Terms & Conditions

Terms of Service

Love Digits is a fun way for a potential couple to test their horoscopes and Zodiac signs for compatibility, through ancient sciences of Jyotish / Indian Astrology and Vedic Numerology. By entering the names, dates, times, and places of birth of two potential mates, you can get personality /compatibility ratings across six different astrology measures for love and marriage! We also offer information on and ways to consult with people who provide astrology and wellness advice and people who sell products associated with the Easter philosophies that Love Digits is founded on.

FOR ENTERTAINMENT USE ONLY

THIS SERVICE IS PROVIDED BY LOVE DIGITS LLC (“LOVE DIGITS” or the “COMPANY”). The name and title may vary in countries other than the U.S and is subject to change without specific notice.

INFORMATION OBTAINED FROM THE LOVE DIGITS APPLICATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE LOVE DIGITS APPLICATION.

The use of the Love Digits application and service (collectively, the “App”) is governed by these Terms of Use. These Terms of Use expressly supersede prior agreements or arrangements with you. By using the App, you acknowledge that you have read the Terms of Use and the disclaimers contained therein and that you accept and agree to be bound by the terms thereof. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY DELETE THE APP AND CEASE USING IT.

ACCEPTANCE PROCEDURE

By accessing materials on the App you agree with these Terms of Use. The App includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the App and related materials. Love Digits reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your access to the App will be deemed to be your acceptance of, and agreement, to any such changed terms and conditions.

PRIVACY POLICY

Love Digits strongly values the privacy of your personal information. Therefore, we have established a Privacy Policy, which can be accessed on the privacy policy section of the app.

OUR SERVICES

The App provides you with astrological compatibility analysis, birth chart, information, and access to e-mail consultations (“Content”); audio and video consultations with astrologers, Ayurvedic specialists and yoga instructors (“Consultations”) and the ability to purchase products related to the Eastern philosophies promoted by the App (“Purchases”).

Love Digits takes care in the preparation of the Content, however, the Content not intended to amount to advice on which reliance should be placed. All liability and responsibility arising from any reliance placed on the Content is hereby disclaimed.

Consultations are provided by third party providers who are not employees or agents of Love Digits and Love Digits does not control the quality, relevancy or accuracy of any advice or information given by these third party providers during the Consultations. Love Digits only provides information on these third party providers and a means with which to communicate with them and does not and is not responsible for determining whether any third party provider is qualified to provide any the advice or information they offer. Provision of information about, and a means to communicate with, any third party provider does not constitute an endorsement, recommendation, warranty or guarantee by Love Digits about the competence or qualifications of any third party provider. .

Purchases can be made using the App and items available for purchase are produced and sold directly by independent vendors. Love Digits does not manufacture, store, or inspect any of the items sold through the App. Love Digits only provides (i) the ability for you to make a purchase and the ability for vendors to list the items on the App; and (ii) payment processing for Purchases. Love Digits does not make any warranties about their quality, safety, authenticity, or their legality of items sold by vendors. All items purchased through the App are shipped directly from the vendors to you and Love Digits has no control over the delivery. Any legal claim related to items you purchase through the App must be brought directly against the vendor of the item. You release Love Digits from any claims related to items sold through our App, including for non-delivery, defective items, misrepresentations by vendors, or items that caused physical injury (like product liability claims).


FOR ENTERTAINMENT USE ONLY

CONTENT AND CONSULTATIONS ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.

RULES OF SERVICE

We reserve the right to refuse service to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our App or using our Services. Furthermore, the expert astrologers and third party providers have the right to terminate communication at anytime if a customer’s comments and/or behavior is deemed by the expert astrologer to be inappropriate, abusive, or threatening. The expert astrologer or third party provider will report the termination to Customer Service and such a customer may be denied future access. Any such report made by an expert astrologer to us shall not be deemed a violation of our Privacy Policy.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER LOVE DIGITS LLC, NOR ANY OF ITS OR THEIR AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE APP, OR TO YOUR RELIANCE UPON ANY INFORMATION. IN PARTICULAR, LOVE DIGITS AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE APP, OR TO YOUR RELIANCE UPON ANY INFORMATION, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

DISCLAIMER - NO PROFESSIONAL ADVICE - NO RELIENCE ON THE TERM "EXPERT"

INFORMATION PROVIDED THROUGH OUR SERVICES, ON THE APP AND IN LOVE DIGITS MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN HOROSCOPES, VIRTUAL, E-MAIL CONSULTATIONS, AUDIO CONSULTATIONS AND VIDEO CONSULTATIONS AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. INFORMATION FROM LOVE DIGITS IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE APP OR INFORMATION RECEIVED THROUGH OUR SERVICES. LOVE DIGITS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE LOVE DIGITS APP OR IN LOVE DIGITS MATERIALS OR THROUGH OUR SERVICES. LOVE DIGITS IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY LOVE DIGITS, BY A LOVE DIGITS EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY PROVIDER YOU CONNECT WITH THROUGH THE APP, BY LOVE DIGITS SPONSORS OR BY OTHER USERS OF THE LOVE DIGITS APP OR SERVICES IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY LOVE DIGITS OR ITS SPONSORS OR OTHERWISE ON THE APP WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

GENERAL DISCLAIMER

THE INFORMATION PROVIDED ON, FROM OR THROUGH LOVE DIGITS, ITS SERVICES AND THE APP IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE APP AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LOVE DIGITS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APP AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, LOVE DIGITS AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LOVE DIGITS AND YOU. THE APP AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOVE DIGITS THROUGH THE APP OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. LOVE DIGITS MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

RESTRICTIONS; COMPLIANCE WITH LAWS

Your right to use the App and the Services is personal to you. You are solely responsible for the contents of your transmissions through the App and your use of the Services is subject to all applicable local, state, provincial, national and international laws and regulations. By using the App or the Services, you agree:

    1. not to use the App or the Services for illegal purposes;
    2. not to interfere with or disrupt networks connected to the App;
    3. to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the App or the Services to send electronic mail;
    4. not to use the App or the Services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;
    5. not to use the App or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
    6. not to interfere with any other user’s access to or use of the App or the Services.
    7. not to record or use any audio recording or retention devices/technology without the express written consent of Love Digits LLC
    8. not to speak or act in a manner that is deemed by the Company or other users to be inappropriate, abusive, or threatening.

Love Digits reserves the right, in its sole discretion, to immediately terminate your access to and use of the App or the Services without right to refund, for any violation of these Terms of Use.

LINKS TO SPONSORS AND OTHER THIRD PARTY SITES

Certain links on the App will let you leave the App. These linked sites, for example those of our sponsors, are not under the control of Love Digits, and Love Digits is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Love Digits of any such linked site or the products therein.

PAYMENTS AND FEES

Love Digits may make available to you various payment methods to facilitate purchases you make through the Love Digits App, all of which are provided by third parties (“Payment Provider”). You must abide by any relevant terms and conditions or other legal agreement with the Payment Provider, that governs your use of a given payment method. Love Digits reserves the right to add or remove payment methods and Payment Providers at its sole discretion and without notice to you. You agree to pay for any Love Digits services that you order and that the Payment Provider may charge you through payment methods available in your country, along with any additional amounts (including any taxes).

You are solely responsible for all levies and charges associated with purchases you make.

You are responsible for any taxes, and must pay for purchases without any reduction for taxes.

All sales are final, and no returns, replacements or refunds are permitted, unless you have been provided with defective items. In the event of defective items, you may return the item to the vendor and receive a replacement item.

INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF APP

The contents of the App, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. Love Digits hereby authorizes you to copy (electronically or in hard copy) materials published on the App or in print for non-commercial personal use only, provided that any copy of these documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the App or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Love Digits. No information or statement contained in these Terms of Use or the App shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Love Digits, its affiliates, or any third party. Love Digits may, at our discretion, limit or restrict the access and use of the App of any users who infringe the intellectual property rights in the manner described above.

CONSENT TO RECEIVE EMAIL SUBMISSIONS

By submitting your email address to the App, You consent to receive periodic email communications from the App concerning its products and services. You may opt-out of receiving email communications at any time by following the unsubscribe instructions contained in each email

MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)

You acknowledge that you are responsible for any submission you make (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the App any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Submissions shall be deemed to be non-confidential and non-proprietary. Love Digits shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to Love Digits and the App, you automatically grant to Love Digits LLC a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of Love Digits to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant Love Digits LLC the right to publicly display all or a part of such Submission on the App or in any other format or media at any time.

Please note that Love Digits does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall not include personally identifiable information, which shall be treated by Love Digits in accordance with our Privacy Statement.

This App (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Love Digits LLC, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this App are also copyrighted works, and Love Digits LLC, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this App. By posting or submitting content on or to the App (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Love Digits LLC, and its affiliates, agents and third party contractors the right to display or publish such content on the App and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the App made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the App, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and Love Digits LLC, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Love Digits LLC, its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by Love Digits LLC and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Love Digits LLC all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Love Digits LLC, this App or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

We reserve the right to edit, remove or not publish Submissions without prior notice.

DMCA POLICY

If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please make copyright notifications to us @ Info@lovedigits.com

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Love Digits, Love Digits LLC its and their affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms, and (ii) your use of this App or the Services.

DISPUTES GOVERNING LAW

This Agreement shall be treated as though it were executed and performed in the State of Delaware, United States of America and shall be governed by and construed in accordance with the laws of Delaware (without regard to conflict of laws principles).

(a) REQUIREMENT OF ARBITRATION

BY USING THE SITE, THE SITE MATERIALS, AND/OR THE CONTENT, YOU THEREBY AGREE WITH LOVE DIGITS AND ITS AFFILIATES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE AMERICAN ARBITATION ASSOCIATION (AAA) OR A SIMILAR ENTITY. AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES OR INDEMNIFIED PARTIES, OR ANY CLAIM LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SITE MATERIALS, THE CONTENT, AND/OR ANY ADVERTISING RELATING TO THE SITE, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING (1) CLAIMS BY LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES TO COLLECT FROM YOU UNPAID FEES AND LATE FEES; AND (2) ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE “REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF” SUBSECTION. EXCEPT AS OTHERWISE EXPLICITYLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE ADR SIMPLIED ARBITRATION RULES THEN IN EFFECT (THE “SIMPLIFIED RULES”).

(b) WAIVER OF RIGHT TO A JURY TRIAL

BY REGISTERING FOR OR USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ALSO ARE AGREEING WITH LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES THAT YOU AND LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES, BOTH PARTIES STILL AGREE TO WAIVE TRIAL BY JURY.

(c) JOINDER OF CLAIMS

BY USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ARE FURTHER AGREEING WITH LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES THAT NEITHER YOU NOR LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR LOVE DIGITS, LOVE DIGITS LLC, AND ITS AFFILIATES WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

(d) FINALITY, APPLICATION OF ARBITRATION AWARD

ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(e) INTERPRETATION

In rendering an award, the arbitrator shall apply the substantive and procedural law of Delaware, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.

(f) HEARINGS; FEES & COSTS

Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Simplified Rules would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Simplified Rules, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys’ fees.

(g) REMEDIES IN AID OF ARBITRATION; EQUITBLE RELIEF

This agreement to arbitrate will not preclude either You or Love Digits, Love Digits LLC, and its affiliated entities from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either You or Love Digits, Love Digits LLC, and its affiliated entities from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of You, Love Digits, Love Digits LLC, or its affiliated entities. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE COURTS LOCATED IN DELAWARE; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS. Any cause of action brought by you against Love Digits, Love Digits LLC, or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

MISCELLANEOUS

These Terms constitute the sole agreement between you and Love Digits and its affiliated entities relating to your use and our provision of the App and the Services and the subject matter hereof. The laws of the State of Delaware govern these Terms in all respects, without giving effect to conflicts of laws principles.

Additional Terms:

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must (a) be eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use download, install, access or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Celebrity Endorsement.

Any celebrity endorsement within the app will CLEARLY be advertised on the appropriate page. If NO advertising of endorsement is given then it MUST be presumed that an individual has not been endorsing and Love Digits will not be held liable for any claims.

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