Registered Member Agreement
This Member Agreement (“Agreement”) is a contract between you, a
registered Member of LetLoveBe.me of at least 13 years of age
("Member”) and LetLoveBe.me, Inc. ("LetLoveBe.me") regarding
your registration of a profile - which includes your email and webpage URL and other input LetLoveBe may consider including - on the
LetLoveBe.me web site ("LetLoveBe.me Site"). All references to
“us,” “our” and “LetLoveBe.me” in this Agreement are intended to refer to
LetLoveBe.me, and
its affiliate entities. All references to “you,” “your” and “Registered Member”
in this Agreement are intended to refer to the Registered Member. LetLoveBe.me is
located at: 9 Pontresina
Ave., Tweed Heads. NSW. Australia
2485 or through the Contact
link.
PLEASE READ THE FOLLOWING TERMS OF USE. BY REGISTERING YOUR PROFILE ON THE
LetLoveBe.me SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE
TO BE BOUND BY THE FOLLOWING AGREEMENT, INCLUDING ANY FUTURE MODIFICATIONS
THERETO. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN PLEASE DO NOT
REGISTER YOUR PROFILE ON THE LetLoveBe.me SITE.
1. Modification of this Agreement. LetLoveBe.me reserves
the right, at our discretion, to change, modify, add, or remove portions of
this Agreement at any time without notice. Any new features that augment or
enhance the current site, including the release of new tools and resources,
shall be subject to this Agreement. Please check this Agreement periodically
for changes. Your maintenance of a registered Profile or your registration of
additional Profiles on the LetLoveBe.me Site after the posting of changes
constitutes your binding acceptance of such changes. For any material changes
to this Agreement, such amended terms will automatically be effective
after they are posted on the LetLoveBe.me Site.
2. Terms of Use Your registration
of Profiles is also subject to the general terms of use for the LetLoveBe.me
Site (“Terms of Use”). The Terms of Use is hereby incorporated into this
Agreement by reference.
3. Profile Registration.
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3.1 Definition of Profiles.
LetLoveBe.me permits Registered Members to register a Profile which other Registered
Member can view (“Profiles”).
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3.2 As a registered member your website link may receive visits from other members. You agree, to accept notification of these visits via email if and when this happens.
By registering as a Member you also agree to accept occasional emails from LetLoveBe.me notifying members of updates and other developments if any. You agree to use your membership in an appopriate manner and further agree not to spam or use another member's account for any unlawful purpose.
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3.3 Ownership, Limited License Grants.
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(a) Limited License Grant to LetLoveBe.me.
By registering Profiles on the LetLoveBe.me Site, you hereby grant to
LetLoveBe.me a worldwide, non-exclusive, transferable, assignable, fully
paid-up, royalty-free, perpetual, and irrevocable license to use, display,
reproduce, distribute (by any means including electronic distribution via the
Internet), modify, and use the Profiles that you register pursuant to this
Agreement.
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(b)For content that is covered by intellectual property rights, like photos, pics, quotes, words ("IP content"), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with LetLoveBe.me ("IP License") profiles and form input. Also because content is shared, you understand that deregistering yourself does not remove your IP content as the content - for example your profile's association with a quote - will not necessarily be immediately removed with de-registration and will continue to be publicly available unless or until another member 'inherits' it or until it is removed by the webmaster at LetLoveBe.me at your explicit request via email.
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(c) Limited License Grant to other
LetLoveBe.me Users. As this is a site for connecting people, by registering a Profile
on the LetLoveBe.me Site, you also hereby grant to each user of the
LetLoveBe.me Site and any other properties through which LetLoveBe.me
distributes your Profile, a non-exclusive license to use, display and reproduce
any Profile you register.
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(d) Required Rights in Profiles and IP content. You own
and are solely responsible for your Profiles/IP content and for the consequences of posting or
publishing them. In connection with Profiles/IP content, you affirm, represent and/or warrant
that you created, own, or have the necessary licenses, rights, consents, and
permissions to use and to authorize LetLoveBe.me and users of the
LetLoveBe.me Site to use your Profiles/IP content as necessary to exercise the licenses
granted by you in this section and in the manner contemplated by LetLoveBe.me
and this Agreement.
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(e) Registered Member Representations. In
connection with registering Profiles and IP content, you further agree, represent and warrant
that you will not: (i) submit material that is
copyrighted, protected by trade secret laws or is otherwise subject to
third-party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant LetLoveBe.me and the users of the
LetLoveBe.me Site all of the license rights granted herein; (ii) publish
representations that could damage LetLoveBe.me or any third party person or
entity; (iii) submit material that is defamatory, unlawful, obscene, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law or is otherwise inappropriate;
or (iv) impersonates another person.
4. Restrictions. WHEN REGISTERING PROFILES AND POSTING FORM INPUT
USING THE LETLOVEBE.ME SITE YOU AGREE NOT TO:
- 4.1 register any Profile or post any input that
constitutes or promotes pornographic, threatening, embarrassing, hateful,
racially or ethnically insulting, libelous, or otherwise inappropriate
content;
- 4.2 register any Profile or
use the LetLoveBe.me Site for any purpose or use that is unlawful or is
otherwise prohibited by this Agreement;
- 4.3 use the LetLoveBe.me
Site in any manner that in our sole discretion could damage, disable,
overburden, or impair it or interfere with any other party's use and
enjoyment of the LetLoveBe.me Site;
- 4.4 remove, circumvent,
disable, damage or otherwise interfere with security-related features of
the LetLoveBe.me Site, features that prevent or restrict use or copying
of any content accessible through the LetLoveBe.me Site, or features
that enforce limitations on use of the LetLoveBe.me Site;
- 4.5 register any Profile or post Input
intended to derive income, whether for direct commercial or monetary gain
or otherwise, without LetLoveBe.me's prior,
express, written permission.
5. Financial Terms.
- 5.1
Fees. LetLoveBe.me does not charge a fee to access the
Site or our basic Registered Member Services.
6.
Termination.
- 6.1 By Registered
Member. A Registered Member may terminate any Profile at any time by removing such Profile from the LetLoveBe.me Site but in doing so understands that this does not necessarily terminate the availability of any content or input shared by the member.
- 6.2 By LetLoveBe.me.
You agree that LetLoveBe.me, in its sole discretion and for any or no
reason, may suspend or terminate any Profile you may have registered with
LetLoveBe.me or your use of the LetLoveBe.me Site and remove and
discard all or any part of any Profile at any time. LetLoveBe.me may
also in its sole discretion and at any time discontinue providing access
to the LetLoveBe.me Site, or any part thereof, with or without notice.
You agree that any termination of your access to the LetLoveBe.me Site
or any account you may have or portion thereof may be effected without
prior notice, and you agree that LetLoveBe.me shall not be liable to you
or any third party for any such termination, or for any price change,
suspension or modification of service. As discussed herein, LetLoveBe.me
does not permit copyright infringing activities on the LetLoveBe.me
Site, and reserves the right to terminate access to the LetLoveBe.me
Site, and remove all content (including but not limited to Profiles)
submitted, by any Registered Members who are found to be repeat offenders.
Any suspected fraudulent, abusive or illegal activity that may be grounds
for termination of your use of the LetLoveBe.me Site may be referred to
appropriate law enforcement authorities. These remedies are in addition to
any other remedies LetLoveBe.me may have at law or in equity.
7. Disclaimers; No Warranties.
THE LETLOVEBE.ME SITE SERVICES, OR
APPLICATIONS, INCLUDING BUT NOT LIMITED TO PROFILES AND USER PROVIDED
INFORMATION, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LETLOVEBE.ME
SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, LETLOVEBE.ME, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM
ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LETLOVEBE.ME, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE LETLOVEBE.ME SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LETLOVEBE.ME SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE OF INTENTIONAL OR UNINTENTIONALLY
HARMFUL COMPONENTS.
LETLOVEBE.ME, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
LETLOVEBE.ME SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT LETLOVEBE.ME NOR ITS SUPPLIERS, LICENSOR OR PARTNERS)
ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU
UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE
LETLOVEBE.ME SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES YOU INCUR AS A RESULT.
LETLOVEBE.ME TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS (FOR
EXAMPLE GOOGLE or TWITTER AND OTHER ADS/WIDGETS) WHICH ARE POSTED ON THIS LETLOVEBE.ME
SITE OR FOR PROFILES DEVELOPED BY THIRD PARTY REGISTERED MEMBERS OR
LETLOVEBE.ME THAT ARE AGGREGATED ON THE LETLOVEBE.ME SITE, THROUGH THE
LETLOVEBE.ME SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR
SERVICES PROVIDED BY ITS ADVERTISERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. Indemnification; Hold Harmless. You agree to indemnify,
save, and hold LetLoveBe.me, its affiliated companies, and its suppliers,
licensors, and partners harmless from any claims, losses, damages, liabilities,
including attorneys' fees, arising out of LetLoveBe.me's
distribution of your Profile, your violation of this Agreement, your violation
of the rights of any other person or entity, or any breach of the
representations, warranties, and covenants made by you herein. LetLoveBe.me
reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify LetLoveBe.me,
and you agree to cooperate with LetLoveBe.me's
defense of these claims.
9. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL
LETLOVEBE.ME OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES
THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE
LETLOVEBE.ME SITE, OR ANY OTHER INTERACTIONS WITH LETLOVEBE.ME, EVEN IF
LETLOVEBE.ME OR A LETLOVEBE.ME AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LETLOVEBE.ME'S
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL LETLOVEBE.ME OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,
AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR YOUR USE OF THE LETLOVEBE.ME SITE, INCLUDING WITHOUT
LIMITATION YOUR INTERACTIONS WITH OTHER LETLOVEBE.ME SITE USERS, (WHETHER IN
CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE LETLOVEBE.ME SITE DURING THE TWELVE
(12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT
GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS AUSTRALIAN, WHICHEVER IS
GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON
OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN
LETLOVEBE.ME AND RECEIVED THROUGH OR ADVERTISED ON LETLOVEBE.ME OR RECEIVED
THROUGH ANY LINKS PROVIDED ON LETLOVEBE.ME.
10. Miscellaneous.
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10.1 Waiver. The failure of
LetLoveBe.me to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision. Any waiver of any
provision of this Agreement will be effective only if in writing and signed by
LetLoveBe.me.
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10.2 Relationship of the Parties.
The parties are independent contractors with respect to each other. This
Agreement does not constitute and shall not be construed as constituting a
partnership or joint venture among the parties hereto, or an employee-employer
relationship. A Registered Member agrees that LetLoveBe.me has no special
relationship with or fiduciary duty to the Registered Member.
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10.3 Governing Law. This
Agreement will be governed by and construed in accordance with the laws of Australia,
without giving effect to any principles of conflicts of law.
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10.4 Jurisdiction. You agree
that any action at law or in equity arising out of or relating to this
Agreement or LetLoveBe.me will be filed only in the state or federal courts
of Tweed Heads, Australia,
and you hereby consent and submit to the personal and exclusive jurisdiction of
such courts for the purposes of litigating any such action.
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10.5 Severability. If any
provision of this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable from this Agreement
and will not affect the validity and enforceability of any remaining
provisions.
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10.6 Assignment. This
Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by LetLoveBe.me without
restriction.
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10.7 Survival. Sections 3.2(d),
4 and 7 through 10 will survive any termination of this Agreement.
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10.8 Force Majeure.
Without limiting the foregoing, under no circumstances shall LetLoveBe.me or
its licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
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10.9 Headings. The heading
references herein are for convenience purposes only, do not constitute a part
of this Agreement, and will not be deemed to limit or affect any of the
provisions hereof.
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10.10 Entire Agreement. This is
the entire agreement between you and LetLoveBe.me relating to the subject
matter herein and will not be modified except in a writing,
signed by both parties, or by a change to this Agreement made by LetLoveBe.me
as set forth in Section 1 above.