Terms and Conditions of Use
Last revised on 12-JAN-2025
The English version of this document is the official version. Translated
versions are provided for your convenience only. In the event of any discrepancies between the
versions, the English version shall prevail.
By creating a user account, by using lootdate.com (“Website”),
or the smart phone application Lootdate (“App”), whether through a mobile device, mobile
application or computer (collectively, the “Service”) you agree to be bound by these Terms of
Use and our Privacy Policy, which is incorporated by reference into this Agreement and available
in the Service. If you do not accept and agree to be bound by all of the terms of this
Agreement, please do not use the Service, regardless of whether or not you register as a member
(“Member”). If you wish to become a Member, communicate with other Members and make use of the
Service, please read the following Terms and Conditions of Use Agreement and indicate your
acceptance by following the instructions in the Registration process. If you have any questions
about our Terms of Use, please refer to the end of this Agreement for information on how to
contact us.
1.
Acceptance of Terms and Conditions
The use of the Service is conditional upon your acceptance of these
Terms of Use. You will be deemed to have accepted these Terms of Use by using this Website,
regardless of whether or not you register as a Member. We may change the Terms of Use at any
time. If we do, an amended version of the Terms of Use will be posted on the Website. You
are responsible for ensuring that you regularly review the Terms of Use. If you do not agree
to these Terms of Use you must not use our network.
2.
Eligibility
You must be eighteen years old or over (or the age of majority in the
country in which you reside if that happens to be greater than eighteen years old) to
register as a Member of Service or use the Website and the App. Membership in the Service is
void where prohibited. By using the Website, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by all of the terms
and conditions of this Agreement. You warrant that you have the right, authority and
capacity to enter into and be bound by the Terms and that by using the Service you will not
be violating any law or regulation of the country in which you are resident. You are solely
responsible for your compliance with all applicable local laws and regulations. You further
warrant that you have not been convicted of, nor are subject to any court order relating to
assault, violence, sexual misconduct or harassment.
3.
Term and Termination, Account Deletion
This Agreement will remain in full force and effect while you use the
Website, the App and/or are a Member. You may terminate your membership at any time, for any
reason by following the instructions on your “Account Settings” and “Delete my Account”
option and then follow the steps to confirm your decision. Or upon receipt by the Company of
your written or email notice of termination. The Company may terminate your membership for
any reason, effective upon sending notice to you at the email address you provided in your
application for membership, or such other email address as you may later provide to us. The
Company may without prior notice to you suspend, disable, or delete your account login (or
any part thereof) to the App or stop your access to the Website if the Company determines
that you have violated any provision of this Agreement or that your conduct or content would
tend to damage its reputation or goodwill. If the Company deletes your account login to the
App or stop your access to the Website for the foregoing reasons; you may not re-register
under a different name. The Company may at any time terminate at its convenience this
Agreement in relation to your account access to the Website and therefore your user account
for the App with immediate effect. In the event of account deletion for any reason, content
that you submitted may no longer be available. The Company shall not be responsible for the
loss of such content. Upon termination, all licenses granted by the Company hereunder this
Agreement will terminate. Even after membership is terminated, this Agreement will remain in
effect. Even after this Agreement is terminated, certain provisions will remain in effect,
including sections of this Agreement.
4.
Non Commercial Use by Members
The Website and its related Service is for the personal use of
individual Members only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should not use the
Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website,
including collecting usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of or linking to
the Website will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
5.
Proprietary Rights in Content
The Company owns and retains all proprietary rights in the Website and
the Service. The Website contains the copyrighted material, trademarks, and other
proprietary information of the Company, and its licensors. Except for that information which
is in the public domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary
information.
6.
Content Restrictions
You understand and agree that the Company may review and delete any
content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of
the Company violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members. You are solely responsible for
the content that you publish, upload, or display (hereinafter, “post” or “submit”) on the
Service, or transmit to other Members. By posting Content to any private or public area of
Website and through its Services, you automatically grant, and you represent and warrant
that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute such
information and content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the foregoing. The
following is a non-exhaustive list of content you may not submit to, on or via Website and
Service : is patently offensive to the online community, such as content that promotes
bigotry, racism, hatred or physical harm of any kind against any individual or group;
harasses or advocates harassment of another person; promotes information that is false,
misleading or promotes illegal activities or conduct that is abusive, obscene, threatening,
defamatory or libelous; provides material that exploits people under the age of eighteen in
a violent or sexual manner, or solicits personal information from anyone under the age of
eighteen; contains sexually explicit content; provides instructional information about
illegal activities such as buying or making illegal weapons, violating someone's privacy, or
providing or creating computer viruses; involves the transmission of “junk mail”, “chain
letters”, or unsolicited mass mailing or “spamming”; promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated images, audio or video, or links to pirated images, audio or
video files; solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes; infringes any third party's copyrights or other rights (e.g., trademark, privacy
rights, etc.). You must use the Service, including but not limited to the content you post
on the Website, must be in accordance with any and all applicable laws and regulations. You
may not include in your Member profile any telephone numbers, street addresses, last names,
URLs or email addresses. In case of suspect behavior, the Company reserves the right to
restrict the number of messages which a Member may send to other Members in any 24-hour
period, up to time length which the Company’s moderator deems appropriate in its sole
discretion until further action. The Company reserves the right, in its sole discretion, to
investigate and take any legal action against anyone who violates this provision, including
removing the offending communication from the Service and terminating or suspending the
account of such violators.
7.
Modifications to Service
The Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that the Company shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. To protect the integrity of the
Service, the Company reserves the right at any time in its sole discretion to block users
from certain IP addresses from accessing the Service, suspend or revoke your registration
(where applicable) and your right to access and/or use the Website or submit any Content
onto the Service; the Service’s administrator make use of any operational, technological,
legal, or other means available to enforce the Terms (including without limitation blocking
specific IP addresses).
8.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide us with the following information : an
electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that you claim has been
infringed; a description of where the material that you claim is infringing is located on
the Website; your address, telephone number, and email address; a written statement by you
that you have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
9.
Subscription, Optional Service Payment & Online Purchases
9.1
Free features available to all Members
Registration to the Website and Service allows individuals to become a
Free Member and provides access to free features. These features are not the same depending
on the Services and may change over time. Becoming a Free Member does not allow you to use
all the functionalities of the Website. Depending on the Services and subject to
restrictions set by Members if any, free features notably include the creation of the
Profile, certain search features, consultation of other Members’ Profiles. Communication
with other Members generally requires a Subscription.
9.2
Paid features available only to Subscribers
Purchase of a Subscription allows you to access to the features
described on the Website and Mobile Application (e.g. Premium Paid Membership). Additional
Upgrades may be purchased by the Subscriber. All features of these Upgrades are described on
the Website and Mobile Application. After you registered, you may optionally subscribe for
various lengths of time to some Premium Services (Premium Paid Membership), purchase Package
of Credits (e.g. Coins, Flash, Boost, or Spark) and/or proceed On-Website or In-App
Purchases.
9.3
Paid Subscriptions and Services purchased via the Apple App
Store or Google Play Store
If you choose to make a purchase of Paid Subscriptions and Services that
is processed and managed by the Apple App Store or Google Play Store depending on your
device. The Company has no direct control over such payment methods, exchange rate or
transfer of funds nor on any possible fees inherent to these operations. Consequently, the
Apple App Store and Google Play Store alone are liable for their payment terms and
processes. This is why The Company has no control over reimbursement of your purchase. Any
requests related to these payments must be sent to your Store. In such cases, the Company
does not collect any banking information. Your bank details are collected and processed
directly by Apple or Google and remain outside of the Company’s control. If a Subscriber
purchased Paid Services using their own account on Apple App Store or Google Play Store,
auto-renewals and terminations are handled by Apple or Google under their own terms and
conditions, which The Company does not control. To request termination of a Paid Service,
the Subscriber must go to Apple App Store or Google Play Store, click on their Account ID,
and follow their instructions. The Company cannot carry out reversal charges/cancellation
due to technical restrictions of these stores.
9.4
Paid Subscriptions and Services purchased via Desktop and Mobile
Websites or Progressive Web App
If you choose to make a purchase of Paid Subscriptions and Services via
the Desktop or Mobile Websites and Progressive Web App (PWA), you may pay either by bank
card (on the internet or through a mobile service) or by using an online payment service
(PayPal, Direct Debit etc.) according to the options given on the relevant Website. You
agree to pay the Company all charges at the prices displayed to you for the services you’ve
selected as well as any sales or similar taxes that may be imposed on your payments, and you
authorize the Company to charge your chosen payment provider (your “Payment Method”). The
Company may correct any billing errors or mistakes that it makes even if it has already
requested or received payment. If you initiate a chargeback or otherwise reverse a payment
made with your Payment Method, The Company may terminate your account immediately in its
sole discretion. If your chosen payment method is via an online payment service (PayPal,
Direct Debit etc.), then please check with them about their specific payment terms, as their
payment terms will govern how payments are made as well as how such payments may be changed
or cancelled. Purchase of a Subscription allows you to access to the features described on
the Website and Mobile Application (e.g. Premium Paid Membership). Additional Upgrades may
be purchased by the Subscriber. All features of these Upgrades are described on the Website
and Mobile Application. After you registered, you may optionally subscribe for various
lengths of time to some Premium Services (Premium Paid Membership), purchase Package of
Credits (e.g. Coins, Flash, Boost or Spark) and/or proceed On-Website or In-App Purchases.
9.5
Subscriptions and Credits
If you cancel your subscription, you may use your subscription until the
end of your then-current subscription term, and in any case your subscription will not be
renewed after your then-current term expires. The terms of your payment will be based on
your Payment Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment Method. We reserve
the right to expire any unused credits expire 12 months, this might occur with deemed
dormant and abandoned accounts when any consecutive inactivity period is reaching a period
of 12 months since the last User's connection to the Service. If you delete your account or
if your account is terminated by us due to breach of these Terms, you will lose any
accumulated credits. If you receive free or promotional credits, we may expire them at any
time. Credits are not redeemable for any sum of money or monetary value from us unless we
agree otherwise in writing. Please refer to your account status on your “Manage My Profile”
page for further details relating to your payments and subscriptions. Once you have paid for
any premium subscription services, mentioned as “Premium Paid Membership”, you have the
right to cancel and be reimbursed for all payments received within 14 days. Please note that
once you have downloaded any of the content and/or used any digital products or benefits
(e.g., Credits, Coins, Flash, Boost, or Spark) included as part of any paid-for service
within the initial 14-day period, you will not be eligible for a refund. If you wish to
cancel please let us know through the customer contact form.
10.
Popularity Points and Rewards
As a member, you earn popularity points that determine your points
benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have
accumulated the minimum number required of points as established by The Company for a
particular benefit. The popularity points earned by members remain the exclusive property of
The Company and can be canceled or modified at The Company's convenience and its sole
discretion with no prejudice and without incurring any obligation or liability. Popularity
points cannot be exchanged for cash or credit or used to obtain cash advances or used
against payment for any charges/fees incurred on the Service. Redeemed rewards are not
exchangeable for other rewards or refundable. You must be logged in to your account to use
your benefits. You will find your eligible offers and rewards listed with your current
status on the dedicated section. Qualifying members shall claim offers and rewards while
they reached a said level, if they passed to the adjacent levels, they will not be able to
claim the rewards from the previous level any longer but from the current level instead.
When reaching the top ranking, there is a limit of one individual prize per member per year,
and rewards cannot be transferred, delayed, exchanged or returned. All rewards are subject
to availability and certain restrictions may apply. Fraud and abuse relating to earning and
redemption of popularity points in the program will result in the forfeiture of the points
as well as termination of the user account. The Company reserves the right to cancel, change
or substitute rewards or conditions or the computations of points or terms and conditions of
the program anytime. The Company can suspend or terminate the program any time it deems
necessary. In such a case The Company will intimate the Users and give them an option to
redeem the accumulated points.
11.
Member Disputes
You are solely responsible for your interactions with other Service
Members. The Company reserves the right, but has no obligation, to monitor disputes between
you and other Members, and to take any action considered legitimate by the admin, including
suspending/deleting your account and all credits or points accumulated via a purchase or a
reward.
12.
Privacy
Use of the Website and/or the Service is also governed by the Company’s
Privacy Policy, which forms a part of this Agreement. Please review our Privacy Policy to
learn about : What information we may collect about you, when we use that information
for which third-party information, if any, you are agreeing to share by using the Service;
and with whom we share that information. In the event that you do not agree with any terms
of our Privacy Policy, please stop using Service immediately.
13.
Disclaimers
The Company is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether caused by users of the
Website, Members or by any of the equipment or programming associated with or utilized in
the Service. The Company is not responsible for the conduct, whether online or offline, of
any user of the Website or Member of the Service. The Company assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration
of, user or Member communications. The Company is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Website or combination thereof,
including injury or damage to users and/or Members or to any other person's computer related
to or resulting from participating or downloading materials in connection with the Web
and/or in connection with the Service. Under no circumstances will the Company be
responsible for any loss or damage, including personal injury or death, resulting from
anyone's use of the Website or the Service, any Content posted on the Website or transmitted
to Members, or any interactions between users of the Website, whether online or offline. The
Website and the Service are provided “As Is” and “As Available”, therefore the Company
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
The Company cannot guarantee and does not promise any specific results from use of the
Website and/or the Service.
14.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no
event will the Company be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost profits arising from
your use of the Web site or the Service, even if the Company has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained herein, the
Company's liability to you for any cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid, if any, by you to the Company for
the Service during the term of membership.
15.
Disputes
The Company will always try its best to help resolve any issue that you
may encounter with our Website and/or Service. If there is any complaint or dispute about or
involving the Website and/or the Service remains unresolved, you agree that any dispute
shall be governed by the laws of the area in which the Company is based without regard to
conflict of law provisions and you agree to personal jurisdiction by and venue in the area
in which the Company is based. In the event there is a discrepancy between this English
language version and any translated copies of the Website Terms and Conditions, the English
version shall prevail.
16.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees, made by any third party
due to or arising out of your use of the Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your representations and
warranties set forth above.
17.
Other
This Agreement, accepted upon use of the Website and further affirmed by
becoming a Member of the Service, contains the entire agreement between you and the Company
regarding the use of the Website and/or the Service. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force and effect. The
failure of the Company to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. You agree that your online account is
non-transferable and all of your rights to your profile or contents within your account
terminate upon your death. No agency, partnership, joint venture or employment is created as
a result of this Agreement and you may not make any representations or bind the Company in
any manner.
18.
Personal Data
Your Personal Data submitted to Website and/or the Service is governed
by the Privacy Policy of the Company. However, as Service is a social platform, your
disclosure of Personal Data to other users of Website, App, and/or the Service is subject to
the risk that your Personal Data may be misused or disclosed to third parties by other
Member users. We are not able to monitor or sanction the acts of other Member users,
therefore any Personal Data that you choose to disclose to other Member users is entirely at
your own risk and responsibility, and you agree not to hold the Company liable for any
consequences that may ensue. Moreover, the Company cannot be held reliable for loss of your
personal data, and is not responsible for backing up any of your personal data including
text, images, video or other. The Company makes no claim that your account data is stored
securely, and should data or personal information be leaked either through a user problems
or server problems the Company cannot be held responsible.
Nothing herein shall limit the right of the Company to object to the invalid
service of subpoenas, claims, or other demands. This Agreement, together with any amendments by
the Company, constitutes the entire understanding between the Company and you concerning the
subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Any revisions of the Terms of Service by the Company will be effective as of the date it is
posted on the Website.
I AM THROUGH READING THIS AGREEMENT AND I HAVE AGREED TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
Please contact us with any questions regarding
this agreement.
Lootdate LLC.
8 The Green, Ste A, Dover, DE 1990