Terms of Use

Lovelye Spirit Terms of Use

(Effective as of October 6, 2013)

Welcome to the version of Lovelye Spirit’s website located at www.lovelyespirit.com (“the Site”).The Site and the Service are made available by RedMoon Consulting LLC (“us,” “we,” or “Lovelye Spirit”). The following terms and conditions (“Terms of Use”) govern access to and use of the Site and the Service. Please review the following terms carefully. By accessing and using the Service, you (“you” or the “User”) agree to be bound by these Terms of Use and all policies and guidelines incorporated by reference in these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Service.

These Terms of Use include a release by you of all claims for damage against us that may arise out of your use of the Service or the Site. By using any of these, you agree to this release.

PRIVACY POLICY

Lovelye Spirit respects the privacy of its Users. Please refer to Lovelye Spirit’s Privacy Policy (found here: http://www.lovelyespirit.com/lovelye-spirit/privacy-policy/) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service or the Site, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE

The Service is an online employment recruiting platform that allows Users to post resumes, photographs and contact information and allows employment recruiters (“Recruiters”) and employers (“Employers”) to view User resumes. The Service also allows Users to send messages to and receive messages from Recruiters, Employers, and other Users.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 18 years old to register for and use the Service. By registering for the Service, you represent and warrant that you are 18 years of age or older.

You agree to notify us immediately of any unauthorized use of your password and/or account. Lovelye Spirit will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

When you create your own personalized account, you will be able to upload your resume, photograph and contact information to the Site and you will be able to send messages to and receive messages from Recruiters, Employers, and other Users (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

We reserve the right to remove User Content that is deemed inappropriate at our discretion without prior notification to the User.

PAYMENT TERMS

The Service is free to Users.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening,      obscene, defamatory, libelous, or racially, sexually, religiously, or      otherwise objectionable and offensive;
  • use the Service for any unlawful purpose or for the      promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or      group;
  • use another User’s account without permission;
  • provide false or inaccurate information when      registering an account;
  • interfere or attempt to interfere with the proper      functioning of the Service;
  • make any automated use of the Service or the Site, or      take any action that we deem to impose or to potentially impose an      unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we      take to restrict access to the Service or use any software, technology, or      device to scrape, spider, or crawl the Service or harvest or manipulate      data; or
  • publish or link to malicious content intended to damage      or disrupt another User’s browser or computer.

POSTING RESTRICTIONS

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the      activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false      or inaccurate;
  • You will not submit content that is copyrighted or      subject to third party proprietary rights, including privacy, publicity,      trade secret, etc., unless you are the owner of such rights or have the      appropriate permission from their rightful owner to specifically submit      such content; and
  • You hereby affirm we have the right to determine      whether any of your User Content submissions are appropriate and comply      with these Terms of Use, remove any and/or all of your submissions, and      terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Lovelye Spirit is not responsible for any public display or misuse of your User Content. Lovelye Spirit does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

You are solely responsible for your interactions with other Users and with Recruiters and Employers on the Site and through the Service. You understand that Lovelye Spirit does not in any way screen its Users, nor does Lovelye Spirit inquire into the backgrounds of its Users or attempt to verify the statements of its Users. Lovelye Spirit makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by Lovelye Spirit, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Lovelye Spirit does not guarantee the accuracy, completeness, or usefulness of any information accessed on the Site or through the Service and neither does Lovelye Spirit adopt nor endorse, nor is Lovelye Spirit responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Lovelye Spirit. Lovelye Spirit takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Under no circumstances will Lovelye Spirit be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or the Service, or transmitted to Users.

Though Lovelye Spirit strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. Lovelye Spirit reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a User’s access to the Service or take other appropriate action if a User violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Lovelye Spirit shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of Users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please report it to us at info@lovelyespirit.com . Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms of Use or other applicable agreements between us and the alleged violator of the Terms of Use, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. Please note that a personal reply to reports you submit to us may not always be possible.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, Lovelye Spirit may run advertisements and promotions or provide you with convenient links to third party website(s) (“Third Party Sites”), as well as articles, videos, webinars, photographs, text, graphics, pictures, designs, music, sound, video, information, and other materials, content or items belonging to or originating from third parties (the “Third Party Content”). The content and links are provided as a courtesy to Users. Lovelye Spirit has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Lovelye Spirit, and Lovelye Spirit is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Lovelye Spirit. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. Lovelye Spirit respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Lovelye Spirit has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Service, or the Site who are repeat infringers. Lovelye Spirit may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Lovelye Spirit’s designated copyright agent at The Lovelye Spirit, LLC, 833 Broadway, 5th Floor, New York, NY 10003:

  • The date of your notification;
  • A physical or electronic signature of a person      authorized to act on behalf of the owner of an exclusive right that is      allegedly infringed;
  • A description of the copyrighted work claimed to have      been infringed, or, if multiple copyrighted works at a single online site      are covered by a single notification, a representative list of such works      at that site;
  • A description of the material that is claimed to be      infringing or to be the subject of infringing activity and information      sufficient to enable us to locate such work;
  • Information reasonably sufficient to permit The Lovelye      Spirit to contact you, such as an address, telephone number, and/or email      address;
  • A statement that you have a good faith belief that use      of the material in the manner complained of is not authorized by the      copyright owner, its agent, or the law; and
  • A statement that the information in the notification is      accurate, and under penalty of perjury, that you are authorized to act on      behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  • Your physical or electronic signature;
  • A description of the content that has been removed and      the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the      content was removed as a result of mistake or a misidentification of the      content; and
  • Your name, address, telephone number, and email      address, a statement that you consent to the jurisdiction of the federal      court in the Commonwealth of Massachusetts and a statement that you will      accept service of process from the person who provided notification of the      alleged infringement.

If a counter-notice is received by the Lovelye Spirit copyright agent, Lovelye Spirit may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may (in Lovelye Spirit’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Lovelye Spirit a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks, and other proprietary rights. “The Lovelye Spirit” and other Lovelye Spirit graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of Lovelye Spirit in the U.S. and other countries. You may not use Lovelye Spirit’s trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Lovelye Spirit endorses any product or service. You may not reproduce or use Lovelye Spirit’s trademarks or trade dress without the prior written permission of Lovelye Spirit. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO LOVELYE SPIRIT

Communications made through the Site will not constitute legal notice to Lovelye Spirit or any of its officers, employees, agents or representatives in any situation where notice to Lovelye Spirit is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Lovelye Spirit in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Lovelye Spirit provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about Lovelye Spirit and special offers. You may opt out of such email by changing your account settings or sending an email to info@lovelyespirit.com

WARRANTY DISCLAIMER

THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOVELYE SPIRIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOVELYE SPIRIT MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

LOVELYE SPIRIT DOES NOT GUARANTEE THAT USE OF THE SERVICE WILL RESULT IN YOU OBTAINING A JOB WITH ANY RECRUITER OR EMPLOYER AND YOU ACKNOWLEDGE THAT LOVELYE SPIRIT HAS NO RESPONSIBILITY REGARDING YOUR ABILITY TO BE HIRED BY ONE OF THE RECRUITERS OR EMPLOYERS VIA THE SITE OR THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOVELYE SPIRIT, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, SERVICE DOWNTIME, LOST OPPORTUNITY, REPUTATIONAL HARM, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LOVELYE SPIRIT OR ANY OTHER USER OR RECRUITER OR EMPLOYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOVELYE SPIRIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more Users, Recruiters, Employers or any other third party resulting from or arising out of or in connection with your use of the Service or Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site or the Service, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Lovelye Spirit’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Lovelye Spirit. No purported waiver or modification of this Agreement by Lovelye Spirit via telephonic or email communications shall be valid.

TERMINATION

Lovelye Spirit may terminate or suspend your account or ability to use the Site or the Service, in whole or in part, without notice in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Service, (ii) your conduct may harm Lovelye Spirit or others or cause Lovelye Spirit or others to incur liability, or (iii) as otherwise determined by Lovelye Spirit in its sole discretion.

Lovelye Spirit may modify the Service, and all content, software and other items used or contained in the Service, at any time. You may terminate your Lovelye Spirit registration at any time by providing Lovelye Spirit with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Lovelye Spirit at any time after your termination of your account.

ARBITRATION

The Lovelye Spirit and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement.

If you intend to seek arbitration you must first send written notice to The Lovelye Spirit’s Customer Care Center of your intent to arbitrate (“Notice”). The Notice to The Lovelye Spirit should be sent by any of the following means: (i) electronic mail to info@lovelyespirit.com; or (ii) sending the Notice by U.S. Postal Service certified mail to The Lovelye Spirit, Attn: Customer Relations, 833 Broadway, 5th Floor, New York, NY 10003. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or The Lovelye Spirit may commence an arbitration proceeding.

The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.

Except as otherwise provided for herein, The Lovelye Spirit will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AA Rules. In such case, you agree to reimburse The Lovelye Spirit for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

You agree that, by entering into this Agreement, to the extent permitted by applicable law, you and The Lovelye Spirit are waiving the right to a trial by jury.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and The Lovelye Spirit agree that YOU AND THE LOVELYE SPIRIT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Lovelye Spirit to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Lovelye Spirit must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.

Lovelye Spirit may assign or delegate these Terms of Use and/or the Lovelye Spirit Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Lovelye Spirit’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY at http://www.lovelyespirit.com/lovelye-spirit/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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