Terms and Conditions

Version 6.0 (22/07/2019)

Preamble

The www.lovinyoo.com Service (hereinafter referred to as "the Service" or "the service") is published and made available to the public by Futura Media SARL, whose registered office is at Route de Aminona 108, 3963 Crans-Montana, Switzerland, a limited company registered in the trade and companies register under number CHE-276.571.968

www.lovinyoo.com is an online service dedicated to virtual meetings between individuals for strictly personal purposes, for a romantic relationship or for a friendly relationship but under no circumstances a commercial one.

Some features of the Service are free and other features are paid. This Service is aimed at adults who are courteous and respectful of morals and laws in force in their country. This service has been designed to guarantee Users a maximum of ease, as well as good reliability in the various exchanges that they will be involved in, in the framework of its use.

Please read these Conditions of Use carefully before using this service. Their aim is to precisely frame the conditions of use of all the services offered by www.lovinyoo.com and relations between the Service and its Users. Using this service implies that you have read, understood and understood the content of the General Conditions of Use of the Service.

The unreserved acceptance of these conditions is made by ticking the box designating the phrase "I certify that I am an adult, I certify that I have read and accept the general conditions" or any other equivalent text in order to validate the registration to this Service found on the registration form on the Service's registration page. Therefore, you acknowledge having read these General Conditions of Use and agree to print them on a durable medium at your disposal.

The Service may modify these conditions of use at any time. In this case, you will be warned on the site or by email. In this respect, you recognize and agree that your use of the service or merely your access thereto after the date of the changes, will imply your acceptance of the modified terms and conditions.


Article 1 - Definitions

In these General Conditions of Use, the following terms include the definitions given below:

"Content" means any information, data, literary and artistic work, message, music, audio, video, photograph, text, image, comment, tag, title, published in electronic form and/or made available by a user registered for the Service.

"Registration": act by which a person accesses the Service for the first time, responds to the form supplied to him, validates the regulations governing the various features and indicates, in particular, his identity, his contact details, as well as a username and a password .

"You", "User(s)" or "Member(s)": means any individual who approves these General Conditions of Use, and who thereby accesses the Service, whether or not by creating an account.

"Service": The site accessible at the URL www.lovinyoo.com, directly or by any URL, hyperlink, tab, button or any other means.

"Service(s)": means all services offered by www.lovinyoo.com to its Users.

"Chat": Chat technology enables live, written interaction between different users connected simultaneously


Article 2 - Registration & Access to the Service

2.1 Access to the Service

The Service is only accessible to individual adults and is reserved for strictly personal use. Your registration to the Service implies that you are over 18 years old and that you are deemed legally fit to use this Service and/or subscribe. When you use the Service, you declare that you are acting in a private capacity.

It is in particular forbidden, without this list being exhaustive:

  • To use this Service without accepting these general conditions of use,
  • To use this Service when you are a minor. This service is exclusively for adults,
  • To disclose your personal details to any other User via messaging, chat or any other connection feature without going through the features of the Service,
  • To use this Service for advertising, promotional or commercial purposes (spam, soliciting, prostitution, etc.),
  • To harm anyone in any way by broadcasting messages or content that contravene laws and regulations in force, morality, the rights of third parties, offending sensibilities or aiming to cause a public disturbance,
  • To publish content (photos, videos, ...) that contravenes the editorial charter of the Service and goes against good morals,
  • To broadcast content intended to damage the Service (viruses, spam, worms, software, etc.),
  • To post hypertext links for Services that contravene laws in force in your country, which are illegal and immoral,
  • To post hypertext links to online Services that are not part of the Services published by the publishing company, regardless of the topic.
2.2 Creating an account

In addition to the acceptance of these general conditions of use, access to the Service is subject to the opening of an account on the Service. To do this, you must provide your identification details. When you open this account, you guarantee that the data you provide is accurate and up to date, and you agree to inform the Service immediately of any change in the data submitted at the time of your registration and, as applicable, to make the changes yourself in your personal space on the Service.

2.3 Security and confidentiality of the account

To use the Service, You must use the login and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. Indeed, you will be solely responsible for any access to the Service using your username and password, unless there is evidence of fraud that is not attributable to you.

In the event of loss, misappropriation or fraudulent use of your username and/or password, you agree to immediately notify the customer service department. The Service is not required, and lacks sufficient technical or legal means, to ensure the identity of people who register on the Service. If you believe that the identity of a person on the Service is inaccurate or that a person is fraudulently using your account or the data you have provided, you must immediately inform customer service.

2.4 Moderation and animation of the service

In order to guarantee compliance by its Users with the general conditions of use of the Service, and in order to guarantee the safety and comfort of its Users, and finally, in order to offer an ideal entertainment experience by maintaining a friendly atmosphere between its Users, the Service has a moderation and animator team. The moderators and animators connected to the Service, intervene in a non-discriminatory way compared to other Users. Their role is to encourage Users to communicate with each other and to quickly identify Users with malicious intentions so they can be excluded. The moderators and animators are real people that Users can contact, but it is not be possible to meet them. In the event that a User fails to comply with the general conditions of use of the Service, they may be temporarily or permanently excluded. In the event that a User is excluded for non-compliance with the general conditions of use, they will not be able to claim any reimbursement, even partially. The editor of the Service also reserves the right to take legal action against a User to obtain compensation for any damage caused.

2.5 Invitation & Sponsorship

When a User wishes to invite a friend or an acquaintance to the Service and provides the Service with the details of this friend, he undertakes to previously obtained the express consent of this friend to the processing and collection of his data by the Service.

This data will therefore be used to send, on behalf of the User providing the Service with the contact details and on his behalf, an e-mail presenting the Service to the "sponsored" friend. As applicable, the User deliberately provides this information under his exclusive responsibility and agrees to assume all the consequences thereof.


Article 3 - Operation of the Service

Once his account has been created, the User has access to the Service. By default, the User has access to limited services. To have access to a broader range of services, each user has the possibility of opting in to a paid service; to do this he must take out a subscription. There may also be paid functions to which the user subscribes through a fee-for-service.


Article 4 - Subscription to paid services & payment methods

4.1 Subscription to paid services

Once his account has been created, the User may, if he wishes, subscribe to the service. Subscription has the advantage of providing access to a broader range of services and opportunities on the Service. Each type of subscription is described on the payment page that accompanies it: price, available features, duration. The prices indicated on the Service are in Euros inclusive of tax for countries in the Euro zone.

4.2 Payment of the subscription

The subscription is paid by credit card with our payment provider, which is responsible for receiving your payment. By going through our payment provider, you must accept the terms of use and general conditions of service of our payment provider. Accordingly, any subscription to the Service sold is binding and final. Moreover, any subscription period started is due in full.

4.3 Renewal of a subscription

To avoid any interruption to your service, your subscription will be automatically renewed for a new period identical to that you chose when you subscribed to the paid service. Thus, unless you request a cancellation, you will continue to benefit from the service based on the price of your current subscription. Your subscription will be automatically renewed until you expressly notify your desire to cancel your current subscription pursuant to the conditions described in this article, in the "Termination" paragraph.

4.4 Termination of your subscription

You may cancel your subscription at any time by clicking on the "Stop My Subscription" link found on your account management page, before the expiry of your subscription period.

Even after doing this, you will still be able to use the Service until your subscription expires. Please that there will be no refund if you decide to discontinue your subscription, because the service will continue to be available until the end of the subscription period. Any request for cancellation will be deemed made on the full day after receipt.

Notwithstanding the provisions hereof, the Service may terminate your account without notice in the event of a breach on your part; the terms of discretionary termination differ depending on the seriousness of the breach. This termination will be carried out without prejudice to any damages that may be claimed by the Service from the User for damages suffered as a result of such breaches.

Termination for simple breach: A simple breach is when the user breaches or has breaches with any other provision of these conditions of use excluding those contained in Articles 2 and 7 (serious breach).

In this event, the Service will first send an email to the User who is guilty of the breach. If the latter fails to provide an answer to the email and/or persists in his breach, his account will be terminated within 2 working days.

Termination for serious breach: A serious breach is when the user breaches or has breached one of the provisions of Articles 2 and 7 of these general conditions of use.

In this case, the termination is immediate, and the user has no right to claim any refund for the period remaining until the next subscription expiry date.

The publisher of the Service reserves the right to take legal action against any person who has caused harm (of any nature) to another user of the Service or to the company itself.


Article 5 - Pricing of the Service and Customer Service

To use all or part of the Service, members must, in some cases, subscribe to a paid plan which, whatever its length, gives unrestricted access to all of this Service and for the duration of the package. When the member subscribes to a package, his credit card is charged the amount of his subscription. Transactions handled by our payment provider are secure and confidential. The member may consult his transactions history in the "My Account" section after logging into the Service using his personal access credentials.

5.1 Available packages

For unlimited access to its extended functions, the Service offers various packages whose price and duration may vary. The list of available packages and the pricing conditions of these packages may be changed at any time without changing the initial subscription conditions of a member who has already subscribed. The packages currently available are:

Unlimited 1-month package:
€ 29 a month (with monthly payment).
Unless a cancellation request is made before the expiry date, the package is renewed for the same duration and at the same price on each anniversary date of the initial subscription.

Unlimited 1-month package:
€ 49 a month (with monthly payment).
Unless a cancellation request is made before the expiry date, the package is renewed for the same duration and at the same price on each anniversary date of the initial subscription.

Unlimited 2-month package:
€ 89.90 a month (with bimonthly payment).
Unless a cancellation request is made before the expiry date, the package is renewed for the same duration and at the same price on each anniversary date of the initial subscription.

Unlimited 3-month package:
€19 a month (in a single payment of €57).
Unless a cancellation request is made before the expiry date, the package is renewed for the same duration and at the same price on each anniversary date of the initial subscription.

Unlimited 6-month package:
€14 a month (in a single payment of €84).
Unless a cancellation request is made before the expiry date, the package is renewed for the same duration and at the same price on each anniversary date of the initial subscription.

In addition, the service publisher offers a trial offer for a limited time at a reduced rate. The trial period provides unlimited access to the entire Service (excluding any paid options). Any subscription to a trial offer implies that you have fully understood and accepted the pricing conditions.

Trial offer - €9 for 3 days:
Subscription to this offer allows you to benefit from our entire service for 3 days for €9.
Unless you request termination before the end of the trial period, it will be extended to an unlimited monthly package at the price of € 29 with tacit renewal.

5.2 Right of withdrawal

The right of withdrawal may not be exercised for contracts for the provision of services that have been fully performed before the end of the withdrawal period and whose performance began with the User's consent. The User is informed that logging in with his username and password is a key element of his full use of the Service and that in this case, this therefore constitutes a voluntary performance of the contract between the Service and the User. And as this is a virtual service, the User cannot invoke his right of withdrawal to request the reimbursement of his subscription. That being said, customer service has discretion as to whether to refund a User who is not satisfied with the proposed service, well beyond the legal period usually allowed for a customer’s right of withdrawal.

5.3 Contacting the Customer Service Department

Customer service is open from Monday to Friday, 9:00 to 18:00. You can contact customer service by phone or email. To contact customer service by email, write to customer@lovinyoo.com

To contact customer service by phone, dial:

France : 04 85 20 05 13
Switzerland : 044 505 10 91
All other countries : +41 44 505 10 91

5.4 Notifications by e-mail

After subscribing to a package or the trial offer, the User shall immediately receive a confirmation e-mail with detailed information about the offer to which they have just subscribed. The User shall also receive a notification by e-mail 24 hours in advance of each automatic renewal of their subscription. These notification e-mails shall all contain:

  • Website name
  • Price of the package
  • Length of the package
  • Log-in information:
  • Date and time of the next automatic renewal
  • Price and the detailed conditions of the renewal
  • Length of the renewal
  • User’s e-mail address
  • Link to allow cancellation of the package to be requested easily

Article 6 - Liability & Obligations of the Service

6.1 General liability

The Service is an online service dedicated to virtual dating between individuals for strictly personal purposes. As the company provides this service remotely, it is expressly reiterated that the Service is solely an intermediary between its Users and provides its Users, with means of communication and features tending to allow them to meet more easily.

The Service is in no way bound by or committed to any results in this respect. The virtual and automated nature of the service cannot guarantee and attest to the actual intentions of Users between themselves or even the veracity of the information they provide or their actual identity.

Whether a romantic relationship, a friendly relationship, or a fun and short-lived relationship, in any event the Service does not engage in any activity of marriage counselling or broking. Thus, the Service is not an organizer of "real" dates, a provider of Internet access or a telephone subscription.

Under no circumstances may the publisher be held liable for messages or information exchanged through the Service. Each User expressly recognizes that, by the mere fact of using the Service, he may be exposed to inaccurate, shocking, indecent or negative content. As a mere host, the Service may not be held liable for the distribution of such Content.

Likewise, the Service waives any liability for meetings between Users, whether they take place on the Service or during "actual" meetings outside the Service.

Physical meetings between users: we recommend Users take the greatest care when it comes to their first physical meetings. It is highly recommended to meet in a public place rather than a private one, and insofar as possible to be accompanied at the first meeting.

Solicitation of other Users: we also recommend the greatest vigilance regarding any request for money or solicitations from unscrupulous Users of this Service. Everyone is recommended (especially) not to respond to such a request. We also invite our users to report any request that seems abnormal and that our team of moderators may have overlooked.

6.2 Technical Responsibility

The equipment providing access to the Service is the sole responsibility of the User, as are the telecommunications costs (Internet subscriptions, telephone, ...) necessary for the use of the Service.

The connection, use and participation in the Service imply, for the User, complete knowledge and awareness of the limits of the Internet for all matters concerning the technical aspects of data transfer, protection against viruses and other limitations of the Internet.

Given the current state of IT, the Service cannot be held responsible, especially in the event of (non-exhaustive list):

  • failure of computer connections or networks related to the use of the Internet,
  • temporary or permanent failure of computer or telephone networks,
  • temporary or permanent failure of the User's computer equipment,
  • temporary or permanent failure of the User's software,
  • temporary or permanent failure of the User's Internet Service Provider (ISP),
  • damage to the User's computer hardware,
  • malfunctions of the Internet leading to failures in the administration, security, integrity or management of the services offered on the Service,
  • change of the Service program resulting in an update and/or a temporary unavailability of the Service,
  • any loss of data or settings of the User,
  • consequences of, and damage caused by, a computer virus,
  • connection problems encountered by the Service participant,
  • external advertising URLs found on the pages of the Service,
  • the contents of the different Services related to the Service,
  • force majeure as recognized by case law.

Moreover, the Service’s liability cannot be incurred in the event of (non-exhaustive list):

  • modification, suspension, cancellation or postponement without notice or justification on its part, of one or more features offered on the Service. In such a case, the Service’s liability cannot be incurred in any way as a result, and Users cannot claim any compensation,
  • conduct of one of the Users contrary to law, morality and public order.

In any event, the Service’s liability towards the User can be incurred only for acts that are directly attributable to it and is in any event limited to the amount of the subscription paid the month prior to the event in question. It cannot be held liable for indirect damages. Nor can the Service’s liability be incurred due to the misuse of the Service by the User.


Article 7 - Liability & Obligations of the Users

7.1 General liability

Firstly, each User agrees to comply with laws, regulations and international conventions in force and agrees that the content he decides to bring to the attention of other Users (photos, videos, images, texts, ...) complies with these General Conditions of Use as well as laws and regulations in force, such that it does not affect public order, morality or the rights of third parties. In particular, and without this list being exhaustive, the User agrees:

  • not to mention in his profile his name, address, telephone number, domain names or email addresses,
  • not to disseminate documents, photos or information concerning a third party, without the latter’s express authorization,
  • not to harass any other Member in any way or disclose information that could harm or threaten their safety,
  • not to impersonate another person, Member or personnel member of the Service,
  • not to provide another Member or any other person with information provided by a Member and collected on the Service,
  • not to engage in commercial activities on the Service, in any form whatsoever: spam, sales, lottery, contests, advertising, prostitution, etc.
7.2 Liability for the content disseminated

The information provided by a User on the Service must be accurate. The user grants the Service a free and non-exclusive license to use the intellectual property rights attached to the content (photos, videos, images, texts, etc.) provided by him on the Service.

The Service is not required to verify the identity of the Users or the veracity of the Content (photos, videos, images, texts, etc.) that they provide, this being provided under their whole and exclusive responsibility. Such content is deemed non-confidential. Any consequences of disclosure on their lives and/or Content are the sole responsibility of the Users in question. Accordingly, each User waives any remedy against the Service, in particular on the basis of any infringement of his image rights, to his honor, to his reputation or his private life, resulting from the dissemination or disclosure of information concerning him.

Moreover, the User is hereby informed that, given the characteristics of the Internet, the data transmitted is not protected against the risk of misappropriation and/or piracy, which the Service will not be held liable for. It is therefore the exclusive responsibility of each User sharing content, to take all appropriate measures to protect this content. Thus, any User who makes his content available to other Users recognizes that the Service does not guarantee the confidentiality of the content, whether or not it is disseminated.

In particular, and without this list being exhaustive, the User agrees that no content provided by him:

  • Is pornographic, pedophilic, depicts child abuse or is violent in nature,
  • Does not incite violence, crime, misdemeanors, including sexual assault, suicide, acts of terrorism, theft or damage,
  • Does not condone war crimes, crimes against humanity or acts of terrorism,
  • Does not incite racial discrimination, hatred, or violence against a person or group of persons due to their origin or ethnic background, nationality or a particular religion,
  • Does not affect in any way the honor or the consideration of a person or a body against whom an act is alleged,
  • Does not contain any expression that is offensive or insulting to third parties
  • Does not infringe the privacy, image and private life of a third party,
  • Does not infringe property rights, including intellectual property,
  • Does not affect the security or integrity of any state,
  • Does not propose the sale, donation or exchange of property resulting from the commission of an infringement constituting an offense or crime (fraud, embezzlement, breach of trust, etc.).

In the event of a breach by a User of the obligations contained in this article, in article 2 of these general conditions of use or more generally one of the obligations deemed to be essential, the Service may terminate the contract and will cancel the account of the User concerned outright.

Without prejudice to the above, the User guarantees and will compensate the Service at first request against any damage suffered and against any damage claim that may be brought against it due to the breach by the User of any third party right, including another Service User.


Article 8 - Right of access and rectification of data

To enable Users to interact with each other, the Service collects, stores and archives personal information on its Users. This data may include: his name, his postal and/or electronic address, his land line and/or mobile telephone number, information on his physical appearance, information on his interests, photographs, IP address (Internet Protocol) of his computer.

The Service may share some of this information with certain partners, in the knowledge that no information making it possible to identify a particular User will be disclosed.

Each User has the right to access, rectify and delete personal data concerning him. To exercise this right, the request must be made by mail with the applicant's details and his personal username, at the address below:

Futura Media SARL
Route de l'Aminona 108
3963 Crans-Montana (Switzerland)
Email : privacy@lovinyoo.com

Accordingly, any User who has signed up to the Service has the right to require that information concerning him be corrected, completed, updated or deleted. If the request to delete information concerns elements necessary for the smooth running of the User's Account, the account must be deleted.

The User acknowledges having been informed that the Site may use "cookies" to record certain information on his computer, and that he may object to the saving of these "cookies" by setting his Internet browser accordingly. "Cookie" means an information file stored on the User’s hard drive which allows his computer to be recognized the next time he visits the Site.

The Service may be required to offer Users the right to participate in loyalty programs, marketing or any other activities taking place on a third-party website or program. In this case, the Service is not responsible for the actions or activities of these third parties and requires its visitors to carefully read the terms and conditions offered by them.


Article 9 - Advertising

Within the framework of advertising or promotional actions and to improve the efficiency of the service it offers to its Users, the Service reserves the right to use some of the content posted by Users, such as their photo, nickname, age, city of residence, search criteria and ad text.

Thus, the information disclosed by the Users (except personal details) is accessible via the Service in the visitor zone and in the User zone, via newsletters distributed by email.

It is also accessible via any means of electronic (SMS, Email, Internet, MMS) or traditional (Press, Radio, Television) communication throughout the whole world, as long as the User has not expressed his disagreement or terminated his access to the service.

The User’s personal details are under no circumstances disseminated to anyone, in any way whatsoever. Users may ask the Service to cease using their content for advertising/promotion purposes either by mail, by hiding their information in the User area or by cancelling their account.


Article 10 - Evidentiary force

It is agreed between the participant and the Service that only the data saved on publisher’s computer systems has evidentiary force as to the connection elements and information resulting from data processing related to the service. Accordingly, it is expressly agreed that the Service may rely, particularly in the event of a dispute or litigation, on these elements for the purposes of proof of any act, fact or omission to assert its rights in court. These different elements constitute admissible, valid and enforceable evidence between the parties whatever their form or presentation.

Likewise, any operation performed using the username and password assigned to a User, after registration, is irrefutably presumed to have been made under the User’s responsibility.


Article 11 - Intellectual property

The Service and all rights attached thereto are the exclusive property of the Service’s publishing company. Accordingly, and without this list being exhaustive, all programs, brands, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces and screens, as well as these general conditions of use visible on the Service. are protected by the Law on Copyright, Intellectual and Artistic Property and International Copyright Conventions.

Thus, any reproduction or unauthorized representation of these elements expressly constitutes an infringement punishable by criminal penalties. Reproduction, disclosure, dissemination, use, representation, reproduction, modification or any other form of unauthorized and/or unlawful use, in whole or in part, directly or indirectly, by any and all similar or different media, of the elements listed above, is subject to the Service’s prior authorization.

Failing this, any contravention exposes the company to the relevant legal actions by the Service, on the part of the holders of the exclusive rights assigned to the Service, or on the part of the third parties concerned against the offender(s).

The User expressly authorizes the Service to reproduce and disseminate the information it provides on its page, account, advertisement, search criteria and presentation (information, description, images, etc.) on any or part of the Service and/or on any electronic communication medium, for the whole world and for the entire term of these terms and conditions of use between the User and the Service.


Article 12 – Assignment right

The publisher of the Service reserves the right to assign or transfer to any company of its choice the rights and obligations contained herein.


Article 13 - Partial nullity

If one or more articles of these general conditions of use are found to be invalid or declared as such under a law, regulation or final decision of a competent court, the other articles will retain all their force and scope.


Article 14 - Applicable Law and Jurisdiction

The Service and these conditions are subject to Swiss law. In the event of a dispute the parties will seek, as a priority, to find an amicable solution. Failing an amicable agreement between the parties mentioned, the courts that has jurisdiction over the registered office of the publishing company of the Service shall have sole jurisdiction without exception, notwithstanding multiple defendants or a guarantee claim.