Last updated on January 2, 2024

The terms of this agreement (“Terms of Use”) govern the relationship between you and Love Moderne, a division of HAIQU (“Love Moderne,” “HAIQU,” “us,” “our,” or “we”), regarding your use of our websites, mobile applications, enewsletters, travel services and related Services (together “Services”).

Use of the Services is also governed by our Privacy Policy

Before accessing or using the Services, you must agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Services (an “Account”). By registering for an Account or otherwise using the Services, you represent that you are age 13 or older and you understand and agree to these Terms of Use. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

None of the Services under our copyright may be translated or reproduced in any form by electronic or mechanical means including photocopying, recording or information storage and retrieval without permission in writing from Love Moderne. Requests for permission should be made in writing.

Vendor listings in the Services are informational and should not be viewed as direct endorsements by the author(s) or Love Moderne.

All vendor pricing, fees, hours, offerings and the like detailed within the Services are subject to change. Love Moderne do not assume and hereby disclaim any liability to any party for any loss or damage caused by errors, omissions or any potential travel disruption due to labor or financial difficulty, whether such errors or omissions resulted from negligence, accident or any other cause.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT PURCHASE, INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Love Moderne reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use and its Privacy Policy at any time by posting the amended terms on lovemoderne.com. You will be deemed to have accepted such changes by continuing to use the Services.

If, at any point, you do not agree to any portion of the then-current version of our Terms of Use, Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.

LICENSE

1.1. Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant Love Moderne policies, Love Moderne grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

The following restrictions apply to the use of the Services:

– You shall not create an Account or access the Services if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument by minors.

– You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Services if you have previously been removed by Love Moderne, or previously been banned from using the Services.

– You shall use your Account only for non-commercial purposes; You shall not use the Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone

Password

During the Account creation process, you will be required to create or select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account or our Services.

In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify Love Moderne in order to modify your Login Information.

You are solely responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Love Moderne reserves the right to remove or reclaim any Accounts at any time and for any reason, including but not limited to claims by a third party that an Account violates the third party’s rights.

License Limitations

Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

– Engage in any act that Love Moderne deems to be in conflict with the spirit or intent of the Services or make improper use of Love Moderne’s support services.

– Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services; or, without Love Moderne’s express written consent, modify or cause to be modified any files that are a part of the Services.

– Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Services.

– Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of Services attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services.

– Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Love Moderne, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.

– Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

– Post any information that contains explicit nudity, excessive violence, or offensive subject matter or that contains a link to such content.

– Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Love Moderne members, users, employees, contractors, or representatives.

– Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Love Moderne employee, contractor, or representative.

– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Love Moderne.

– Solicit or attempt to solicit personal information from other users of the Services or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.

Love Moderne reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Services itself. Love Moderne reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services.

1.2. Suspension and Termination of Account and Services

WITHOUT LIMITING ANY OTHER REMEDIES, Love Moderne MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO Love Moderne SERVICES OR PORTIONS THEREOF IF YOU ARE, OR Love Moderne SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND Love Moderne IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES, AND THEIR CONTENT AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.

ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Love Moderne RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 90 DAYS.

Love Moderne reserves the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Love Moderne shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any Content you submitted or others submitted.

You may terminate your Account at any time and for any reason by contacting Love Moderne via our Message form, informing us that you wish to terminate your Account.

2. OWNERSHIP

2.1. Services

All rights, title and interest in and to the Services (including without limitation any mobile applications, titles, computer code, themes, objects, copy and content) are owned by Love Moderne. Love Moderne reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Services.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Love Moderne.

2.3. Virtual Content

Love Moderne owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, whether purchased from Love Moderne, or any other attributes associated with an Account or stored on the Services.

2.4. User Content

“User Content” (or “Content”) means any communications, images, and all the material, data, and information that you upload or transmit through Love Moderne Services, or that other users upload or transmit.

By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Love Moderne in accordance with its Privacy Policy.

You agree that your User Content will not be returned to you. Love Moderne reserves the right in its sole discretion to review, monitor, edit, post, publish, distribute, disseminate, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

Except as described here and in our Privacy Policy, if you do elect to publish or share any portion of your User Content on the services, then you may be enabling each of those permitted users to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without Love Moderne’s involvement). In addition, Love Moderne may enable you to use a variety of third party services and applications that interact with the Services and your Content, and you should review the access rights you provide to those services or applications, as you may enable them to access your Content through your agreements with those parties.

3. USER CONTENT

3.1. Content Submission

When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to Love Moderne through the website, tools, apps, Message form, or through any other mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Love Moderne is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Love Moderne shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Love Moderne may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Love Moderne without any obligation of Love Moderne to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Love Moderne under any circumstances.

3.2. Content Screening

Love Moderne does screen some of the User Content that is submitted for inappropriate content or conduct before and/or after it is posted, published, or disseminated publicly. However, Love Moderne does not guarantee that we will pre-screen or monitor all User Content and assumes no responsibility for the conduct of any user submitting any User Content nor responsibility for fully monitoring all of the User Content of the Services for inappropriate content or conduct.

Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. However, if you do find certain User Content offensive, indecent or the like, you can Message us to request its removal.

At our discretion, our representatives or technology may monitor your interaction with the Services or communications when you are using the Services. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.

If at any time Love Moderne chooses, in its sole discretion, to provide less or no monitoring of the Services, Love Moderne nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.3. Information Use by Other Members of the Services

3.3.1. Public Discourse

The Services may include features where you can post User Content, including your experiences, ideas, observations and comments on varied or designated topics. Love Moderne cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Love Moderne shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.3.2. Responsible For Your Own Content

You are solely responsible for the information that you post, share or submit on, through or in connection with the Services and that you provide to others. Love Moderne may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to User Content that in the sole judgment of Love Moderne violates these Terms of Use.

3.4. License

You hereby grant to Love Moderne an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services.

You also hereby grant to Love Moderne the right to authorize others to exercise any of the rights granted to Love Moderne under these Terms of Use. You further hereby grant to Love Moderne the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Love Moderne has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

If you elect to use any third party service or application that is integrated with the Services, you also agree that the license granted to Love Moderne in the previous Content still apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant Love Moderne the right and license to enable such access to your Content.

3.5. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Love Moderne reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Love Moderne to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Love Moderne access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

4. FEES AND PURCHASE TERMS

4.1. Purchases

Love Moderne, at its discretion, may charge membership and/or subscription (“Subscription”) fees to access certain areas of the Services. Love Moderne may manage, regulate, control, modify or eliminate the Subscription content or services, in part or full, at any time, with or without notice. Love Moderne shall have no liability to you or any third party in the event that Love Moderne exercises any such rights.

The transfer of Subscriptions is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Subscriptions to any person or entity, including but not limited to another user or any third party. The provision of Subscriptions for use in the Services is a service provided by Love Moderne that commences immediately upon acceptance by Love Moderne of your purchase.

ALL PURCHASES AND REDEMPTIONS OF A SUBSCRIPTION ARE FINAL AND NON-REFUNDABLE.

When you purchase non-subscription products, goods or services via our Services, Love Moderne will charge the retail or sale price for the item(s), plus shipping and handling, government taxes, et al., when applicable.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you on our Services or via a third party service. Love Moderne may revise the pricing for the goods and Services offered through the Services at any time.

YOU ACKNOWLEDGE THAT Love Moderne IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTION PERIOD WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

YOU ACKNOWLEDGE THAT Love Moderne MAY PROVIDE NO REFUND OR A FULL OR PARTIAL REFUND, AT ITS SOLE DISCRETION, FOR NON-SUBSCRIPTION PRODUCTS AND SERVICES. THE FINAL REFUND AMOUNT WILL BE THE FEES, AS DETERMINED BY Love Moderne, FOR SHIPPING, HANDLING, RESTOCKING, COST OF LABOR AND OTHERWISE.

5. RIGHT TO MODIFY AND UPDATE

You understand that the Services is an evolving one. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of posts, transmissions and messages, the nature or size of any index or database, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.

You also acknowledge that a variety of Love Moderne actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Love Moderne has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service, including Premium Services.

6. DISCLAIMERS

(a) WITHOUT LIMITING Love Moderne’s LIABILITY UNDER SECTION 7 BELOW, THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Love Moderne DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(b) Unavailability of Website or Application.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is Love Moderne’s objective to make the Services accessible at all times, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Services may operate slowly from time to time. And you may need to update third party software from time to time in order to receive and utilize the Services.

You understand and acknowledge that due to circumstances both within and outside of the control of Love Moderne, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Love Moderne shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You.

YOU AGREE THAT Love Moderne SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICES.

(c) Third-Party Links

We may include or recommend third party services, resources, materials and/or links to third party websites and applications as part of, or in connection with, the Services. We have no control over such said services, resources, materials, sites or applications, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such third party services, resources, materials, sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such services, sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, materials, sites or applications.

7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

Love Moderne SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Love Moderne HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY (AND Love Moderne’s EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Love Moderne IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Love Moderne may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Love Moderne’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Love Moderne.

You agree to indemnify, defend and hold Love Moderne harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. DISPUTE RESOLUTION AND LAW

If a dispute arises between you and Love Moderne, we strongly encourage you to first contact us directly to seek a resolution via our Message form.

If you are a resident of the United States, these Terms of Use and any dispute arising out of or related to it or Privacy Policy or the Services shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Love Moderne must be resolved exclusively by a mediator located in a U.S. city of our choosing.

9. SEVERABILITY

You and Love Moderne agree that if any portion of these Terms of Use or of the Love Moderne Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. GENERAL PROVISIONS

10.1. Assignment

Love Moderne may assign or delegate these Terms of Use and/or the Love Moderne Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Love Moderne’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Love Moderne may publish additional policies related to specific Services such as forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms of Use.

10.3. Entire Agreement

These Terms of Use, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Love Moderne Privacy Policy), contain the entire understanding of you and Love Moderne, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

10.4. No Waiver

The failure of Love Moderne to require or enforce strict performance by you of any provision of these Terms of Use or the Love Moderne Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Love Moderne’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Love Moderne of any provision, condition, or requirement of these Terms of Use or the Love Moderne Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by Love Moderne shall be deemed a modification of these Terms of Use nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Love Moderne.

10.5. Notices

We may notify you via postings on the Services and via e-mail or any other communications means via the contact information you provide to us. All notices given by you or required from you under these Terms of Use or the Love Moderne Privacy Policy shall be in writing and submitted via our Message form. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Use to Love Moderne are of a unique and irreplaceable nature, the loss of which shall irreparably harm Love Moderne and which cannot be replaced by monetary damages alone so that Love Moderne shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure

Love Moderne shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Love Moderne, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Love Moderne’s control such as acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.