Terms of Service
These Terms of Service (this “Agreement”) is between you and Litro International Limited (“Litro” “we,” “us,” or “our”). By using our website, located at http://www.litro.life (“Website”), our mobile application available on Android and iOS devices (each, our “App”), and/or other services we provide (collectively, the “Services”) you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.
1. Some initial things we want to make clear.
While all of these will be discussed in more detail below, we want to make a few important things clear up front:
- You must be at least 18 to use the Services.
- You must be legally permitted to use the Services by the laws of your jurisdiction.
- You may only create an Account for your actual self and must be truthful in what you put in it.
- We do not conduct background checks or verify the identity of our Users. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with applicable laws and regulations.
- You should always revisit the Agreement and your eligibility (Section 2 below for details) to use the Services. You must close the Account Immediately if you are no longer eligible to use the Services.
- We do not guarantee anything about the Services, including the actions of our Users. We do not guarantee matches, the frequency of your matches, that you will be compatible with those you match with, or that the people you match with are safe people to meet. You must exercise your own diligence and caution in using the Services and communicating with its Users.
- Lastly, by using the Services, you are agreeing (with limited exception) to resolve any dispute between you and us through binding, individual arbitration, rather than in court. Please review Section 19 below for details, including the procedure for opting out of arbitration.
- You must be at least 18, or greater if your jurisdiction requires. By creating an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age required in your jurisdiction, whichever is greater).
- You must be legally permitted to use the App by the law of your jurisdiction. By creating an Account and/ or using the Services, you represent and warrant that you are legally permitted to use the App by the law of your jurisdiction.
- You must be unattached and available. You may only use the Services if you are willing and capable of entering into a new romantic relationship and do not have an established monogamous romantic partner (“Unattached”).
- You may not have a criminal record. You may not use the Services if you have been convicted of a felony, are required to register as a sex offender with any government entity, and/or are identified as a “Specially Designated National” (as such list may be updated from time to time, available at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). If any of the foregoing becomes applicable to you after you have created an Account, you must delete your Account immediately and you may no longer use the Services. We do not conduct criminal background screenings on Users. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
3. Use of the Service
- Your Account is only for you. You may only access and use your Account in accordance with this Agreement and for your personal use to find and communicate with potential dating partners. You may not authorize others to access or use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for any third party access to your Account, particularly any such access that results from theft or misappropriation of your Account or Facebook account’s login credentials. You agree to immediately notify Litro of any disclosure or unauthorized use of your login credentials at [email protected].
- Accessing the Services from certain territories. Using the Service may be prohibited or restricted in certain countries. If you use the Service, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
- You are responsible for any content you submit. You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including the text and images in your profile and in your communications with other Users (“User Content”).
No contact information in your profile.You agree not to post any contact information such as your phone number and email address in the body of your profile.
4. Changes to Agreement or Services
We may update this Agreement at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Agreement on the Site or App or through other communications. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then, except as otherwise provided in Section 19(d) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. General Prohibitions
You agree not to do any of the following:
- Post, upload, or transmit any User Content that
- is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, or contains any type of offensively suggestive, inappropriate, or explicit language or confidential, non-public information about any third party;
- is threatening, vulgar, offensive, or pornographic; promotes or threatens violence or actions that are threatening to any person or entity; or contains nudity or graphic or gratuitous violence;
- promotes discrimination, bigotry, racism, hatred, sexism, harassment or harm against any individual or group;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights or other proprietary rights, or rights of publicity or privacy;
- contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam or multi-level marketing);
- impersonates any person or entity, including any Litro’s employees or representatives; or (vii) promotes illegal or harmful activities or substances, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networds, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Litro or otherwise.
- Collect User Content, personally-identifiable information or any other information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, scrapers, or other means);
- Advertise any product or service, including any engagement in multi-level marketing or “pyramid schemes” on the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
- Bully, intimidate, or harass any User;
- Use, display, mirror or frame the Services or any individual element within the Services, our name, any Litro trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Impersonate or misrepresent your affiliation with any person or entity;
- Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, such as a denial of service attack, interference with page rendering, or using a program that interferes with other Services functionality; and
- Encourage or enable any other individual to do any of the foregoing.
Litro operates a zero-tolerance policy for the aforementioned activities.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our Users or any other person.
6. Content Ownership
There are three types of content that you will be able to access on the App:
- content that you upload and provide (“Your Content”)
- content that members provide (“Member Content”); and
- content that Litro provides (“Our Content”).
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
- Your license to us of Your Content. By submitting or uploading any Your Content, you (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide Your Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Your Content in connection with operating and providing the Services to you and other Users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). You also represent and warrant that neither Your Content, nor your use and provision of Your Content to be made available through the Services, nor any use of Your Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
- Deleting Your Content. You may delete Your Content via the functionality of the Services. However, you understand that removed Your Content may persist in backup copies for a reasonable period of time (but will not be available to others).
- Our ownership. We do not claim any ownership rights in any Your Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit Your Content. Subject to the foregoing, We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Our license to you. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
- Other members of Litro will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
- You do not have any rights in relation to other users’ Member Content, and you may only use our Users’ personal information to the extent that your use of it matches Litro’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
- Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Litro are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to our Content remains with us at all times.
- We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute our Content except as permitted by the functionality of the App;
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from our Content or commercially exploit our Content, in whole or in part, in any way; and
- you shall use our Content for lawful purposes only.
We reserve all other rights.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or via the functionality of the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. One-Time Payments and Subscriptions
Litro may offer from time to time certain premium services for a fee. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such premium services. By way of example, some of these premium services may include message read receipts, additional matches in a day, or profile picture appraisals.
- Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable App Store (defined below)) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- You may settle any fees payable by you through any payment method as may be made available by us (or the authorized third parties) from time to time. Any fees which are recurrent in nature (i.e. subscription fees) will be automatically charged through such payment method as selected by you.
- We have the right to, at any time and at our sole discretion, accept or reject the payment method selected by you. If no effective payment method is in place or any payment duly payable to us is not timely received for any other reason, your access to the Service may be suspended and no refund will be available in relation to Service so suspended; such access will only be restored upon full settlement of all accrued charges and putting in place a payment method accepted by us (or the authorized third parties).
- Where you have specified any part or all of the fees to be charged to your credit card or electronic payment method account (“Payment Account”), you hereby authorize us to charge your Payment Account the full amount of such Fees at any time or interval as determined by us as appropriate. For the avoidance of doubt, such authorisation will continue after the expiry date of Payment Account in respect of any Fees which are recurrent in nature (i.e. subscription fees) and Fees are settled by credit card. Where you are not the holder of Payment Account, you warrant that you have obtained authorisation from the holder. The verification and authentication of the Payment Account information provided are handled by the issuing party. We will not be responsible for any matters arising therefrom.
- Any disputes regarding fees on a statement for the Payment Account must be raised within 30 days of the statement date notwithstanding, where relevant, any terms to the contrary in any agreement with the contracting party of the Payment Account.
- You agree that we may transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts, whether they have been terminated or suspended.
- Please note that no credit or refund is available in respect of any time when the Service or any part thereof is disrupted or suspended (i) for maintenance or (ii) as a result of technical difficulties or (iii) a circumstance beyond our reasonable control or where you are not able to access or stream the Content for whatever reason.
- If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your Subscription), at the then-current Subscription Fee.
- If you purchase a Subscription, unless you cancel your subscription before the end of your current Subscription period, your subscription will automatically renew, and we (or our third-party payment processor) will automatically charge you each year on the commencement of each renewed Subscription period, using the Payment Information you have provided. Your subscription will continue to automatically renew until you cancel your Subscription.
- By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Litro. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.
Cancelling One-Time Payment or Subscription
- Except as explicitly set forth in Section 20 below, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason;
- if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
- Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store or the App. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.
9. Rights and Terms for Apps
- Rights in App Granted. Subject to your compliance with this Agreement, Litro grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Litro reserves all rights in and to the App not expressly granted to you under this Agreement.
- Accessing the App from App Store. Certain App Providers require us to pass one certain terms to you. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- This Agreement is concluded between you and Litro, and not with the App Provider, and Litro (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Litro.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Litro will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
- 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.
- You must also comply with all applicable third party terms of service when using the App.
- If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the App, you agree and acknowledge that Litro is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Litro, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
10. Risk Assumption and Precautions
You assume all risks when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. We are not responsible for the conduct of our Users or their compatibility in any capacity with you or other Users. You agree to take all necessary and appropriate precautions when sharing your personal information, communicating with other Users, and meeting other Users in person. You understand that we do not (except as described in this Agreement) conduct background checks, or verify the identity, profile pictures, or any other Your Content and/ or Member Content. You are under no obligation to use the Services, continue to communicate with any User, or to match with or meet anyone from the Services.
11. No Guarantees
You understand that Litro does not guarantee you any matches, does not guarantee any number or frequency of matches, or the accuracy, availability, or other attributes of any User. You understand that Litro makes no guarantees about the Services, either explicit or implied, including your compatibility with any other User.
If you discover any violation of the Agreement by others, please report it to us at [email protected]. You may also use this address to contact us with any questions you may have about the Services.
13. Third Party Links
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the availability or accuracy of such websites or resources; or the content, products or services on or available from those websites or resources or links displayed on such websites.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
14. Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Litro. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Litro has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on our App and/or Services and provides that information on an “as is”, “as available” basis. Litro does not give or make any warranty or representation of any kind about the information contained on Litro, whether express or implied. Use of our App and/or Services and the materials available on it is at your sole risk. Litro can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from our App and/or Services is free of viruses or other harmful components. You accept that our App and/ or Services will not be provided uninterrupted or error free, that defects may not be corrected or that Litro, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Litro is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
15. Limitation of Liability
- NEITHER LITRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LITRO OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- IN NO EVENT WILL LITRO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO LITRO FOR USE OF THE SERVICES OR ONE THOUSAND HONG KONG DOLLARS (HK$1,000), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LITRO, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LITRO AND YOU.
All the actions you make and information you post on Litro remain your responsibility. Therefore, you agree to indemnify, defend, release and hold harmless Litro and its partners, licensors, affiliates, officers, directors, employees, representatives and agents, from and against any claims, disputes, demands, liabilities, damages (actual and/or consequential), losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, or (iii) your violation of this Agreement.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and responsibly as required by us in the deference of any relevant claim.
We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of our App or our Services. Certain portions of our App may not be accessible if you have not registered for an Account.
You may delete your Account at any time via the functionality of the App. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. Deleting your Account is your sole method of terminating this Agreement. Upon termination of this Agreement, the following will survive Sections 3(d),6(a),7,14,15,16,18,19,21, and this sentence of Section 17.
18. Governing Law and Forum Choice
The English version of these Service Terms and Conditions shall prevail over any Chinese version (if any) which is provided for information purposes only. If any term or condition of these Service Terms and Conditions becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from these Service Terms and Conditions and shall be deemed to be deleted from these Service Terms and Conditions. These Service Terms and Conditions shall be governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
19. Dispute Resolution
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Litro that the laws of Hong Kong govern the interpretation and enforcement of this Agreement, and that you and Litro are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
- Exceptions and Opt-out. As limited exceptions to Section 19(a)above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to this Agreement.
- Class Action Waiver. YOU AND LITRO AGREE THAT EACH 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, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 4“Changes to Agreement or Services” above, if Litro changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Litro’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Litro in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
- Severability. With the exception of any of the provisions in Section 19(c)of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
20. General Terms
- Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between Litro and you regarding the Services and Content, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between Litro and you regarding the Services and Content. If any provision of this Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without Litro’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Litro may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Litro under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Litro’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Litro. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.