Terms of use
<p>Terms of Use<br />Love Lagoon provides an online social networking service. This Agreement includes Love Lagoon’s policy for acceptableuse of the Love Lagoon Services and Content posted on the Love Lagoon Website, your rights, obligations andrestrictions regarding your use of the Love Lagoon Services and Love Lagoon’s Terms of Service. In order toparticipate in certain Love Lagoon Services, you may be notified that you are required to download software orcontent and/or agree to additional terms and conditions. Unless otherwise provided by the additional termsand conditions applicable to the Love Lagoon Services in which you choose to participate, those additional termsare hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing usat: hi@lovelagoon.in, Subject: Terms of Use Agreement.</p>
<p>Love Lagoon may modify this Agreement from time to time and such modification shall be effective upon posting byLove Lagoon on the Love Lagoon Website. You agree to be bound to any changes to this Agreement when you use the Love LagoonServices after any such modification is posted. It is therefore important that you review this Agreementregularly to ensure you are updated as to any changes.</p>
<p>Love Lagoon Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexuallyexplicit information or any information prohibited under Section 7 of this Agreement, and Love Lagoon assumes noresponsibility or liability for.</p>
<p>Love Lagoon reserves the right, in its sole discretion, to reject, refuse to post or remove any posting(including private messages) by you, or to restrict, suspend, or terminate your access to all or any part ofthe Love Lagoon Services at any time, for any or no reason, with or without prior notice, and without liability.Love Lagoon expressly reserves the right to remove your profile and/or restrict, suspend, or terminate youraccess to any part of Love Lagoon Services if Love Lagoon determines, in its sole discretion, that you pose a threatto Love Lagoon and/or its Users. Love Lagoon also reserves the right to change, alter or remove part of or all youradded personal information. With lovelagoon.in using URL’s as links to members personal profiles, Love Lagoonreserves the right to alter or remove this at any time without further notification.</p>
<p>1. Eligibility<br />To create an account on Love Lagoon, you must provide us with at least your name, email address and/or mobilenumber, and a password and agree to our User Agreement, which governs how we treat your information. You mayprovide additional information during the registration flow (for example, your gender, age, job title,company, hobbies and etc.) to help you build your profile and to provide you more customized services onLove Lagoon.</p>
<p>In order to enable a few features on Love Lagoon, you may use our address book or “contacts” importer (or othersimilar features) to upload your phone address book into our Services. Any information that you upload orsync with our Services is covered by the User Agreement. You can remove your address book and any othersynced information at any time.</p>
<p>By using our services, you agree that we may collect, use and share your Information in accordance with thisTerms of Service, as revised from time to time. By continuing to use our services after any changes to thisTerms of Service, with or without notice from us, you are agreeing to the revised Terms of Service.</p>
<p>Use of and Membership in the Love Lagoon Services is void where prohibited. By using the Love Lagoon Services, yourepresent and warrant that (a) all registration information you submit is truthful and accurate; (b) youwill maintain the accuracy of such information; (c) you are 17 years of age or older and reached the age ofadulthood under your national laws; and (d) your use of the Love Lagoon Services does not violate any applicablelaw or regulation. Your profile may be deleted and your Membership may be terminated without warning, if webelieve that you are under 17 years of age or fails to reach the age of adulthood under your nationallaws.</p>
<p>In providing our services, we collect, store and use the following Information relating to you:</p>
<p>1. information you make available to us when you open an account or use our services, such as yourname, telephone number, email address and credit card details;<br />2. information which you make available to our services as you use them, including Shared Informationyou make available to others through our services and information you store using our services;<br />3. Shared Information that others using our services make available about you, such as informationcontained in posts they make and communications they make to you and others using our services; and<br />4. information we collect as you use our services, such as certain Location Data, Log Data and publicinformation.<br />In providing our services, we collect, store and use the “Location Data”. “Location Data” is informationthat we collect regarding your location (when you use a location-enabled service), including:</p>
<p>1. the location of your device when you use our services, such as from the GPS, Wi-Fi, compass,accelerometer or other sensors in your device;<br />2. the IP address of the device or internet service you use to access our services,<br />3. other information made available by you or others that gives an indication as to where you are orhave been located, such as account information that indicates where you are located and SharedInformation you or others post indicating your location, such as any geotag information that isembedded in any photos you make available to us; and<br />4. if you have provided us with your location data previously and would like us to delete such existinglocation data, you may be able to do so via our services.<br />We collect, store and use "Log Data", which is technical information that is automatically collected by uswhen you use our services, whether through the use of cookies (as explained in more detail in the CookiesPolicy) or otherwise, including:</p>
<p>1. technical information such as your mobile carrier, configuration information made available by yourweb browser or other programs you use to access our services, your IP address and your device’sversion and identification number,<br />2. information about what you have searched for and looked at while using our services, such as websearch terms used, social media profiles visited and details of other information and contentaccessed or requested by you in using our services;<br />3. information about what apps and other software you have used and how you have used them;<br />4. information about communications you have made using our services, such as the people you’vecommunicated with and the time, data and duration of your communications; and<br />5. metadata, which means information related to items you have made available through our services,such as the date, time or location that a shared photograph or video was taken or posted.<br />This Agreement shall remain in full force and effect while you use the Love Lagoon Services or are a Member. Youmay terminate your Membership at any time, for any reason, by following the instructions on the Member’sAccount Settings page. Love Lagoon may terminate your Membership at any time, without warning. Even afterMembership is terminated, this Agreement will remain in effect, including sections 5-17.</p>
<p>2. Privacy of Personal Information<br />Other than as permitted under this Terms of Service or as otherwise consented to by you, we will nottransfer your Personal Information to any other third parties for their processing for any purposes.</p>
<p>We and our affiliate companies may share your Personal Information within our group of companies and withjoint venture partners and third party service providers, contractors and agents (such as communicationservice providers who send emails or push notifications on our behalf, mapping services providers whoassists us and you with location data, analytics partners who assist our business, and advertising partnerson our services). In addition, we may allow such third parties to collect your Personal Information acrossour services. In each case, we permit such sharing and/or collection for the purposes of: (i) providing ourservices to you; (ii) assisting us in carrying out the purposes set out under the “How We Use YourInformation” section above; (iii) carrying out our obligations and enforcing our rights under the Terms ofService; and/or (iv) our business, including helping us better understand and improve our services. Thesethird parties may be located, and use and store your Personal Information, outside of your jurisdiction forthese purposes.Where we permit any third parties to collect and use your Personal Information in accordance with the aboveparagraph, we will use reasonable efforts to ensure that such third parties only use your PersonalInformation: (i) in compliance with this Terms of Service; and (ii) subject to any other instructions wegive them, including any appropriate confidentiality and security measures that we implement.</p>
<p>You agree that we or our affiliate companies may be required to retain, preserve or disclose your PersonalInformation: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with acourt order, subpoena or other legal process; (iii) in response to a request by a government authority, lawenforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where webelieve it is reasonably necessary to comply with applicable laws or regulations. You also agree that we orour affiliate companies may need to disclose your Personal Information in order to enforce the Terms ofService or this Terms of Service, protect our rights, property or safety, or the rights, property or safetyof our affiliate companies or other users of our services.</p>
<p>3. Password<br />When you sign up to become a Member, you will also be asked to choose a password. You are entirelyresponsible for maintaining the confidentiality of your password. You agree not to use the account,username, or password of another Member at any time or to disclose your password to any third party. Youagree to notify Love Lagoon via hi@lovelagoon.in immediately if you suspect any unauthorized use of youraccount or access to your password. You are solely responsible for any and all use of your account.</p>
<p>4. Non-commercial Use by Members<br />The Love Lagoon Services are for the personal use of Members only and may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved by Love Lagoon. Illegal and/orunauthorized use of the Love Lagoon Services, including collecting usernames and/or email addresses of Members byelectronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linkingto the Love Lagoon Website is prohibited. Commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from Member profiles without notice and may result in termination of Membershipprivileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Love LagoonServices.</p>
<p>5. Proprietary Rights in Content on Love Lagoon.<br />1. By displaying or publishing (“posting”) any Content on or through the Love Lagoon Services, you herebygrant to Love Lagoon a limited license to use, modify, publicly perform, publicly display, reproduce, anddistribute such Content solely on and through the Love Lagoon Services.<br />2. You represent and warrant that: (i) you own the Content posted by you on or through the Love LagoonServices or otherwise have the right to grant the license set forth in this section, and (ii) theposting of your Content on or through the Love Lagoon Services does not violate the privacy rights,publicity rights, copyrights, contract rights or any other rights of any person. You agree to payfor all royalties, fees, and any other monies owing any person by reason of any Content posted byyou to or through the Love Lagoon Services.<br />3. The Love Lagoon Services contain Content of Love Lagoon (“Love Lagoon Content”). Love Lagoon Content is protected bycopyright, trademark, patent, trade secret and other laws, and Love Lagoon owns and retains all rights inthe Love Lagoon Content and the Love Lagoon Services. Love Lagoon hereby grants you a limited, revocable,nonsublicensable license to reproduce and display the Love Lagoon Content (excluding any software code)solely for your personal use in connection with viewing the Love Lagoon Website and using the Love LagoonServices.<br />4. The Love Lagoon Services contain Content of Users and other Love Lagoon licensors. Except for Content postedby you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform,display, or sell any Content appearing on or through the Love Lagoon Services.<br />6. Content Posted.<br />1. Love Lagoon may delete any Content that in the sole judgment of Love Lagoon violates this Agreement or whichmay be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Love Lagoonassumes no responsibility for monitoring the Love Lagoon Services for inappropriate Content or conduct.If at any time Love Lagoon chooses, in its sole discretion, to monitor the Love Lagoon Services, Love Lagoonnonetheless assumes no responsibility for the Content, no obligation to modify or remove anyinappropriate Content, and no responsibility for the conduct of the User submitting any suchContent.<br />2. You are solely responsible for the Content that you post on or through any of the Love Lagoon Services,and any material or information that you transmit to other Members and for your interactions withother Users. Love Lagoon does not endorse and has no control over the Content. Content is not necessarilyreviewed by Love Lagoon prior to posting and does not necessarily reflect the opinions or policies ofLove Lagoon. Love Lagoon makes no warranties, express or implied, as to the Content or to the accuracy andreliability of the Content or any material or information that you transmit to other Members.<br />7. Content/Activity Prohibited<br />The following is a partial list of the kind of Content that is illegal or prohibited to post on or throughthe Love Lagoon Services. Love Lagoon reserves the right to investigate and take appropriate legal action againstanyone who, in Love Lagoon’s sole discretion, violates this provision, including without limitation, removing theoffending communication from the Love Lagoon Services and terminating the Membership of such violators.Prohibited Content includes, but is not limited to Content that, in the sole discretion of Love Lagoon:</p>
<p>1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against anygroup or individual;<br />2. harasses or advocates harassment of another person;<br />3. exploits people in a sexual or violent manner;<br />4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;<br />5. solicits personal information from anyone under 18;<br />6. sharing content that relates to commercial activities (including but not limited to sales, competitions, promotions, and advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);<br />7. promotes information that you know is false or misleading or promotes illegal activities or conductthat is abusive, threatening, obscene, defamatory or libelous;<br />8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providingpirated computer programs or links to them, providing information to circumventmanufacture-installed copy-protect devices, or providing pirated music or links to pirated musicfiles;<br />9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instantmessaging, “spimming” or “spamming”;<br />10. contains restricted or password only access pages or hidden pages or images (those not linked to orfrom another accessible page);<br />11. furthers or promotes any criminal activity or enterprise or provides instructional information aboutillegal activities including, but not limited to making or buying illegal weapons, violatingsomeone’s privacy, or providing or creating computer viruses;<br />12. solicits passwords or personal identifying information for commercial or unlawful purposes fromother Users;<br />13. involves commercial activities and/or sales without our prior written consent such as contests,sweepstakes, barter, advertising, or pyramid schemes;<br />14. includes a photograph of another person that you have posted without that person’s consent; or<br />15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading ordeceptive Content intended to draw traffic to the profile.<br />The following is a partial list of the kind of activity that is illegal or prohibited on the Love Lagoon Websiteand through your use of the Love Lagoon Services. Love Lagoon reserves the right to investigate and take appropriatelegal action against anyone who, in Love Lagoon’s sole discretion, violates this provision, including withoutlimitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limitedto:</p>
<p>1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material,drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or otherharmful files, copyright infringement, patent infringement, or theft of trade secrets;<br />2. advertising to, or solicitation of, any Member to buy or sell any products or services through theLove Lagoon Services. You may not transmit any chain letters or junk email to other Members. It is also aviolation of these rules to use any information obtained from the Love Lagoon Services in order tocontact, advertise to, solicit, or sell to any Member without their prior explicit consent. In orderto protect our Members from such advertising or solicitation, Love Lagoon reserves the right to restrictthe number of emails which a Member may send to other Members in any 24-hour period to a numberwhich Love Lagoon deems appropriate in its sole discretion. If you breach this Agreement and sendunsolicited bulk email, instant messages or other unsolicited communications of any kind through theLove Lagoon Services, you acknowledge that you will have caused substantial harm to Love Lagoon, but that theamount of such harm would be extremely difficult to ascertain. As a reasonable estimation of suchharm, you agree to pay Love Lagoon $50 for each such unsolicited email or other unsolicited communicationyou send through the Love Lagoon Services;<br />3. covering or obscuring the banner advertisements on your personal profile page, or any Love Lagoon pagevia HTML/CSS or any other means;<br />4. any automated use of the system, such as using scripts to add friends or send comments ormessages;<br />5. interfering with, disrupting, or creating an undue burden on the Love Lagoon Services or the networks orservices connected to the Love Lagoon Services;<br />6. attempting to impersonate another Member or person;<br />7. for band profiles, copying the code for your Love Lagoon Player and embedding it into other profiles orasking other Members to embed it into their profiles;<br />8. using the account, username, or password of another Member at any time or disclosing your passwordto any third party or permitting any third party to access your account;<br />9. selling or otherwise transferring your profile;<br />10. using any information obtained from the Love Lagoon Services in order to harass, abuse, or harm anotherperson;<br />11. displaying an advertisement on your profile, or accepting payment or anything of value from a thirdperson in exchange for your performing any commercial activity on or through the Love Lagoon Services onbehalf of that person, such as placing commercial content on your profile, posting blogs orbulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your“Top 8” friends, or sending private messages with a commercial purpose; or<br />12. using the Love Lagoon Services in a manner inconsistent with any and all applicable laws andregulations.<br />8. Copyright Policy<br />You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or otherproprietary information belonging to others without obtaining the prior written consent of the owner of suchproprietary rights. It is the policy of Love Lagoon to terminate Membership privileges of any Member whorepeatedly infringes the copyright rights of others upon receipt of proper notification to Love Lagoon by thecopyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe thatyour work has been copied and posted on the Love Lagoon Services in a way that constitutes copyrightinfringement, please provide us with the following information by sending them to hi@lovelagoon.in: (i)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrightinterest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a descriptionof where the material that you claim is infringing is located on the Love Lagoon Services; (iv) your address,telephone number, and email address; (v) a written statement by you that you have a good faith belief thatthe disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you,made under penalty of perjury, that the above information in your notice is accurate and that you are thecopyright owner or authorized to act on the copyright owner’s behalf.</p>
<p>9. Member Disputes<br />You are solely responsible for your interactions with other Love Lagoon Members. Love Lagoon reserves the right, buthas no obligation, to monitor disputes between you and other Members.</p>
<p>10. Privacy<br />Use of the Love Lagoon Services is also governed by our Terms of Service, which is incorporated into thisAgreement by this reference.</p>
<p>11. Disclaimers<br />Love Lagoon is not responsible for any incorrect or inaccurate Content posted on the Love Lagoon Website or inconnection with the Love Lagoon Services, whether caused by Users of the Love Lagoon Services or by any of theequipment or programming associated with or utilized in the Love Lagoon Services. Profiles created and posted byMembers on the Love Lagoon Website may contain links to other websites. Love Lagoon is not responsible for theContent, accuracy or opinions expressed on such websites, and such websites are in no way investigated,monitored or checked for accuracy or completeness by Love Lagoon. Inclusion of any linked website on the Love LagoonServices does not imply approval or endorsement of the linked website by Love Lagoon. When you access thesethird-party sites, you do so at your own risk. Love Lagoon takes no responsibility for third party advertisementswhich are posted on this Love Lagoon Website or through the Love Lagoon Services, nor does it take any responsibilityfor the goods or services provided by its advertisers. Love Lagoon is not responsible for the conduct, whetheronline or offline, of any User of the Love Lagoon Services. Love Lagoon 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, any User or Member communication. Love Lagoonis not responsible for any problems or technical malfunction of any telephone network or lines, computeronline systems, servers or providers, computer equipment, software, failure of any email or players due totechnical problems or traffic congestion on the Internet or on any of the Love Lagoon Services or combinationthereof, including any injury or damage to Users or to any person’s computer related to or resulting fromparticipation or downloading materials in connection with the Love Lagoon Services. Under no circumstances shallLove Lagoon be responsible for any loss or damage, including personal injury or death, resulting from use of theLove Lagoon Services, attendance at a Love Lagoon event, from any Content posted on or through the Love Lagoon Services, orfrom the conduct of any Users of the Love Lagoon Services, whether online or offline. The Love Lagoon Services areprovided “AS-IS” and as available and Love Lagoon expressly disclaims any warranty of fitness for a particularpurpose or non-infringement. Love Lagoon cannot guarantee and does not promise any specific results from use ofthe Love Lagoon Services.</p>
<p>12. Limitation on Liability<br />In no event shall Love Lagoon be liable to you or any third party for any indirect, consequential, exemplary,incidental, special or punitive damages, including lost profit damages arising from your use of theservices, even if Love Lagoon has been advised of the possibility of such damages. Notwithstanding anything tothe contrary contained herein, Love Lagoon’s liability to you for any cause whatsoever and regardless of the formof the action, will at all times be limited to the amount paid, if any, by you to Love Lagoon for the Love Lagoonservices during the term of membership.</p>
<p>13. Disputes<br />If there is any dispute about or involving the Love Lagoon Services, you agree that the dispute shall be governedby the laws of Hong Kong, without regard to conflict of law provisions and you agree to exclusive personaljurisdiction and venue in the state and federal courts of Hong Kong. Either Love Lagoon or you may demand thatany dispute between Love Lagoon and you about or involving the Love Lagoon Services must be settled by arbitrationutilizing the dispute resolution procedures of China, provided that the foregoing shall not prevent Love Lagoonfrom seeking injunctive relief in a court of competent jurisdiction.</p>
<p>14. Indemnity<br />You agree to indemnify and hold Love Lagoon, its subsidiaries, and affiliates, and their respective officers,agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonableattorneys’ fees, made by any third party due to or arising out of your use of the Love Lagoon Services inviolation of this Agreement and/or arising from a breach of this Agreement and/or any breach of yourrepresentations and warranties set forth above and/or if any Content that you post on the Love Lagoon Website orthrough the Love Lagoon Services causes Love Lagoon to be liable to another.</p>
<p>15. Other<br />This Agreement is accepted upon your use of the Love Lagoon Website or any of the Love Lagoon Services and is furtheraffirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Love Lagoonregarding the use of the Love Lagoon Services. The failure of Love Lagoon to exercise or enforce any right orprovision of this Agreement shall not operate as a waiver of such right or provision. The section titles inthis Agreement are for convenience only and have no legal or contractual effect. This Agreement operates tothe fullest extent permissible by law. If any provision of this Agreement is unlawful, void orunenforceable, that provision is deemed severable from this Agreement and does not affect the validity andenforceability of any remaining provisions. Please contact us at: hi@lovelagoon.in with any questionsregarding this Agreement.</p>
<p>Love Lagoon may modify this Agreement from time to time and such modification shall be effective upon posting byLove Lagoon on the Love Lagoon Website. You agree to be bound to any changes to this Agreement when you use the Love LagoonServices after any such modification is posted. It is therefore important that you review this Agreementregularly to ensure you are updated as to any changes.</p>
<p>Love Lagoon Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexuallyexplicit information or any information prohibited under Section 7 of this Agreement, and Love Lagoon assumes noresponsibility or liability for.</p>
<p>Love Lagoon reserves the right, in its sole discretion, to reject, refuse to post or remove any posting(including private messages) by you, or to restrict, suspend, or terminate your access to all or any part ofthe Love Lagoon Services at any time, for any or no reason, with or without prior notice, and without liability.Love Lagoon expressly reserves the right to remove your profile and/or restrict, suspend, or terminate youraccess to any part of Love Lagoon Services if Love Lagoon determines, in its sole discretion, that you pose a threatto Love Lagoon and/or its Users. Love Lagoon also reserves the right to change, alter or remove part of or all youradded personal information. With lovelagoon.in using URL’s as links to members personal profiles, Love Lagoonreserves the right to alter or remove this at any time without further notification.</p>
<p>1. Eligibility<br />To create an account on Love Lagoon, you must provide us with at least your name, email address and/or mobilenumber, and a password and agree to our User Agreement, which governs how we treat your information. You mayprovide additional information during the registration flow (for example, your gender, age, job title,company, hobbies and etc.) to help you build your profile and to provide you more customized services onLove Lagoon.</p>
<p>In order to enable a few features on Love Lagoon, you may use our address book or “contacts” importer (or othersimilar features) to upload your phone address book into our Services. Any information that you upload orsync with our Services is covered by the User Agreement. You can remove your address book and any othersynced information at any time.</p>
<p>By using our services, you agree that we may collect, use and share your Information in accordance with thisTerms of Service, as revised from time to time. By continuing to use our services after any changes to thisTerms of Service, with or without notice from us, you are agreeing to the revised Terms of Service.</p>
<p>Use of and Membership in the Love Lagoon Services is void where prohibited. By using the Love Lagoon Services, yourepresent and warrant that (a) all registration information you submit is truthful and accurate; (b) youwill maintain the accuracy of such information; (c) you are 17 years of age or older and reached the age ofadulthood under your national laws; and (d) your use of the Love Lagoon Services does not violate any applicablelaw or regulation. Your profile may be deleted and your Membership may be terminated without warning, if webelieve that you are under 17 years of age or fails to reach the age of adulthood under your nationallaws.</p>
<p>In providing our services, we collect, store and use the following Information relating to you:</p>
<p>1. information you make available to us when you open an account or use our services, such as yourname, telephone number, email address and credit card details;<br />2. information which you make available to our services as you use them, including Shared Informationyou make available to others through our services and information you store using our services;<br />3. Shared Information that others using our services make available about you, such as informationcontained in posts they make and communications they make to you and others using our services; and<br />4. information we collect as you use our services, such as certain Location Data, Log Data and publicinformation.<br />In providing our services, we collect, store and use the “Location Data”. “Location Data” is informationthat we collect regarding your location (when you use a location-enabled service), including:</p>
<p>1. the location of your device when you use our services, such as from the GPS, Wi-Fi, compass,accelerometer or other sensors in your device;<br />2. the IP address of the device or internet service you use to access our services,<br />3. other information made available by you or others that gives an indication as to where you are orhave been located, such as account information that indicates where you are located and SharedInformation you or others post indicating your location, such as any geotag information that isembedded in any photos you make available to us; and<br />4. if you have provided us with your location data previously and would like us to delete such existinglocation data, you may be able to do so via our services.<br />We collect, store and use "Log Data", which is technical information that is automatically collected by uswhen you use our services, whether through the use of cookies (as explained in more detail in the CookiesPolicy) or otherwise, including:</p>
<p>1. technical information such as your mobile carrier, configuration information made available by yourweb browser or other programs you use to access our services, your IP address and your device’sversion and identification number,<br />2. information about what you have searched for and looked at while using our services, such as websearch terms used, social media profiles visited and details of other information and contentaccessed or requested by you in using our services;<br />3. information about what apps and other software you have used and how you have used them;<br />4. information about communications you have made using our services, such as the people you’vecommunicated with and the time, data and duration of your communications; and<br />5. metadata, which means information related to items you have made available through our services,such as the date, time or location that a shared photograph or video was taken or posted.<br />This Agreement shall remain in full force and effect while you use the Love Lagoon Services or are a Member. Youmay terminate your Membership at any time, for any reason, by following the instructions on the Member’sAccount Settings page. Love Lagoon may terminate your Membership at any time, without warning. Even afterMembership is terminated, this Agreement will remain in effect, including sections 5-17.</p>
<p>2. Privacy of Personal Information<br />Other than as permitted under this Terms of Service or as otherwise consented to by you, we will nottransfer your Personal Information to any other third parties for their processing for any purposes.</p>
<p>We and our affiliate companies may share your Personal Information within our group of companies and withjoint venture partners and third party service providers, contractors and agents (such as communicationservice providers who send emails or push notifications on our behalf, mapping services providers whoassists us and you with location data, analytics partners who assist our business, and advertising partnerson our services). In addition, we may allow such third parties to collect your Personal Information acrossour services. In each case, we permit such sharing and/or collection for the purposes of: (i) providing ourservices to you; (ii) assisting us in carrying out the purposes set out under the “How We Use YourInformation” section above; (iii) carrying out our obligations and enforcing our rights under the Terms ofService; and/or (iv) our business, including helping us better understand and improve our services. Thesethird parties may be located, and use and store your Personal Information, outside of your jurisdiction forthese purposes.Where we permit any third parties to collect and use your Personal Information in accordance with the aboveparagraph, we will use reasonable efforts to ensure that such third parties only use your PersonalInformation: (i) in compliance with this Terms of Service; and (ii) subject to any other instructions wegive them, including any appropriate confidentiality and security measures that we implement.</p>
<p>You agree that we or our affiliate companies may be required to retain, preserve or disclose your PersonalInformation: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with acourt order, subpoena or other legal process; (iii) in response to a request by a government authority, lawenforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where webelieve it is reasonably necessary to comply with applicable laws or regulations. You also agree that we orour affiliate companies may need to disclose your Personal Information in order to enforce the Terms ofService or this Terms of Service, protect our rights, property or safety, or the rights, property or safetyof our affiliate companies or other users of our services.</p>
<p>3. Password<br />When you sign up to become a Member, you will also be asked to choose a password. You are entirelyresponsible for maintaining the confidentiality of your password. You agree not to use the account,username, or password of another Member at any time or to disclose your password to any third party. Youagree to notify Love Lagoon via hi@lovelagoon.in immediately if you suspect any unauthorized use of youraccount or access to your password. You are solely responsible for any and all use of your account.</p>
<p>4. Non-commercial Use by Members<br />The Love Lagoon Services are for the personal use of Members only and may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved by Love Lagoon. Illegal and/orunauthorized use of the Love Lagoon Services, including collecting usernames and/or email addresses of Members byelectronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linkingto the Love Lagoon Website is prohibited. Commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from Member profiles without notice and may result in termination of Membershipprivileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Love LagoonServices.</p>
<p>5. Proprietary Rights in Content on Love Lagoon.<br />1. By displaying or publishing (“posting”) any Content on or through the Love Lagoon Services, you herebygrant to Love Lagoon a limited license to use, modify, publicly perform, publicly display, reproduce, anddistribute such Content solely on and through the Love Lagoon Services.<br />2. You represent and warrant that: (i) you own the Content posted by you on or through the Love LagoonServices or otherwise have the right to grant the license set forth in this section, and (ii) theposting of your Content on or through the Love Lagoon Services does not violate the privacy rights,publicity rights, copyrights, contract rights or any other rights of any person. You agree to payfor all royalties, fees, and any other monies owing any person by reason of any Content posted byyou to or through the Love Lagoon Services.<br />3. The Love Lagoon Services contain Content of Love Lagoon (“Love Lagoon Content”). Love Lagoon Content is protected bycopyright, trademark, patent, trade secret and other laws, and Love Lagoon owns and retains all rights inthe Love Lagoon Content and the Love Lagoon Services. Love Lagoon hereby grants you a limited, revocable,nonsublicensable license to reproduce and display the Love Lagoon Content (excluding any software code)solely for your personal use in connection with viewing the Love Lagoon Website and using the Love LagoonServices.<br />4. The Love Lagoon Services contain Content of Users and other Love Lagoon licensors. Except for Content postedby you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform,display, or sell any Content appearing on or through the Love Lagoon Services.<br />6. Content Posted.<br />1. Love Lagoon may delete any Content that in the sole judgment of Love Lagoon violates this Agreement or whichmay be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Love Lagoonassumes no responsibility for monitoring the Love Lagoon Services for inappropriate Content or conduct.If at any time Love Lagoon chooses, in its sole discretion, to monitor the Love Lagoon Services, Love Lagoonnonetheless assumes no responsibility for the Content, no obligation to modify or remove anyinappropriate Content, and no responsibility for the conduct of the User submitting any suchContent.<br />2. You are solely responsible for the Content that you post on or through any of the Love Lagoon Services,and any material or information that you transmit to other Members and for your interactions withother Users. Love Lagoon does not endorse and has no control over the Content. Content is not necessarilyreviewed by Love Lagoon prior to posting and does not necessarily reflect the opinions or policies ofLove Lagoon. Love Lagoon makes no warranties, express or implied, as to the Content or to the accuracy andreliability of the Content or any material or information that you transmit to other Members.<br />7. Content/Activity Prohibited<br />The following is a partial list of the kind of Content that is illegal or prohibited to post on or throughthe Love Lagoon Services. Love Lagoon reserves the right to investigate and take appropriate legal action againstanyone who, in Love Lagoon’s sole discretion, violates this provision, including without limitation, removing theoffending communication from the Love Lagoon Services and terminating the Membership of such violators.Prohibited Content includes, but is not limited to Content that, in the sole discretion of Love Lagoon:</p>
<p>1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against anygroup or individual;<br />2. harasses or advocates harassment of another person;<br />3. exploits people in a sexual or violent manner;<br />4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;<br />5. solicits personal information from anyone under 18;<br />6. sharing content that relates to commercial activities (including but not limited to sales, competitions, promotions, and advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);<br />7. promotes information that you know is false or misleading or promotes illegal activities or conductthat is abusive, threatening, obscene, defamatory or libelous;<br />8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providingpirated computer programs or links to them, providing information to circumventmanufacture-installed copy-protect devices, or providing pirated music or links to pirated musicfiles;<br />9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instantmessaging, “spimming” or “spamming”;<br />10. contains restricted or password only access pages or hidden pages or images (those not linked to orfrom another accessible page);<br />11. furthers or promotes any criminal activity or enterprise or provides instructional information aboutillegal activities including, but not limited to making or buying illegal weapons, violatingsomeone’s privacy, or providing or creating computer viruses;<br />12. solicits passwords or personal identifying information for commercial or unlawful purposes fromother Users;<br />13. involves commercial activities and/or sales without our prior written consent such as contests,sweepstakes, barter, advertising, or pyramid schemes;<br />14. includes a photograph of another person that you have posted without that person’s consent; or<br />15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading ordeceptive Content intended to draw traffic to the profile.<br />The following is a partial list of the kind of activity that is illegal or prohibited on the Love Lagoon Websiteand through your use of the Love Lagoon Services. Love Lagoon reserves the right to investigate and take appropriatelegal action against anyone who, in Love Lagoon’s sole discretion, violates this provision, including withoutlimitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limitedto:</p>
<p>1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material,drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or otherharmful files, copyright infringement, patent infringement, or theft of trade secrets;<br />2. advertising to, or solicitation of, any Member to buy or sell any products or services through theLove Lagoon Services. You may not transmit any chain letters or junk email to other Members. It is also aviolation of these rules to use any information obtained from the Love Lagoon Services in order tocontact, advertise to, solicit, or sell to any Member without their prior explicit consent. In orderto protect our Members from such advertising or solicitation, Love Lagoon reserves the right to restrictthe number of emails which a Member may send to other Members in any 24-hour period to a numberwhich Love Lagoon deems appropriate in its sole discretion. If you breach this Agreement and sendunsolicited bulk email, instant messages or other unsolicited communications of any kind through theLove Lagoon Services, you acknowledge that you will have caused substantial harm to Love Lagoon, but that theamount of such harm would be extremely difficult to ascertain. As a reasonable estimation of suchharm, you agree to pay Love Lagoon $50 for each such unsolicited email or other unsolicited communicationyou send through the Love Lagoon Services;<br />3. covering or obscuring the banner advertisements on your personal profile page, or any Love Lagoon pagevia HTML/CSS or any other means;<br />4. any automated use of the system, such as using scripts to add friends or send comments ormessages;<br />5. interfering with, disrupting, or creating an undue burden on the Love Lagoon Services or the networks orservices connected to the Love Lagoon Services;<br />6. attempting to impersonate another Member or person;<br />7. for band profiles, copying the code for your Love Lagoon Player and embedding it into other profiles orasking other Members to embed it into their profiles;<br />8. using the account, username, or password of another Member at any time or disclosing your passwordto any third party or permitting any third party to access your account;<br />9. selling or otherwise transferring your profile;<br />10. using any information obtained from the Love Lagoon Services in order to harass, abuse, or harm anotherperson;<br />11. displaying an advertisement on your profile, or accepting payment or anything of value from a thirdperson in exchange for your performing any commercial activity on or through the Love Lagoon Services onbehalf of that person, such as placing commercial content on your profile, posting blogs orbulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your“Top 8” friends, or sending private messages with a commercial purpose; or<br />12. using the Love Lagoon Services in a manner inconsistent with any and all applicable laws andregulations.<br />8. Copyright Policy<br />You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or otherproprietary information belonging to others without obtaining the prior written consent of the owner of suchproprietary rights. It is the policy of Love Lagoon to terminate Membership privileges of any Member whorepeatedly infringes the copyright rights of others upon receipt of proper notification to Love Lagoon by thecopyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe thatyour work has been copied and posted on the Love Lagoon Services in a way that constitutes copyrightinfringement, please provide us with the following information by sending them to hi@lovelagoon.in: (i)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrightinterest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a descriptionof where the material that you claim is infringing is located on the Love Lagoon Services; (iv) your address,telephone number, and email address; (v) a written statement by you that you have a good faith belief thatthe disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you,made under penalty of perjury, that the above information in your notice is accurate and that you are thecopyright owner or authorized to act on the copyright owner’s behalf.</p>
<p>9. Member Disputes<br />You are solely responsible for your interactions with other Love Lagoon Members. Love Lagoon reserves the right, buthas no obligation, to monitor disputes between you and other Members.</p>
<p>10. Privacy<br />Use of the Love Lagoon Services is also governed by our Terms of Service, which is incorporated into thisAgreement by this reference.</p>
<p>11. Disclaimers<br />Love Lagoon is not responsible for any incorrect or inaccurate Content posted on the Love Lagoon Website or inconnection with the Love Lagoon Services, whether caused by Users of the Love Lagoon Services or by any of theequipment or programming associated with or utilized in the Love Lagoon Services. Profiles created and posted byMembers on the Love Lagoon Website may contain links to other websites. Love Lagoon is not responsible for theContent, accuracy or opinions expressed on such websites, and such websites are in no way investigated,monitored or checked for accuracy or completeness by Love Lagoon. Inclusion of any linked website on the Love LagoonServices does not imply approval or endorsement of the linked website by Love Lagoon. When you access thesethird-party sites, you do so at your own risk. Love Lagoon takes no responsibility for third party advertisementswhich are posted on this Love Lagoon Website or through the Love Lagoon Services, nor does it take any responsibilityfor the goods or services provided by its advertisers. Love Lagoon is not responsible for the conduct, whetheronline or offline, of any User of the Love Lagoon Services. Love Lagoon 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, any User or Member communication. Love Lagoonis not responsible for any problems or technical malfunction of any telephone network or lines, computeronline systems, servers or providers, computer equipment, software, failure of any email or players due totechnical problems or traffic congestion on the Internet or on any of the Love Lagoon Services or combinationthereof, including any injury or damage to Users or to any person’s computer related to or resulting fromparticipation or downloading materials in connection with the Love Lagoon Services. Under no circumstances shallLove Lagoon be responsible for any loss or damage, including personal injury or death, resulting from use of theLove Lagoon Services, attendance at a Love Lagoon event, from any Content posted on or through the Love Lagoon Services, orfrom the conduct of any Users of the Love Lagoon Services, whether online or offline. The Love Lagoon Services areprovided “AS-IS” and as available and Love Lagoon expressly disclaims any warranty of fitness for a particularpurpose or non-infringement. Love Lagoon cannot guarantee and does not promise any specific results from use ofthe Love Lagoon Services.</p>
<p>12. Limitation on Liability<br />In no event shall Love Lagoon be liable to you or any third party for any indirect, consequential, exemplary,incidental, special or punitive damages, including lost profit damages arising from your use of theservices, even if Love Lagoon has been advised of the possibility of such damages. Notwithstanding anything tothe contrary contained herein, Love Lagoon’s liability to you for any cause whatsoever and regardless of the formof the action, will at all times be limited to the amount paid, if any, by you to Love Lagoon for the Love Lagoonservices during the term of membership.</p>
<p>13. Disputes<br />If there is any dispute about or involving the Love Lagoon Services, you agree that the dispute shall be governedby the laws of Hong Kong, without regard to conflict of law provisions and you agree to exclusive personaljurisdiction and venue in the state and federal courts of Hong Kong. Either Love Lagoon or you may demand thatany dispute between Love Lagoon and you about or involving the Love Lagoon Services must be settled by arbitrationutilizing the dispute resolution procedures of China, provided that the foregoing shall not prevent Love Lagoonfrom seeking injunctive relief in a court of competent jurisdiction.</p>
<p>14. Indemnity<br />You agree to indemnify and hold Love Lagoon, its subsidiaries, and affiliates, and their respective officers,agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonableattorneys’ fees, made by any third party due to or arising out of your use of the Love Lagoon Services inviolation of this Agreement and/or arising from a breach of this Agreement and/or any breach of yourrepresentations and warranties set forth above and/or if any Content that you post on the Love Lagoon Website orthrough the Love Lagoon Services causes Love Lagoon to be liable to another.</p>
<p>15. Other<br />This Agreement is accepted upon your use of the Love Lagoon Website or any of the Love Lagoon Services and is furtheraffirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Love Lagoonregarding the use of the Love Lagoon Services. The failure of Love Lagoon to exercise or enforce any right orprovision of this Agreement shall not operate as a waiver of such right or provision. The section titles inthis Agreement are for convenience only and have no legal or contractual effect. This Agreement operates tothe fullest extent permissible by law. If any provision of this Agreement is unlawful, void orunenforceable, that provision is deemed severable from this Agreement and does not affect the validity andenforceability of any remaining provisions. Please contact us at: hi@lovelagoon.in with any questionsregarding this Agreement.</p>
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