You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with any applicable law

(b) enforce the Terms

(c) respond to claims that any Content violates the rights of third-parties

(d) protect the rights, property, or personal safety of the Company, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


5. Proprietary Rights and Licences

You acknowledge and agree to be bound by our CopyRight Policy.

You acknowledge and agree that Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws.

> You acknowledge and agree that the Company can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on the Company's mailing lists. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only.

You acknowledge and agree that the Company owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Service, any of the Company's Content and any data (including Registration Data) generated by Members.

You consent to the Company passing your personal data to any third party or to any company within the Dating Provider's group of companies for the purposes of such party processing your personal datain order to provide the Company's service. This includes, for example, keeping an online backup of your data in a safe place with a trusted third party (for disaster protection) or using a third party to provide technical support to members. We will oblige such third party not to pass your personal data to any other party nor to use the data for any purpose except that specifically stated by the Company. The Company does not want members receiving email 'spam' from any third parties.

> Except as expressly authorised by the Company or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works based on the Service or Content, in whole or in part.

You agree that upon posting any material on the Service, you grant the Company, and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant the Company the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on the Service, by end-users for their personal use.


6. External links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.


7. Privacy Policy

Registration Data and certain other information about you is subject to our privacy policy. For more information, please see our full privacy policy below:

We may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorised by you or in the good faith belief that such action is reasonably necessary to comply with applicable law, legal process, to enforce the Terms, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

Messaging including email and instant messaging is private correspondence between the sender and the recipient. The Company strictly respects the privacy of its users. In addition, the Company will not monitor, edit, or disclose the contents of a user's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform or comply with applicable law; (2) protect and defend the rights, property or reputation of the Company or (3) to protect the personal safety of its users or the public.

You acknowledge and agree that the Company neither endorses the contents of any user communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, or any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.


8. Disclaimer of warranties

You expressly understand and agree that:

a) your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. the Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

(b) The Company is not responsible for the content of messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Service.

(c) The Company makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) any errors in the software will be corrected, and (vi) the Service may be downloaded outside the United Kingdom. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.

(d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(e) no advice or information, whether oral or written, obtained by you from the Company or through or from the Service shall create any warranty not expressly stated in the Terms.

(f) Much of the material on the Company's websites is provided by third parties and the Company shall not be held responsible for any such third party material.


9. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content, the Service, your connection to the Service or your breach of the terms of these Terms. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.


10. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of or data included in the Service, use of the Service, or access to the Service.


11. Limitation of Liability

Your use of the Service is at your own risk. If you are dissatisfied with any of the Content or the Service or with these Terms, or any other rules or policies, your sole remedy is to discontinue use of the Company's websites

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised 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.

In no event will the Company’s liability arising out of or in respect of these Terms exceed an amount equal to the lesser of (i) your registration fee, where applicable, or (ii) an amount of £250.
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 of this Section 11 may not apply to you.


12. Modifications to the Terms or to the Service

The Company reserves the right to change the Terms at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that The Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.


13. Use and Storage

You acknowledge that the Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to log off accounts that are inactive or very little used for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


14. Termination

You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and archive or discard any Content within the Service, including any Member Site for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms or of other rules and guidelines posted on the site.

The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.

You undertake that upon termination of your use of the Service (including if you decide to move to another host) all rights granted to you hereunder will cease forthwith.
 

15. Cancellation / Refund Policy

Apart from exceptional circumstances, the Company does not give refunds. Members can join the Company's websites for free and try out the system before deciding whether to pay for Full membership if they so wish. The fee paid for Full membership is for the ability to use the extra features of Full membership - it does not give you any guarantees of level of service.

Whilst we wish our members many happy introductions we can make no guarantee about the number or quality of these introductions. Although we have over 10,000 members we cannot guarantee lots of compatible members in your area - it's the member's responsibility to check this through the free search facility before paying for Full membership.

The Full member service commences immediately upon receipt of your payment. Full member profiles are treated differently to free member profiles. In addition to having the ability to send messages and access compatibility reports, etc - we promote full member profiles in our search lists, functions (e.g. 'Matchbot') and emailings. As service commencement happens immediately upon upgrading this means you do not have a 'cooling off' period (as defined by distance selling regulations) after upgrading.

The Company's websites are designed for use with the latest PC versions of Internet Explorer and Firefox and is fundamentally designed as a self-service system. Members can (and are expected to) do everything they need to their account themselves. Members are also expected to have a working, up to date browser and knowledge of how to use it as well as access to a functioning Internet connection. All members (but particularly those with any other/older browsers or different computers e.g. Mac or unusual internet connection) are responsible for satisfying themselves that the site works well enough for them with their hardware/software/connection/location before paying.

The Company also cannot offer technical support/'handholding' for people with internet problems e.g. old/faulty browsers or who don't know to use them. For example, we expect people to be able to adjust their 'cache' and 'cookie' settings on their browser if this is needed to access the site properly.

We cannot guarantee that you can use the service 100% of the time. Whilst we strive for reliability, the Internet is inherently an unstable environment - like many websites we also occasionally suffer glitches and sometimes need to briefly close the site for short periods of maintenance.

The cost of full membership of the Company's websites is so low that the admin charges involved in taking the money in the first place then processing the refund are often comparable to the entire cost of the full membership. If we gave refunds we'd have to increase the price - hence our 'no refund' policy.

The Company does not tolerate bad behaviour. The Company, in its sole discretion, may terminate your account, with no refund of any fees paid, if it considers you have violated or acted inconsistently with the letter or spirit of the Terms or of other rules and guidelines posted on the site.

You agree that you accept the Company's Refund Policy as described above. 


15.2 Cancellation of subscription (detailed instructions)

Cancellation of subscription is easy: Members simply have to press the "Stop Rebilling Me" button at bottom of the My Account page (accessible from main menu)

Upon initiating the cancellation process you should receive 2 emails as receipts. The first email you should receive immediately (or worst case scenario within 24 hours). If you do not receive any email then you should contact us immediately and we will happily cancel your membership back from any point that you claim (up till 14 days previously).

These emails act as official confirmation that we have received your instruction to cancel your membership. We have designed our cancellation to be easy to use, robust and have records/failsafes in case things go wrong. Part of having a robust system is that you - the person pressing the button - takes responsibility to check you receive a confirmation message + email receipt ...and email us reasonably promptly if it does not happen.

Whilst our cancellation process is very robust and works 95%++ of the time - it is technically possible - though unlikely - that your computer's internet connection disconnects between visiting this page and pressing the "Stop rebilling me" button or that you have some other browser malfunction completely beyond our control that causes similar to happen. In this instance our computer system would be completely unaware that you have made a cancellation request.

Hence the onus is on you to check you have received cancellation confirmation and to flag this matter with us promptly if you do not.

In the event of any disputed cancellation - we will ask to see some email evidence before giving a back-dated a refund. This email evidence will be either
* Our cancellation confirmation email
* Email from you (retrieved from your 'Sent Items') alerting us that cancellation was requested and that you never received confirmation

If you can show us this evidence (which is pretty easy as is simply a matter of forwarding an email to us) we will happily backdate a refund to you and apologise for the error that meant you were not cancelled previously.

Even if there is a failure in the cancellation process (unlikely) we do maintain an audit trail recording that you pressed the button. Before you are presented with the onscreen confirmation message - your "Request to cancel" is recorded in our database. It is not possible to be redirected to the confirmation message without this "Request to cancel" being recorded.

We cannot give any backdated refunds unless there is ONE of the following

* There is a record in our database of you pressing the button
* OR you can show us some email evidence that you alerted us e.g. "I pressed the button and then my computer 'froze'"

So if we get an email saying "I cancelled my membership 6 months ago - I want a refund" ...and there is no record in our database that you pressed the button plus you cannot show us that you emailed us at the time then you are not entitled to a refund.

Whilst we like to think the majority of our members are honest ...we have to protect ourselves from the situation where people 'forget' they are on subscription and email in to claim that they cancelled 6 months ago and that 'there must be something wrong with our system'.

With so many dating sites out there and the fact that most people use more than one site ...people do sometimes get mixed up between sites and genuinely believe they cancelled with us ...when it was another site.

Protecting both you and us from mixups is really simple: If you do not get a confirmation email then simply email us to let us know.


16. Trademark Information

Loveandfriends.com, Loveandfriends, the Loveandfriends.com logo and other Loveandfriends.com logos, product and service names are trademarks of Loveandfriends Limited (the "Loveandfriends.com Marks"). Without Loveandfriends.com's prior permission, you agree not to display or use in any manner, the Loveandfriends.com Marks.


Additionally Dating Partners have logos and service names that are protected (the "Dating Partner's Marks"). Without The Company's and The Dating Partner's prior permission, you agree not to display or use in any manner, any Dating Partner's Marks.


17. Hacking, Robot/Spider/Software/Programmatic access to our sites, manipulation of URLs

All Loveandfriends Sites are intended for normal human use and navigation only i.e. a human in front of a computer navigating around the site using the links and buttons provided for the purpose of finding friends and romance.

Access to our sites via any programmatic means without prior written approval is strictly prohibited. Exceptions to this rule have included Google, Bing and other quality search engines as well as specific requests from analysis software providers.

Loveandfriends sites repeatedly come under various "Black Hat" probes and attacks from various hacking software, viruses, spammers, scammers, scrapers, etc. The purpose of these attacks are variously to break into our database to steal email addresses and credit card info, to clone our site content, to steal profiles/images, to overload our site and cause it to slow/fail,to upload/infect viruses, to SQL-inject non authorised HTML code into the database, etc.

Our sites also come under probes from individual "Black Hat" hackers trying to manipulate URL, cookie and form field data to try to gain access to accounts of others, upgrade themselves, send messages they are not entitled to, etc.

We also get accessed by "Grey Hat" individuals and organisations. The individuals may simply want to figure out how the site works by tampering with URLs whilst the organisations may be competitors trying to analyse how many members we have.

Loveandfriends also gets accessed from people considering themselves to be "White Hat" e.g. people compiling a directory of dating sites who decide to scrape/analyse our site content.

It is not possible for our staff or software to easily determine the difference between "Black hat", "Grey hat"and "White Hat" non-standard use of our sites. This can cause unwanted alarm, work and hassle as we investigate what is going on with a view to seeing if our security processes need changing or if we have to reconfigure our firewallls to block malicious access attempts.

Hence all programmatic and non-standard access as well as copying of our data for analysis purposes is prohibited regardless of the individual/organisation believing it is serving some just purpose or that it is in the interests of Loveandfriends for them to do this. Anyone conducting these activities without prior written approval agrees to pay £75/hour to Loveandfriends for all technical investigations of their activities as well as any consequential damages e.g. they change/erase profiles and Loveandfriends has to refund members accordingly.

"Deep" or "Parameterised" URL links from Loveandfriends sites (e.g. "www.loveandfriends.com/scode=wllf&Wl=abc1&id=12334") are only permitted to be copied when authorised by Loveandfriends. The default 'Bare' landing page top-level URL link on all sites (e.g. "Loveandfriends.com" , "GrownUpdating.co.uk") are considered OK to copy and use elsewhere on the internet without prior permission. Deep or parameterised links can cause our sites to malfunction, display in alternative 'Draft' modes not intended for public display, change user-credentials, lock accounts, etc and so should not be used. It is also specifically prohibited to manipulate URLs by altering the parameters manually.

Loveandfriends will comply with all legal requirements re programmatic site access (e.g. police backed by a court order want to a sweep for certain types of images) and will also give due consideration to any third parties who wish to analyse our data or content for legitimate purposes. This will be done in accordance with UK Data Protection Act.


18. General

The Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Loveandfriends.com services, third-party content or third-party software.

The Company is headquartered in London, England. All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of the England By using the Company's websites, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the Company's websites are the English courts. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.