Terms & Conditions for UK Customers

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Love In Colours Membership Terms and Conditions Agreement (“Agreement”)

Last amended 10 January 2008.

The Love In Colours service (the “Service”) is provided by Love in Colours Limited (the “Company” or “we” or “us”), a company registered in England and Wales with company number 6345714 (VAT number 917 2404 39) whose registered office is 7-9 The Avenue, Eastbourne, East Sussex BN21 3YA United Kingdom.

This is a legal Agreement between you and the Company, please read the Agreement carefully before registering for the Service. By completing your registration and clicking on the “I Accept” button below, you will become a registered user of the Service (a “Member”) and you agree to be bound by the terms and conditions of the Agreement (the “Terms”) for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the Service.

Eligibility.
1. You must be 18 years of age or over to become a Member of the Service or use the Love In Colours website (the “Website”). By registering for the Service and using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms.
2. If we discover or have any reason to suspect that you are not 18 years of age or over, we reserve the right to suspend or terminate your membership to the Service immediately and without notice.
Registration.
1. Only Members can use the Service and view the profiles of other Members on the Website. To become a Member, you must complete the online registration procedure and pay a monthly subscription to the Service. Please see our billing details for a description of the current Service rates. The Service rate list forms part of this Agreement.
2. The Company reserves the right to change the subscription fees for the Service at any time upon reasonable notice to you via our Website or by email. In the event that you are unhappy with any subscription fee changes you may terminate the contract in the manner described in clause 3.
Term and Termination.
1. This Agreement will remain in full force and effect for as long as you are a Member of the Service and is subject to a minimum contractual period of three months.
2. Under the Consumer Protection (Distance Selling) Regulations 2000 (the ‘Regulations’), you have a seven day cooling off period commencing the day after registering as a Member in which you may cancel your subscription to the Service. In the event that you exercise your right under the Regulations to cancel your subscription, the Company will refund you your full initial subscription charge within 30 days of the cancellation. In order to take advantage of your right under the Regulations, you must have postponed commencement of the Service by not using the Website. If you use the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the Regulations.
3. Subject to paragraph 3.3 below, you may terminate your membership at any time, for any reason, by sending the Company notice in writing to the address or email address below. Your membership and use of the Service will cease on the last day of the month in which your termination notice was received. After this date your profile will be removed from the Website and your account (including your username and password) will no longer exist.
4. Any subscription paid by you is subject to the minimum contractual period of three months. Where you choose to terminate your membership subscription before the expiry of the initial three months of the contract, you will not receive any refund in respect of this minimum contractual period.
5. The Company may immediately terminate your membership and your access to the Service at any time should you breach the Agreement and will send you notice of termination in writing at the most recent email address you have provided to us. If we terminate your membership of the Service because you have breached the Agreement, we will not refund any monies to you except for pre-payments you have made for future monthly subscriptions less reasonable costs and losses we have incurred. You will not be refunded the subscription charge for the month in which your membership is terminated.
6. The Company may also terminate this Agreement when you have not been in breach, by giving you not less than one month’s advance notice in writing.
Recurring Billing.
1. Except as provided in Clause 4.2 above, any subscription paid by you is subject to the minimum contractual period of THREE MONTHS. Where you choose to cancel your membership subscription before the expiry of the initial three months of the contract, you will not receive any refund in respect of this minimum contractual period.
2. Subscription to the Service involves a one-off charge for an initial period of three months followed by recurring monthly charges until the Service is cancelled in accordance with Clause 3. By entering into this Agreement, you understand that there is an initial and recurring payment feature of the Service subscription and accept responsibility for payment of all recurring charges prior to cancellation of the Service. You authorise the Company to collect such recurring monthly charges from you until you provide prior notice in writing that you have terminated this authorisation in accordance with Clause 3. Such notice will not affect charges submitted before the Company could reasonably act.
Billing Information.
1. You must:
  1. provide true, current, complete and accurate information for your billing account;
  2. update all information without delay to keep your billing account true, current, complete and accurate (eg. change in address); and
  3. notify the Company without delay if your payment method is cancelled or if you become aware of a potential breach of security (eg. the unauthorised disclosure or use of your username or password).
2. If you fail to provide the Company with any of the above information, you agree that we may continue charging you for use of the Service under your billing account unless you have terminated your subscription for the Service in accordance with clause 3.
Scope of Service.
1. The Service facilitates contact with other Members. The Company does not guarantee your compatibility with other Members and is under no obligation to successfully match any other Members with you.
Exclusive Personal Use.
1. Your membership account is for your sole use. You may not authorise others to use your account, and you may not assign or otherwise transfer your account, subscription, or any other rights or obligations you have under this Agreement to any other person or entity.
2. The Website and the Service is for personal use only and may not be used for any commercial activities. Businesses, including companies, partnerships and other organisations, may not become members and should not use the Service or the Website for any purpose.
3. Illegal and/or unauthorised use of the Service or Website will be investigated and appropriate legal action will be taken.
Account Security.
1. You are solely responsible for maintaining the confidentiality of your username and password for the Service, and you are fully responsible for all activities that occur under your username and password, even where your username and password are used by someone else.
2. You agree to:
  1. notify the Company without delay of any unauthorised disclosure or use of your username or password or any other breach of security of which you become aware, and
  2. ensure that you log off from your account at the end of each session. Particular caution should be exercised when accessing your account from a public or shared computer.
3. The Company will not be liable for any loss or damage arising from your failure to comply with this clause.
Member Privacy.
1. Your profile will only be visible in the categories you select.
Content Posted on the Website.
1. As a Member you agree that:
  1. You are solely responsible for the content or information you disclose via the Website and Service or transmit to other Members.
  2. All information you supply to the Company and disclose via the Website and Service will be true and accurate, not be in breach of this Agreement and not be harmful to any person in any way.
  3. The Company merely provides the channel for Members to post or transmit their personal information. We do not adopt or endorse any opinion, advice or statement made by any party other than the Company. The Company reserves the right to review and delete any content accessible via the Website and Service that contravenes this Agreement.
  4. Whilst the Company reserves the right to delete or remove content, the Company does not guarantee that all material in contravention of this Agreement will be removed or deleted. Failure by the Company to remove or delete such content does not waive our right to remove or delete such content in subsequent or similar cases.
  5. Any material disclosed via the Service and Website, other than personally identifiable information which will be used in accordance with our Privacy Policy, will be considered non-confidential and non-proprietary and we will be free to use such material for any and all commercial or non-commercial purposes.
  6. You will have no more than one Member account at any time, under which you may create a maximum of one profile in each of the three categories of the website. You have the right to update and edit the content of your profile as many times as you want.
  7. You will use the Service and Website in a manner consistent with any and all applicable laws, regulations and codes of conduct.
  8. You will promptly report to the Company any violation of the Terms by other Members.
Photographs.
1. Each time you upload photographic content to the Website, you warrant and represent that:
  1. the content is a true likeness of yourself;
  2. you have the right to distribute the content; and
  3. the content does not in any way contravene this Agreement.
Content Storage.
1. The Company assumes no responsibility for the deletion of or failure to store your content, including text and photographs.
Prohibited and Illegal Content.
1. The following list provides examples of content that is illegal or prohibited on the Website. It is not a definitive list. The Company reserves the right to add to or amend this list at any time and to investigate and take appropriate legal and other action against anyone who contravenes this clause. Prohibited and illegal content includes content that:
  1. [contains any personal contact information, including but not limited to email addresses, telephone numbers, instant messaging contact details, website URLs. Personal contact information will be removed from profiles;]
  2. is or promotes conduct that is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable;
  3. comprises a photograph of a third party displayed without their permission;
  4. involves the transmission of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation;
  5. is or promotes information that you know to be false or misleading;
  6. is a copy of another person’s copyrighted work, including but not limited to photographs, text, providing pirated computer programs or links to them, or providing pirated music files or links to them;
  7. exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  8. solicits passwords or personal information for commercial or unlawful purposes from other Members; and
  9. engages in any commercial activity.
Prohibited Activities.
1. The following list provides examples of activities that you may not engage in whilst using the Service, or otherwise in connection with the Service, or both. It is not a definitive list. The Company reserves the right to add to or amend this list at any time and to investigate and take appropriate legal and other action against anyone who contravenes this clause:

You will not impersonate any person or entity, or falsely or otherwise misrepresent your affiliation with a person or entity
You will not disguise the origin of any content transmitted through the Service;
You will not stalk, annoy, inconvenience, harass or otherwise cause needless anxiety to any person;
You will not express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
You will not access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Website security measures;
You will not collect or store personal data about other Members;
You will not upload, post or email any content that you do have a right to transmit under law or under contractual or fiduciary relationships;
You will not upload, post or email any content that infringes any intellectual property rights of any party;
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service;
You will not interfere with or cause disruption to the Service or the Website or the servers or the networks connected to the Service or the Website;
You will not upload, post or email any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
You will not transmit or post any material which constitutes or promotes conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; and

Harrassment and Disputes.
1. You agree to not harass any Member and to cease contacting any Member immediately upon their request.
2. You may block any Member by selecting the option on their profile. Blocked Members will not be able to contact you via the Service or Website.
3. You are solely responsible for ensuring that your interaction with other Members is lawful and appropriate.
4. The Company cannot control the conduct of Members online or offline. We will not be liable for what occurs between Members should they decide to meet in person, and you agree that any such meetings occur at your own risk. The Company does not verify the accuracy or truth of information published by Members and you acknowledge that any reliance upon information disclosed via the Website and Service by other Members is at your own risk. Should you encounter behaviour that may be deemed harmful to other Members you are requested to contact the Company with full details and, at the discretion of the Company, we may suspend or terminate the offending Member’s membership to the Service.
5. The Company will not become involved in any disputes between Members and does not provide any form of settlement service should a dispute arise between Members.
6. You must ensure that you save any messages that you wish to keep as the Company cannot retrieve any messages deleted by you.
Proprietary Rights.
1. The Company owns and retains all proprietary rights in the Website and the Service. You may not use any such proprietary information without our prior written consent.
2. You may not in any way use any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such rights.
Limitation of Liability.

The Company provides this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, the Company makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from the Agreement to the fullest extent permitted by law.
Neither the Company nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations in this clause 17 are intended to exclude or limit the Company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents, or for fraud.

Warranty.
1. You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any loss, claim or damage (including any legal fees in relation to the same) arising out of or resulting from your use of the Service and membership. This includes any breach or suspected breach of these membership Terms by you or your violation of any law or the rights of any third party.
Service Access.
1. Whilst the Company will use all reasonable endeavours to ensure that the Website is accessible at all times, we do not guarantee that it will be available uninterrupted or error free.
2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Customer Services.
1. If you have any enquiries, please contact our Customer Services Team at info@loveincolours.com.
2. You agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive when communicating with our Customer Service Representatives.
Security and Privacy.
1. Use of the Website and Service is also governed by our Privacy Policy. Please read our Privacy Policy for important information regarding the use of your personal data and your rights in relation to this. In using the Service, you acknowledge and agree to be bound by the terms of our privacy policy.
Dealings with Advertisers.
1. Your interaction or business dealings with advertisers found on or through the Service or Website and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
2. The Company will not be liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Service.
Force Majeure.
1. The Company shall not be liable for any failure for any suspension or termination of access to the Website or Service, or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action.
Modifications to this Agreement.
1. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our Website. We will notify you of any revisions to these Terms the next time that you log onto the Website as a Member; any use of the Service after such notice will constitute acceptance by you of such changes. If upon receiving notice of any revisions you do not wish to continue using the Service, you may terminate the contract in the manner described in clause 3.
Applicable Law.
1. The formation, existence, construction, performance, validity and all aspects of the Agreement shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
Entire Agreement.
1. This agreement shall constitute the entire agreement and understanding between the parties with respect to all matters which are referred to and shall supersede in their entirety any and all written or oral agreements previously existing between the parties in relation to the matters referred to in this agreement.
2. If any part of these Terms is held to be unreasonable invalid or unlawful at law the Court or other competent tribunal shall have the power to strike out or override that part whether it be an entire Term or Terms or parts thereof and to enforce these Terms as if the unreasonable, invalid or unlawful part or parts thereof aforesaid had not been included.

Terms & Conditions for non-UK Customers

View Terms & Conditions for UK Customers »

Love In Colours Membership Terms and Conditions Agreement (“Agreement”)

Last amended 10 January 2008.

IF YOU IDENTIFY THE UNITED STATES OF AMERICA TO BE YOUR COUNTRY OF RESIDENCE IN YOUR INITIAL REGISTRATION ON THE LOVE IN COLOURS WEBSITE (THE “WEBSITE”), THEN THIS AGREEMENT WILL APPLY TO YOU AND YOUR USE OF THE WEBSITE.

This is a legal and binding contract between you and the Company. Please read this Agreement carefully before registering for the Service. By completing your registration and clicking on the “I Accept” button below, you will become a registered user of the Service (a “Member”) and you agree to be bound by the terms and conditions of this Agreement as well as our Privacy Policy for as long as you continue to be a Member. If you do not agree to any provisions of this Agreement our Privacy Policy, please do not register for the Service.

Consent to Electronic Records.
1. This Agreement is an electronic contract that sets froth the terms and conditions of your membership and use of the Service. By clicking on the “I Accept” button below, you are deemed to have affirmatively consented to have this Agreement provided to you in electronic form. Also, by clicking on such button, you are deemed to have consented electronically in manner that reasonably demonstrates that you can access this Agreement in electronic form.
2. You have the right to receive this Agreement in paper form. You may request a paper copy of this Agreement, either before or after your registration for the Service, by sending an email to legal@loveincolours.com, or by mailing your request in a self-addressed stamped envelope to the Company’s address first written above. There is no fee or charge for receiving a paper copy of this Agreement.
3. You may at any time withdraw your consent to have this Agreement provided to you in electronic form by sending an email to legal@loveincolours.com, or by mailing your notice of withdrawal in a self-addressed stamped envelope to the Company’s address first written above. In order for us to process your withdrawal notice, please indicate your full name, username, email address, mailing address, and the date of your registration, and state that you are withdrawing your consent to have this Agreement provided to you in electronic form. At our discretion, we may contact you via email or postal mail to verify your withdrawal consent. Please keep your contact information current by following the instructions set forth in Clause 7 below.
4. Unless you express in your withdrawal notice that you wish to maintain your membership by signing a paper copy of this Agreement instead, your withdrawal notice will be treated as a notice of cancellation. Accordingly, (1) if such notice is made within three Business Days (as defined below) after the date of your registration for the Service, the provisions of paragraph 4.2 below will apply; and (2) if such notice is made more than three Business Days after the date of your registration for the Service, then the provisions of paragraph 4.3 below will apply. If your membership is cancelled as a result of you withdrawing consent and you subsequently decide to re-join the Service, we may ask you to sign a paper copy of this Agreement in lieu of accepting this Agreement electronically. As used in this Agreement, “Business Day” means any calendar day except Sunday, or any of the following business holidays in the U.S.: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.
5. In order to access this electronic Agreement, you must have access to the Internet on your computer or such other electronic device that you wish to use, and your computer or device must be equipped with an Internet browser, such as Internet Explorer, that allows you to view and download web-based content. In order to retain an electronic copy of this Agreement, your computer or device must be equipped with a word processing program, such as Microsoft Word, that allows you to save a word or text document into such program. If your computer or device is connected to a printer, you should also print a copy of this Agreement for your records. We will notify you by email of any change in the hardware or software requirements needed to access and/or retain this electronic Agreement that creates a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
6. All of the provisions of this Clause 1 shall apply equally to our Privacy Policy.
Eligibility.
1. You must be 18 years of age or over to become a Member of the Service or use the Love In Colours website (the “Website”). By registering for the Service and using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms and our Privacy Policy.
2. If we discover or have any reason to suspect that you are not 18 years of age or over or that you have knowingly provided false information to us, we reserve the right to suspend or terminate your membership to the Service immediately and without notice.
Registration.
1. Only Members can use the Service and view the profiles of other Members on the Website. To become a Member, you must complete the online registration procedure and pay a monthly subscription to the Service. Please see our billing details for a description of the current Service rates. The Service rate list forms part of this Agreement and is incorporated herein by this reference.
2. The Company reserves the right to change the subscription fees for the Service at any time upon reasonable notice to you via our Website or by email. In the event that you are unhappy with any subscription fee changes you may terminate the contract in the manner described in Clause 4 below.
Term and Termination.
1. This Agreement will remain in full force and effect for as long as you are a Member of the Service and is subject to a minimum contractual period of three months.
2. BEFORE midnight of the third Business Day following the date of your registration for the Service, you may cancel this Agreement at any time, for any reason, by sending the Company a written notice of cancellation via postal mail to the address first written above or via email to cancel@loveincolours.com. In order for us to process your cancellation notice, please indicate your full name, username, email address, mailing address, and the date of your registration, and state that you are cancelling your account, membership or registration. Provided that your notice of cancellation is timely, your membership and your access to the Service will cease on the day we receive your notice of cancellation, and the Company will refund you your full initial subscription charge within 10 days of receiving your notice of cancellation. After three Business Days, your right to cancel will be subject to and governed by Clause 4.3 below.
3. AFTER midnight of the third Business Day following the date of your registration for the Service, and subject to Clause 4.4 below, you may cancel your membership at any time, for any reason, by sending the Company a written notice of cancellation via postal mail to the address first written above or via email to cancel@loveincolours.com. In order for us to process your cancellation notice, please indicate your full name, username, email address, mailing address, and the date of your registration, and state that you are cancelling your account, membership or registration. In the event you exercise the right to cancel pursuant to this paragraph 4.3, your membership and access to the Service will cease on the last day of the month in which your cancellation notice was received. After this date your profile will be removed from the Website and your account (including your username and password) will no longer exist.
4. Except as provided in Clause 4.2 above, any subscription paid by you is subject to the minimum contractual period of THREE MONTHS. Where you choose to cancel your membership subscription before the expiry of the initial three months of the contract, you will not receive any refund in respect of this minimum contractual period.
5. The Company may immediately terminate your membership and your access to the Service at any time should you breach this Agreement and will send you notice of termination in writing at the most recent email address you have provided to us. If we terminate your membership of the Service because you have breached this Agreement, we will not refund any monies to you except for pre-payments you have made for future monthly subscriptions less reasonable costs and losses we have incurred. You will not be refunded the subscription charge for the month in which your membership is terminated.
6. The Company may also terminate this Agreement when you have not been in breach, by giving you not less than one month’s advance notice in writing.
Recurring Billing.
1. Subscription to the Service involves a one-off charge for an initial period of three months followed by recurring monthly charges until the Service is cancelled in accordance with Clause 4 above. By entering into this Agreement, you understand that there is an initial and recurring payment feature of the Service subscription and accept responsibility for payment of all recurring charges prior to cancellation of the Service. You authorise the Company to collect such recurring monthly charges from you until you provide prior notice in writing that you have terminated this authorisation in accordance with Clause 4 above. Such notice will not affect charges submitted before the Company could reasonably act.
Billing Information.
1. You must:

provide true, current, complete and accurate information for your billing account;
update all information without delay to keep your billing account true, current, complete and accurate (e.g., change in address, or change in credit card number); and
notify the Company without delay if your payment method is cancelled or if you become aware of a potential breach of security (e.g., the unauthorised disclosure or use of your username or password).

If you fail to comply with Clause 6.1 above, you agree that we may (1) continue charging you for use of the Service based on the then most recent billing and payment information provided by you, unless you have terminated your subscription for the Service in accordance with Clause 4 above , or (2) terminate your membership and use of the Service pursuant to Clause 4.5 above.

Information Update.
1. It is each Member’s responsibility to keep his or her information up to date and current at all times. If your information is not up to date or current, we may not be able to process your requests or notices effectively. If your payment and billing information is not up to date or current, your account and membership and your access to the Service may be interrupted, suspended or terminated as a result of our not being able to bill and collect payment for your use of the Service. To update your personal information (e.g., your e-mail address, mailing address, billing information) or your profile information, you may (1) log into your account on the Website, click on Login and follow the instructions, (2) send your request in writing via email to customerservice@loveincolours.com, or (3) send your request in writing via postal mail to LOVE IN COLOURS LIMITED, 7/9 THE AVENUE, EASTBOURNE, EAST SUSSEX, UNITED KINGDOM, BN21 3YA.
Scope of Service.
1. The Service facilitates contact with other Members. The Company does not guarantee your compatibility with other Members and is under no obligation to successfully match any other Members with you.
Exclusive Personal Use.
1. Your membership account is for your sole use. You may not authorise others to use your account, and you may not assign or otherwise transfer your account, subscription, or any other rights or obligations you have under this Agreement to any other person or entity.
2. The Website and the Service is for personal use only and may not be used for any commercial activities. Businesses, including companies, partnerships and other organisations, may not become members and should not use the Service or the Website for any purpose.
3. Illegal and/or unauthorised use of the Service or Website will be investigated and appropriate legal action will be taken.
4. In order to protect the integrity of the Service, the Company reserves the right, at any time and in its sole discretion, to (1) block Members from certain IP addresses from accessing the Website and the Service and (2) modify or discontinue, temporarily or permanently, any feature or part of the Website or the Service with or without notice. The aforementioned rights of the Company are in addition to, and without prejudice to, any other rights of the Company provided elsewhere in this Agreement or otherwise available at law or in equity.
Account Security.
1. You are solely responsible for maintaining the confidentiality of your username and password for the Service, and you are fully responsible for all activities that occur under your username and password, even where your username and password are used by someone else.
2. You agree to:

notify the Company without delay of any unauthorised disclosure or use of your username or password or any other breach of security of which you become aware, and
ensure that you log off from your account at the end of each session. Particular caution should be exercised when accessing your account from a public or shared computer.

The Company will not be liable for any loss or damage arising from your failure to comply with this Clause 10.

Member Privacy.
1. Your profile will only be visible in the categories you select.
Content Posted by Members on the Website.
1. As a Member you agree that:

You are solely responsible for all content and information you disclose via the Website and the Service or transmit to other Members.
The Company merely provides the channel for Members to post or transmit their personal information. We do not adopt or endorse any opinion, advice or statement made by any party other than the Company. The Company reserves the right to delete, remove, block, and disable any content accessible via the Website and the Service that it believes, in its sole judgment, contravenes this Agreement.
Whilst the Company reserves the right to delete, remove, block, and disable content, the Company does not guarantee that all material in contravention of this Agreement will be removed or deleted. Failure by the Company to remove, delete, block or disable such content does not waive our right to remove, delete, block or disable such content in subsequent or similar cases.
Any material disclosed via the Service and Website, other than personally identifiable information which will be used in accordance with our Privacy Policy, will be considered non-confidential and non-proprietary and we will be free to use such material for any and all commercial or non-commercial purposes.
You will have no more than one Member account at any time, under which you may create a maximum of one profile in each of the three categories of the website. You have the right to update and edit the content of your profile as many times as you want.
You will use the Service and Website in a manner consistent with any and all applicable laws, regulations and codes of conduct.
You will promptly report to the Company any known violation of this Agreement by other Members.

Content Representations and Warranties by Members.
1. With respect to all content and information supplied, posted, displayed or distributed by you via the Website and the Service, you represent and warrant that no such content or information (1) will be “prohibited and illegal content” described in Clause 15 below, (2) will violate Clause 16 below regarding “prohibited activities,” and (3) will otherwise in any way contravene this Agreement.
2. Without limiting the generality of Clause 13.1 above, each time you upload photographic, pictorial or audiovisual content to the Website, you also warrant and represent that:

such content contains a true likeness of yourself;
you have the right to post, display and distribute such content;
to the extent it contains the portrait, image, likeness, video or voice of any other person, such content has been authorized by that person and does not violate that person’s privacy or right of publicity; and
such content does not otherwise in any way contravene this Agreement.

Content Storage.
1. The Company assumes no responsibility for the deletion of or failure to store your content, whether text, photographs, sound recordings, audiovisual materials, or otherwise.
Prohibited and Illegal Content.
1. The following list provides examples of content that is illegal or prohibited on the Website. It is not a definitive list. The Company reserves the right to add to or amend this list at any time and to investigate and take appropriate legal and other action against anyone who contravenes this Clause 15. Prohibited and illegal content includes, but is not limited to, content that:

contains someone else’s personal contact information, including but not limited to email addresses, telephone numbers, instant messaging contact details, IP addresses, and website URLs, whether or not with that person’s consent;
is or promotes conduct that is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable;
comprises a photograph, image, portrait, video, or sound recording of another (real) person, if created, obtained, displayed or distributed without that person’s permission;
involves the transmission of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation;
is false or misleading, or promotes information that you know to be false or misleading, or contains code, programs, or material that you know to be computer viruses or otherwise capable of causing damage or disruption to another’s computer, device, network, or system;
is or contains a pirated or unauthorized copy of another person’s copyrighted work, or provides access or links to pirated or unauthorized copies of others’ copyrighted works;
exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
solicits passwords or personal information for commercial or unlawful purposes from other Members, or provides passwords or unauthorized access to any account or membership belonging to someone else; and
contains advertising, marketing information, commercial solicitations, or other commercial matter.

Prohibited Activities.
1. The following list provides examples of activities that you may not engage in whilst using the Service, or otherwise in connection with the Service, or both. It is not a definitive list. The Company reserves the right to add to or amend this list at any time and to investigate and take appropriate legal and other action against anyone who contravenes this Clause 16:

You will not impersonate any person or entity, or falsely or otherwise misrepresent your affiliation with a person or entity, or engage in theft or misuse of another person’s identity;
You will not disguise the origin of any content transmitted through the Service;
You will not stalk, annoy, inconvenience, harass or otherwise cause needless anxiety to any person;
You will not express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
You will not access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Website security measures;
You will not collect or store personal data about other Members (except with their consent and except for your own private use);
You will not upload, post, display, distribute or share with others any content that you do have a right to transmit under law or under contractual or fiduciary relationships;
You will not upload, post, display, distribute or share with others any content that infringes any intellectual property rights of any party;
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or any Website content provided by the Company;
You will not interfere with or cause disruption to the Service or the Website or the servers or the networks connected to the Service or the Website;
You will not upload, post or email any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and
You will not transmit or post any material which constitutes or promotes conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the United States or any other country in the world.

Harrassment and Disputes.
1. You agree to not harass or stalk any Member and to cease contacting a Member immediately upon his or her request.
2. You may block other Members by selecting the option on their profiles. Blocked Members will not be able to contact you via the Service or Website.
3. You are solely responsible for ensuring that your interaction with other Members is lawful and appropriate.
4. The Company has no control over the conduct of any Members, whether online or offline. We will not be liable for what occurs between Members should they decide to meet in person, and you agree that any such meetings occur at your own risk. The Company does not verify the accuracy or truth of information published by Members and you acknowledge that any reliance upon information disclosed via the Website and the Service by other Members is at your own risk. Should you encounter behaviour that may be deemed harmful to other Members you are requested to contact the Company with full details and, at the discretion of the Company, we may suspend or terminate the offending Member’s membership to the Service.
5. The Company will not become involved in any disputes between Members and does not provide any form of settlement service should a dispute arise between Members.
6. You must ensure that you save any messages that you wish to keep as the Company cannot retrieve any messages deleted by you.
Proprietary Rights; DMCA Notice.
1. The Company owns and retains all right, title and interest in and to the Website and the Service, as well as all Website content provided by the Company. However, the Company claims no ownership, control or authorship with respect to any content posted or supplied by Members or users of the Website.
2. “LOVE IN COLOURS” and its associated logos and designs are trademarks of the Company. All other trademarks and service marks appearing on the Website are the property of their respective owners
3. You may not in any way use, copy, reproduce, display or distribute any copyrighted material, trademarks, or other intellectual property or proprietary information owned by the Company or third parties, without obtaining the prior written consent of the Company or such third parties, as the case may be.
4. Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), anyone who believes that his or her or its copyright has been infringed by any content posted on or distributed through the Website, may notify us in writing in the following manner: (1) the notice must include the following: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work claimed to have been infringed; a description of the allegedly infringing material and its location on the Website; the notifying party’s address, telephone number, and, if available, email address; a statement that the notifying party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by the notifying party, made under penalty of perjury, that the information in the notice is accurate and that the notifying party is the owner of the right that is allegedly infringed, or is authorized to act on behalf of the owner of such right; and (2) the notice must be sent to our designated agent as follows:
  
  Love in Colours Limited, 7-9 The Avenue, Eastbourne, East Sussex, United Kingdom, BN21 3YA, Attn.: DMCA Complaints
  Fax: 01323 730626
  Email: legal@loveincolours.com
  
  Please note that under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.
5. If a notice of copyright infringement has been filed against you, you may file a counter-notice with our designated agent as indicated above. Such counter-notice must include the following: your physical or electronic signature; a description of the material that has been removed or blocked, and its location prior to such removal or blocking; a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or blocked as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant. If we receive a valid counter-notice, we may restore or re-enable access to the removed or blocked material. You should know that the DMCA provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
Disclaimers; Limitation of Liability.
1. The Company provides the Website and the Service on an ‘as is’ basis and makes no representations or warranties of any kind, express or implied, with respect to the Service, the Website or any Website content provided by the Company. To the fullest extent permitted by law, the Company hereby disclaims all representations and warranties (including, without limitation, implied warranties of merchantability and fitness for a particular purpose; warranties of title and non-infringement; warranties of data security and personal safety; warranties that the Service will be uninterrupted and error-free; warranties that all Website content provided by the Company will be accurate, up to date, and error-free; warranties that the Service will be suitable for any Members or will achieve any results for any Member; and warranties that you will be compatible with any other Member or that we will successfully match any other Member with you) with respect to the Service, the Website, and all Website content provided by the Company. All liability of the Company howsoever arising based upon claims that the Company has made any representations or warranties with respect to the Service, the Website or any Website content provided by the Company, is expressly excluded to the fullest extent permitted by law.
2. All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from this Agreement to the fullest extent permitted by law.
3. The Company has no control over, and is not responsible or liable for, the conduct of any Members, whether online or offline. You understand and acknowledge that: (1) the decision to meet, date, communicate, interact or associate with another person is entirely your own for which you alone are responsible, and you do so entirely at your own risk; (2) the Company does not verify the accuracy or truth of any information published by Members, and any reliance upon information provided by other Members is entirely at your own risk; and (3) you assume all responsibility for protecting yourself and your personal and financial information; you are not entrusting such responsibility to the Company; and nothing in this Agreement and nothing about the Website or the Service shall be deemed or construed to create or impose any such responsibility or duty or obligation on the part of the Company, whether to you or to anyone else.
4. Any advice or tips that may be offered by the Company or its staff, whether on the Website or through the Service, is for general informational and entertainment purposes only and is not intended to replace or substitute for any professional advice. You should not rely on such advice or tips for any decision, action, or inaction. If a matter or situation requires that you seek professional advice, you should consult with a trained and qualified professional.
5. Neither the Company nor any of its directors, employees or other representatives will be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including (without limitation) loss of data, property, income or profits, arising from or in connection with your use of the Website or the Service, even if the Company has been advised of the possibility of such damages.
6. Notwithstanding anything to the contrary contained herein, in no event shall the Company’s total liability to you under this Agreement, regardless of the cause or form of the action, exceed the total amount of subscription fees paid, if any, by you for the Service during the term of your membership.
Indemnification.
1. You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any loss, claim, liability, damages, costs or expenses (including attorney’s fees and legal fees in relation to the same) arising out of or resulting from (1) your use of the Service and Website, (2) any content or information posted or provided by you, and/or (3) any activity or conduct by you, whether offline or online. This includes any breach or suspected breach of this Agreement by you or your violation of any law or the rights of any third party.
Service Access.
1. Whilst the Company will use all reasonable endeavours to ensure that the Website is accessible at all times, we do not guarantee that it will be available uninterrupted or error free.
2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control (e.g., a force majeure event described in Clause 25 below).
Customer Services.
1. If you have any enquiries, please contact our Customer Services Team at customerservice@loveincolours.com.
2. You agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive when communicating with our Customer Service Representatives.
Security and Privacy.
1. Use of the Website and the Service is also governed by our Privacy Policy. Please read our Privacy Policy for important information regarding our collection and use of your personal data and your rights in relation thereto.
Dealings with Advertisers.
1. Your interaction or business dealings with advertisers found on or through the Service or Website and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
2. The Company will not be liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website or the Service.
Force Majeure.
1. The Company shall not be liable for any failure for any suspension or termination of access to the Website or the Service, or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action.
Modifications to this Agreement.
1. This Agreement is subject to change by the Company at any time, effective upon posting of the changes on our Website. We will notify you of any revisions to this Agreement the next time that you log onto the Website as a Member; any use of the Service after such notice will constitute acceptance by you of such changes. If upon receiving notice of any revisions you do not wish to continue using the Service, you may terminate this Agreement in the manner described in Clause 4 above.
Applicable Law.
1. The formation, existence, construction, performance, validity and all aspects of this Agreement and our Privacy Policy shall be governed by the federal laws of the United States of America and the laws of the State of California, U.S.A., without regard to its conflicts of law rules, and the parties submit to the exclusive jurisdiction of federal and state courts located in the State of California, U.S.A..
Entire Agreement.
1. This Agreement and our Privacy Policy shall constitute the entire agreement and understanding between the parties with respect to all matters which are referred to and shall supersede in their entirety any and all written or oral agreements previously existing between the parties in relation to the matters referred to in this Agreement and our Privacy Policy.
2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed stricken as if it had never been included in this Agreement or, if feasible, be deemed so modified as to render it valid and enforceable under applicable law. In any event, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, all of which shall remain in full force and effect.

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Terms & Conditions for UK Customers

Love In Colours Membership Terms and Conditions Agreement (“Agreement”)

Terms & Conditions for non-UK Customers

Love In Colours Membership Terms and Conditions Agreement (“Agreement”)

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