This is a legal Agreement (the "Agreement") between you and LoveTornado.com ("Love Tornado"), the owner and provider of LoveTornado.com. Please read this Agreement carefully before registering for the Love Tornado service. Love Tornado is a service through which adults (the "Member") can meet other adults with similar interests and backgrounds online (the "Service").
By registering for Love Tornado, you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. You further acknowledge that by agreeing to be bound by the terms and conditions of service you also agree to be liable for the wrongful acts and omissions relating to your use of the service committed by any agents appointed by you to furnish Love Tornado with information concerning you. If you do not agree to the terms, please do not register for the Love Tornado Service. The terms are subject to change by Love Tornado at any time, effective upon notice to you by the posting on the Love Tornado Site, and your use of the Service after such posting will constitute acceptance by you of such changes.
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| 1. Acknowledgement and Acceptance of Terms & Conditions |
1.1 The Service is provided to you under the terms and conditions of this Agreement, and the Love Tornado Privacy Policy.
1.2 You must be at least 18 years of age to register as a Member of Love Tornado or use the Site. Membership in the Service is void where prohibited.
1.3 By completing the registration process and using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions in the Agreement.
1.4 If you wish to obtain a copy of this Agreement in non-electronic form, please contact Love Tornado at the address listed on our About page.
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| 2. Member's Registration Information |
2.1 As a condition for using the Service, you agree to provide true, accurate, current and complete information about yourself as prompted during the registration process and to maintain and update this information to keep it true, accurate, current and complete.
2.2 If any information provided by you or your agents is found to be untrue, inaccurate, non-current or incomplete, Love Tornado has the right to terminate your account and refuse any and all current or future use of the Love Tornado Service.
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| 3. Content Posted By You |
3.1 You hereby acknowledge, understand and agree that all information disclosed by you to Love Tornado and any of its other companies, has been disclosed freely and knowingly, and that any and all information posted in or on the Love Tornado Site or any other Site owned by Love Tornado will be used in furtherance of the services Love Tornado offers. The information will not be disclosed knowingly or willfully to any third party without your authorization, except as may otherwise be permissible by this Agreement and required by the Services offered by Love Tornado.
3.2 You acknowledge that by submitting any type of communications to Love Tornado, no fiduciary, confidential, contractually implied or other relationship is created between you and Love Tornado or any of its subsidiaries or affiliates other than those expressly subject to these terms and conditions.
3.3 Anytime you as a Member upload files, messages, enter data or engage in any other form of communication, individually or collectively, within the Site, you grant to Love Tornado a perpetual, world wide, irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license to use, including but not limited to promotional and advertising purposes, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
3.4 Love Tornado has and reserves the right to remove any content that it deems, in its sole and absolute discretion and in compliance with relevant laws, does not comply with the terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.
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| 4. Member Information & Email |
4.1 Love Tornado considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. Love Tornado shall not disclose such information to any third parties without your consent. However, you acknowledge and agree that Love Tornado may in good faith disclose such information if it is reasonably necessary:to comply with the law; to enforce the Agreement; to respond to claims that such content violates the rights of third-parties; and to protect the rights or interests of Love Tornado and its users.
4.2 You understand and agree that Love Tornado may access the content of your account in order to identify and resolve technical problems or service complaints.
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| 5. Modifications to Service Agreement |
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Love Tornado reserves the right, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. You will be informed of any such changes by a message on the Manage Your Profile page of the Service stating that the Agreement has changed. Changes in these terms and conditions will be effective from the time they are posted on the site. Your continued use of the Service after Love Tornado has posted such notice constitutes your acceptance of any such changes.
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| 6. Modifications to Service |
6.1 Love Tornado reserves the right to modify or discontinue, temporarily or permanently, the LoveTornado.com Service with or without notice to you.
6.2 You agree that Love Tornado shall not be liable to you or any third party for any modification or discontinuation of the Service.
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| 7. Member Conduct |
7.1 You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other Love Tornado members.
7.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the LoveTornado.com Service. You also agree not to interfere with the use and enjoyment of the Service by other members.
7.3 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
7.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
7.5 You agree not to transmit "junk mail", "spam," "chain letters,' or unsolicited mass distribution of email, or to use the LoveTornado.com Service for any commercial purposes.
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| 8. Use of Site |
8.1 You agree not to interfere or attempt to interfere with the operation of the site (the "Site"), Service and/or Software use to operate the Site and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these terms and conditions.
8.2 You and/or any Member and/or Guest may not at any time attempt to use or act upon any software, robot, and bot, spider and/or any other means of entering the Site and/or Service. You may not post any type of service for any reason.
8.3 You agree not to include in your public profile any offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Site or the Service, which are accessible to the public or Love Tornado's general membership.
8.4 Love Tornado reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.
8.5 Your membership in the LoveTornado.com Service is for your sole personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.
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| 9. No Resale of Service |
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You agree not to resell the LoveTornado.com Service or use of or access to the Service.
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| 10. Privacy Policy |
10.1 Love Tornado is committed to ensuring your personal information is protected. This privacy policy was created to demonstrate our commitment to protecting your personal information and informing you about how we handle any information we receive from you. This privacy policy only applies to transactions and activities in which you engage, and data gathered, on the Love Tornado Website (collectively, the "Site") but does not apply to any other Website or offline point of contact between Love Tornado, or any other company, and consumers, that we do not control. Please note Love Tornado reserves the right to change our privacy policy at any time. If such a change occurs you will be notified via our Site. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time. If you have any issues with the content on our site or with this privacy statement or the way your personal information is being handled please contact Love Tornado.
10.2 Your IP Address: Each time you visit the Site, we automatically collect your IP address and Love Tornado Cookie information. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
10.3 Cookies: Cookie files written to your computer are used for record keeping purposes on some sites, including Love Tornado. We can also use cookies to optimize performance and provide member authentication. Third party advertisers on the Site may also place or read cookies on your browser. To disable these cookies, simply go to the "help" portion of the toolbar on your browser and this should tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the Site.
10.4 What We Collect From You: We collect "personal information" from you. We do this in order to operate the Site and to occasionally display advertisements about products or services that may be of interest to you. Personal Information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. Further, we collect certain "demographic information", that is information that is neither personal information nor financial information; this may include, but is not limited to, zip code, gender, username, and age/birth date. We do not knowingly collect personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.
10.5 What Other Websites Collect From You: Our Site contains links to other websites. You need to be aware that when you click on these links and visit these other websites, (regardless of whether or not they contain our brand names, trademarks and other intellectual property), we do not control these other websites or these other websites' business practices, and that this privacy policy does not apply to these other websites. Each of these websites should have its own Privacy Policy if it is collecting personal information about you. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.
10.6 How We Use Personal Information: We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your membership and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with Love Tornado), and to forward messages to you from other Love Tornado users. These types of communications are known as "Operational Communications." to operate the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of email origination, receipt or support services, and customer relationship management services. We require these entities not to use your information for any other purpose. any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them. Please read the information below under the heading "Special Cases in which we Share Personal Information" to learn more ways in which we may share your personal information.
10.7 Special Cases in which we Share Personal Information: Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy or to comply with the law or to protect the interests or safety of Love Tornado or other visitors to the Site.
10.8 How We Use Public Information and Other Demographic Information: We may review all your demographic information. We may use public information to enable other users to determine whether they are a match for you and to communicate with you. We may use demographic information to tailor the Site and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to Love Tornado's users, so that we may target specific ads at specific demographic groups. Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular Love Tornado users are members of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group.
10.9 Our Security Precautions: The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
10.10 Changing our Privacy Policy for Previously Gathered Information: If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Site. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change.
10.11 How You Can Access and Update Your Email Preferences, Personal Information and Public Information: We give you the opportunity to modify personal information or demographic information you have provided to us, at anytime. Please note that changing or deleting your information, will only change or delete the data in our database for purposes of future activities on the Site and for managing future communications from Love Tornado. These changes and deletions will not change or delete emails or information that we may have already forwarded to other users or any other third parties, all as provided above in this privacy policy.
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| 11. Termination |
11.1 You agree that Love Tornado may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or your attempt to assign your account to a third party. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that Love Tornado may immediately delete files in your account and bar any further access to it. Love Tornado may also impose limits on certain services and features or restrict your access to parts or the entire Site without notice or liability.
11.2 You acknowledge and agree that any suspected fraudulent, abusive or illegal activity may be termed as grounds for termination of your account and may be referred to appropriate law enforcement authorities.
11.3 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership with the Service; and then notify Love Tornado of termination by sending an e-mail to lovetornado.admin@gmail.com.
11.4 Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If Love Tornado terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any recourse. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
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| 12. Dealing with Advertisers, Vendors & Other Third Parties |
12.1 You acknowledge and agree that any and all links from Love Tornado and/or all other sites owned and/or operated by Love Tornado on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement from Love Tornado or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the Member to evaluate the content and usefulness of information from these links.
12.2 Because Love Tornado has no control over such sites and recourses, you acknowledge and agree that Love Tornado is not responsible for the availability or content of such external sites or resources.
12.3 You agree not to hold Love Tornado liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the Love Tornado Site.
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| 13. Proprietary Rights |
13.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Love Tornado, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by Love Tornado, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the site.
13.2 To the fullest extent permitted by law, you acknowledge and agree that any material you or your agents send to Love Tornado, by email or otherwise, including any suggestions and comments on Love Tornado, the site, LoveTornado.com, the Service and/or the Software or that you post in any areas on the Service that are accessible to the public or Love Tornado's general membership, will be treated as non-confidential and non-proprietary and Love Tornado may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that no commission or money will be exchanged in return.
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| 14. Disclaimer of Warranties |
14.1 The Service and the materials available on or through the LoveTornado.com Service are provided "as is" and "as available" and without warranties or conditions of any kind, either express or implied.
14.2 To the fullest extent permissible under applicable law, Love Tornado disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.
14.3 Love Tornado does not represent or warrant that the LoveTornado.com Service will be uninterrupted or error-free, or that defects will be corrected, or that this Site or the server that makes it available, are free of viruses or other harmful components. Love Tornado does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.
14.4 Love Tornado is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. Further, Love Tornado has not and does not conduct criminal background checks on its users.
14.5 Love Tornado is not responsible for any member's "verified" status, you agree and accept that Love Tornado has not done any due diligence on the materials or information they provided, but has simply relied on the information submitted by the members, which may or may not be accurate or truthful.
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| 15. Limitation of Liability |
15.1 To the fullest extent permissible under applicable law, Love Tornado shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from: the use of or the inability to use the LoveTornado.com Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, any information concerning the financial status sent to Love Tornado by a member, or any transactions entered into through the Service.
15.2 You specifically agree that Love Tornado is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
15.3 In no event, except in jurisdictions where such provisions are restricted, shall Love Tornado and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, the Service, Love Tornado, any and all other sites, any and all services, advertising, banners, and/or any part of the Site and/or any service or services offered, even if Love Tornado has been advised of the possibility of such damages.
15.4 At all times Love Tornado and all of its other services and companies shall never in any way be liable to you for more than the amount paid.
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| 16. Indemnification |
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You agree to indemnify and hold harmless Love Tornado and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, from any loss, liability, claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from your use of the LoveTornado.com Service and your use of the Service in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth within this Agreement.
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| 17. Notice |
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Any notice to Love Tornado shall be made via email or regular mail as listed under the About section on the Site. If the notice concerns your withdrawal from the Service as specified in section 11.3, it will be effective within a reasonable time after Love Tornado receives it. Your withdrawal notice will not affect the legal validity or enforceability of the Agreement provided to you and electronically signed by you prior to the effective date of your withdrawal.
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| 18. General |
18.1 The Agreement and the relationship between you and Love Tornado shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and Love Tornado agree to submit to the personal and exclusive jurisdiction of the state courts located in Cuyahoga County, Ohio or the United States District Court for the Northern District of Ohio.
18.2 Love Tornado's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
18.3 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
18.4 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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| 19. Profile Disclaimer |
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Love Tornado posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any time you suspect anyone of wrongdoing or if at any time you feel the need to contact Love Tornado about a violation of its policy and/or policies please contact Love Tornado through email at the address listed in the About section of the Site.
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| 20. United States Export Controls |
Any and/or all software from Love Tornado and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this Site be downloaded or otherwise exported or re-exported:
a. into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed goods; or
b. to anyone on the United States Treasury Department's Table of Denial Orders. By using this Site and any Software and/or by downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Country or on any such list.
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| 21. Disclaimers |
21.1 Love Tornado assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with Love Tornado and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees.
21.2 Love Tornado cannot guarantee and does not promise any specific results from use of the Service and/or the Site of Love Tornado.
21.3 Love Tornado does not guarantee the accuracy of any statements provided to Love Tornado from the member, within the Love Tornado guidelines.
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| 22. Other |
22.1 The criteria of being a member specified by Love Tornado are also subject to change without notice. These criteria are posted on the Site.
22.2 Users have to meet the current criteria to use the LoveTornado.com Service.
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