By accepting the Terms and Conditions of Use, the Member undertakes to:
- - Guarantee the accuracy of all information provided
- - Adopt a behavior and vocabulary respectful of other members
- - Not generate spam (sending mass and identical messages)
- - Own the rights of all the photos he publishes on the site
- 1.1 These Terms of Services (hereinafter referred to as: TOS) define the terms and conditions under which Peppermind SA (hereinafter referred to as: Peppermind), a Panamanian limited company based in Panama (PA), provides online dating services.
- 1.2 These Terms of Services apply to all users of ilovia-latam.com (hereinafter referred to as: Member), regardless of the country of access or use.
- 1.3 These Terms constitute a contract governing the relationship between Peppermind and the Members of ilovia-latam.com
- 1.4 The subject of the agreement concerns both free and paid services. Before using a paid service, the customer will be notified that the respective service is paid, as well as the costs incurred by said service.
- 1.5 The object of the contract does not expressly concern matrimonial brokerage or the services of a matrimonial agency nor a continuous and periodic contractual activity resulting from a service contract of any kind intended to conclude a partnership or a marriage.
- 1.6 By registering as a Member on ilovia-latam.com, the customer accepts these Terms. These are therefore an integral part of the contract.
- 1.7 The use of this service is prohibited to minors (under 18 years of age). No registration can be taken into account in case of refusal of these Terms.
2. Access and registration at ilovia-latam.com
- 2.1 Anyone wishing to access ilovia-latam.com must first register online by defining a username and some data from his profile to benefit from the services offered. ilovia-latam.com reserves the right to refuse any Member that it deems unacceptable, without any other justification and without the Member being able to raise any claim in this respect.
- 2.2 By registering, the member recognizes these TOS, declares to be over 18 years old. The registration establishes a contractual relationship between ilovia-latam.com and the registered member, which is determined according to the regulations of these Terms.
- 2.3 The Member warrants that the data and information which he communicates are accurate and in conformity with reality. Any changes in the data and information provided must be announced to ilovia-latam.com as soon as possible. If ilovia-latam.com finds that all or part of the data or information provided by the Member is erroneous, inaccurate, obsolete or incomplete, ilovia-latam.com reserves the right to suspend or remove the Member's access and block any new use of ilovia-latam.com by said Member.
- 2.4 The access and use of ilovia-latam.com are reserved for individuals over the age of 18 years of age and pursuing a personal and non-commercial purpose.
- 2.5 ilovia-latam.com has the right to block the access of a member who uses the system illegally and / or violates the obligations stipulated in these Terms. The blocking of an access has no effect on the customer's payment obligation for the services indicated in the order. iloviaLatam will keep the payments already settled up to an amount of USD 450.00 as a contractual fine for breach of contract. iloviaLatam also expressly reserves the right to require a contractual penalty up to a total amount of USD 450.00 in respect of customers who have not paid any prior amount or who have paid a reduced amount, as a lump sum compensation for handling fees. ilovia-latam.com does not exclude to assert its rights for any damage of an amount higher than that of the contractual penalty.
- 2.6 ilovia-latam.com reserves the right to suspend any profile that seems suspicious to him by his behavior or by the transmitted information without having to provide justification.
3. Using ilovia-latam.com
- 3.1 Content such as photos and descriptions are put online within 48 to 72 hours of deposit, after checking and manual validation by ilovia-latam.com. Any Content not respecting these Terms will be refused.
- 3.2 Content from marriage agencies and other professionals is excluded.
- 3.3 ilovia-latam.com reserves the right to refuse any Content that it deems unacceptable, without further justification and without the Member raising any claim in this respect.
- 3.4 The Member has the possibility to add photos to his profile. Submitted photos must be of good quality; any photo quality deemed insufficient by ilovia-latam.com may be refused. The Member agrees to be the owner of the full rights of the photos that he publishes on ilovia-latam.com or to have made the necessary verifications to dispose of the copyrights and the rights to the image before publishing any photo.
- 3.5 All Content older than 6 months may be erased in case of non-use by the Member.
4. Price and payment
- 4.1 Registration is free and without obligation. It gives a limited access to iloviaLatam.
- 4.2 If he wishes to use the entire Service, the Member must become a Premium Member (paid-member) of iloviaLatam. The payment terms are defined in the section "My membership" of the website. To access it, you must first register for free using the registration form on ilovia-latam.com.
- 4.3 By subscribing to a paid subscription, the Member accepts both these Terms and the conditions of price and payment displayed on the site.
- 4.4 The subscription is activated upon receipt of payment and automatically renewed at the end of the term. The renewal of the subscription is made at the same price as the one initially chosen. The Member may at any time cancel the renewal of his membership from the "My Membership" section of the website.
- 4.5 Any paid subscription can not be refunded.
- 4.6 Adding or removing features on ilovia-latam.com does not affect the price of the subscription. No compensation for the withdrawal of functions will be accepted.
- 4.7 No right of withdrawal is allowed following the purchase of the membership on ilovia-latam.com. Since the paid service is activated immediately following the purchase and for being online digital content, the right of withdrawal does not apply. By registering on ilovia-latam.com the Member expressly waives his right of withdrawal. However, the Member may cancel the renewal of the contract at any time from the "My membership" section of the website.
5. Responsibility and behavior of Members
- 5.1 The Member agrees that any content that he publishes is in full compliance with the law in force and does not infringe the rights of third parties, either when using the website or the messaging, particularly that said content:
- i) does not infringe or be contrary to public order or morality.
- ii) does not infringe in any way the rights to honor, privacy and the image, does not contain disparaging or defamatory words or images in any way whatsoever.
- iii) can not constitute a criminal offense or crime, such as pornographic or pedophile content, representations of violence and racial or ethnic discrimination.
- iv) does not have an erotic, obscene, subversive, political, violent, advertising character or does not imply a financial interest or does not contain personal details such as e-mail address, telephone number, name, postal address or website.
- 5.2 Although the list below does not constitute an exhaustive list, the Member undertakes in particular:
- a) not to infringe the intellectual property rights of any person.
- b) not to incite hatred, violence, suicide, racism, anti-Semitism, xenophobia or homophobia.
- c) not to encourage the use of drugs, alcohol or tobacco.
- d) not to do the apology of war crimes or crimes against humanity, nor to incite discrimination against a person or a group of people, particularly because of ethnicity , to a religion or because of sexual orientation.
- e) not to undermine the security or integrity of any state or territory, or to incite to commit any offense punishable by law.
- 5.3 The Member warrants that all content that he uses belongs to him or is free of rights.
- 5.4 The Member who abuses ilovia-latam.com by his misbehavior, in order to harm or derive a commercial or personal profit will be identified electronically and his access will be permanently removed. In addition, ilovia-latam.com reserves the right to sue the Member in court.
- 5.5 Regarding the insertion of the profile picture: drawings, landscapes as well as partial photos, containing deformations or characters of public notoriety will be systematically refused. Erotic, obscene, violent or subversive photos as well as photos with political content, contrary to morality or to these Terms will be refused and may result in the removal of the Member's access, without the Member being able to assert any claim.
6. Use and protection of data
- 6.1 ilovia-latam.com guarantees the strict confidentiality of the private data communicated to it. This data is in no way disclosed to third parties and is reserved for the sole use of ilovia-latam.com. Similarly, the contents of dialogs exchanged in the messaging remain confidential. Are reserved cases of abuse within the meaning of point 5 of these Terms; in such cases, Registered Content may be used as legal evidence.
- 6.2 The Member expressly agrees that his profile may be used by ilovia-latam.com for internal promotion purposes, such as sending profile suggestions by email to members registered on iloviaLatam.
- 6.3 In any case ilovia-latam.com can not be held responsible in case of usurpation of the identity of the Member or use of his personal data by third parties. ilovia-latam.com disclaims any liability if a third party downloads Member's photos from ilovia-latam.com and displays them on other external media than ilovia-latam.com.
- 6.4 By registering on ilovia-latam.com, the Member agrees to receive advertising offers sent by ilovia-latam.com on behalf of third parties in the form of emailing or other advertising media. In no case will the Member's email address or any personal data be shared with advertisers. The Member may at any time unsubscribe from the mailing list by clicking on the link provided for this purpose in promotional emails sent by ilovia-latam.com to the Member.
7. Intellectual property
- 7.1 The presentation and any of the elements, including trademarks, logos and domain names, appearing on the website hosting the Service, are protected by the laws in force on intellectual property, and belong to Peppermind or are subject to an authorization of use. No component of the said site may be copied, reproduced, modified, republished, distorted, transmitted or distributed in any manner whatsoever, in any manner whatsoever, in part or in whole, without the prior written consent of ilovia-latam.com.
- 7.2 Reproduction of any Content is prohibited.
8. Limitation of guarantee
- 8.1 The equipment (computer, software, telecommunication means, etc.) allowing access to ilovia-latam.com are the sole responsibility of the Member, as well as the telecommunication costs incurred by their use.
- 8.2 ilovia-latam.com is in no way responsible for any loss, damage or direct or indirect damage of any kind resulting from an interruption or malfunction of ilovia-latam.com, especially in case of failure server, virus attack, hacking or other computer problem that has caused a partial or permanent interruption of ilovia-latam.com. ilovia-latam.com assumes no responsibility for any loss or alteration of Content. It is the responsibility of the Member to make any safeguarding action that he deems necessary.
- 8.3 ilovia-latam.com does not warrant that the features contained in ilovia-latam.com meet the Member's requirements or that the operation of ilovia-latam.com is uninterrupted, fast, secure, fully compatible with the Member's hardware and software systems, error free or free of any program or code designed to contaminate other programs.
- 8.4 In case of malfunction of ilovia-latam.com, the User assumes all costs of maintenance, repair or correction of his own hardware and software.
- 8.5 ilovia-latam.com is not responsible for external content provided directly or indirectly by other websites.
- 8.6 ilovia-latam.com assumes no responsibility for the respectability and identity of the authors of the Contents appearing on its site. Only the content of the Members profiles is controlled. ilovia-latam.com can not be held responsible for misrepresentations made by a Member.
- 8.7 ilovia-latam.com assumes no responsibility for any use that may be made by other Members or third parties of the Content disclosed.
- 8.8 Any other guarantee, explicit or implicit, is excluded.
- 9.1 The Member has the option to delete his profile on ilovia-latam.com at any time from the "Cancellation" section. Once the cancellation is confirmed, the member's profile will no longer appear on ilovia-latam.com.
- 9.2 ilovia-latam.com does not endorse any liability to Members or third parties for information and Content that may be deleted upon cancellation. It is up to the Member, under his exclusive responsibility and on a support of his choice belonging to him, to safeguard, if necessary, his information and Contents.
- 9.3 No refund or compensation is possible in case of termination by the Member or suspension of profile by ilovia-latam.com.
- 9.4 ilovia-latam.com reserves the right to terminate the subscription of the Member in case of non-compliance with these Terms or breach of morality. No refund or compensation is possible.
- 9.5 In the event of termination (by ilovia-latam.com or by the Member), the Content published by said Member will be deleted and ilovia-latam.com does not assume any responsibility for the information and Content that may be so deleted.
11. Applicable law and jurisdiction
- 1.1 In case of dispute, the current TOS are used as legal basis. These Terms are governed by Panamanian law, to the exclusion of any other legislation.
- 11.2 The User agrees that jurisdiction is established in Panama (PA).