IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING TROOLUV (“DATING SITE”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS DATING SITE OR ASSOCIATED WEBSITES.
This site is owned and made available by TrooLuv (referred to in these Terms and Conditions as “Dating Site”), a privately held entity in the Dallas/Fort Worth area of the United States (referred to in these Terms and Conditions as “we” and “us”). The Terms and Conditions form part of an agreement between you and Dating Site, and sets out the conditions under which you may access Dating Site to use our dating services and advertisements (the “Material”) available through the Dating Site.
By accessing or viewing the Material and on registration to be become a Member on the Dating Site you have indicated to us that you both understand and agree to be bound by its Terms and Conditions.
In these Terms and Conditions, when we say Dating Site, we mean our digital content platform, regardless of how you access it.
1. Terms and conditions:
We reserve the right to amend these Terms and Conditions from time to time. Any such amendments will be applicable to all persons accessing the Dating Site once the revisions have been posted onto the Dating Site. You should therefore check the website from time to time to review the current Terms and Conditions.
Although we do check new Member profiles for any content we deem unsuitable we cannot verify the identity of Members or the accuracy of Member Content, nor can we guarantee that we will identify all inappropriate Member Content. Please do not take any Member Content and information as wholly accurate, we will not be responsible for false and misleading statements given by other Members. If you have any concerns over the Member Content on the Dating Site, please Contact Us here.
2. No warranty
The Dating Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:
the Dating Site will continue to be available to you in either its current format;
the Dating Site or any software available from it will be free from viruses or defects;
the Material contained on the Dating Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).
Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Dating Site, or your inability to use it.
4. Downloadable Material
All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.
5. Use of the Web Site
not to use the Dating Site or its Material for any unlawful purpose;
that you shall not make any use of the Dating Site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way; in particular that you shall not run any automated scripts on any part of the site without our express authorization.
not to use the Dating Site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
not to use the Dating Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
that you shall not use the Dating Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
that in the event that you may have any right, claim or action against any other Member arising out of the use of the Dating Site you shall pursue such right, claim or action independently of, and without recourse to, us.
That you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site.
We shall have the right to immediately suspend your access to the Dating Site if you commit a breach of these Terms and Conditions.
Permission is granted to temporarily download one copy of the materials (information or software) on this web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on this web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dating Site at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6. Intellectual Property Rights
The design, images and content of the Dating Site are, unless otherwise stated, our property or our licensors’ property.
We provide Material on the Dating Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the services of the Dating Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Dating Site.
No part of the Dating Site must be reproduced, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.
6.a RSS Feeds
By downloading and using our RSS Feeds you agree to be bound by our terms and conditions.
Our RSS feeds are entirely free of charge for non-commercial use. You may not use our feeds on any site that we would consider a TrooLuv competitor. If you wish to discuss any commercial content or data feed requirements you may have, please contact us.
7. Links to other Sites
Any web sites to which you link through the Dating Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Dating Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites.
We accept no liability with respect to any of the products, information, material or services offered or provided by other organizations listed on, or linked to, this Dating Site. Should you decide to contract with any of these organizations, the contract will be directly between you and the relevant organization. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organizations.
When seeking access to parts of the Dating Site, such access to interact with other Members you will be asked to register and/or subscribe (for a fee). You must then supply certain details if requested, such as your email address and a password. To become a Member and you can only access the registration areas of the site if:
You are aged 18 or older;
You create a profile and/or pay our subscription charge to become a Member.
Your email address and password (if requested) are personal and may not be used by anyone else to access the site;
You do not do anything to allow anyone who is not a registered Member to access any registration area of the site;
You do not create additional registration accounts which may cause disruption or abuse of the site;
You do not supply us with false or misleading information or pass yourself off as another Member.
If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice or refund.
10. Rejection, cancellation or suspension
We can at our discretion, refused any application to become a Member. We may also suspend or cancel this agreement and your ability to use the Dating Site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these Terms and Conditions or any conduct in connection with your use of the Dating Site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the Dating Site.
11. Your responsibilities
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the Dating Site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensee right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the Dating Site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.
12. Infringement of third party rights
By publishing or posting material on this Dating Site, you warrant to us that:
You do not infringe the rights of any individual, corporation or organization, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions.
You have not defamed any individual, corporation organization or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or unprovable; statements breaching an individual’s privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, color or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.
13. Intellectual Property
You acknowledge that all rights, including copyright and database rights, for any content on the Dating Site (including TrooLuv trade names and logos) or which is submitted by you belongs to us or are licensed by you to us for the purposes in 11 above. You may use and contribute to the Dating Site for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). You will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this Dating Site without our written permission, except that you may reproduce reasonable extracts of any contribution to the Dating Site and its community, without our prior permission for non-commercial purposes.
You indemnify and will keep indemnified the Dating Site, its holding company and/or subsidiaries, together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms and Conditions by you or from the publication of any posting or submission howsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defense of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operation as may reasonably be requested by us.
15. Loss or damage – disclaimer
You acknowledge that:
the contributions to the Dating Site and its dating community are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders;
it is your sole responsibility to check the accuracy of any facts and opinions given by any Member on this Dating Site before entering into any commitment based upon them;
we do not, as a matter of course, actively moderate, monitor or edit the Member contributions to the Dating Site and its community;
any third parties advertising on our Dating Site, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.
16. Limitation of Liability
We are not liable for any loss or damage, howsoever arising, from your registration to the Dating Site and its community by other parties, your use of it or inability to use it, or any errors and omissions on the Dating Site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.
17. No warranty
We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents or Members of the Dating Site, and any implied warranties are excluded to the extent permitted by law.
We do not warrant that this Dating Site, the server that supplies it, or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
18. Data protection
We will use your personal details to administer this Dating Site. From time to time, we may send direct marketing or promotional material information from us providing similar or additional services. You can indicate you do not wish to receive such material by unsubscribing at any time.
19. Inappropriate Use
If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of Texas.
23. Print Usage
By recording a voice greeting to accompany your profile, you agree to permit Dating Site to publish a dating profile on your behalf in its Dating Site search results, or in Dating Site marketing and advertising materials, for up to 180 days after you have last used your account.