This User Agreement (the "Agreement") is a binding agreement between you ("User" or "you") and "Lovespell", ("Company"). This Agreement governs your use of the Lovespell.me website (including all related documentation, the "Website"). The terms and conditions contained in the Agreement Company reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Website.
Age Gated Material
BY ACCESSING THE AGE GATED MATERIAL ON THIS WEBSITE, YOU:
(A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;
(B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
(C) YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS AGE GATED MATERIAL.
General Use
Any user of this website is subject to the terms of this Agreement below. Company grants you a limited, non-exclusive, revocable, non-transferable license to use the website for your personal, non-commercial use on the device owned or otherwise controlled by you ("Device") strictly in accordance with the Website's documentation. If you do not agree to these terms, do not use this website. By using this website, you agree to these terms.
Restrictions
You MAY NOT: (a) remove, disable, circumvent or otherwise create or implement any workaround to any security features, copy protection, rights management in or protecting the Website;
(b) reverse engineer, disassemble, integrate, modify, remove, decompile, decode, create derivates works or updates of, adapt, or otherwise attempt to derive the Website or any part thereof;
(c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or any features or functionality of the Website, to any third party for any reason; or
(a) copy the Website, except as expressly permitted by this Agreement.
Privacy
Data collected from User is subject to the Website's privacy policy at https://lovespell.me/privacypolicy.html.
Disclaimer Of Warranties
The Website is supplied "AS IS". Company disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Website.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will company or its affiliates, or any of its or their respective licensors or service providers, be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the website, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnification
You agree to indemnify, defend and hold harmless Lovespell from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your misuse or use of the Website or your breach of this Agreement.
Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Entire Agreement
This Agreement constitutes the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledge that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of Company.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
