VERVE ROMANCE
TERMS OF USE

Last Updated: October 6, 2021

Welcome to Verve Romance! These Terms of Use, together with our privacy policy (ververomance.com/privacy-policy) and Terms of Sale (ververomance.com/terms-of-sale) govern your use of our services, sites, and apps, including the Verve Romance Platform and mobile app. Please read these Terms of Use (“Terms”) carefully. To make these Terms easier to read, we will call our sites, services and apps collectively the “Platform.” When we refer to the “Company.” “we,” “us” and other cases of those words in these Terms, we refer to Verve Romance Inc.

By clicking to accept or agree to these Terms or otherwise using our Platform, you indicate your agreement that these Terms bind you. If you don’t agree to these Terms, then we do not authorize you to use the Platform. Please see our privacy policy at ververomance.com/privacy-policy for information on how we collect, process, use and disclose information from our users.

Changes to Terms or Platform

We may revise and update these Terms at any time by posting the new Terms on the Platform or through other communications. It’s important that you review the changed terms because your continued use of the Platform after we announce our changes will indicate your agreement to the new Terms. If you don’t agree to the new terms, you will lose any previous authorization to use the Platform.

Accessing the Platform and Account Security

The Platform is offered and available to users who are 18 years of age or older, reside in the United States and its territories, and are otherwise eligible to form a binding contract with us. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Our Platform may evolve and we may change or discontinue the Platform or any part or feature of it at any time at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable for any period. From time to time, we may restrict access to some parts of the Platform to users, including registered users.

You are responsible for both:

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide when you register is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

You must not:

Trademarks

The Company name, the terms Bites, the Verve Romance logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Feedback

You may wish to let us know your views, criticisms, suggestions, and other comments about our Platform, including any defects you discover or improvements you suggest. You can send an email with your feedback to contact@ververomance.com. You agree that, by sending us feedback, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to all intellectual property rights that you own or control with respect to the feedback. In other words, you can’t send or offer us feedback and then claim that you can control our use of it or receive any compensation for it or for any benefits we may receive from using it.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

Additionally, you agree not to:

User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Additional Terms for Apps

If you accessed or downloaded the app from the Apple Store, then you agree to use the app only (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software) and (ii) as the “Usage Rules” in the Apple Store’s terms of service permit.

If you accessed or downloaded the App from any other source we authorize (like Apple Store, Google Play or the Amazon Appstore, you acknowledge and agree that:

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the app, any related technical data, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, any laws and regulations. By obtaining, installing, or using the app you represent and warrant that: (i) you are not 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 on any U.S. Government list of prohibited or restricted parties.

Copyright Policy and Address for Notifications of Claimed Copyright Infringement

We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on our Platform. Please see Verve Romance’s Copyright Policy at ververomance.com/copyright-policy, for further information.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services or information formed through the Platform, or resulting from visits made by you, are currently made through third-party (affiliate) links. Once you click through an affiliate link, you are re-directed to a third-party site that we do not control or have access to. In the future, we may offer goods and service for sale directly on the Platform, and such sale shall be governed by our then-current Terms of Sale.

Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

This Platform may provide certain social media features that enable you to:

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links to Third Party Websites or Resources

Our Platform may provide links to third-party resources, including affiliate links, advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you follow those links you do so entirely at your own risk and subject to the terms and conditions for use for such websites.

Modification or Termination of Platform

We may modify or terminate access to the Platform or any part or aspect of it, or remove or disable access to any material, at our sole discretion, at any time and without notice. You may cancel your account at any time by sending an email to us at contact@ververomance.com. Upon any termination, discontinuation or cancellation of the Platform or any part or aspect of it, or of your account, all provisions of these terms shall survive apart from those terms that depend upon continuation of any discontinued part or aspect of the Platform. They include, without limitation, ownership provisions, disclaimers, limitations of liability, dispute resolution provisions, and general terms.

Disclaimers; Limitation of Liability

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE PROVIDE YOU WITH VARIOUS SERVICES AND PRODUCTS THAT ARE PART OF OUR PLATFORM. YOU AGREE THAT YOU USE THEM AT YOUR OWN RISK AND DISCRETION. THAT MEANS THAT WE MAKE NO WARRANTY, EXPRESS OR IMPLIED. IN PARTICULAR, WE MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USE OF THE PLATFORM OR FROM ANY HARM RELATING TO THE PLATFORM. THIS INCLUDES IF THE PLATFORM IS HACKED, IMPAIRED, OR UNAVAILABLE. THIS LIMITATION APPLIES TO ALL TYPES OF DAMAGES (INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL) AND TO ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LOSS OR HARM. 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.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

Geographic Restrictions

Verve Romance is based in the State of Illinois in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law

You agree that Illinois law governs these terms without regard to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.

General Terms

If we do not exercise a particular right under this agreement, we do not waive that right. These terms are the whole agreement between us and you concerning the Platform. You agree that, if a court or arbitration panel rules that any provision of these terms is invalid, the arbitration panel or court should try to give maximum effect to the parties’ intentions as reflected in the provision and other provisions of these terms will remain in full effect. We may freely assign our rights and obligations (if any) under these terms but you may not assign your rights or obligations under these terms without our consent. Any attempt by you to assign or transfer your rights or obligations under these terms without such consent shall be void. Any notices or other communications we provide under these terms, including those regarding modifications to these terms, may be given (i) by email, (ii) by posting to the Platform or any part of the Platform, or (iii) by any other method we deem to be reasonably sufficient to effectuate notice. For notices we give by e-mail, the date of transmittal shall constitute the date of the notice, regardless of receipt of, or access to, the message. Any notice you provide us under these terms shall be considered given on the date we actually receive the notice.

Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.

Contact Information

The Platform is operated by Verve Romance Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to contact@ververomance.com.