This service is for adults only (you must be at least 18 years old).
The luvu.plus service Singles Social Portal is a way for adults to meet each other online.
This is a legal agreement ("Agreement") between you and Sparkle5, LLC. Please read the Agreement carefully before registering for the luvu.plus service. By registering for luvu.plus, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the luvu.plus service.
The Terms are subject to change by Sparkle5, LLC at any time, without notice, effective upon posting of a link to the revised Terms on our website (luvu.plus). Minors (under 18 years old) may not become members. When you register, and from time to time thereafter, Sparkle5, LLC will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or Sparkle5, LLC may terminate your luvu.plus membership at any time, for any reason, effective upon sending written notice to the other party. Sparkle5, LLC reserves the right to immediately suspend or terminate your access to the luvu.plus service, without notice, upon any breach of this Agreement by you which is brought to Sparkle5, LLC's attention.
Your membership in the luvu.plus service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
By uploading a picture you grant Sparkle5, LLC the right to use pictures and generated content for any purpose and usage on its platform.
Online/Mobile Conduct
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the luvu.plus service, or transmit to other luvu.plus Members.
There is no tolerance for objectionable content. You will NOT post on the luvu.plus service, or transmit to other luvu.plus members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the luvu.plus service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Sparkle5, LLC reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other luvu.plus members.
You will 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.
You are solely responsible for your interactions with other luvu.plus members. Sparkle5, LLC reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of Sparkle5, LLC.
Indemnity by Member
You will defend, indemnify, and hold harmless Sparkle5, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the luvu.plus Service, including, but not limited to, any breach by you of the terms of this Agreement.
Online Content
Opinions, advice, statements, offers, or other information or content made available through the luvu.plus service are those of their respective authors and not of Sparkle5, LLC, and should not necessarily be relied upon. Such authors are solely responsible for such content. Sparkle5, LLC does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Sparkle5, LLC be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the luvu.plus Service, or transmitted to luvu.plus members.
WARNING - PLEASE READ: It is possible that other luvu.plus members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the luvu.plus Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Sparkle5, LLC is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the luvu.plus service or release to others.
Sparkle5, LLC reserves the right, but has no obligation, to monitor the materials posted in the public areas of the luvu.plus Service. Sparkle5, LLC shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of Sparkle5, LLC, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other luvu.plus members that are not readily accessible to the general public will be treated as private by Sparkle5, LLC to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service.
Proprietary Rights
Sparkle5, LLC owns and retains other proprietary rights in the luvu.plus Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Sparkle5, LLC and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of luvu.plus, you automatically grant, and you represent and warrant that you have the right to grant, to Sparkle5, LLC and other luvu.plus members 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.
Information Supplied by Member
Except as provided otherwise in luvu.plus's privacy policy, Sparkle5, LLC will keep confidential all information supplied by you to Sparkle5, LLC, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
Disclaimer of Warranty
Sparkle5, LLC provides the luvu.plus Service on an "as is" basis and grants no warranties of any kind, express, implied, or statutory, in connection with the Service or in connection with any communication with Sparkle5, LLC or its representatives, or otherwise with respect to the Service. Sparkle5, LLC specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sparkle5, LLC does not warrant that your use of the luvu.plus service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Sparkle5, LLC disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
In no event will Sparkle5, LLC be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the luvu.plus Service, even if Sparkle5, LLC or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Sparkle5, LLC'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 Sparkle5, LLC for the Service during the term of membership.
In addition, Sparkle5, LLC disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the luvu.plus Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
General Provisions
You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Florida, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Florida in connection with the Service or this Agreement. This Agreement, accepted upon registering for the luvu.plus Service, contains the entire agreement between you and Sparkle5, LLC regarding the use of the Service. This Agreement may only be amended upon notice by Sparkle5, LLC to you, or by a writing signed by you and an authorized official of Sparkle5, LLC. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Refund Policy
luvu.plus will issue a refund within 72 hours of an initial subscription provided that none of the Services have been utilized. Beyond these conditions, requests for refunds will be at the sole discretion of Sparkle5, LLC and will be reviewed on a member to member basis.
Copyright Policy
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
Content Moderation Transparency
We strive to maintain a positive and respectful environment on the luvu.plus Service. To achieve this, our moderation team reviews reported content and takes appropriate action. If your content is removed or your account is suspended due to moderation actions, you will be notified and provided with an explanation. You may request a review or appeal if you believe the decision was made in error. However, Sparkle5, LLC reserves the right to enforce its community guidelines at its sole discretion.
Intellectual Property Clarifications
All content you post on the luvu.plus Service must either be your own original work or you must have the right to post it. You must respect the intellectual property rights of others. If you believe that any content on our Service infringes your copyrights or other proprietary rights, please contact us immediately with the necessary details. Sparkle5, LLC reserves the right to remove any content that is found to be in violation of these standards.
Changes to the Terms
Sparkle5, LLC reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms.
Security Practices
We take the security of your personal information seriously and implement a variety of security measures designed to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure. By using the luvu.plus Service, you acknowledge that while we strive to protect your information, Sparkle5, LLC cannot guarantee its absolute security.
User Dispute Resolution / Arbitration Clause
In the event of any dispute arising out of or relating to your use of the luvu.plus Service, you agree to first attempt to resolve the dispute informally by contacting our support team. If the dispute cannot be resolved informally within 30 days, you agree that any and all claims, disputes, or controversies arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
