Love A Flutter Terms and Conditions (“Agreement”)

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using

www.loveaflutter.com (“the Site”) operated by Love A Flutter (“us”, “we”, or “our”). This Agreement sets

forth the legally binding terms and conditions for your use of the Site at www.loveaflutter.com.

 

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site

or contributing content or other materials to the Site, you agree to be bound by these Terms and

Conditions. Capitalized terms are defined in this Agreement.

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you,

but may be assigned by Love A Flutter without restriction. Any attempted transfer or assignment in

violation hereof shall be null and void.

 

Acceptance of Terms and Conditions and Amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms and

Conditions, and as amended from time to time with or without notice to you. In addition, if you are

using a particular service on or through this web site, you will be subject to any rules or guidelines

applicable to those services and they shall be incorporated by reference into these Terms and

Conditions. Please see our Privacy Policy, which is incorporated into these Terms and Conditions by

reference.

 

Our Service

Our web site and services provided to you on and through our web site on an “AS IS” basis. You agree

that the owners of this web site exclusively reserve the right and may, at any time and without notice

and any liability to you, modify or discontinue this web site and its services or delete the data you

provide, whether temporarily or permanently.

We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

Your Responsibilities and Registration Obligations In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms and Conditions and as may be modified by us from time to time and available here.

Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the

terms of our Privacy Policy.

Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses

via your registration and/or login, whether authorized or unauthorized by you. You agree to

immediately notify us of any unauthorized use or your registration, user account or password.

Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound,

photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be

the sole responsibility of the person providing the Content or the person whose user account is used.

You agree that our web site may expose you to Content that may be objectionable or offensive. We shall

not be responsible to you in any way for the Content that appears on this web site nor for any error or

omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful,

abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable,

pornographic, designed to or does interfere or interrupt this web site or any service provided, infected

with a virus or other destructive or deleterious programming routine, give rise to civil or criminal

liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek

to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any Content or service in any commercial manner or in any manner

that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized

advertising without our prior written consent;

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be

considered a violation of any local, national or international law, including but not limited to laws

relating to copyright, trademark, patent, or trade secrets.

Submission of Content on this Site

By providing any Content to our web site you agree to all of the following statements listed below:

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license

(including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish,

distribute, perform, promote, archive, translate, and to create derivative works and compilations, in

whole or in part. Such license will apply with respect to any form, media, technology known or later

developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to

grant us with the license set forth in this Section;

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to

refuse to publish or to remove or block access to any Content you provide at any time and for any

reason, with or without notice.

Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web

site. Representations made regarding products and services provided by third parties are governed by

the policies and representations made by these third parties. We shall not be liable for or responsible in

any manner for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers,

directors, employees, agents, independent contractors, advertisers, partners, and co- branders from any

claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due

to or arising out of your conduct or connection with this web site or service, your provision of Content,

your violation of this Terms and Conditions or any other violation of the rights of another person or

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT

PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS

PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES

OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE

UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY,

NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE

THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY

KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND

WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not

apply to you only as it relates to implied warranties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,

DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I)

THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS

AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR

CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE

SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to

Regards to Communication

We do not make any representations or warranties as to the truth or accuracy of any statement made or

materials posted on or through our site, forum, bulletin board, chat room, or any other user interactive

area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance

upon the information that may be contained in our site, forum, bulletin board, chat room, or any other

user interactive area of our site.

We do not endorse or lend any credence for any statements that are made by any participant in our

forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views

expressed by our site, forum, bulletin board, chat room, or any other user interactive area of our site

participants are their own. We do not endorse or support or otherwise give any credence or reason for

reliance on any such statements or opinions.

You are fully responsible for your own statements and materials that you post in our site, forum, bulletin

board, chat room, or any other user interactive area of our site and any consequences, whether or not

foreseen, to any party who may rely upon these statements. You agree that you will not take any action

directed towards attempting to hold us responsible for any such materials or statements.

As a participant in our site, forum, bulletin board, chat room, or any other user interactive area of our

site, you agree that we may remove any materials from our site, forum, bulletin board, chat room, or

any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all.

This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other

material. You hold us harmless from and against any damage you or others may suffer as a result of our

removal of any content from our forum, bulletin board, chat room, or any other user interactive area of

our site or from the discontinuance of our forum, bulletin board, chat room, or any other user

interactive area of our site at any time.

Important Communication Note: When opting to do shares through our sites social accounts we own

based on the service you have subscribed to when you placed an order for your campaign may be

shared through third party accounts. Moreover, please note since when shares are conducted through a

3rd party service we will not have the ability to access the amount of friends/followers one may have.

Arbitration

For any disputes or discrepancies you may have with Love A Flutter, you agree to first contact us and

attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating

to this Agreement shall be resolved by binding arbitration in accordance with the then-current

Commercial Arbitration Rules of the United Kingdom Arbitration Association. The parties shall select a

mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this

Agreement. In the event the parties are unable to agree to such a selection, each party will select an

arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside

jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located

between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant

to the dispute shall be made available to the other party for review and copy no later than 30 days after

the notice of arbitration is served.

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award

punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders

in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding

on the parties, and judgment may be entered in conformity with the decision in any court having

jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing

arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to

perform their respective obligations under this Agreement.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents,

trade secrets, and any other proprietary right that we may have in our web site, its content, and the

goods and services that may be provided. The use of our rights and property requires our prior written

consent. We are not providing you with any implied or express licenses or rights by making services

available to you and you will have no rights to make any commercial uses of our web site or service

without our prior written consent.

Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright

infringement or a violation of your intellectual property rights, our copyright agent may be contacted at

the following address:

www.loveaflutter.com

LOVE A FLUTTER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY

WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Love A Flutter takes no responsibility and assumes no liability for any User Content that you or any other

user or third party posts or transmits using our images, products or services. You understand and agree

that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children,

or otherwise unsuited to your purpose.

Applicable Law

You agree that this Terms and Conditions and any dispute arising out of your use of this web site or our

products or services shall be governed by and construed in accordance with local laws where the

headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By

registering or using this web site and service you consent and submit to the exclusive jurisdiction and

venue of the county or city where the headquarters of the owner of this web site is located.

Miscellaneous Information

(i) In the event that this Terms and Conditions conflicts with any law under which any provision may be

held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the

original intentions of the parties in accordance with applicable law, and the remainder of this Terms and

Conditions will remain valid and intact;

(ii) The failure of either party to assert any right under this Terms and Conditions shall not be considered

a waiver of any that party’s right and that right will remain in full force and effect;

(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of

this web site or its services must be filed within one (1) year after such claim or cause arose or the claim

shall be forever barred; (iv) We may assign our rights and obligations under this Terms and Conditions

and we shall be relieved of any further obligation.

This Agreement was last modified on September 21, 2015