PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. THIS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU
AND 1OVE. ("1OVE," "WE" OR "US") FOR THE USE OF THE 1OVE APPLICATION (THE "APP") AND ANY
RELATED 1OVE WEB OR MOBILE SITES WHICH LINK TO THESE TERMS (THE "SITES"). THE APP AND THE SITES WILL
COLLECTIVELY BE REFERRED TO AS THE "SERVICE." BY DOWNLOADING, ACCESSING OR USING THE APP OR
OTHERWISE ACCESSING ANY PORTION OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND
CONDITIONS CONTAINED IN THIS EULA.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW,
YOU AGREE THAT DISPUTES BETWEEN YOU AND 1OVE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
To the full extent permitted by applicable law, we reserve the right to change or modify any of the
terms and conditions contained in these Terms or any related policy or guideline, at any time and in
our sole discretion by providing notice these Terms have been modified. Such notice may be provided
by sending an email, by posting a notice in the App or the Sites, by posting the revised Terms in
the App and on the Sites and revising the date at the top, or by such other form of notice as we may
determine is appropriate. Your continued use of the App following the posting of the revised Terms
or other notice of such changes will constitute your acceptance of such changes or modifications.
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Privacy Policy, Contacts and Location Information. Please refer to our Privacy
Policy for
information on how we collect, use, and disclose information from users of the Service. Note
that if you give your permission, 1OVE may access your contacts from your mobile device's
address book and from social media accounts in order to enable you to invite and share
information with your friends and family. 1OVE may also collect your location information with
your permission and may use this for purposes such as sending you notifications, information,
advertising, and deals that are relevant to your location. See our Privacy Policy for more
information on these features and on how to disable them.
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Copyright and Limited License. (a) The App contains the valuable proprietary
content of 1OVE and
its licensors and users and is protected by copyright and other intellectual property laws and
treaties. You agree not to use the App except in its intended manner in accordance with these
Terms.(b) The App is licensed, not sold to you. Subject to the terms, conditions and limitations
set forth in these Terms, 1OVE grants you a limited, non-exclusive, non-transferable and
non-sublicensable license to use the App on any mobile device that you own or control and to
access and use the Sites, solely for your personal, noncommercial use. The terms of the license
will also govern any upgrades we provide that replace and/or supplement the original App, unless
such upgrade is accompanied by a separate license in which case the terms of that license will
govern. We reserve the right to terminate this license at any time at our sole discretion.
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License Limitations. You agree not to do, or authorize or permit any third
party to do, any of
the following: (i) rent, lease, lend, sell, redistribute or sublicense the App or the Sites or
make any commercial use thereof; (ii) copy, decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify, or create derivative works of any portion of the App or the
Sites (except to the extent any such restrictions are prohibited by applicable law); (iii)
modify, alter or create any derivative works of the App or the Sites; (iv) remove, alter or
obscure any copyright, trademark or other proprietary rights notice on or in the App or the
Sites; (v) use any data mining, robots or similar data gathering or extraction methods; or (vi)
use the App or the Sites other than for their intended purpose or in a manner that interferes
with the use and enjoyment of the Service by other users. If you violate any of the foregoing
restrictions, your use of the Service will be unlicensed and will infringe our copyright and
other rights, which may subject you to prosecution and damages. We reserve all rights not
expressly granted to you herein.
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Alerts and Notifications; Consent to Use of Mobile Communications. As part of
the Service, you
may (if enabled) receive push notifications, text messages, alerts, emails, or other types of
messages directly sent to you outside or inside the App ("Push Messages"). You have control over
the Push Messages settings, and can opt in or out of these Push Messages through the Services
(with the exception of important service announcements and administrative messages). You consent
to our communicating with you about the App or in connection with the features, functions and
activities contained therein by SMS, text message, email or other electronic means. Your
carrier's normal messaging, data, and other rates and fees will apply to these communications.
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Third Party Sites and Services; Third Party Materials. The Sites and the
Service may
provide
links to third party web sites, applications, service providers, or other third party products
and services ("Third Party Services'') and may also display, link to or otherwise make available
third party content, data, information, events, applications or materials ("Third Party
Materials"). 1OVE does not endorse or control and makes no representations or warranties of any
kind regarding any Third Party Services or Third Party Materials, including regarding the
content, accuracy, quality, nature, appropriateness, decency, functionality, performance,
reliability, completeness, timeliness, validity, safety, legality, or any other aspect thereof.
If you access or use any third party website, you should be aware that 1OVE's terms and policies
no longer govern. You should review the applicable terms and policies, including privacy and
data gathering practices, of any third party web site to which you navigate from the Service.
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User Content and Conduct. You are solely responsible, and assume all
liability, for all
text, photos, videos, graphics, messages, materials, data, information, and other content or
materials ("User Content") that you post or transmit using the Service, or that are posted
or transmitted using your account, as well as for your conduct and the conduct of anyone
using your account. You agree that 1OVE is not in any way responsible for any User Content,
or for any loss or damage thereto, or for the conduct or content of other users that you may
encounter as a result of using the Service. Company is also not liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you
may encounter. Your use of the Service is at your own risk.
You agree that the User Content you post or transmit using the Service will not infringe or
violate the rights of any third party (including copyrights, trademarks and rights of
privacy or publicity), violate any applicable law, rule or regulation, and will not be
unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing,
threatening, harmful, abusive, inflammatory, false, misleading, or fraudulent or contain any
viruses, corrupted data or other harmful, disruptive or destructive files. If you post any
third-party materials, such as professional photographs, you must first obtain permission
from the copyright owner in such materials to do so. You understand and agree that the
Service is intended solely to post User Content regarding weddings and other social events
("Events") and that you may only use the Service to post and share User Content related to
such Events.
You further agree that you will not do any of the following in connection with your use of
the Service or its users:
- Use the App in any manner that could interfere with, disrupt, negatively affect or
inhibit other users from fully enjoying the App or that could damage, disable,
overburden, impair or circumvent the intended the functioning of the App in any manner;
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Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
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Use the service to advertise, solicit, or transmit any commercial advertisements,
including chain letters, pyramid schemes, junk e-mail, spam or repetitive messages;
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Impersonate any person or entity or otherwise misrepresent your affiliation with a
person or entity;
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Use or attempt to use another user's account, or access or view another user's messages,
without authorization;
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Compromise the security of the Service or attempt to circumvent any security or
identification features or techniques we employ;
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Use the App or the Service for any illegal or unauthorized purpose or engage in,
encourage, or promote any illegal activity; or
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Violate the publicity, privacy, or data-protection rights of others.
Enforcement of these user content and conduct rules is solely at our discretion, and these
rules do not create any private right of action on the part of any third party or any
reasonable expectation that the App will not contain any content or conduct that is
prohibited by such rules. As a provider of interactive services, 1OVE is not liable for any
statements, representations or User Content provided by its users in connection with the
Service. Although we have no obligation to do so, we reserve the right to remove, screen, or
disable access to any User Content at any time and for any reason without notice, and you
are solely responsible for creating backup copies of any User Content you transmit through
the Service.
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Ownership and Use of User Content. You retain all ownership rights in your
User Content.
You understand that any User Content you post to the Service will be publicly available
unless it is designated otherwise through the applicable privacy settings established by the
owner of the page for the wedding or other Event (the "Event Page") where the User Content
is posted (typically the wedding couple or Event host). The settings are available on the
Event admin page on the 1OVE web site You also grant 1OVE and its affiliates and
sublicensees the right to use the name that you submit in connection with such content. You
understand and agree that the use of a user’s name, likeness, voice or identity in
connection with various features on the Service does not imply any endorsement of such
feature or of the Site of the Company unless explicitly stated otherwise.
You represent and warrant that (a) you own and control all of the rights to the User Content
that you post or you otherwise have the right to post such User Content to the Site and
grant the rights you grant in these Terms; (b) the User Content is accurate and not
misleading; and (c) your use and posting of the User Content does not violate these Site
Terms; and (d) neither your use and posting of any User Content, nor the use thereof by 1OVE
or its users in connection with the Service, will not infringe upon or violate any rights
of, or cause injury to, any person or entity.
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Feedback. You agree that any feedback, suggestions, ideas, or other information
or materials regarding the App or the Service that you provide, whether by email or otherwise
("Feedback"), are non-confidential and shall become the sole property of 1OVE. We will be
entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial
or otherwise, without acknowledging or compensating you. You waive and assign to us any rights
you may have to the Feedback (including any copyrights or moral rights).
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Termination or Modification of Service. 1OVE reserves the right to modify,
suspend, remove, or discontinue the App or other aspects of the Service or to terminate your
account or disable or suspend your access to the App at any time without notice, including
terminating or suspending the hosting of your Event Page). In no event will 1OVE be liable
for the removal of or disabling of access to the App or any portion or feature thereof or
your User Content. 1OVE may also at any time upon notice impose time limits, files size
limits, conditions or fees with respect to the hosting of Event Pages or other aspects or
features of the Service.
In the event of any termination for any reason: (a) the license granted to you in these Terms
will terminate; (b) you must immediately upon receiving any notice of termination cease all
use of the App and destroy or erase all copies of the App in your possession or control; and
(c) Sections 2(a) and 3 - 23 of these Terms will survive any such termination. Any use of
the App after termination is unlicensed and is in violation of the copyright and other
rights of 1OVE.
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Your Account. When you create an account, you agree to: (a) provide accurate,
current and
complete information about you as may be prompted when you register ("Registration Data"); (b)
maintain the security of your password and identification; and (c) maintain and promptly update
the Registration Data to keep it accurate, current and complete. You are responsible for making
sure that you keep your password secure and safe, and you accept all responsibility for any
activity that occurs through your account, with or without your knowledge. You agree that you
will not do anything that might jeopardize the security of your account, including sharing your
password with or logging in through unauthorized third-party applications or clients. If you use
any such application or client, you acknowledge and agree that we will bear no responsibility
for any actions taken by those applications or clients, such as any breach of or unauthorized
use of your account information or messages.
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Repeat Infringer Policy. In accordance with the Digital Millennium Copyright
Act ("DMCA") and
other applicable law, 1OVE has adopted a policy of terminating, in appropriate circumstances and
at our sole discretion, subscribers or account holders who are deemed to be repeat infringers.
We may also in our sole discretion limit access to the Site and/or terminate the accounts of any
users who infringe any intellectual property rights of others, whether or not there is any
repeat infringement.
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Copyright Complaints. If you believe that anything on the Service infringes
upon any copyright which you own or control you may file a notification of such infringement
with our Designated Agent at the following Email: contact@1ove.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should
note that if you knowingly misrepresent in your notification that the material or activity
is infringing, you will be liable for any damages, including costs and attorneys' fees,
incurred by us or the alleged infringer as the result of our relying upon such
misrepresentation in removing or disabling access to the material or activity claimed to be
infringing.
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Trademarks. 1OVE, the 1OVE logos and any other 1OVE product or service name or
slogan contained in the Service are trademarks of 1OVE, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of 1OVE or the applicable trademark
holder. You may not use any metatags or any other "hidden text" utilizing "1OVE" or any other
name, trademark or product or service name of 1OVE without our prior written permission. In
addition, the look and feel of the Service, including all page headers, custom graphics, button
icons and scripts, is the service mark, trademark and/or trade dress of 1OVE and may not be
copied, imitated or used, in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product names and company names or logos mentioned in the
Service are the property of their respective owners. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier or otherwise
does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
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Indemnification.You agree to defend, indemnify and hold harmless 1OVE, and its
employees, contractors, service providers, consultants, directors, and agents, from and against
any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable
attorneys' fees) arising out of or related to: (a) any User Content or messages you transmit
through the Service; (b) your conduct in connection with the Service; (c) your violation of
these Terms; or (d) your violation of the rights of any third party.
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DISCLAIMERS.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS
AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS
AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 1OVE HEREBY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED
OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET
ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
1OVE CANNOT AND DOES NOT WARRANT THAT THE APP WILL FUNCTION CORRECTLY AND WITHOUT DELAYS OR
DISRUPTIONS, WILL AT ALL TIMES BE SECURE, ERROR FREE AND PREVENT UNAUTHORIZED ACCESS, OR
THAT ALL DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENTS, INFORMATION,
GUIDELINES OR ADVICE GIVEN BY 1OVE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY
WARRANTY.
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Export Limitations. You may not use or otherwise export or re-export the App
except as authorized
by United States law and the laws of the jurisdiction in which the Licensed App was obtained. In
particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.
embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By
using the App, you represent and warrant that you are not located in any such country or on any
such list. You also agree that you will not use these products for any purposes prohibited by
United States law, including, without limitation, the development, design, manufacture or
production of nuclear, missiles, or chemical or biological weapons.
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US Government Rights. The App and related documentation are "Commercial Items",
as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end users (a) only as Commercial
Items and (b) with only those rights as are granted to all other end users pursuant to the terms
and conditions herein. Unpublished-rights reserved under the copyright laws of the United
States.
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Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.PLEASE READ THE FOLLOWING
PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH 1OVE, AND LIMIT THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
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Applicability of Arbitration Agreement. All claims and disputes in connection with the
Terms or the use of any product or service provided by 1OVE that cannot be resolved
informally or in small claims court shall be resolved by binding arbitration on an
individual basis under the terms set forth below (the "Arbitration Agreement"), except
that neither of us are required to arbitrate any dispute in which either party seeks
equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade
names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and
1OVE, and to any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.
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Arbitration Rules. The Federal Arbitration Act governs the interpretation and
enforcement of this dispute-resolution provision. Arbitration shall be initiated through
the American Arbitration Association ("AAA"), an established alternative dispute
resolution provider ("ADR Provider") that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall select an alternative
ADR Provider. The rules of the ADR Provider shall govern all aspects of this
arbitration, including but not limited to the method of initiating and/or demanding
arbitration, except to the extent such rules conflict with the Terms ("Arbitration
Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available
online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be
conducted by a single, neutral arbitrator. Any claims or disputes where the total amount
of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be
resolved through binding non-appearance-based arbitration, at the option of the party
seeking relief. For claims or disputes where the total amount of the award sought is ten
thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined
by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
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Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is
elected as provided above, the arbitration shall be conducted by telephone, online,
and/or based solely on written submissions; the specific manner shall be chosen by the
party initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
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Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if
any, of you and 1OVE, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant
motions dispositive of all or part of any claim. The arbitrator shall have the authority
to award monetary damages and to grant any non-monetary remedy or relief available to an
individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator
shall issue a written award and statement of decision describing the essential findings
and conclusions on which the award is based, including the calculation of any damages
awarded. The arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The award of the arbitrator is final and
binding upon you and 1OVE.
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Waiver of Jury Trial. YOU AND 1OVE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS
TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all
claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient, and less costly than
rules applicable in court and are subject to very limited review by a court. In the
event any litigation should arise between you and 1OVE in any state or federal court in
a suit to vacate or enforce an arbitration award or otherwise, YOU AND 1OVE WAIVE ALL
RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
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Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND
NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED
OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Notwithstanding any other provision in these Terms, in the event that this subparagraph
is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and
instead all claims and disputes shall be resolved in a court located in Los Angeles
County, California.
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Confidentiality. No part of the procedures shall be open to the public or the media. All
evidence discovered or submitted at the hearing is confidential and may not be
disclosed, except by written agreement of the parties, pursuant to court order or unless
required by law. Notwithstanding the foregoing, no party shall be prevented from
submitting to a court of law any information necessary to enforce this Arbitration
Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
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Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver
shall not waive or affect any other portion of this Arbitration Agreement.
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Small Claims Court. Notwithstanding the foregoing, either you or 1OVE may bring an
individual action in small claims court.
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Courts. In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal
jurisdiction of the courts located within Los Angeles County, California, for such
purpose.
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Survival. This Arbitration Agreement will survive the termination of your relationship
with 1OVE.
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Governing Law; Venue.The laws of the State of Washington, excluding its
conflicts of law rules,
govern your use of the App. Your use of the App may also be subject to other local, state,
national, or international laws. You agree that any action at law or in equity arising out of or
relating to the App, the Service or this agreement shall be filed only in the state and federal
courts located in King County, Washington, and you irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising
out of the App.
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Severability. If any provision of these Terms shall be deemed unlawful, void
or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and shall not
affect the validity and enforceability of any remaining provisions.
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Note to International Users. The Service is hosted in the United States. If you
are a user
accessing the Service from the European Union, Asia, or any other region with laws or
regulations governing personal data collection, use, and disclosure that differ from United
States laws, please be advised that through your continued use of the Services, which are
governed by U.S. law, you are transferring your personal information to the United States and
you consent to that transfer.
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ADDITIONAL EULA TERMS APPLICABLE TO IPHONE, IPOD TOUCH OR IPAD APPLICATIONS.
Notwithstanding anything to the contrary in the EULA set forth above, the following additional
terms shall apply to any Applications downloaded for use on the iPhone, iPod Touch or iPad:
- Acknowledgement: The parties acknowledge that this EULA is concluded solely between such
parties, and not with Apple, and 1OVE, not Apple, is solely responsible for the
Application and the content thereof. You further acknowledge that the usage rules for
the Application are subject to any additional restrictions set forth in the Usage Rules
for the Apple App Store Terms of Service as of the date you download the Application,
and in the event of any conflict, the Usage Rules in the App Store shall govern if they
are more restrictive
- Scope of License: The license granted to you is limited to a non-transferable license to
use the Applications on any iPhone, iPod touch or iPad that you own or control as
permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Maintenance and Support:The parties acknowledge that Apple has no obligation whatsoever
to furnish any maintenance and support services with respect to the Application.
- Warranty: You acknowledge that Apple is not responsible for any product warranties,
whether express or implied by law, with respect to the Applications. In the event of any
failure of the Application to conform to any applicable warranty, you may notify Apple,
and Apple will refund the purchase price, if any, paid to Apple for the Application to
that end-user; and to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the Application. The parties
acknowledge that to the extent that there are any applicable warranties, any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any such applicable warranty would be the sole responsibility of 1OVE.
However, you understand and agree that in accordance with the EULA, 1OVE has disclaimed
all warranties of any kind with respect to the Application, the Site and the Service,
and therefore, there are no warranties applicable to the Applications.
- Product Claims: The parties acknowledge that as between Apple and 1OVE, 1OVE, not Apple,
is responsible for addressing any claims of the end-user or any third party relating to
the Application or the end-user's possession and/or use of that Application, including,
but not limited to: (i) product liability claims; (ii) any claim that the Application
fails to conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
- Intellectual Property Rights: The parties acknowledge that, in the event of any third
party claim that the Application or the end-user's possession and use of that
Application infringes that third party's intellectual property rights, 1OVE, and not
Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the extent required
under the EULA.
- Legal Compliance: You represent and warrant that (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a "terrorist supporting” country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
- Developer Name and Address:Any end-user questions, complaints or claims with respect to
the Application should be directed to:
Email: contact@1ove.com
- Third Party Beneficiary:The parties acknowledge and agree that Apple, and Apple's
subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user's
acceptance of the terms and conditions of the EULA, Apple will have the right (and will
be deemed to have accepted the right) to enforce the EULA against the end-user as a
third party beneficiary thereof).