Terms and Conditions


1. TERMS AND CONDITIONS OF USE

Last Updated: 15 April 2017

Loveflutter Ltd (“we” or “us”) operates the Loveflutter Mobile Application on iPhone and Android and related Website at www.loveflutter.com (“Loveflutter”). By using Loveflutter in any way, you accept these terms and conditions of use (“Terms of Use”). If you do not wish to be bound by these Terms of Use, do not use Loveflutter. Please read these carefully before you start to use Loveflutter.

2. DEFINITIONS

"Agreement" means these Terms of Use which regulate the relationship between Loveflutter Ltd (the Company) and You (the Member); "Communications" means any communication including but not limited to communications by email by the Member to other members of Loveflutter on mobile or web. "Contribution" means the contributions of the Member to the Website or Mobile Application including but not limited to the text and/or images contained within the Members Profile; "Member" means any person whose membership has been accepted by Loveflutter and remains valid; "Members Profile" means that part of the Website or Mobile Application containing information and/or pictures about a Member; "Service" means the service provided by Loveflutter to the Member through the Website or Mobile Application including, but not limited to, allowing the Member to access and/or use the Website or Mobile Application, and to contact and/or be contacted by other Members and/or publish or transmit information on the Website or Mobile Application.

3. INFORMATION ABOUT LOVEFLUTTER

Loveflutter is operated by Loveflutter Ltd ("We"). We are registered in England and Wales under company number 07750789 and have our registered office at 235 Blackstock Road, London, N5 2LL, United Kingdom.

4. USING AND ACCESSING LOVEFLUTTER 

4.1 Your privacy rights are set forth in our separate Privacy Policy (www.loveflutter.com/privacy), which forms a part of this Agreement.

4.2 To use Loveflutter, you can register an account in 3 different ways: manually with a valid email address or through Facebook or Twitter login. When you register an account through your Facebook login, you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Loveflutter users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Loveflutter users in your network or geolocation. Please take precautions to protect your password and contact us at theteam@loveflutter.com if you believe your account has been accessed by an unauthorized person.

4.3 You may also register an account through your Twitter login, meaning you are authorizing us to access certain information in your Twitter account, including information from your timeline. By allowing us to access your Twitter account, you expressly acknowledge and agree that we may obtain and share your name, profile picture and latest tweets with other Loveflutter users in your network or geolocation. Please take precautions to protect your password and contact us at theteam@loveflutter.com if you believe your account has been accessed by an unauthorized person.

4.4 We reserve the right to withdraw or amend the service we provide on our Website or Mobile Application without notice (see below). We will not be liable if for any reason our Website or Mobile Application is unavailable at any time or for any period.

4.5 We may restrict access to some parts of our Website or Mobile Application from time to time to users who have registered with us.

4.6 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

4.7 You are responsible for making all arrangements necessary for you to have access to our Website or Mobile Application. You are also responsible for ensuring that all persons who access our Website through your internet connection or mobile device are aware of these Terms of Use, and that they comply with them.

5. MEMBERSHIP OF LOVEFLUTTER

5.1 By becoming a Member of any membership tier, the Member warrants and represents that:

5.1.1 the Member is at least 18 years of age.

5.1.2 the Member has not been convicted of any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and the Member does not have an unspent conviction, or are subject to any court order, relating to assault, violence, sexual misconduct or harassment.

5.1.3 the Member will be using the Service for his/her personal use only.

5.2 We shall have the right in our absolute discretion to refuse to register applications for membership and to terminate memberships at any time.

5.3 Loveflutter reserves the right to end your membership and close your account at any time for any reason with or without notice to you. 

6. CONTENT AND INFORMATION: GENERAL

6.1 The content and information standards set out in clauses 6 and 7 apply to all the content included in a Member Profile, whether directly uploaded by the Member or granted access to, via Facebook or Twitter login to Loveflutter, by a Member. This includes all content displayed in tweets authorized to be displayed on Loveflutter by a Member.

6.2 Members must not include in their Member Profile any telephone numbers, street addresses, e-mail addresses, instant messaging contact details (e.g. ICQ numbers, etc) web site URLs, etc. or any other information that would enable other Members and/or any person to contact Members outside the Website or Mobile Application. Personal contact information will be removed.

6.3 A Member may not publish explicit photographs on his/her profile. You may not publish content (including photographs) that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18.

6.4 Whilst The Company reserves the right to delete or remove content deemed offensive by The Company, The Company does not guarantee that offensive material will be removed or deleted. Failure by The Company to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.

6.5 You may not publish content that contains advertising or commercial messages. You may not send messages of a commercial nature to other Members via the site.

6.6 You may not impersonate any other person or entity.

6.7 We may copy and/or reproduce any information published by Members on the Loveflutter Website or Mobile Application in any form and in any manner providing that Member has not chosen to opt out of the choices outlined on their Privacy Settings page in their Account Settings. If the Member has not opted out, the Company reserves the right to be able to use screenshots or similar images of pages featured throughout the service, including the Member screen name and photo(s) and use these for general promotional purposes, for example, but not limited to, a marketing campaign, corporate brochure or presentation or screenshot / image on Loveflutter. From time to time we send promotional emails to members featuring selected profiles. We also show pictures and write stories about Loveflutter members in promotions such as on in our public marketing and PR communications. By creating a profile you grant The Company permission to publish your profile in such a fashion unless you otherwise inform us via your Privacy Settings controls in Account Settings that you wish to opt out of such publication.

6.8 The Member shall ensure that all information transmitted and/or published on the Website or Mobile Applicaton by him/her from time to time is accurate, true, complete and is not misleading and will be regularly reviewed to ensure that it remains so.

6.9 We reserve the right at our absolute discretion from time to time and without notice to amend and/or delete all or any part of a Member's Profile.

7. CONTENT AND INFORMATION: UPLOADING AND STANDARDS

7.1 Whenever you make use of a feature that allows you to upload material to our Website or Mobile Application, or to make contact with other users, you must comply with the content standards set out below. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of such warranty.

7.2 Any Contributions, Communications or material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website or Mobile Application constitutes a violation of their intellectual property rights, or of their right to privacy.

7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website or Mobile Application.

7.4 We have the right to remove any material or posting you make on our Website or Mobile Application if, in our opinion, such material does not comply with the content standards set out in clauses 6 and 7.

7.5 All Contributions and Communications with other members of Loveflutter shall conform to the content standards set out in this clause. Contributions and Communications without limitation must not:

7.5.1. contain any material which is defamatory of any person;

7.5.2 contain any material which is obscene, offensive, hateful or inflammatory;

7.5.3 promote sexually explicit material (including photos);

7.5.4 promote violence;

7.5.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

7.5.6 infringe any copyright, database right or trade mark of any other person;

7.5.7 be likely to deceive any person;

7.5.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

7.5.9 be likely to harass, upset, embarrass, alarm or annoy any other person;

7.5.10 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

7.5.11 give the impression that they emanate from us, if this is not the case.

8. CONTENT AND INFORMATION: STORAGE

8.1 The Company assumes no responsibility for the deletion of or failure to store your content, including profile details and photographs.

8.2 Unless you delete your Loveflutter Website or Mobile Application messages, we will store them for 30 days after they are sent then they will be deleted. If you delete messages, Loveflutter will not save them.

9. CONTENT AND INFORMATION: COPYRIGHT

9.1 By submitting, providing, transmitting or otherwise making available information and content via the Loveflutter Website or Mobile Application, you are granting us a non-exclusive, royalty-free, worldwide licence of any rights, including intellectual property rights, in such information and content, to publish or republish and otherwise used any such content in any format on the Loveflutter Website or Mobile Application, whether such website or mobile application is accessed by the Internet, digital television, PDA, mobile phone or any other platform or medium.

10. ACCEPTABLE USE

10.1 You may use our Website or Mobile Application only for lawful purposes. You may not use our Website or Mobile Application:

10.1.1 in any way that breaches any applicable local, national or international law or regulation;

10.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

10.1.3 in any way that may facilitate prostitution or paedophilia; or

10.1.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

10.2 You also agree:

10.2.1 not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms of Use;

10.2.2 not to access without authority, interfere with, damage or disrupt:

10.2.2.1 any part of the Website; or

10.2.2.2 any software used in the provision of the Services from the Website or Mobile Application.

11. HARASSMENT AND DISPUTES

11.1 You may not harass any Member. You must agree to cease contacting any other Member who has requested you to cease.

11.2 The Company will not become involved in any domestic or private disputes between Members and does not provide any arbitration or settlement services should a dispute arise between Members.

11.3 You alone are responsible for ensuring that your interaction with other Members is lawful. The Company advises you that there may be risks of dealing with Members acting under false pretences or with criminal intent. 

11.4 The Company cannot control what happens between Members once they decide to meet in person, however should you encounter behaviour that may be deemed harmful to other Members you are requested to contact The Company by emailing theteam@loveflutter.com with as much detail as possible.

11.5 All complaints are treated in confidence, and will be resolved by a senior member of our support team as quickly as possible. If deemed appropriate at the sole discretion of The Company, we may warn, suspend or delete a Member's profile.

11.6 If you need to report an attack, a missing person, or if you feel that your safety is at immediate risk, we advise you to contact the police immediately, and then let our Customer Support Team know. 

12. RISKS AND PRECAUTIONS

Loveflutter does not conduct criminal background checks on members of the Loveflutter Website or Mobile Application. You are solely responsible for taking all appropriate safety precautions in connection with your use of the Loveflutter Website or Mobile Application. There are risks associated with any online or offline interaction with others, including dating. Loveflutter does not guarantee or verify the accuracy of information provided to you by other members of the Loveflutter Website or Mobile application and is unable to confirm that any member is who he or she claims to be.

13. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Website or Mobile application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website or Mobile application, Member or by anyone who may be informed of any of its contents.

14. OUR SITE CHANGES REGULARLY

We aim to update our Website and Mobile application regularly, and may change the content at any time. If the need arises, we may suspend access to our Website or Mobile application, or close it indefinitely. Any of the material on our Website or Mobile application may be out of date at any given time, and we are under no obligation to update such material.

15. INFORMATION ABOUT YOU AND VISITS TO OUR SITE 

We process information about you in accordance with our Privacy Policy. By using our Website or Mobile application, you consent to such processing and you warrant that all data provided by you is accurate.

16. LINKING TO OUR SITE

16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

16.2 You must not establish a link from any website that is not owned by you.

16.3 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clauses 6 and 7 of these Terms of Use.

17. LINKS FROM OUR SITE

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

18. INTELLECTUAL PROPERTY RIGHTS

18.1 We are the owner of all intellectual property rights in our Website or Mobile application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

18.2 You may print off one copy, and may download extracts, of any page(s) from our Website or Mobile application for your personal reference and you may draw the attention of others within your organisation to material posted on our Website or Mobile application.

18.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

18.4 You must not use any part of the materials on our Website or Mobile application for commercial purposes without obtaining a licence to do so from us or our licensors.

18.5 You warrant that you are the author of all information and/or pictures uploaded or otherwise entered onto the Website or Mobile application and assign to Loveflutter all copyright in such information and pictures.

19. TERMINATION

19.1 Members may terminate their membership at any time for any reason by emailing theteam@loveflutter.com

19.2 Loveflutter may terminate or suspend a Member's membership and access to the Service with immediate effect and either with or without notice:-

19.2.1 if the Member is in breach of any of the terms of this agreement; and/or

19.2.2 if Loveflutter is unable to determine the accuracy and/or validity of any information provided by the Member; and/or

19.2.3 for any other commercial or technical reason.

19.3 Any notice shall be sent to the Member's email address as provided in his/her application for membership.

19.4 Certain clauses of these Terms of Use will remain in force after termination of the membership including clauses 6 and 7.

19.5 Failure to comply with clauses 6 and 7 constitutes a material breach of the Terms of Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

19.5.1 immediate, temporary or permanent withdrawal of your right to use our Website and Mobile application.

19.5.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Website and Mobile application.

20. INDEMNITY 

20.1 You undertake fully and effectively to indemnify and keep indemnified at all times Loveflutter and its officers, employees, agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or Loveflutter directly or indirectly in respect of:-

20.2 access to and/or use of the Service by the Member;

20.3 any information data or material published or transmitted by the Member;

20.4 any breach by the Member of any of the provisions of these Terms of Use or of any code law or regulation relating thereto.

21. OUR LIABILITY

21.1 The material displayed on our Website and Mobile application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

21.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

21.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Services or access to the Website and any materials posted on it. 

21.2 Loveflutter expressly excludes liability for consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by you or a Member.

21.3 If any part of this clause is held to be invalid, Loveflutter shall only be liable to the Member for an amount not exceeding the sum paid by the Member for the provision of the Services.

21.4 Notices of any claims against Loveflutter shall be made by the Member within 10 days of the alleged incident giving rise to the claim together with sufficient evidence to show to Loveflutter's reasonable satisfaction that it is liable.

21.5 No part of this clause shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

22. VARIATIONS 

We may revise these Terms of Use at any time. You are expected to check the Terms of Use from time to time to take notice of any changes we have made, as they are binding on you. Any variations to these Terms of Use must be in writing and signed on behalf of the parties.

23. JURISDICTION AND APPLICABLE LAW 

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by English law.