Terms & Conditions
Last updated: June 3, 2024
We know legal stuff isn’t always a fun read. But this section is important! It outlines how Lovie works, your rights as a user, and how we protect your data. Consider it the essential info for having the best experience possible.
Important: Before you use Lovie (as defined below), we advise you to carefully read and make sure you understand the provisions of this Lovie Terms of Service (these “Terms”), especially those Sections that are bolded, which might exclude or limit our liabilities or highlight your obligations. LOVIE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Lovie. If you use the facial images of individuals other than yourself to train facial models, you must obtain consent from those individuals in accordance with applicable laws. If you have any questions about these Terms, or you are unwilling to accept these Terms in whole or in part, please cease using Lovie immediately.
Scope of these Terms: These Terms are applicable to your use of produces and services provided by Lovie and its affiliates who assist us with respect to the provision of the services (collectively, “we”, “us” or “our”) for your use of Lovie. We may update these Terms from time to time at our sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you continue to use Lovie after we have posted updated version of these Terms, you are agreeing to be bound by the updated version of these Terms. “Lovie” is a software product developed, operated and managed by us. Under these Terms, “Lovie” is a software product developed, operated and managed by us. Under these Terms, “Lovie” refers to the mobile applications of Lovie (the “App”), desktop (both Windows and Mac) and website versions of Lovie, the website set up by us for Lovie, and other services provided by us as part of the App and/or the website.
Protection of User Information and Personal Information: It is our fundamental principle to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of these Terms and the Privacy Policy.
Your Use of Lovie: You shall be fully responsible for your use of Lovie and for your User Content (as defined below). You shall not produce, store or post any following information/content via Lovie:
1. a) photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
2. b) information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
3. c) information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification number, non-public telephone number or non-public email address;
4. d) information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
5. e) information that violates the terms of these Terms, laws, rules, regulations, policies, social order and information that disturbs Lovie’s normal operation;
6. f) information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
7. g) information that helps or encourages others to do any of the above; or
(h) information that is otherwise deemed inappropriate by us, including content that falls under the category of adult content not in compliance with our policies or applicable laws.
(i) Adult content that is explicit or pornographic in nature which is not permitted under our policies and applicable app store guidelines. However, incidental mature content, as defined by app store policies, may be permissible if it is hidden by default and only accessible upon explicit user consent via our website.
We reserve the right, at our sole and absolute discretion, to remove or disable access to any Content, at any time and without notice, if we consider any Content to be objectionable or in violation of these Terms or app store guidelines.
If you violate these Terms, especially our policies on adult content, you agree that we may, at our sole discretion or as required by law, take any action deemed appropriate, including content removal, account suspension or termination, and other necessary measures.
Credit Purchases: To the extent permitted by the applicable laws, we do not generally provide refunds or credits for any unused Lovie content unless otherwise agreed by Lovie. Passwords and Account Access. If you create an account in the App, you are responsible for any activity that occurs through such account. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over Lovie ready devices that are used to access the service and not reveal the password associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us and our partners from identity theft or other fraudulent activity.
Content Ownership and License: Definitions. For purposes of these Terms: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Lovie; (ii) “Our Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Lovie (including you) through Lovie by us, including, without limitation, product features built into Lovie such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and (iii) “User Content” means any Content uploaded or provided by users of Lovie and to be made available through Lovie, but excluding any Our Content (or derivatives thereof).
Handling of NSFW Content
In compliance with app store guidelines, our platform supports the display of incidental mature “NSFW” content originating from a web-based service. Such content is hidden by default and only displayed when the user opts in via our website. We have implemented robust content filtering systems, including AI-based tools, to monitor and manage the display of such content. Users are required to adhere strictly to these guidelines, and any violation may result in immediate content removal and/or account suspension.
Content Ownership
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all associated intellectual property rights. You acknowledge that Lovie and Our Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Lovie or Our Content.
For greater certainty, if you incorporate any of Our Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights, title and ownership to Our Content and any derivatives thereof.
Rights in your User Content
By making any User Content available through the Lovie “Community Channel”, you hereby grant to us a non-exclusive, worldwide, royalty-free license in connection with operating Lovie and providing social services to you and to other users of Lovie. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in these Terms.
Your Responsibility for your User Content
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Lovie, nor any use of your User Content by us on or through Lovie will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
Removal of User Content
You can delete your User Content at any time by specifically deleting it. To the extent the Company is able to do so, all user data associated to you in possession of the Company will be deleted. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your User Content is publicly available (such as those you shared to any other third-party platforms), you acknowledge that we cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and we have no responsibility in this regard. You agree that you will not have any claims against us arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, we shall also have the right to delete or remove any User Content in our sole and absolute discretion and without notice to you.
Rights in Content Granted by us
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of these Terms, access and view the Content (excluding your User Content) solely in connection with your permitted use of Lovie and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial and you shall not use Content (excluding your User Content) for any commercial purposes without our prior written consent, unless otherwise specified in these Terms.
Advertising: Lovie may include advertisements in connection with providing Lovie to you, which you acknowledge that it supports the provision of the services by us and hence is reasonable and legitimate. You agree to receive advertisements made available to you by us or third-party partners while you are using Lovie. Subject to our compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and are not a supplier of any of these products or services. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via Lovie to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
License for the App: Subject to your compliance with these Terms, we grant you a limited royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.
Indemnity: If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of Lovie or the provision of User Content, including, without limitation, actual or alleged violation of any laws, rules regulations or other legal rights, or any breach of any term in these Terms, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Additionally, if anyone brings a claim against us related to your provision or use of adult content or NSFW material, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind related to such claim. This includes ensuring compliance with all applicable laws and regulations regarding such content.
Disclaimer: You agree to use Lovie at your own risk. Lovie is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of Lovie, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Lovie may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of Lovie or any materials contained therein.
Limitation of Liability: To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with these Terms and/or your use of Lovie, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. 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, our liability will be limited to the fullest extent permitted.
Not Responsible for Third Parties: We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Lovie may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Force Majeure and Other Grounds for Exemption: Your use of Lovie may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
Modification, Suspension, and Termination of Lovie: Except as otherwise stipulated in these Terms, we shall have the right to modify, suspend, or terminate the operation of Lovie and/or your access to Lovie at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of Lovie. Upon any such cancellation, suspension or termination, the following Sections of these Terms will survive: Sections 3 to 8a and 10 to 17.
Compliance with App Store Policies
We commit to adhering to all app store guidelines, including those related to user-generated content and adult materials. Our platform has mechanisms for users to report objectionable content, and we ensure timely review and action on such reports. Adult content, as permitted, is managed according to the specific guidelines outlined by the app stores and is not accessible by default.
Notification of Infringement: We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Our Content, User Content and other material on the App and the website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App and the website, please notify us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”).
Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the App and the website prior to such removal by us. You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third-party sites.
Governing Law and Dispute Resolution: These Terms are established, entered into force, and shall be enforced and interpreted under the laws of Hong Kong, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and us to the exclusive jurisdiction of Hong Kong. If any provision of these Terms are held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and us.
Inherent Risks: You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or account.
Acceptance of Risks
You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Lovie’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.
Language
These Terms are prepared and drafted in English. They may be translated into other languages. Should any conflict arise between the English version of these Terms and any translation hereof, the English version shall be the standard.
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