceptive or misleading ads; (g) pop-up or pop-under ads; and (h) such other types of ads as eLoveHate.com may determine from time to time.
15. Other content
15.1 The Services may include hyperlinks to other web sites or content or resources. eLoveHate.com may have no control over any web sites or resources which are provided by companies or persons other than eLoveHate.com.
15.2 You acknowledge and agree that eLoveHate.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that eLoveHate.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1 eLoveHate.com may make changes to the Terms from time to time. When these changes are made, eLoveHate.com will make a new copy of the Terms at http://www.elovehate.com/Pages/TermsOfUse. and such Terms will be made available to you from within, or through, the Services.
16.2 You understand and agree that if you use the Services after the date on which the Terms or have changed, eLoveHate.com will treat your use as acceptance of the updated Terms.
17. General legal terms
17.1 Sometimes when you use the Services, you may use a service provided by another person or company. Your use of these other services may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and eLoveHate.com and govern your use of the Services, and completely replace any prior agreements between you and eLoveHate.com in relation to the Services.
17.3 You agree that eLoveHate.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.4 You agree that if eLoveHate.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which eLoveHate.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of eLoveHate.com’s rights and that those rights or remedies will still be available to eLoveHate.com.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 You acknowledge and agree that each member of the group of companies of which eLoveHate.com is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
17.7 The Terms, and your relationship with eLoveHate.com under the Terms, shall be governed by the laws of the Anguilla, British West Indies without regard to its conflict of laws provisions. You and eLoveHate.com agree to submit to the exclusive jurisdiction of the courts located within the country of Anguilla, British West Indies to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that eLoveHate.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.