TheLovingCouple.com and
MGCP, LLC
Effective Date: January 1, 2019
Last Modified: January 19, 2019
INTRODUCTION – The aim of www.TheLovingCouple.com ("the Site") is to provide an interactive, online service for couples to access information that enables them to work on and strengthen their relationship, and reignite the passion via fantasy and role playing. The purpose of the site is to provide information and resources only. The Site does not intend to provide any other service for which it may be held liable. Please note, this is a "self-help" website; the services will provide online counseling but should only be a supplement for live in person professional help. All advice provided from the site is opinion based only and not direct legal or mental services advice neither is it a place for crisis relationship support or active intervention. The site makes not guarantee from any content or services offered on this site, and all content and services are provided as a self-help aid to supplement current profession regiments the members are already actively using to help improve and maintain their relationship.
Welcome to Our
Site’s User Agreement (hereinafter “Agreement” or “Terms and Conditions.”) The
provisions of this Agreement will govern your use of Our Site(s) and the
Services contained therein. You should therefore take some time to read the
Agreement carefully. Our Site is different from many other websites on the
Internet as it contains advertisements, communications, and links posted by
independent third parties, over which we exert no control and with which there
is not necessarily any direct association. We do not get involved in any
disputes that may develop between our advertisers and others, and we do not
facilitate communication between third parties. Therefore, You are urged to use
Your own good judgment and common sense when dealing with such advertisements,
as We are not responsible for any interactions occurring between users and our
advertisers. Federal law protects sites like ours from civil claims, so we
encourage you to independently research any information found in our
advertisements, before making any decisions. We hope that you thoroughly enjoy
Our Site, and anticipate that you will find Our Site useful and informative.
Should you have any questions or comments regarding Our Site, or its policies,
please feel free to contact Us via info@ThelovingCouple.com The laws of your
individual city, county, state, province or nation may regulate the activity
found on the Site. Check Your local laws before taking part in any such
activities.
1. PRELIMINARY PROVISIONS
- 1.1. Party
Definitions -
The operative parties referred to in this Agreement are defined as
follows:
- 1.1.1. MGCP, LLC. is the
operator of this website. Hereinafter, MGCP, LLC. shall be referred to as
“Company.” When first-person pronouns are used in this Agreement, (Us,
We, Our, Ours, etc.) these provisions are referring to Company and/or to
any other site that we may choose to operate in the future. Additionally,
when the terms “the Site” or “Site” are used, these terms refer to this
website, any predecessor or successor domain or URL of this website,
along with any website published by Us, unless a site is specifically
exempt from this Agreement. Our Site(s), and the services the Site
provides (“Services”), may contain images and content, including but not
limited to text, software, images, graphics, data, messages, or any other
information, and any other website content owned, operated, licensed, or
controlled by the Company (collectively, “Materials”).
- 1.1.2. You, the
User - As the
User of this Site and/or Services, this Agreement will refer to the User
as “You” or through any second-person pronouns, such as “Yours,” etc.
Hereinafter, the User of the Site and/or Services shall be referred to in
applicable second-person pronouns. You certify that You are over eighteen
(18) years of age.
- 1.1.3. Users – This Agreement applies to
all Users. You become a User by accessing this Site or the Services in
any way
- 1.2. What this
Agreement is -
This Agreement is a legal contract between You and the Company. You should
treat it as any other legal contract by reading its provisions carefully,
as they will affect Your legal rights. By accessing the Site in any
manner, You are affirmatively agreeing to be bound by all of the terms
contained in this Agreement. You may not pick and choose which terms apply
to You. If You do not agree with all of the terms in this Agreement, You
must cease all access and use of the Site and any other services provided
by the Company. Nothing in this Agreement is intended to create any
enforcement rights by third parties.
- 1.3. Consideration - Consideration for Your
acquiescence to all of the provisions in this Agreement has been provided
to You in the form of allowing You to use Our Site and Our Services. You
agree that such consideration is both adequate, and that it is received
upon Your viewing or using any portion of any of Our Site(s) and/or
Services.
- 1.4. Revisions to
this Agreement:
- 1.4.1. From time to time, We
may revise this Agreement. We reserve the right to do so, and You agree
that We have this unilateral right. You agree that all modifications or
changes to this Agreement are in force and enforceable immediately upon
posting. Any updated or edited version supersedes any prior versions
immediately upon posting, and the prior version is of no continuing legal
effect unless the revised version specifically refers to the prior
version and keeps the prior version or portions thereof in effect. To the
extent any amendment of this Agreement is deemed ineffective or invalid
by any court, the parties intend that the prior, effective version of
this Agreement be considered valid and enforceable to the fullest extent.
- 1.4.2. We agree that if We
change anything in this Agreement, We will change the “last modified”
date at the top of this Agreement so that it is immediately obvious that
We have updated the Agreement. The Agreement is located at http://TheLovingCouple.com/user_agreement/, and a link to the
Agreement is also at the bottom of the home page of the Site. You agree
to periodically re-visit this web page, and to use the “refresh” button
on Your browser when doing so. You agree to note the date of the last
revision to this Agreement. If the “last modified” date remains unchanged
from the last time You reviewed this Agreement, then You may presume that
nothing in the Agreement has been changed since the last time You read
it. If the “last modified” date has changed, then You can be certain that
something in the Agreement has been changed, and that you need to
re-review it in order to determine how Your rights and responsibilities
may have been affected by the revisions.
- 1.4.3. Waiver – if You fail
to periodically review this Agreement to determine if any of the terms
have changed, You assume all responsibility for your failure to do so and
You agree that such failure amounts to Your affirmative waiver of Your
right to review the amended terms. We are not responsible for Your
neglect of Your legal rights.
- 1.5. Incorporations
by Reference.
Although this Agreement represents the primary terms and conditions of
service for Our Site, additional guidelines and rules are hereby
incorporated by reference. The document(s) which can be found on Our Site,
and which are specifically incorporated by reference, and are therefore
part and parcel of this Agreement are the following:
2. EXPLANATION OF SITE ACCESS
- 2.1. Access and
Limited License
- 2.1.1. All Users may access
the public areas of the Site. You understand that all We are providing
You is access to Our Services as We provide them from time to time. You
need to provide Your own access to the Internet, and any Internet access
or other fees that You incur to access Our Site and use Our Services are
Your sole responsibility. We are not providing any hardware nor software
to You – and You need to purchase or license the necessary hardware and
software to access the Site and Services. This Agreement covers all areas
of the Site.
- 2.1.2. By accessing the
Site, you certify that:
- 2.1.2.1. You are using the
Site solely for personal, noncommercial purposes;
- 2.1.2.2. You will not copy
or distribute any part of the Site without Our prior written
authorization;
- 2.1.2.3. You will fully
comply with these Terms and Conditions as well as Privacy Policy.
- 2.2. Subject to Your
acceptance of this Agreement, We grant You a limited, nonexclusive,
nontransferable personal license to access and use the Site, Materials,
and the Services contained therein. We provide the Materials and Services
on this Site for the personal, non-commercial use by Users of the Site.
Users of this Site are granted a single copy license to view Materials.
- 2.3. All Materials and
Services available on the Site shall be for private non-commercial use
only, and all other uses are strictly prohibited, unless consented to by
Us. If You are a business entity or commercial concern, Your presence on
the Site is not allowed unless it is expressly authorized in writing by
Us. We reserve the right to pursue vigorous legal action against
unauthorized login by business and commercial entities.
- 2.4. We reserve the right to
limit the amount of Materials viewed. You agree to prevent any
unauthorized copying of the Site, or any of the Materials contained
therein. Any unauthorized use of the Site or any of the Materials
contained therein terminates this limited license effective immediately.
This is a license to use and access the Site for its intended purpose and
is not a transfer of title. You will not copy or redistribute any of the
content appearing on this Site. We reserve the right to terminate this
license at any time if You breach or violate any provision of this
Agreement, in which case You will be obligated to immediately destroy any
information or Materials You have downloaded, printed or otherwise copied
from this Site. Violators of this limited license may be prosecuted to the
fullest extent under the applicable law.
- 2.5. Service Interruption:
From time to time due to technological factors, scheduled software uploads
and other factors beyond Our control, service may be temporarily
interrupted. From time to time, certain features of the Site may not be
available for use due to technological and other factors. From time to
time, access to the Site and the ability to log into the Site may not be
available due to technological and other factors. You agree to hold Us
harmless against any such interruption of service.
- 2.6 When you register on the
site, you agree to receive Newsletters and unsolicited emails, from us by
email from time to time. To make sure we are continually offering a useful
service we will regularly carry out evaluation with a sample of users
registered on the site. Occasionally we may contact you by email to ask if
you would be willing to participate in any such evaluation, however you
are under no obligation to do so. If you do not wish to receive future
emails, you may unsubscribe from the mailing by following the instructions
given at the bottom of any such email.
- 2.7 All copyright and all
other intellectual property rights (including, but not limited to,
copyright) in all text, images, sound, software, service marks, logos and
other materials on the pages of the site (“the Content”) are owned by MGCP
LLC, or are reproduced on the site with permission of the relevant rights
owner.
- 2.8 The Content may not be
copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form nor by any means without MGCP LLC,
express prior written consent, except as stated at clauses 2.3 and 2.4
below.
- 2.9 If you are a professional
who works with families as part of your job then you may access, view and
print content from the site and freely distribute to your clients
providing you acknowledge copyright of the material and its source. You
must not charge for any content from the site you distribute.
- 2.10 You agree not to sell,
resell, supply or otherwise make the content or extracts or other
information derived there from available in any manner or on any media
whatsoever to any third party without the express prior written consent of
MGCP LLC.
- 2.11 The names, images and
logos identifying MGCP, LLC, its projects, products and services
(including, but not limited to, the name and logo of "www.TheLovingCouple.com") , or those of third
parties, are the proprietary marks of MGCP, LLC, and/or may be the
proprietary marks of third parties. Any use made of these marks may be an
infringement of rights in those marks and MGCP, LLC reserves all rights to
enforce such rights that it might have.
- 2.12 All content submitted by
the members of the site, becomes copyrighted material of the site. MGCP,
LLC reserves the ownership and right to distribute in any form and charge
for said member submitted content. Member submitted content consist of but
not limited to, fantasy database submissions, comments, submitted Q&A,
members profile information and pictures, submitted counseling Q&A,
and therapy session.
- 2.13 The site is an online
service provider as defined in the Digital Millennium Copyright Act. We
provide copyright owners with the ability to self-publish on the site by
uploading, storing and displaying digital media utilizing our services. We
do not review all the uploads to our servers by users of our website
service. Certain parts of this website allow unmoderated user uploads.
Those parts of the site include, but are not limited to, the Forums and
any user photos displayed on the site.
- 2.14 We respect US copyright
law and take copyright violation seriously. We vigorously protect the
rights of legal copyright owners. If you are the copyright owner of
content which has been uploaded to the site without your authorization,
you must notify the site in order for us to identify the allegedly
infringing content and take the required action under the DMCA
To make a report, please contact us via email at info@TheLovingCouple.com If
you wish to contact us via postal mail, please contact us first via email f you
have a valid complaint we will send you the mailing address of the law firm who
handles these issues.
You must include the URL of all of the content that you believe has been posted
as well as a statement confirming that you are the copyright holder and that
you want the material removed. All DMCA notifications sent to the site may be
published (with personal info removed) to the site or other third party sites.
3. SPECIAL CONSIDERATIONS REGARDING MINORS
- 3.1. Age of
Majority. In
order to use the Site or any Services provided by the Company, You must
have attained the age of majority in Your jurisdiction. You represent and
warrant You are at least eighteen (18) or twenty-one (21) years of age,
depending on the age of majority in Your jurisdiction, and that You have
the legal capacity to enter into this Agreement. If You are not at least
eighteen (18) or twenty-one (21) years of age, depending on the age of
majority in Your jurisdiction, You must exit the Site immediately and may
not use or access the Site or use the Services in any manner.
- 3.1.1. We specifically
disclaim any responsibility or liability for any misrepresentations
regarding a User’s age.
- 3.1.2. You represent and
warrant that You will not allow any minor access to this Site or
Services. Users should implement parental control protections, such as
computer hardware, software, or filtering services, which may help Users
to limit minors’ access to harmful material. You acknowledge that if Your
computer or mobile device can be accessed by a minor, that You will take
all precautions to keep Our Materials from being viewed by minors. You
additionally acknowledge that if You are a parent, it is Your
responsibility, and not Ours, to keep any age-restricted content from
being displayed to Your children or wards.
- 3.2. WE HAVE A ZERO TOLERANCE
POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE
POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.
- 3.2.1. If You seek any form
of pornographic materials involving minors (including “virtual”
pornography involving minors), You must exit this Site and cease using
Our Services immediately. We do not provide this kind of material and We
do not tolerate those who provide this kind of material nor do We
tolerate consumers of this kind of material.
- 3.2.2. In order to further
Our zero-tolerance policy, You agree that You will report any images,
real or simulated, that appear to depict minors on Our Site. If You see
any images or other depictions that are questionable, You agree to report
these images by emailing Us via info@TheLovingCouple.com.
- 3.2.3. Include with Your
report any appropriate evidence, including the date and time of
identification. All reports will immediately be investigated and the
appropriate action will be taken.
- 3.2.4. We enthusiastically
cooperate with any law-enforcement agency investigating child
pornography, and comply with Title 18 U.S.C. 2258A relating to the
mandatory reporting of actual pornography involving minors of which We
become aware. If You suspect other outside websites are participating in
unlawful activities involving minors, please report them to a reporting
service such as ASACP.org: http://www.asacp.org/index.php?content=report
- or the N.C.M.E.C. Cybertip
Hotline:
- https://secure.missingkids.com/missingkids/servlet/CybertipServlet?LanguageCountry=en_US
- 4. IMAGES AND
CONTENT
- 4.1. Our Site(s) and
Services contain images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information, and
any other website owned, operated, licensed, or controlled by Us (defined
in Section 1.1.1 as “Materials”).
- 4.2. You acknowledge and
stipulate that all of the Materials constitute expressive content that is
fully protected by the First Amendment to the United States Constitution,
and other similar legal principles.
- 4.3. You acknowledge and
understand that some or all of the Materials on Our Site and transmitted
via Our Services may depict activity that is restricted to adults, and
may therefore be inappropriate for viewing by minors. You acknowledge
that You are aware of the nature of the Materials provided by or through
the Site and that You are not offended by such Materials, and that You
access the Site and Services freely, voluntarily, willingly, and for Your
own personal enjoyment.
- 4.4. You understand that all
of the information, data, text, images, audio, graphics, messages, or any
other content on the Site or available via the Services, are the sole
responsibility of the party from whom the content originated. You agree
that by using the Site and Services covered by this Agreement, You very
well may be exposed to content that You might find offensive, indecent,
problematic, or otherwise objectionable.
- 4.5. We respect the
intellectual property rights of all parties, and have adopted a policy
regarding termination of repeat copyright infringers under the Digital
Millennium Copyright Act. Copies of Our Repeat Infringer Policy are
available upon request.
- 4.6. Section 230
Notice: You
acknowledge Your responsibility to prevent minors under Your care from
accessing harmful or inappropriate material. You agree not to allow
minors to view any such content, and You agree to take responsible
measures to prevent them from doing so. Numerous commercial online
safety filters are available which may help users limit minors' access to
harmful or inappropriate material. Pursuant to 47 U.S.C.
§230(d), You are hereby informed that You can research such services at
websites such as: www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please
note that We make no representation or warranty regarding any of the
products or services referenced on such sites, and We recommend that You
conduct appropriate due diligence before purchasing or installing any
online filter. You agree to take particular steps to prevent minors
from viewing Our Site or the content received via Our Services if Your
computer or mobile device can be accessed by a minor. Finally, You
agree that if You are a parent or guardian of a minor child, it is Your
responsibility, not Ours, to keep any age-restricted content on Our Site
or Services from being displayed or accessed by Your children or wards.
Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and
court decisions interpreting the scope of the CDA, You acknowledge and
understand that We operate as the provider of an interactive computer service.
Thus, We are immune from, and cannot be held responsible for, claims arising
from the publication or transmission of any content, as well as the content of
other Users and third parties. We do not create such content, and We are not
responsible for the publication of remarks or communications of third parties
that may arguably rise to the level of being actionable under federal or state
laws including, but not limited to, the publication of material that might be
considered defamatory, or violate of privacy or publicity rights. Note, that
federal law allows Us to remove or block any content found to be offensive,
defamatory, obscene or otherwise violative of Our policies, without impacting
Our status as the provider of an interactive computer service. Nothing
contained in this Agreement is intended to limit or alter the immunity from
claims provided by Section 230 of the Communications Decency Act, and no third
parties are intended to benefit from this Agreement between You and Us.
- 5. RESTRICTIONS
AND REGULATIONS GOVERNING USE OF OUR SITE AND SERVICES:
- 5.1. You agree that You will
only use the Site and Services for purposes expressly permitted and
contemplated by this Agreement. You may not use the Site and Services for
any other purposes, including commercial purposes, without Our express
prior written consent.
- 5.2. Without Our express
prior written authorization, You may not:
- 5.2.1. Interfere with or
disrupt the Site, or servers or networks connected to the Site, or
disobey any requirements, procedures, policies or regulations of
networks or third party providers connected to, or providing the Site;
- 5.2.2. Intentionally or
unintentionally violate any applicable local, state, national or
international law, and any regulations having the force of law;
- 5.2.3. Duplicate any part
of Our Site or the Materials contained therein or received via the
Services (except as expressly provided elsewhere);
- 5.2.4. Create any
derivative works based on Our Site or any of the Materials contained
therein or received via the Services, and You agree and stipulate that
any and all derivative works are NOT “fair use”;
- 5.2.5. Use Our Site or
Services, or any of the Materials contained therein, for any public
display, public performance, sale or rental, and You hereby agree and
stipulate that any and all such uses are NOT “fair use”;
- 5.2.6. Re-distribute or
“scrape” Our Site or any of the Materials contained therein or received
through the Services, and You hereby agree and stipulate that any and
all such uses are NOT “fair use”;
- 5.2.7. Remove any copyright
or other proprietary notices from Our Site or any of the Materials
contained therein;
- 5.2.8. Frame or utilize any
framing techniques in connection with Our Site or any of the Materials
contained therein;
- 5.2.9. Use any meta-tags or
any other “hidden text” using Our Site’s name or marks, and You hereby
stipulate that any use of the Site’s name or marks, or any other marks
owned by Us is an infringement upon Our trademark rights, and You
stipulate to liquidated damages of five thousand dollars ($50,000) per
such infringement, plus You agree to pay any and all fees incurred in
the recovery of this amount, including attorney’s fees and all
associated costs;
- 5.2.10. Circumvent any
encryption or other security tools used anywhere on the Site or in
conjunction with the Services (including the theft of user names and
passwords or using another person’s user name and password in order to
gain access to a restricted area of the Site);
- 5.2.11. Sell, rent, lease,
license, sublicense, transfer, distribute, re-transmit, time-share, use
as a service bureau or otherwise assign to any third party the Materials
or Services or any of Your rights to access and use the Materials or
Services as granted specifically by this Agreement;
- 5.2.12. Use Our Services
for any commercial purpose unless expressly agreed to by Us in writing
and at Our sole discretion. Without such consent by Us, Your use of the
Site and Services is strictly for personal use;
- 5.2.13. Use any material or
information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any
party;
- 5.2.14. Download any file
that You know, or reasonably should know, cannot be legally distributed
in such manner;
- 5.2.15. Falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
- 5.2.16. Restrict or inhibit
any other user from using and enjoying the Services;
- 5.2.17. Post advertisements
or solicitations of business;
- 5.2.18. Harvest or
otherwise collect information about others, including e-mail addresses
or other personally-identifiable information;
- 5.2.19. Violate any
applicable laws, policies, or regulations.
- 5.3. You agree to cooperate
with Us in causing any unauthorized use to cease immediately. Nothing
contained in this Agreement shall obligate Us to monitor or investigate
any use of Our Services by Our Users or other third parties, other than
as required by applicable law.
- 5.4.
Interference.
Except where expressly permitted by law, You may not translate,
reverse-engineer, decompile, disassemble, or make derivative works from
any of Our Materials or any other materials from Our Site. User hereby
agrees not to use any automatic device or manual process to monitor or
reproduce the Site or Materials, and will not use any device, software,
computer code, or virus to interfere or attempt to disrupt or damage the
Site or any communications on it. If You do not adhere to this provision
of this Agreement, You hereby stipulate to and agree to pay liquidated
damages of five thousand dollars ($50,000) plus any and all fees
associated with recovery of these damages, including attorney’s fees and
costs.
- 5.5. We respect the
intellectual property rights of copyright holders, and thus voluntarily
comply with the Notice and Takedown provisions of the Digital Millennium
Copyright Act (“DMCA”). Our DMCA Notice and Takedown Policy is available
here: http://TheLovingCouple.com/dmca/. You agree not to
use the site, including commenting on content, to:
- 5.7 post, upload, e-mail or
otherwise transmit any material, the publication, dissemination, use or
possession of which infringes the rights of any person or which is
unlawful in any other respect;
- 5.8 contribute or use in any
manner which could damage, disable, overburden, or impair the site, It's
member's or staff.;
- 5.9 make available personal
identifiable data about any person other than yourself, or to collect or
store personal data about other users;
- 5.10 obtain or attempt to
obtain any materials or information through any means not intentionally
made available or provided for through the site;
- 5.12 impersonate any other
person or entity (including, but not limited to, a member of MGCP, LLC or
anyone authorized to act on their behalf), or to provide false or
inaccurate information;
- 5.13 act, communicate or
make a contribution to the site in any way which is threatening, harmful,
abusive, vulgar, racist, sexist, ageist or otherwise discriminatory,
defamatory, sexually orientated, hateful, invasive of another's privacy
or obscene, or which will (or potentially will) harass, distress,
embarrass or inconvenience or be objectionable to any person or which
might restrict or inhibit the use and enjoyment of the site by any
person;
- 5.14 post, upload, e-mail or
otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form
of solicitation or commercial exploitation;
- 5.15 post, upload, e-mail or
otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, restrict,
destroy, limit the functionality of or compromise the integrity of any
computer software or hardware or telecommunications equipment;
- 5.16 disrupt the normal flow
of dialogue, or otherwise act in a manner that negatively affects other
users' ability to engage in effective usage of the Site;
- 5.17 create a database
(electronic or otherwise) that includes any content, including, but not
limited to, User Generated Content, held on the site;
- 5.18 use the site in any way
whatsoever to solicit information from other users for any media or
marketing activities, or;
- 5.19 contribute to the site
in any way which may bring MGCP, LLC into disrepute
- 6. STIPULATED
LIQUIDATED DAMAGES:
- 6.1. In various provisions
in this Agreement, We have outlined liquidated damages amounts to be
applied as penalties against You if You violate these specific
provisions. You specifically agree to pay these amounts. In agreeing to
pay liquidated damages, You acknowledge that this amount is not a
penalty, that the actual damages are uncertain and difficult to
ascertain, but that this amount represents the parties’ good faith
attempt to calculate an appropriate compensation based on anticipated
actual damages.
- 6.2. For any breach of a
portion of this Agreement that does not specifically state a liquidated
damages amount, You hereby agree that any breach of this Agreement shall
result in liquidated damages of one hundred dollars ($50,000) per
occurrence. You specifically agree to pay this one hundred dollars
($50,000) in liquidated damages.
- 7. WARRANTY
DISCLAIMER
- 7.1. YOU AGREE THAT YOUR USE
OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. THE SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY:
- 7.1.1. ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT;
- 7.1.2. PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR SITE;
- 7.1.3. UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN;
- 7.1.4. INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY
ANY THIRD PARTY;
- 7.1.5. ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE.
- 7.1.6. THE SITE DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD
PARTY-PROVIDED PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED
ON THE SITE OR THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND THE SITE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- 8. LIMITATION
OF LIABILITY
- 8.1. IN NO EVENT SHALL THE
SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY:
- 8.1.1. ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT;
- 8.1.2. PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR SITE;
- 8.1.3. UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN;
- 8.1.4. INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
- 8.1.5. BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SITE BY ANY THIRD PARTY;
- 8.1.6. ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTEDTRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
- 8.2. IN THE EVENT THAT YOU
DO NOT SUPPLY THE SITE WITH YOUR E-MAIL ADDRESS, YOU SPECIFICALLY
ACKNOWLEDGE AND WAIVE ANY CLAIM BASED ON THE SITE’S GOOD FAITH DISABLING
OF ACCESS TO, OR REMOVAL OF, MATERIAL OR ACTIVITY WHICH HAS BEEN CLAIMED
TO BE INFRINGING, OR BASED ON FACTS OR CIRCUMSTANCES FROM WHICH
INFRINGING ACTIVITY APPEARS LIKELY, REGARDLESS OF WHETHER THE MATERIAL OR
ACTIVITY IS ULTIMATELY DETERMINED TO BE INFRINGING.
- 8.3. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION. THE SITE MAKES NO REPRESENTATIONS
THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR
OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- 8.4. YOU SPECIFICALLY
ACKNOWLEDGE THAT THE SITE SHALL NOT BE LIABLE FOR ITS CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- 8.5. IN NO EVENT SHALL OUR
MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE
TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES FOR A
PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE
CAUSE OR CAUSES OF ACTION OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
- 9. INDEMNIFICATION:
- 9.1. To the extent permitted
by applicable law, You agree to defend, indemnify and hold harmless the
Site, its parent, subsidiary and affiliated corporation(s), their
officers, directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs, debt, and
expenses (including but not limited to attorney's fees) arising from: (i)
Your use of and access to the Site; (ii) Your violation of any part of
these Terms and Conditions; (iii) Your violation of any third party
right, including without limitation any copyright, property, or privacy
right. This defense and indemnification obligation will survive these
Terms and Conditions and Your use of the Site.
- 9.2. The provision of any
services which are in violation of any laws is strictly prohibited. If We
determine that You or any User has provided or intends to provide any
services or material in violation of any law, Your ability to use the
Site and Services will be terminated immediately without any
reimbursement of any payment You may have made to Us. We have every right
to voluntarily cooperate with law enforcement or private aggrieved
parties that We may be legally compelled to do so. We do hereby disclaim
any liability for damages that may arise from any User providing any
material or services for any purpose that violates any law. You do hereby
agree to defend, indemnify and hold Us harmless from any liability that
may be imposed on Us arising from Your violation of any law – whether
online or offline.
- 9.3. You also agree to
defend and indemnify Us should any third party be harmed by Your illegal
actions or should We be obligated to defend any claims including, without
limitation, any criminal action brought by any party.
- 9.4. Our Site and Services
contains material that may be offensive to third parties. You agree to
indemnify and hold Us harmless from any liability that may arise from
someone viewing such material and You agree to immediately cease review
of the Site and use of the Services should You find them offensive.
- 9.5. You agree to defend,
indemnify, and hold harmless Company, its officers, directors,
shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions,
loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly,
indirectly, and/or consequentially resulting or allegedly resulting from
Your, or You under another person’s authority including without
limitation to governmental agencies, use, misuse, or inability to use the
Site, Services, or any of the Materials contained therein, or Your breach
of any of this Agreement. We shall promptly notify You by electronic mail
of any such claim or suit, and cooperate fully (at Your expense) in the
defense of such claim or suit. We reserve the right to participate in the
defense of such claim or defense at Our own expense, and choose Our own
legal counsel, but are not obligated to do so.
- 9.6. This Service is for
Amusement Purposes.
- 9.6.1. You understand and
accept that Our Site and Services is an entertainment and recreational
service. All content depicts consenting adults over the age of eighteen
(18) that have provided rights to the Site to publish the content. All
images are provided for amusement and entertainment purposes.
- 9.6.2. Any User accessing
Our Site in an effort to engage in or facilitate illegal or tortious
activities may be reported to the appropriate law enforcement agency.
- 9.6.3. Nothing contained in
this section is intended to limit the scope of releases and/or
indemnification contained elsewhere in this Agreement.
- 9.7. You hereby discharge,
acquit, and otherwise release Company, its parent company, its agents,
employees, officers, directors, shareholders, attorneys, and affiliates,
from any and all allegations, counts, charges, debts, causes of action,
and claims relating in any way to the use of, or activities relating to
the use of the Site and Services including, but not limited to claims
relating to the following:
- 9.7.1. Sexual harassment,
negligence, gross negligence, reckless conduct, alienation of affections
(to the extent recognized in any jurisdiction), intentional infliction
of emotional distress, intentional interference with contract or
advantageous business relationship, defamation, privacy, publicity,
intellectual property, misrepresentation, any financial loss not due to
the fault of the Site, missed meetings, unmet expectations, false
identities, fraudulent acts by others, invasion of privacy, release of
personal information, failed transactions, purchases or functionality of
the Site, unavailability of the Site, its functions and/or services and
any other technical failure that may result in inaccessibility to the
Site, or any claim based on Vicarious Liability for Torts committed by
individuals met on or through the Site and Services, including but not
limited to fraud, theft or misuse of personal information, assault,
battery, stalking, rape, theft, cheating, perjury, manslaughter, or
murder.
- 9.7.2. The above list is
intended to be illustrative only, and not exhaustive of the types or
categories of claims released by You. This release is intended by the
parties to be interpreted broadly in favor of Us, and thus any ambiguity
shall be interpreted in a manner providing release of the broadest
claims. This release is intended to be a full release of claims, and the
parties acknowledge the legally binding nature of this provision, and
the nature of the rights given up in connection therewith.
- 10. LINKS AND
LINKING:
- 10.1. Websites which are
linked to the Site are owned and operated by third parties. Because We
have no control over such websites and resources, You acknowledge and
agree that We are not responsible for or liable for the availability of
such external websites or resources, do not screen or endorse them, and
are not responsible for or liable for any content, advertising, services,
products, or other materials on or available from such websites or
resources.
- 10.2. You further
acknowledge and agree that We 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
third-party content, goods or services available on or through any such
website or resource. If You decide to access any such third party
website, You do so entirely at Your own risk and subject to any terms and
conditions and privacy policies posted therein, and not by this Agreement
or Our Privacy Policy, which is incorporated into this Agreement by
reference.
- 10.3. Links to external
websites (including external websites that are framed by the Site) or
inclusions of advertisements do not necessarily constitute an endorsement
by Us of such websites or the content, products, advertising, or other
materials presented on such Site, but are for Your convenience.
- 10.4. You hereby agree to
hold Us harmless from any and all damages and liability that may result
from the use of links that may appear on the Site or via the Services. We
reserve the right to terminate any link or linking program at anytime.
- 11. TRADEMARK
INFORMATION:
- 11.1. The name of the Site
is considered a service mark owned by Us. We aggressively defend Our
intellectual property rights.
- 11.2. Other manufacturers’
product and service names referenced herein may be trademarks and service
marks of their respective companies and are the exclusive property of
such respective owners, and may not be used publicly without the express
written consent of the owners and/or holders of such trademarks and
service marks.
- 11.3. All of the marks,
logos, domains, and trademarks that You find on the Site and Services may
not be used publicly except with express written permission from Us, and
may not be used in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits Us.
- 12. EXPORT
CONTROL:
- 12.1. You understand and
acknowledge that the software elements of the Materials on the Site may
be subject to regulation by agencies of the United States Government,
including the United States Department of Commerce, which prohibits
export or diversion of software and other goods to certain countries and
third parties. Diversion of such Materials contrary to United States’ or
international law is prohibited.
- 12.2. You will not assist or
participate in any such diversion or other violation of applicable laws
and regulations.
- 12.3. You warrant that You
will not license or otherwise permit anyone not approved to receive
controlled commodities under applicable laws and regulations and that You
will abide by such laws and regulations.
- 12.4. You agree that none of
the Materials are being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed countries
or their nationals or be used for proscribed activities.
- 13. NO AGENCY
RELATIONSHIP:
Nothing in this Agreement shall be deemed to constitute, create, imply,
give effect to, or otherwise recognize a partnership, employment, joint
venture, or formal business entity of any kind; and the rights and
obligations of the parties shall be limited to those expressly set forth
herein.
- 14. NOTICE:
- 14.1. Notice. Any notice required to be
given under this Agreement may be provided by email to a functioning
email address of the party to be noticed, by a general posting on the
Site, or personal delivery by commercial carrier such as Federal Express
or DHL. Notices by customers to Us shall be given by electronic messages
unless otherwise specified in the Agreement.
- 14.2. Change of Address.
Either party may change the address to which notice is to be sent by
written notice to the other party pursuant to this provision of the
Agreement.
- 14.3. When Notice is
Effective. Notices shall be deemed effective upon delivery. Notices
delivered by overnight carrier shall be deemed delivered on the business
day following mailing. Notices mailed by registered or certified
mail with return receipt requested, shall be deemed delivered five (5)
days after mailing. Notices delivered by any other method shall be
deemed given upon receipt. Notices by email and facsimile
transmission, with confirmation from the transmitting machine that the
transmission was completed, are acceptable under this Agreement provided
that they are delivered one (1) hour after transmission if sent during
the recipient's business hours, or 9:00 a.m. (recipient's time) the next
business day. Either party may, by giving the other Party
appropriate written notice, change the designated address, fax number
and/or recipient for any notice or courtesy copy, hereunder.
- 14.4. Refused, Unclaimed, or
Undeliverable Notice. Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission of the party
to be notified shall be deemed effective as of the first date that said
notice was refused or deemed undeliverable by the postal authorities,
messenger, facsimile machine, email server, or overnight delivery
service.
- 15. COMMUNICATIONS
NOT PRIVATE: We
do not provide any facility for sending or receiving private or
confidential electronic communications. All messages transmitted to Us
shall be deemed to be readily accessible to the general public. Visitors
should not use this Site or Services to transmit any communication for
which the sender intends only the sender and the intended recipient(s) to
read. Notice is hereby given that all messages and other content entered
into or on this Site or Services can and may be read by the agents and
operators of the Site or Services, regardless of whether they are the
intended recipients of such messages.
- 16. FORCE MAJEURE: We shall
not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond Our reasonable control, including but
not limited to: acts of God, such as fire, flood, earthquakes, hurricanes,
tropical storms or other natural disasters; war, riot, arson, embargoes,
acts of civil or military authority, or terrorism; fiber cuts; strikes, or
shortages in transportation, facilities, fuel, energy, labor or materials;
failure of the telecommunications or information services infrastructure;
hacking, SPAM, or any failure of a computer, server or software, for so
long as such event continues to delay the Site’s or Services’ performance.
- 17. ARBITRATION
PROVISIONS:
- 17.1. Binding
Arbitration –
If there is a dispute between the parties arising out of or otherwise
relating to this Agreement, the parties shall meet and negotiate in good
faith to attempt to resolve the dispute. If the parties are unable to
resolve the dispute through direct negotiations, then, except as
otherwise provided herein, either party must submit the issue to binding
arbitration in accordance with applicable Arbitration Ordinance. Claims
subject to arbitration (“Arbitral Claims”) shall include, but are not
limited to, contract and tort claims of all kinds, and all claims based
on any federal, state or local law, statute, or regulation, excepting
only claims by Us under applicable worker’s compensation law,
unemployment insurance claims, intellectual property claims (including
but not limited to claims involving copyrights, trademarks, patents,
unfair competition, and/or trade secrets), along with actions (regardless
of the underlying cause of action) seeking injunctions, attachment,
garnishment, and other equitable relief. The arbitration shall be
conducted in the USA, North Carolina, Raleigh, in a convenient location
agreed to by the parties, or absent such agreement, selected by the
Arbitrator. The arbitration shall be conducted by a single arbitrator,
knowledgeable in Internet and e-Commerce disputes. The arbitrator shall
be willing to execute an oath of neutrality.
- 17.2. The Arbitrator shall
have no authority to award any punitive or exemplary damages, certify a
class action, add any parties, or vary or ignore the provisions of this
Agreement. The arbitrators shall be bound by and apply USA law to any
dispute submitted for arbitration hereunder, and this Agreement shall be
interpreted in accordance with the laws of the USA. The arbitrator shall
render a written opinion setting forth all material facts and the basis
of his or her decision within thirty (30) days of the conclusion of the
arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE
TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
- 17.3. No waiver of right to
arbitration -- There shall be no waiver of the right to arbitration
unless such waiver is provided affirmatively and in writing by the
waiving party to the other party. There shall be no implied waiver of
this right to arbitration. No acts, including the filing of litigation,
shall be construed as a waiver or a repudiation of the right to
arbitrate.
- 17.4. No action, regardless
of form, arising out of or in conjunction with the subject matter of this
Agreement, except for claims involving intellectual property, claims to
recover outstanding amounts due to Us and claims for indemnification, may
be brought by any party more than one (1) year after the cause of action
arose.
- 18. MISCELLANEOUS
PROVISIONS:
- 18.1. These Terms and
Conditions, together with the Privacy Policy and any other legal notices
published by Us on the Site, shall constitute the entire agreement
between You and Us concerning the Site. If any provision of these Terms
and Conditions is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or
any other term, and the Site's failure to assert any right or provision
under these Terms and Conditions shall not constitute a waiver of such
right or provision. The Site reserves the right to amend these Terms and
Conditions at any time and without notice, and it is Your responsibility
to review these Terms and Conditions for any changes. Your use of the
Site following any amendment of these Terms and Conditions will signify
Your assent to and acceptance of its revised terms. YOU AND THE SITE
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- 18.2. Assignment. The rights
and liabilities of the parties hereto will bind and inure to the benefit
of their respective assignees, successors, executors, and administrators,
as the case may be.
- 18.3. Severability. If for
any reason a court of competent jurisdiction or an arbitrator finds any
provision of this Agreement, or any portion thereof, to be unenforceable,
that provision will be enforced to the maximum extent permissible and the
remainder of this Agreement will continue in full force and effect.
- 18.4. No Waiver. No waiver
or action made by Us shall be deemed a waiver of any subsequent default
of the same provision of this Agreement. If any term, clause or provision
hereof is held invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation
of any other term, clause or provision and such invalid term, clause or
provision shall be deemed to be severed from this Agreement.
- 18.5. Headings. All headings
are solely for the convenience of reference and shall not affect the
meaning, construction or effect of this Agreement.
- 18.6. Complete Agreement.
This Agreement constitutes the entire agreement between the parties with
respect to Your access and use of the Site, Services and the Materials
contained therein, and Your use of the Site and Services, and supersede
and replace all prior understandings or agreements, written or oral,
regarding such subject matter.
- 18.7. Other Jurisdictions.
We make no representation that the Site, Services or any of the Materials
contained therein are appropriate or available for use in other
locations, and access to them from territories where their content may be
illegal or is otherwise prohibited. Those who choose to access the Site
and Services from such locations do so on their own initiative and are
solely responsible for determining compliance with all applicable local
laws.
- 19. Forums and
all other sections of the site
- 19.1 Your use of and
participation on the Forums on the site is expressly subject to these
Terms & Conditions and any other guidance, instructions or rules that
we may make available on the site related to acceptable usage of the
Forum.
- 19.2 You acknowledge that
you are entirely responsible for all material that you upload or post on
the Forum and any consequences that arise from it.
- 19.3 You must not enter any
personal identifiable information on the Forums including, but not
limited to, surnames, address details, dates of birth, telephone/mobile
numbers and email addresses. Any posts and/or comments including such
information entered on the forum will be subject to editing and removal.
- 19.4 You must enter all
posts and comments in English. Any posts and/or comments not written in
English will be subject to editing and removal.
- 19.5 You acknowledge that
MGCP, LLC does not pre-screen, edit or monitor the content entered by
users of the Forums, but that we (and those authorized by us) have the
right (but not the obligation), in our sole discretion and without prior
warning or notice, to refuse or remove any material that is entered onto
the Forum.
- 19.6 Furthermore, you
acknowledge and accept that at our sole discretion, we have the right to
close or suspend a user's access to the Forums without question or
obligation to enter into further discussion on the matter.
- 19.7 Without limiting the
foregoing, MGCP, LLC and its designees shall have the right to remove any
material from the Forums that is contrary to these Terms & Conditions
or is otherwise objectionable, whether by reference to these Terms &
Conditions, the Forum House rules or otherwise.
- 19.8 You further acknowledge
that the Forums, Comments function provided on http://TheLovingCouple.com by MGCP, LLC is not a place
to seek or receive counseling, crisis support or intervention.
- 19.9 You must not promote or
advertise commercial companies, products or services on the Forums;
neither must you send chain, junk, spam or any bulk mail of any kind.
- 19.10 Journalists, reporters
or anyone involved working in the media must not use the Forums to gain
access to individuals for information of any kind. Separate information
for detailing how the site can be of benefit to the media is available on
the Media page which can be located at the footer of the site.
- 19.11 If you are concerned
about material posted on the Forums, or become aware that any material or
any activities carried out there are offensive, unlawful, or contrary to
these Terms & Conditions or infringe any third party rights in any
way, please either flag the post accordingly using the functionality
provided or notify us by completing the contact form on the contact us
page.
- 19.12 Any such flagged
material or emails received will be processed by us within 48 hours of
receiving such notification. We will remove any such material or we will
use reasonable endeavors to otherwise deal with the concern, however we
see fit in our sole discretion. MGCP, LLC will not be held liable for any
harm, offence or emotional distress caused during this time or by any
post anywhere on the site.
- 19.13 You acknowledge and
agree that we are not obliged to enter into any discussion following the
removal of any material from the Forums, or any other action we may take
under or with reference to these Terms & Conditions.
- 19.14 You acknowledge and
understand that any views expressed in the Forums are the views of http://TheLovingCouple.com community and do not
necessarily reflect the views of, and are not endorsed, by MGCP, LLC.
These views cannot therefore be attributed to MGCP, LLC.
- 20. Use of user
generated content
- 20.1 By submitting content
to the Site (including, but not limited to, the Forums, the Salon, The
couch, Red Light District, comments, the G-Spot, Intimate Pleasures,
Behind Locked Doors, Fantasy Connection and general posts ) you are
granting MGCP, LLC a non-exclusive irrevocable royalty-free license to
reproduce, modify, translate, make available, distribute and sub-license
that content in whole or in part and in any form (now known or later
developed) anywhere in the world and universe subject to our Data
Protection & Privacy Policy.
- 20.2 By submitting any
messages, suggestions or material to the site you waive all of the moral,
financial, and personal rights that you may have in respect of any such
message, suggestion or material.
- 20.3 You acknowledge that
MGCP, LLC may establish general practices and limits concerning the use
of the site, including (but not limited to) the maximum number of days
that material on the Forum, will be retained by the site. You agree that
we have no liability for the deletion or failure to store any messages,
suggestions, material or other communications maintained on or
transmitted to the site, including, but not limited to, the Forums and
any content stored in your personal profile.
- 20.4 If you do not wish to
grant MGCP, LLC the rights set out above, do not submit contributions to
the Site or the Forums.
- 21. Information
about Cookies on the site
- 21.1 If you don't want to
receive certain categories of cookies on the site, you can opt-out of
them by changing your cookie settings via your browser; your browser help
function will tell you how.. We will need to set a cookie so that we can
remember your choices when you next visit the website from the same
browser.
- Note:The site will work without
cookies, but you will not be able to log in to use some of the features
and functionality if you choose to disable cookies. For example, you
won't be able to post on the forum or use the live chat function.
- 21.2 Cookies enable us to
identify your device, or you when you have logged in. We use cookies that
are strictly necessary to enable you to move around the site or to
provide certain basic features. We use cookies to enhance the
functionality of the website by storing your preferences, for example. We
also use cookies to help us to improve the performance of our website to
provide you with a better user experience.
- 21.3 We don’t sell the
information collected by cookies, nor do we disclose the information to
third parties, except where required by law (for example to government
bodies and law enforcement agencies).
From <http://thelovingcouple.com/policy>