Terms of Service
Intelligent Coder Inc (“Us”, “We” or “Our”) welcomes you (“You” or “Your”) to Our Luvmor website (“Service”). You will find below the terms and conditions which You must accept before (and while) You use the Service.
1. Acceptance of Terms
We provide the Service to You, subject to the following terms and conditions (“Terms“) which may be updated by Us from time to time without notice to You. The most current version of the Terms may be found at https://www.luvmor.com/legal/terms. Additionally, You will be subject to additional terms and conditions, including, but not limited to the terms and conditions which relate to other services We may offer to You from time to time (“Other Policies”).
2. Description of Services
We provide the Service to provide information relating the products and services we offer. We will host the Service and may update the content, functionality, and interfaces of the Service from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to these Terms and such Other Policies that accompany the new features.
3. Your Rights to Use the Service
You acknowledge and agree that the Service contains proprietary and confidential information that is Our property and/or property of Our licensors and is protected by laws. Subject to the Terms, We grant to You a non-exclusive, non-transferable and terminable license to use the Service. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Service to any third party or permitting any Person other than You to use the Service. We do not guarantee the accuracy, integrity or the usefulness of the Content available via the Service.
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials (“Content”) that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, “Your Content”) is Your responsibility and not Our responsibility. We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Service; however, We reserve the right to remove any Content available via the Service at any time. Circumstances under which We may remove Your Content include, but are not limited to, violation of the terms of this Agreement, abuse of the Service, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, We do not guarantee the accuracy, integrity or the usefulness of Your Content.
You understand We may temporarily disable your account if You use more than 100 GB/transfer month. You understand if You downgrade features relating to Your account, You may lose portions of Your Content and agree that We will have no liability to You of any kind or nature arising out of or related to loss of Your Content.
4. Privacy
As a condition to using the Service, You agree to the terms of Our privacy policy (“Privacy Policy”). Information collected about You by the Service is subject to Our Privacy Policy, which may be updated from time to time without notice to You and is hereby incorporated by reference. The most current version of the Privacy Policy may be found at https://www.luvmor.com/legal/privacy.
5. Content and Obligations
You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Service at anytime without notice to You and that We will not be liable to You or to any third party for doing so. Additionally, You understand and agree that We may, without notice to You, access, preserve, and disclose Your Content if required to do so by law, or if, in Our reasonable judgment such is reasonably necessary to: (a) comply with Your requests for assistance with the Service; (b) comply with legal process; or (c) address claims from third parties that Your Content violates their rights.
You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate your use of the Service or any portion thereof.
You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any third party without the prior written consent of the party disclosing the confidential information. We agree to protect Your confidential information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be confidential information: (i) if they are available to the public, (ii) if they are rightfully received from a third party who is not in breach of any obligation of confidentiality to You or Us, as applicable, (iii) if they are independently developed by You or Us without use of the confidential information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same.
You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Service to those persons to whom You have authorized Us in writing to disclose to; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Service (the “Electronic Transmissions”) to those persons to whom You have authorized Us in writing to disclose to.
6. Access and Security
You are responsible for: (a) the security of the Service We provide to You, including, but not limited to Your access and You are responsible for all activities that occur under the Service; (b) any act or omission by You relating to access to and use of the Service; and (c) implementing security and other policies and procedures necessary to limit access to the Service, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by Us or created as part of the Service. You agree to immediately notify Us of any attempted or actual unauthorized access or use of the Service and/or any other breaches of security. You acknowledge and agree that We will not be liable, directly or indirectly, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Service. You expressly consent to Our interception and storage of electronic communications and/or Your data, and You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Us. You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that We are not responsible for any electronic communication and/or Your data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Us.
7. Service Termination
You may cancel Your use of the Service at any time by sending us a request at the Contact Us link below. You understand and agree that We may immediately terminate Your right to use the Service without notice to You under certain circumstances, including, but not limited to:
breaches of the Terms or Other Policies;
requests by law enforcement, government agencies or court order;
security and technical issues or problems;
extended periods of inactivity (with prior notice).
If We terminate Your right to use the Service, You understand and agree that We may delete all of Your Content (and any Content associated with You) and that We will not be liable to You or any third party, for any termination of Your right to use the Service or for the deletion of Your Content.
Upon termination, We will have no further obligation to grant You any access to or use of the Service.
8. Links and Dealings with Outside Parties
We have no control over any links or other resources available to You via the Service and Your interaction with and third parties via the Service are solely between You and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
9. Your Indemnification of Us
You will indemnify, defend, and hold harmless Us from and against all liabilities, damages, and costs (including, but not limited to, reasonable attorneys’ fees and all settlement costs) arising out of or related to a third party claim: (i) regarding Your Content; (ii) Your infringement or misappropriation any patent, copyright, trade secret or trademark of any third party; or (iii) regarding Your use of the Services in violation of the Terms.
10. Representations and Warranties
You represent and warrant that:
all of the information You provide to Us is correct;
You have all necessary right, power and authority to enter into this agreement and to perform the acts required of You under this agreement;
You own or otherwise have the right to use, post, and disclose Your Content on the Service and that the use of such Content will not infringe or violate any of the rights of any third party pursuant to applicable laws (and hereby grant to Us the right to use, reproduce, display, perform, adapt, modify, distribute and have Your Content distributed);
You will not harasses or causes distress or inconvenience to any person via the transmission of obscene or offensive Content;
You will not disrupt the normal flow of any access to, or use of, the Service;
You agree to comply with all local rules regarding online conduct and acceptable Content; and
You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE TIMELY, SECURE OR ERROR-FREE OR OPERATE IN AN UNINTERRUPTED FASHION; (iii) ANYTHING GENERATED BY OR OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS WILL BE CORRECTED; AND
ANY MATERIALS OBTAINED VIA THE SERVICE SHALL BE SOLELY AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE EXCEEDING THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 10 AND 11 ABOVE MAY NOT APPLY TO YOU.
14. GENERAL INFORMATION
This constitutes the entire agreement between Us and You and governs Your use of the Service and supersedes any prior agreements between Us and You with respect to the Service.
Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.
The Terms and Other Policies will be governed by and construed in accordance with the laws of New York, without effect to its conflict of laws provisions. Any claims or legal proceeding arising out of or related to the Service will be brought solely in the state and federal courts located in Ontario, Canada, and You hereby consent to the jurisdiction of such courts.
Our failure to exercise or enforce any right or provision of the Terms or Other Policies shall not constitute a waiver of the right or provision. If any provision of the Terms or Other Policies is found by a court of competent jurisdiction to be invalid, then You agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Other Policies remain in full force and effect.
Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.
15. Eligibility
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Luvmor and are not using the Services for reasons that are in competition with Luvmor or other than for its intended purpose.
Luvmor Trademark
We here at Intelligent Coder Inc. support and encourage ideas, services, and tools that use and supplement the LUVMOR™ services; however, we are also serious about protecting our reputation and brand identity. To help us achieve this goal, we have created this guideline to help others refer to our services without compromising the strength of our trademarks or our brand identity.
Trademark Basics. A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. Intelligent Coder Inc.’s trademarks include LUVMOR™ graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of IdentyMe Inc. in the U.S. and/or other countries, (the “LUVMOR™ Marks”).
Using the LUVMOR™ Marks. In order for you to help us protect our marks, we ask the following:
The Dos:
You may use the term Luvmor to refer to the LUVMOR™ Services, the luvmor.com website, etc. However, we ask that you do so in a way that does not improperly suggest an affiliation or sponsorship of your website, domain name, or services by Luvmor or Intelligent Coder Inc.
Always distinguish the Luvmor Marks from surrounding text by capitalizing, italicizing, or using a different font for the trademark.
Always follow your use of the Luvmor™ Marks with the ™ in superscript.
The Do Nots:
Do not incorporate the Luvmor™ Marks or any other confusingly similar marks into your domain name, website name, or trademarks.
Do not alter or modify the Luvmor™ Marks, including adding other terms to the Luvmor™ Marks to create new words.
Do not use or display the Luvmor™ Marks in a way that implies a relationship or affiliation with, sponsorship, or endorsement by Luvmor or Intelligent Coder Inc.
Do not use any trademarks, service marks, trade dress, designs or logos that are confusingly similar to the Luvmor™ Marks or the look and feel of the Luvmor™ website.
Do not use the Luvmor™ Marks as verbs except if referring specifically to Luvmor's services
Do not use Luvmor™ Marks on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
