Terms and conditions
Terms and Conditions (hereinafter “T&Cs”) of Love Marketing Services Limited (C 105262) as the operator of “Love Malta”.
The present T&Cs regulate the terms of use of the services provided by Love Marketing Services Limited (hereinafter “LMS” or “we” or “us” or “our”), by whatever means, including but not limited to the use of the LMS website www.lovemalta.com, Love Malta Facebook page, Love Malta Youtube channel and Love Malta Instagram (hereinafter “the Service Mediums”).
Your (hereinafter “Your” or “You” or “User/s”) use of the Service represents your acceptance to be bound with these T&Cs. You shall act with the highest degree of integrity and in full compliance with the T&Cs of LMS as may be updated or reviewed from time to time. You understand and accept that new features or tools may be added from time to time. Your continued use of the Service constitutes an acceptance of the T&Cs as applicable to any such new features or tools.
LMS services (hereinafter “the Service”) include the creation of entertainment videos, provision of lead generation and promotional online campaigns through various service mediums and allow You to view, interact and browse exclusive LMS and/or third-party content and to upload videos as well as other content, including but not limited to, photos, video, text (including but not limited to comments), third party brands, promotional materials and advertisements (hereinafter collectively “Content”). Additionally, LMS allows You to promote your business operations through packages subscribed to in terms of the LMS
These T&Cs apply to all users of the Service. For all intents and purposes users shall be construed to include, but is not limited to, users who are browsing, selling, customers, merchants and or contributors of Content as applicable.
You acknowledge and accept that you have read and understood these T&Cs before utilizing the Service provided through any Service Medium. If you do not accept the T&Cs you may not use the Service. In the event that you require clarification regarding the Service, you may contact LMS at the following email address: [insert LMS email]
LMS reserves the right to change or modify these T&Cs from time to time at its absolute discretion. It is your responsibility to review the updated version of the T&Cs.
By agreeing to these T&Cs, you warrant that:
- you are at least the age of majority in your country of residence or that if you are under the age of majority in your country of residence, you have obtained your parent or legal guardian’s permission to use the Service;
- whenever you are required to provide information in relation to your use of the Service, you shall provide true and accurate details;
- you have full power and authority to subscribe to these T&Cs;
- you shall not make use of the Service in any way which may constitute a violation of any law (including but not limited to intellectual property law)
- you are not acting in any business activity which is, whether directly or indirectly, in competition with LMS;
- you are solely responsible to cover any expense or disbursement which is relevant to your use of the Service, including but not limited to any expense or disbursement related to access to software, applications, internet or equipment;
- you acknowledge that any content, materials and information provided by LMS as part of its services is the property of LMS or the respective third-party rights holder as may be applicable;
- you shall not utilize the Service to promote, sell or otherwise offer, any product or service in competition with the operations of LMS;
- you shall not utilize the content, materials and information provided by LMS for the purpose of multi-level marketing, pyramid schemes or equivalent activities;
- you shall not seek to solicit any login or account details or seek to obtain personal information and/or request or seek to obtain access to third party accounts or otherwise collect or track the personal information of third parties;
- you shall not do, or omit to do, any act that could expose LMS to any claims for damage, costs, expenses or liability;
- you shall not utilize the Services using any automated means including but not limited to harvesting bots, robots, spiders or scrapers;
- you shall not upload, use or disseminate any malicious code, viruses or spam, phish, pharm, pretext;
- you shall not post or upload any Content which is unlawful or which could otherwise be deemed offensive, obscene, discriminatory, defamatory, racist, homophobic, political, violent, false, or misleading whether with reference to LMS or any third party;
- you shall not use the Service fraudulently or in any manner which may be in violation of any laws, rule or regulations in any jurisdiction;
- you shall not make your account accessible to third parties or the general public or in any way act as a reseller or distributor of LMS content;
- you shall only use the Service limitedly for your personal use and for no other use;
- you shall not use the Service as a medium for advertising, promoting or in other shape or form to market products or services of any nature unless duly subscribed to with LMS in terms of a SPO.
- You shall not use the Service in a manner which may suggest the creation of a partnership, relationship
- you shall not use any intellectual property without the consent in writing of the intellectual property owner or in any way violate LMS or third-party intellectual property rights. For all intents and purposes intellectual property rights means any copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, and other intellectual property rights (whether registered or unregistered) throughout the world;
- you shall not remove, circumvent, disable, damage or otherwise interfere with any features of the Service or attempt to gain unauthorized access to any part thereof through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use them.
You understand and accept that your breach of any of the aforementioned or any other T&Cs shall entitle LMS to terminate the continued provision of the Service without the need to provide prior notice. In the event of termination on the basis of your breach, you accept that you forfeit the right to claim any refund from LMS.
LMS does not provide and guarantee or warranty in relation to the accuracy and completeness of the Content of its Service. You understand and accept that (i) the Content included in LMS Service is not necessarily real-time, accurate or error-free (ii) LMS does not warrant suitability, pricing or information included in its Content (iii) you should not rely on or construe any Content provided as advice, including but not limited to investment, tax, wealth management, accounting or legal advice (iv) Content may be provided by third parties not connected with LMS (v) Content may include information which does not constitute the most current or up-to-date information (vi) LMS reserves the right to correct any Content without the need to provide prior notice (vii) Content may make reference to or provide you access on an “as is” or “as available” basis, to third-party content including but not limited to external third-party service links, resources, content, information and tools. Reference to third-party links by LMS does not construe the endorsement by LMS of the views expressed therein and LMS makes no warranty about the accuracy or validity of such external content and accepts no liability for your use thereof. LMS strongly recommends that prior to your use of any external content you familiarize yourself with the terms and conditions of use provided by the relevant third-party providers.
By using the Service, you bear sole responsibility for any risk associated with your use of the Content as well as the suitability and appropriateness of any decision or strategy you make.
Acceptable Use and Upload of Content
LMS enables you to upload content or otherwise to include comments or interact with other users. Without prejudice to any other provision in these T&Cs, by using our Service you agree not to:
- upload or otherwise share content which Is illegal, fraudulent or which otherwise breaches any laws or regulations of any jurisdiction.
- use our Service in a way that a reasonable person would not regard as ordinary and not to engage in activities, whether lawful or unlawful that we deem harmful to our users, operations, reputation and goodwill.
- upload or otherwise share content which constitutes unsolicited or unauthorised marketing, advertising or promotional material
- use the Service in a manner that may create risks to the performance, security or integrity thereof.
- include content and material which is not factually accurate or may be misleading
The conditions above are indicative and non-exhaustive. We reserve the right to modify the terms of acceptable use at any moment in order to enhance safety, security and legality of the use of the Service.
In the event of your breach of any term of use LMS retains the right at all times to modify, suspend or discontinue the Service (or any part thereof) without notice at any moment and without any liability as a result of any such modification, suspension or discontinuation of the Service. Without prejudice to the above, LMS may, but is not obliged to, provide you with notice of any modification, suspension or discontinuation of Service at the contact e-mail provided by you.
If you upload Content, any such Content shall be considered as non-confidential and non-proprietary. You accept to grant us and other users of the Service, a non-exclusive, royalty-free and transferable worldwide license to use, copy, store, or otherwise make the Content available to other users of our Service.
LMS retains the right at all times to remove Content which has been uploaded if it is deemed, at the sole discretion of LMS, to be in breach of these T&Cs.
You understand and accept that the Service may include features which enable interaction with other users. In so far as applicable, LMS endeavours to advise you (i) as to whether interactive features are moderated or otherwise and (ii) to assess possible risks associated with interactive features. Provided that LMS expressly excludes any liability in relation to loss or damage arising out of the inappropriate use by a user of such interactive features.
Should you wish to report any interaction by any user of the Service which you deem is in breach of these terms of use, you may contact LMS at the following e-mail: [[email protected]] and LMS shall, evaluate the request and at its sole discretion, take appropriate remedial action. Without prejudice to the above, you understand and accept that Service Mediums used in the provision of the Service are third party platforms regulated by their own terms and conditions. You are solicited to submit any complaints to the applicable Service Medium in compliance with its reporting policies and procedures.
Modification or Discontinuation of Service
LMS has the right to modify, suspend or discontinue the Service (or any part thereof) without notice at any moment and without any liability to you or to any third-party as a result of any such modification, suspension or discontinuation of the Service. Without prejudice to the above, LMS may, but is not obliged to, provide you with notice of any modification, suspension or discontinuation of Service at the contact e-mail provided by you. It is your responsibility to ensure that your contact details are up to date at all time.
Refusal, Suspension or Termination of Service
LMS shall retain sole discretion and reserves the right to refuse any request received for purchase of the Service. This includes, but is not limited to, circumstances where LMS receives multiple requests for purchase which the sole discretion of LMS, appear to be requested by resellers, distributors or unauthorised dealers.
LMS reserves the right, at no liability for LMS, to suspend or terminate the continuation of Services, without limitation, in the event that LMS has reason to believe that you are breaching these T&Cs. Any such suspension or termination shall be without prejudice to any other remedy available to LMS at law.
Your Details and Communications by LMS
Where applicable, you shall provide LMS with accurate, current and complete information including but not limited to, legal name, address, e-mail, residential address and phone number (hereinafter “the Contact Information”) and you shall maintain and promptly update the Contact Information provided to LMS in the event of any change.
You hereby authorize LMS to communicate with you through any means using the Contact Information you provide in relation to the Service or ancillary matters related thereto.
Furthermore, in the case of paid services, you shall provide accurate, current and complete information in relation to credit card numbers and expiration dates (hereinafter “the Payment Information”), for the purpose of successful completion of payment of Service Fees.
You understand and accept that LMS shall have no liability associated with or arising from your failure to provide accurate and updated Contact Information or Payment Information.
In relation to personal information provided, you may access the Privacy Policy of LMS
Unless otherwise stated, LMS and/or its licensors own the intellectual property right for all materials on the LMS website and relative Service Mediums. All intellectual property rights are reserved. You may use the intellectual property strictly in accordance with these T&Cs and you shall not, without limitation, republish, reproduce, duplicate, copy or re-distribute Content available on any LMS Service Medium.
By using the Service, you authorise LMS and LMS reserves the right to utilize without restriction any feedback, comments or suggestions received from you (howsoever received). LMS is not bound by any confidentiality obligations in relation to feedback, comments or suggestions received and you shall not be entitled to any compensation from LMS for any use thereof.
Any personal data shared with LMS shall be processed in accordance with applicable data protection legislation. For more information on the manner how we use personal data, please read our Privacy Policy by accessing the following link: [https://lovemalta.com/privacy-policy/]
Disclaimer & Limitation of Liability
You agree that your use of the Content is solely at your sole and exclusive risk. You understand and accept that any content is provided on an “as is” or “as available” basis. LMS expressly disclaims all warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use and non-infringement. LMS does not warranty that its Services meet your requirements, that they are uninterrupted, timely, secure or error-free, nor does it make any warranty as to the results that may be obtained through the use of the LMS Services or as to the accuracy, reliability or correctness of any information. You further accept that any damage caused to your electronic equipment or loss of data as a result of a download effected at your discretion is your sole responsibility. LMS makes no warranty regarding Services offered or any transactions entered into through the Service. LMS provides no advice and no Content shall create any warranty not expressly made in these T&Cs.
You understand and accept that the Services provided by LMS are of a promotional, informational and entertainment nature and do not constitute a recommendation or solicitation to buy, sell or otherwise invest in any specific product or service. Any views or opinions expressed in the Content or in the provision of Services by LMS is not intended (and as such should not be construed) as being investment, tax, or legal advice. Advice should always be based on your particular circumstances, which circumstances are not known to or have not been taken into consideration whether by LMS or any other contributors of Content. To the fullest extent permitted by law, in no event shall LMS or its directors, officers, employees, affiliates, agents, suppliers or licensors, be liable to any person for any indirect, incidental, special, punitive or consequential damages including but not limited to, damages for lost profits, revenue, sales, goodwill, use of content, business interruption, loss of anticipated savings, however caused, under any theory of liability including without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise even if the possibility of such damages could have been foreseeable. In the event that a particular jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of LMS shall be limited to the maximum extent permitted by the law of that jurisdiction. Additionally, you acknowledge and accept that nothing contained in any chatroom or forum, whether posted by LMS or other third-party, is intended to be construed as advice. You accept and understand that, through the use of the Service through any Service Medium, you may be exposed to posts, material or content, that you deem to be offensive, obscene or otherwise objectionable, at your sole risk.
You agree to indemnify and hold LMS and its directors, officers, employees, affiliates and agents, and their heirs, successors and permitted assigns, each in their capacity as such (the “LMS Indemnified Parties”) from, against and in respect of any damages, losses, charges, liabilities, claims, demands, actions, suits, proceedings, payments, judgments, settlements, assessments, deficiencies, taxes, interest, penalties, and costs and expenses (including removal costs, remediation costs, closure costs, fines, penalties and expenses of investigation and ongoing monitoring, reasonable attorneys’ fees, and reasonable out of pocket disbursements) (collectively, “Losses”) imposed on, sustained, incurred or suffered by, or asserted against, any of the LMS Indemnified Parties, whether in respect of third party claims, claims between the parties hereto, or otherwise, directly or indirectly relating to, arising out of or resulting from or relating to your use of or Content found on the LMS Service Mediums, or any wilful or negligent misconduct on your part.
In addition to and without prejudice to any other remedy available to LMS, in the event that you shall be obliged to indemnify LMS, you shall pay to LMS on demand (i) the amount necessary to put LMS into the position it would have been prior to the occurrence of any of the events contemplated above and (ii) all costs and expenses (including, without limitation, damages, legal and other professional fees and costs, penalties, expenses and consequential losses (whether arising directly or indirectly) incurred by LMS;
The rights and remedies of LMS are in addition to any and all other rights and remedies that LMS may have both under these T&Cs or at Law.
You agree that LMS shall not be liable in any way to you or to any person in the event of force majeure. For all intents an event of force majeure shall include, but is not limited to, the act of any government or authority, failure of or damage or destruction or loss of your computer systems, data or records or any part thereof or delays, losses, errors or omissions resulting from the failure or mismanagement or any telecommunications or computer equipment or software.
This T&Cs, as may be modified from time to time, hereto, contain the entire agreement between you and LMS with respect to your use of the Services p and this Agreement supersedes all other agreements, representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter hereof. Failure by LMS to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver thereof.
Your use of the Service shall not be interpreted or construed to create an association, joint venture, agency relationship or partnership between you and LMS or to impose any partnership obligation or partnership liability upon LMS. Neither you nor us shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind the other party.
If any provision of this Agreement shall be held invalid or unenforceable under applicable law in any jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision of this Agreement that can be given effect without such invalid or unenforceable provision.
The provisions of these T&Cs shall be governed by and interpreted in accordance with the laws of Malta and the parties submit to the exclusive jurisdiction of the Courts of Malta.
LMS may provide T&Cs translated into a language other than the English language. In the event of any conflict of interpretation between the T&Cs in the English language version and any translated version in a language other than the English language, the English language version of these T&Cs shall prevail.