As you explore Ability 2 Love , please take a moment to familiarise yourself with our Terms and Conditions of Use (these "Terms"). In order to use the Ability 2 Love website or application ("Ability 2 Love " or the "App"), you must first agree to the terms and conditions set out in this contract between you and the Ability 2 Love Group (as defined below). If you want to be legally bound by these Terms (so it's probably preferable to read them first! ), don't use the App until you've read them carefully.
Please be aware that if you purchase a subscription to the Services for a set period of time (the "Initial Term"), your subscription will be automatically renewed for successive Initial Term-length periods at the then-current Ability 2 Love subscription rate, unless you cancel your subscription in accordance with Section 5 below.
You and Ability 2 Love Group should also be aware of the dispute resolution mechanisms set forth in Section 13 of these Terms. In particular, it includes an arbitration clause that, excluding certain exclusions, will necessitate the submission of any and all disputes between us to final and binding arbitration. You have the opportunity to opt out of the arbitration agreement pursuant to Section 13 below if you are a current user or if you signed up for Ability 2 Love prior to January 18, 2021. If you join Ability 2 Love after January 18, 2021, or if you haven't opted out of the arbitration agreement in accordance with Section 13, then (1) you can only bring claims and seek relief against us on an individual basis, and (2) you're giving up your right to file a lawsuit in court and have a jury decide your case.
Also, users in California should know that they have until midnight on the third business day from the date they subscribed to cancel their membership and receive a full refund. Ability 2 Love cannot issue a reimbursement for an Apple ID subscription; instead, you can contact Apple. Go to https://getsupport.apple.com if you want a refund. Get in touch with us at any time if you have any questions about your Google Play Store or Ability 2 Love subscription.
One must sign up for an account ("Account") before using the App. To sign up for an Account, you must:
have reached either the age of majority in your place of residence or the age of 18 whichever is greater; and
possess the necessary permissions to use the App under the laws of the country in which you are located.
You can sign up for an Account either manually or through your existing Facebook profile. You give us permission to access, display, and use some information from your Facebook account if you create an Account using your Facebook login details (e.g. profile pictures, relationship status, location and information about Facebook friends). Check out our Privacy Policy for more details on the data we collect and how we use it.
We regret that you are not permitted to use the Account of another user or to give anyone access to your Account without their express authorization.
You will have a wonderful experience on Ability 2 Love, but if you ever decide you want to leave, your Account may be deleted at any moment from the 'Settings' tab once you have logged in. Even though your account will be cancelled instantly, it may take some time for all of Your Content (as defined below) to be removed from the App. You can rest certain that your personal details will be handled in accordance with our Privacy Policy. We will reinstate your Account if you delete it and then try to create a new one within that time frame while using the same credentials.
Accounts and messages may be reviewed for possible violations of these Terms by both automated systems and human moderators. At any time and for any reason, we may, without incurring any liability or obligation to provide you with advance notice, terminate or suspend any Account, restrict access to the App, or use any operational, technological, legal or other means available to enforce the Terms (including, without limitation, blocking specific IP addresses). Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or conduct with other users of the App (including your "offline" conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, and (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper. You understand that if we terminate or suspend your Account, you will not be entitled to a refund for any unused portion of a paid service or feature.
You are not permitted to access, modify, or utilise any secure components of the App or our infrastructure. If you haven't created an Account, you might not have access to all features of the App.
The App provides access to three distinct categories of material:
("Your Content"), content that you submit and contribute;
member-generated content (the "Member Content"), and
content that the Ability 2 Love Group makes available, such as databases and/or programmes ("Our Content").
On Ability 2 Love , we have some restrictions on material.
Although we want users to share a wide variety of content on Ability 2 Love , we do have to place limits on the following types of posts:
contains language or imagery that may be considered offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (including, but not limited to, language that may be considered discriminatory towards a person's race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
is sexually explicit, violent, or otherwise offensive to human decency (including, but not limited to, language that may be interpreted as discriminatory on the basis of race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
abusive, insulting, threatening, discriminatory, or encouraging racism, sexism, hatred, or bigotry (including, but not limited to, language that could be deemed discriminatory towards a person's race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
promotes any unlawful behaviour, including but not limited to terrorism, inciting racial hatred, or the submission of which is a criminal offence;
harmful to one's reputation;
deals with business matters (such as, but not limited to, buying and selling, contests and advertising, referrals to other websites, or premium line telephone numbers);
spamming people with unsolicited messages;
contains any spyware, adware, viruses, corrupt files, worm programmes, or other malicious code designed to interrupt, damage, limit, or disrupt the functionality of any software, hardware, telecommunications, networks, servers, or other equipment; contains any Trojan horse; or contains any material designed to damage, interfere with, wrongfully intercept, or expropriate any data or personal information, whether from Ability 2 Love or otherwise;
itself, or the act of posting which, violates the rights of any third party (including, without limitation, intellectual property rights and privacy rights);
displays anything to another person that was produced or disseminated without their permission;
to young people; or
falsely claims to be someone else, including by using a fictitious name.
The Ability 2 Love Company has a strict no-tolerance policy regarding such material.
All of Your Material
You acknowledge that Your Content must adhere to our Guidelines, as modified from time to time, located at https://Ability 2 Love .com/en/guidelines. Given the one-of-a-kind nature of Your Content, you agree to assume full responsibility for It, and to defend, release, and hold us harmless from any claims arising out of or related to Your Content. I know that was a mouthful, but remember: what you post defines you.
Personal information such as names, home addresses or postcodes, phone numbers, email addresses, URLs, credit/debit card or other financial details may not be displayed on user profiles. Sharing any of your private information with other people, whether through email or otherwise, is done so at your own discretion and risk. You should exercise the same caution in sharing personal information online as you would in any other setting.
If you decide to submit something to Ability 2 Love , keep in mind that it will immediately be available to other users of the App anywhere in the globe because Ability 2 Love is a public community. You understand that anyone who visits, participates in, or is sent a link to the App (including, without limitation, anyone who receive a link to a user's profile or shared content from other Ability 2 Love Users) may have access to Your Content. Whenever you post content to Ability 2 Love , you're automatically giving Ability 2 Love a non-exclusive, royalty-free, perpetual, worldwide licence to use that content in any way, without compensating you or anyone else for doing so (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
Without additional consent from you, we may assign and/or sub-license the foregoing licence to our affiliates and successors.
If you want us to keep a copy of Your Content, you have to pay us to do it.
You give us permission to take whatever action we deem necessary on your behalf with respect to any infringement and/or unauthorised uses of Your Content by other members or third parties outside of Ability 2 Love . If other parties utilise Your Content outside of Ability 2 Love , we have the right (but not the duty) to submit takedown requests (including, without limitation, pursuant to 17 U.S.C. 512(c)(3) (i.e., DMCA Takedown Notices)).
Articles Created by Members
Besides your own content, other Ability 2 Love users will be sharing their own via the app. We save Member Content on our servers and make it available through the App at the behest of the individual submitting the Member Content.
You may only use the personal information of other Ability 2 Love users if your use of such information is consistent with Ability 2 Love 's aim of bringing people together, and you have no rights with respect to other users' Member Content. You are not permitted to spam, harass, stalk, or make unlawful threats using another user's personal information. If you abuse other people's personal data, we may close your Account.
The terms and conditions of Section 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998 apply to all Member Content. Please go to the section on the Digital Millennium Copyright Act below if you wish to file a complaint on Member Content.
Our Articles
Perhaps you're curious as to the fate of the remaining Ability 2 Love Content. It's ours, after all! Copyright, trademark, data, database rights, and other intellectual property law rights cover all other language, content, graphics, user interfaces, trademarks, logos, music, artwork, and other intellectual property appearing on Ability 2 Love , as well as the Ability 2 Love software and database(s). At all times, ownership of and all rights to Our Content will remain solely with us.
Under the following terms and conditions, we grant you a limited, personal, non-exclusive, revocable licence to use Our Content without the right to sublicense:
Except as expressly allowed by the App's functionality, you may not use, sell, modify, or distribute Our Content.
We forbid the usage of our name as metatag, keyword, or hidden text;
Our Content may not be scraped, disabled, decompiled, analysed, or used for commercial purposes in any way, nor may you make any derivative works based on it.
You Agree That Your Use of Our Content Will Be Limited to Lawful Purposes.
All other rights are reserved by us.
There Is No Need to Pre-Screen Materials
In light of the fact that Ability 2 Love is a social networking site, we don't guarantee the accuracy, appropriateness, or legality of any of the Member Content or Your Content and we make no promises to do so. We reserve the right to review, pre-screen, deny, and/or remove any Member Content and Your Content, including content transmitted in private communications between users, if we feel it is necessary to do so.
You accept:
follow all regulatory standards, privacy regulations, intellectual property laws, anti-spam laws, equal opportunity legislation, and so on;
don't lie about your age or name while signing up for Ability 2 Love or posting your profile; and
Make responsible business use of the services.
In this regard, you pledge not to:
conduct oneself in a way that is dishonest, abusive, or discriminatory, or that is otherwise illegal or unprofessional;
make up false information about yourself, such as your age, employment history, education level, or associations;
share information without the proper authorization;
harassment of other App users;
produce or participate in a pyramid scheme, scam, or similar scheme, or;
scrape or otherwise exfiltrate from Ability 2 Love or its services, or copy profiles and other data from the services; create, promote, or use software, devices, scripts, robots, other types of mobile code, or any other means or processes (including crawlers, browser plugins and add-on or other technologies).
Users that act inappropriately will be banned from the Ability 2 Love community. Please email us if you would like to report any inappropriate behaviour or a problem with any Member Content. From a user's profile or conversation window, you can access the "Block & Report" option. Following an investigation into any suspected violation of these Terms, any Ability 2 Love user's rights, or any third party rights, we reserve the right to immediately terminate any user's right to use of the App without prior notice, as further set out in Section 1 above, and/or remove any improper, infringing, or otherwise unauthorised Member Content submitted to the App.
You are solely responsible for your interactions with other App users, since we have no control over the content posted or transmitted by our users.
ABILITY 2 LOVE GROUP DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS, DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS, AND DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS, AND ABILITY 2 LOVE GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THE
You hereby waive and release any and all claims, demands, losses, damages, rights, and actions of any kind, including bodily injury, death, and property damage, that may come directly or indirectly from your interactions with or the conduct of other users of the App. If you are a California resident, you understand that the above release does not apply to any claims, demands, or losses, d that you do not know or suspect to exist in your favour at the time of executing the release and that, if known by you, would have materially affected your settlement with the debtor or released party.
It is strictly forbidden to copy or scrape any portion of the App without our express permission. Without a special agreement with us, you may not access the Service in any way (automated or otherwise) other than through the currently available, publicised interfaces.
View our Privacy Policy for details on how the Ability 2 Love Group handles your personal information. By using Ability 2 Love , you agree that we can use this information in the ways described in our Privacy Statement.
Generally.
Products and services from Ability 2 Love may be available for purchase within the Ability 2 Love app ("In-App Purchase"). You understand that by making an In-App Purchase, you may be subject to additional terms, which will be presented to you at the time of purchase and which will be included herein by reference.
You can pay for In-App Purchases ("Payment Method") with (a) a credit card, debit card, or PayPal account, which will be handled by a third-party processor, or (b) a third-party platform like the Apple App Store or Google Play Store. By completing an In-App Purchase, you give us permission to immediately charge the Payment Method you have on file with us. You undertake to pay all monies owing upon demand and in a timely manner if payment is not received by us using your selected Payment Method.
Ability 2 Love may provide some services as subscriptions that automatically renew, such as a weekly, monthly, or quarterly subscription ("Premium Services"). To avoid being charged for a new subscription period, you must cancel as described below prior to the end of the then-current subscription period. If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at ABILITY 2 LOVE 's then-current price for such subscriptions. Deleting the app or your account will not terminate your subscription. If the Premium Services to which you have subscribed experience a price increase, you will be informed and given the option to discontinue your subscription. You acknowledge and agree that if Ability 2 Love changes these fees and you do not cancel your membership, you will be charged at the then-current pricing for subscriptions.
Put an end to my subscriptions. If you have a Ability 2 Love subscription and would like to modify or cancel your payment method, you can do so in your profile's settings. Access your account with the Third Party Store (like the Apple App Store or the Google Play Store) through which you purchased the subscription and follow the instructions there to make any necessary changes or cancellations. If you cancel your subscription, you will have access to the Premium Services and In-App Purchases through the end of the paid-for subscription period, but I you will not receive a prorated refund (except as set forth in the section entitled "Refunds" below), (ii) your subscription will not be renewed at the end of the paid-for subscription period, and (iii) you will no longer have access to the Premium Services or In-App Purchases.
Offers of free samples. You agree that if you sign up for a free trial and don't cancel during the trial period, your trial may automatically convert into a paid membership and your Payment Method will be charged the then-current fee for such subscription. Once your trial has ended and you have become a paying subscriber, your subscription will continue to renew at the end of each period and your Payment Method will be charged. You must cancel your subscription before the end of your current subscription month or free trial period in order to prevent being charged for the next subscription period. Your free trial will continue even if you delete your account or uninstall the app. If you have already signed up for a free trial of Ability 2 Love through the Apple Store or Google Play Store, you will be immediately enrolled in a membership and paid as detailed in the following paragraph.
Refunds. There are no exceptions to this rule and no refunds or credits will be given for unused portions of any purchased period.
The following terms apply to subscribers in the states of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Before the end of the third business day from the day you subscribed, you may terminate your subscription without cost or penalty. If you pass away before the end of your membership period, your heirs will get a prorated refund of the subscription fee equal to the time remaining in the subscription. If you become disabled (to the extent that you cannot use Ability 2 Love ) prior to the end of your subscription period, you will be entitled to a refund of the portion of any payment you had made for your subscription that is allocable to the period after your disability, provided that you give the company notice in the same manner as you request a refund, as described below.
Put in a request for a refund here:
The cancellation process is separate from the refund request process. Ability 2 Love cannot issue a reimbursement for an Apple ID subscription; instead, you can contact Apple. In iTunes, click on your Apple ID, then click "Purchase History." Once you've located the relevant transaction, click on "Report Problem." In addition, you can use Apple's online form at https://getsupport.apple.com to send in your request.
To get help with any other orders, call or email the service centre with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). A written notification, signed and dated, stating that the Buyer is cancelling this Agreement, or similar language, may also be sent via mail or delivered personally. In addition to your order number, you must also provide either your email address or cell phone number linked with your account. Send your cancellation request to Ability 2 Love at P.O. Box 300940, Austin TX 78703, Attention: Cancellations (in addition, California and Ohio members may send a facsimile to 512-696-1545).
Taxes.
Any applicable Sales Tax in connection with the Premium Services offered under these Terms is in addition to, and not included in, the payments required under this Section 5. In addition to the payments required under this Section 5, Ability 2 Love may collect Sales Tax from you if it believes it is compelled to do so by law in connection with these Terms. You agree to pay any Sales Tax and any related penalties or interest to the applicable tax authority if any Premium Services or payments for any Premium Services under these Terms are subject to any Sales Tax in any jurisdiction and you have not paid the applicable Sales Tax to Ability 2 Love . Where a sales or use tax is not imposed by the applicable taxing authority, "Sales Tax" shall mean any other tax measured by sales proceeds that is the functional equivalent of a sales or use tax.
You may have the opportunity to acquire a limited, personal, non-transferable, non-sublicensable, revocable licence to use certain limited-use elements of Ability 2 Love , referred to herein as "Virtual Items," and such licences may only be purchased directly from Ability 2 Love or Ability 2 Love 's partners. Except as may be required by applicable law, no title or ownership in or to any Virtual Items is being transferred or assigned to you, and your use of any Virtual Items shall be confined to the limited licence granted by this Agreement. There is no sale of Virtual Item rights being consummated by this Agreement or the purchase of Virtual Items.
Your account's Virtual Item balance does not represent a real-world balance or a value that has been stored; rather, it indicates the scope of your permission to use Virtual Items. Non-use fines are not applied to Virtual Items. The sooner your account is closed or terminated, the sooner your licence to use Virtual Items will expire. Virtual Items may also be included with or offered as a bonus for paid Ability 2 Love service memberships. There is no guarantee that Virtual Items will "roll over" or accumulate from one subscription period to the next, and your ability to use them may expire at the end of each subscription period. If you cancel your subscription, you may no longer be able to use any Virtual Items that were previously unlocked for you.
Ability 2 Love may, in its sole discretion, decide to distribute Virtual Items for free or charge a price for the privilege of accessing or using them. At any time, Ability 2 Love may manage, regulate, control, modify, or eliminate Virtual Items, including taking measures that may affect the perceived value or purchase price, if applicable, of any Virtual Item, and Ability 2 Love shall have no duty to you for doing so. You are not allowed to exchange or give away your Virtual Items to anybody else. All purchases of Virtual Items must be made through our Platform.
You acknowledge that ABILITY 2 LOVE is not obligated to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an Account is closed, whether such closure is voluntary or involuntary. This includes purchases and redemptions of Virtual Items made through our Services.
You agree that we can contact you via email, text message, push notification, alert, and other means to inform you about updates, offers, goods, events, and promotions for the App and/or the Ability 2 Love services. When you first launch the App, you'll be given the option to allow push notifications. If you choose to ignore, you will not get any alerts or notifications sent to your device. The warnings and notifications will be delivered to you automatically if you allow them. Changing your mobile device's notification settings will stop the App from sending you push notifications/alerts. When it comes to other forms of contact, such as emails, texts, and so on, you can unsubscribe or opt out by either following the instructions provided in the message itself or by sending an email to feedback@team.Ability 2 Love .com.
Based on your current location, the App may provide you with access to additional content, products, services, and/or other resources. The App may provide you with these options because it can track your location via several means, including GPS, Bluetooth, and/or the device's internal software. You won't be able to access such location-specific content, products, services, and materials if you have your mobile device set to disable GPS, Bluetooth, or other location determining software, or if you don't provide permission to the App to access your location data. Please review the App's Privacy Policy to learn more about how your data is used and stored.
Without limiting the foregoing, we do not guarantee the compatibility of any matches, and the app, site, our content, and member content are all provided to you "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, title, or non-infringement.
In the event that the foregoing exclusion of express or implied warranties is prohibited by applicable law, we provide the minimum express or implied warranty permitted by such law. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
You are solely responsible for your interactions with other members; the Ability 2 Love Group is not liable for any damage or harm resulting from anyone else's use of the App or Site. We make no representations or warranties that the App or Site will be uninterrupted, secure, or error-free or that your use of the App or Site will meet your expectations.
Neither we nor any owner will be responsible for any damages, direct or indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property, and claims of third parties arising out of your access to or use of the App, Site, Our Content, or any Member Content, regardless of the cause and whether based on breach of contract, tort (including negligence), or otherwise.
This section shall apply even if we have been advised of the possibility of such damages, and your sole and exclusive remedy for any dissatisfaction with the App or Site shall be to cease using the App and Site.
To the extent that any provision of this limitation on liability is held to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).
This limitation of liability is an essential element of the bargain between the parties and reflects a reasonable allocation of risk. You acknowledge and agree that the limitations and exclusions of liability, disclaimers, and exclusive remedies specified herein will survive even if found to have failed in their essential purpose and that the provision of the App and Site would not be possible without such limitations.
The decisions you make and the content you share on Ability 2 Love are entirely on your shoulders. Your agreement to indemnify, defend, release, and hold us and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents harmless applies to any claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising out of or in connection with:
actions, inactions, or intentional wrongdoing on your part;
your use of, and access to, the App
anything that you have provided to the App by way of uploading or submitting;
any violation by you of these Terms; and/or
Your breaking of any law or anybody else's rights.
Any claims or causes of action launched against us are not subject to settlement, compromise, or payment unless approved by us in advance. Should we request it, you agree to assist us in defending any such claim to the fullest extent possible and in a reasonable manner.
You are not required to hold Ability 2 Love Group harmless for any fraudulent, deceptive, false promise, misrepresentation, or concealment, suppression, or omission of any significant truth in connection with the App, notwithstanding the preceding condition.
Send a notice alleging infringement ("DMCA Takedown Notice") to the Ability 2 Love Group's Copyright Agent if you believe any content on Ability 2 Love infringes the copyright in a work that you own. The following items must be included in the Takedown Notice:
Signature, either electronic or physical, of an individual with the authority to act on behalf of the owner of the exclusive right that was allegedly infringed upon;
a description of the allegedly infringing work or, if many works on the same website are being reported, a sample of the works included in the notification;
the location of the content that is subject to the takedown or access restriction, as well as information reasonably sufficient to allow the service provider to find the content; an explanation of why the content is infringing or the subject of infringing behaviour;
Particulars that will make it possible for the service provider to get in touch with you, like a physical mailing address, phone number, and email if you have one;
A declaration that you believe, with reasonable certainty, that the copyright owner or its agent would not permit the content to be used in the manner in which you have filed the complaint; and
A statement that you are authorised to act on behalf of the owner of the exclusive right that was allegedly infringed upon and that the information in the notification is accurate, under penalty of perjury.
The Ability 2 Love Group's Copyright Agent can receive takedown requests at copyright@team.Ability 2 Love .com. Ability 2 Love , Attn: Ability 2 Love Group's Copyright Agent, P.O. Box 300940, Austin, Texas 78703; or phone: +1 - 512-696-1409.
If you obtain the App through a Third Party Store, you are subject to the following extra terms and conditions. If any of the other provisions of these Terms are less stringent than or conflict with the provisions of this Section, then the provisions of this Section shall govern, but only with respect to the App and the Third Party Store. As part of your understanding and agreement, you recognise and accept that:
You are entering into this Agreement with the Ability 2 Love Group only, and not with the providers of the Third Party Store, and the Ability 2 Love Group (and not the Third Party Store providers) is solely responsible for the App and the content thereof. If the terms of service of the Third Party Store from where you get the App are more stringent or conflict with the usage standards set forth in these Terms, the Third Party Store's terms of service will govern and apply.
The vendor of the Third Party Store is under no obligation to offer any form of support or maintenance for the App. To the extent not properly disclaimed, any express or implicit warranties under law that apply to the products in question are the sole responsibility of the Ability 2 Love Group. Any and all claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, or resulting from any use or inability to use the App in accordance with the foregoing, will be the sole responsibility of the Ability 2 Love Group and not the Third Party Store provider.
Claims that you or any third party may have relating to the App or your possession and/or use of the App are the responsibility of the Ability 2 Love Group and not the Third Party Store provider. These claims include, but are not limited to: I product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
Upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof and the Third Party Store provider and its subsidiaries will be third party beneficiaries of these Terms.
If there is a discrepancy between the terms and conditions of a Third Party Store or mobile carrier and these Terms, the Third Party Store's or mobile carrier's terms and conditions will control. Neither we nor our mobile network provider can be held liable for any purchases made at Third Party Stores or through Third Party Services. Before completing a purchase with any of these third parties online, we strongly advise you to conduct whatever research you deem necessary or suitable.
This Section contains an arbitration agreement ("Arbitration Agreement"). This Agreement, unless terminated as provided in Section 7 below, requires you to submit any disputes with Ability 2 Love Group to binding arbitration and restricts the means by which you may seek redress from us.
The arbitration can take place over the phone or based on written submissions, or it can take place in person in your nation or another mutually agreed upon location.
You agree to be bound by the Snap Inc. Terms of Service when using the Snap Lenses feature available in our App or any other Snap AR capabilities comparable to Snap Lenses. A right to participate in a class action lawsuit or class-wide arbitration is not included in the Terms of Service's mandatory arbitration provision. Unless you accept and agree to be bound by the Snap Inc. If you do not agree to Snap's Terms of Service, you may not utilise Snap's augmented reality camera functions within our app.
The effective date of these Terms is the date you accept them (as specified in the preamble), and they will remain in effect until terminated as provided above.
You may terminate these Terms at any time by (a) providing notice to Ability 2 Love Group and (b) terminating your Account. In order to reach Ability 2 Love Group, please send your correspondence to the address listed below. If you terminate these Terms, your subscription will remain active until the end of the subscription period for which fees have been paid, and you will not be entitled to a refund except as provided in Section 5.
If you violate these Terms or if Ability 2 Love Group is obliged to do so by applicable law, Ability 2 Love Group may cancel or suspend these Terms, including your Account. All terminations for cause shall be made at Ability 2 Love Group's sole discretion, and you agree that Ability 2 Love Group will not be held accountable to you or any other person for any termination of your Account.
If Ability 2 Love Group, in its sole discretion, determines that you have breached any part of these Terms or have otherwise demonstrated conduct inappropriate for the App, Ability 2 Love Group may, among other things: (a) send you an email (to any email addresses you have provided to Ability 2 Love Group) warning you that you have violated the Terms; (b) delete your User Content; (c) terminate your Account; (d) terminate your subscription(s); and (e) notify and/or send you your User Content.
If these Terms or your Account are terminated, you will no longer have access to your Account or any of the information or material contained within your Account.
The Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability, among others, are all intended to survive termination of these Terms and so will.
Before you begin using Ability 2 Love, there are a few more things you should know.
This Agreement, as amended from time to time, contains the full understanding between you and the Ability 2 Love Group. Besides the Privacy Policy, the Terms completely replace any and all prior agreements, representations, and arrangements between us. Liability for fraudulent misrepresentation is not limited or excluded in any way by this provision.
Ability 2 Love is provided on a "as is," "as available" basis, despite the fact that the Ability 2 Love Group has made reasonable efforts to ensure that the information provided is current, available, correct, and comprehensive. The Ability 2 Love Group makes no representations or warranties, either stated or implied, concerning the accuracy or reliability of the content available through Ability 2 Love. The use of Ability 2 Love and any content found within is done so at the user's own risk. Any damage that occurs because of data transmission, improper use, or erroneous Member Content is not the responsibility of The Ability 2 Love Group.
When downloading files from Ability 2 Love, you should always check for viruses and other potentially destructive software. You understand that The Ability 2 Love Group and the server that makes it available are not guaranteed to be free of viruses, bugs, spyware, Trojan horses, or other similar harmful software and that the service may not operate without interruption or error. In the event of a security breach or any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, The Ability 2 Love Group will not be held liable for any resulting damage to your computer hardware, computer software, or other equipment or technology.
Electronic mail, App notifications, and App-based notices are all possible forms of communication between you and Ability 2 Love Group. You (a) agree to Ability 2 Love Group's use of electronic communications to carry out the terms of the Agreement and (b) agree that any terms and conditions, agreements, notices, disclosures, or other communications that Ability 2 Love Group provides to you electronically satisfy any legal requirement that such communications be in writing. Your rights under applicable law, such as the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., are unaffected by the foregoing. seq.
Despite our confidence in the quality of our Terms, we reserve the right to make modifications as needed.
These Terms may need to be updated as Ability 2 Love develops, thus we reserve the right to alter, amend, or change the Terms at any time (a "Change"). If we do this, we will let you know by updating the "Effective Date" at the bottom of the Terms document to reflect when the changes went into effect. A Change notification email may be sent to you under specific conditions. We may potentially ask for your approval of future Changes, but if this is the case, we will let you know in advance. In an effort to keep our users as informed as possible, we will post any relevant updates here.
If you keep using Ability 2 Love after a Change has been made, you accept the Change and agree to be governed by the revised Terms. Stop using Ability 2 Love immediately (oh boy, that's going to be hard!) if you do not agree to any changes to the Terms.
The following are supplementary materials:
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, then to the extent of such provision, it shall be severed and deleted from these Terms, and the remaining provisions shall survive, remain in full force and effect, and continue to be binding and enforceable.
In addition, neither the failure of either party to exercise, nor any delay in exercising, any right, power, or privilege under the Terms will constitute a waiver of such right or an acceptance of any variation of the Terms, nor will any single or partial exercise of any right, power, or privilege by either party preclude any other or further exercise of that right or the exercise of any other right, power, or privilege.
You guarantee and demonstrate to us that
You are not now physically present in a country where a U.S. that is under a U.S. embargo or has been so designated by the government. as a state that "supports terrorism," according to the U.S.
There is not a single U.S. Federal registry of suspect or banned individuals.
You understand and agree that Ability 2 Love is a worldwide service that uses servers in the United States and other countries around the world. The storing of your personal information may not afford you the same safeguards as you would have in your own country if you were located in a nation with data protection legislation. By providing your personal information, upgrading the services you use, or using the Ability 2 Love applications, you consent to the transfer, storage, and processing of your personal information in the aforementioned countries and destinations.
There's a chance that the app will link you out to some external content. You agree that we shall not be held accountable or liable for any of the following in such an event:
in any way guarantee the accessibility, completeness, or correctness of such resources; or
items, services, or content provided by, or advertised on, such sites or resources.
Any inclusion of a link to such a website or resource does not constitute an endorsement of the content or viewpoints presented therein. You recognise that you are solely responsible for and incur all risk associated with your use of any such websites or resources. Without our express written permission, you may not frame or inline link to the App or associate it in any other way.
None of your rights or licences under these Terms or otherwise may be transferred or assigned by you, but we may freely assign ours.
If there is any inconsistency between the English version of the Terms and a translated version, the English version will control.
You can reach us at feedback@team.ability2love.com if you have any issues, concerns, or claims relating to the App.
Except as provided in Section 13(3), the laws of the State of Texas will apply to all matters relating to your use of the App, Our Content, and any Member Content, as well as any claims you may have arising out of or connected to your relationship with the Ability 2 Love Group or these Terms. Any dispute or claim between you and the Ability 2 Love Group that cannot be resolved through arbitration, including any claim or case challenging the enforceability or applicability of the arbitration provisions herein, must be brought exclusively in the federal or state courts located in Travis County, Texas. You waive any objection based on an inconvenient forum to the personal jurisdiction and venue of such courts. You pledge not to bring or join a class action lawsuit against us.
You, as a user ("you"), and the Ability 2 Love Group, Inc., a Delaware corporation ("we" or "us"), are legally bound by the Terms. In addition to Ability 2 Love Inc. (a Delaware corporation), Ability 2 Love Inc. (a Delaware limited liability company), Ability 2 Love Trading LLC (a Delaware limited liability company), and Social Online Payments Limited (a company incorporated in Ireland), there are two other entities in the Ability 2 Love Group: Social Online Payments L.L.C. (a Delaware limited liability company).
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