TERMS & CONDITIONS
Last Updated: ● July 1, 2021
These terms and conditions (these “Terms“) are a legal contract between “you” and:
- for users located in Canada and the United States of America (US), Bicentennial, Inc., PO Box 1234, Tulsa, OK, 74114 (as applicable, “we,” “us” or “Lady Godiva’s” or “LG“).
We operate LadyGodivasTulsa.com and the Lady Godiva’s mobile applications (collectively, the ” Platform“). The Platform provides an interactive way for users to communicate and entertain themselves (the “Service“).
The headings used in these Terms are for convenience only and shall not be deemed to define or limit the content of any provision of these Terms. IF YOU DO NOT AGREE WITH ANY PORTION OF THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE PLATFORM OR THE SERVICE.
Below is a high-level summary of these Terms, which is provided for convenience only. Please read the Terms carefully in their entirety before using the Platform and do not solely rely on the high-level summary provided below.
- User Conduct: You must be at least 18 years old and the age of majority/legal consent in your home jurisdiction to use the Platform and/or our Service. You may not use the Platform and/or our Service if you have ever been convicted of a sexual offence, if you are currently charged with an offense of a sexual nature, or if you are required to register as a sex offender with any governmental entity or agency in any country. You must comply with our Code of Conduct at all times when using the Platform and/or our Service, and you may not upload pictures or other depictions of anyone under 18 on the Platform, or while using our Service, at any time.
- The Service: You may access the Platform and use certain features and functionalities of the Service by setting up a free profile. The Platform offers additional features and functionalities which may be accessed by purchasing one of the membership or subscription packages we offer, which are described in more detail on the purchase page. For more information, please click here .
- Cancellation and Renewals: For our auto-renewal policy, please click here . For our cancelation policy, please click here .
- Deletion/Deactivation: You may delete or deactivate your account at any time. For more information, click here .
- Liability: These Terms set out the legal terms and conditions that govern our relationship with you and your access to the Platform and use of the Service. Put simply, we will not be liable to you for any damages you incur in connection with your access to the Platform or use of the Service if we did not cause such damages or such damages were not foreseeable to us and you when the contract was entered into. You are liable for any damage we incur which is directly attributable to your breach of these Terms or applicable law. For more information, please click here .
- Dispute Resolution: IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. FOR MORE INFORMATION ON DISPUTE RESOLUTION, CLICK here.
- Your Account
Our Service is ONLY intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet these criteria to use our Service. By accessing our Platform and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of these Terms and conditions set forth herein. You also represent and warrant that you will not allow any minor to access the Platform or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access the Platform and/or our Service to prevent any minor from gaining access to the Platform and/or our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.
While we require all our users to be at least 18 years old, we are not responsible or liable for any misrepresentations by our users regarding a user’s or member’s age or for the unauthorized use of the Platform or our Service by a minor.
- Services and Features
The Platform provides an interactive way for users to communicate and entertain themselves. Subject to other terms, conditions and features identified in these Terms and any other information provided on the Platform, users are able to view profiles of other users and communicate with them. In addition, the Platform offers a number of different features which users can subscribe to. The details regarding such features will be provided to you on the purchase page relating to such features.
- Accessing and Using the Platform and Services
Users must set up a free profile in order to access the Platform. Any information you provide to us when signing up and providing your profile must be correct, current, accurate and complete. If you provide any misleading or false information to us, we reserve the right to suspend or delete your account.
Once you’ve set up a profile, you will have access to some, but not all, of the Services’ features (for example, you will be able to view profiles of other users). The Platform offers additional features and functionalities which you may access by purchasing a membership or subscription package, depending on your preferences and/or jurisdiction. For example, in certain jurisdictions, you may purchase credits on the Platform and may need credits to use certain features such as initiating communications with other members. In other jurisdictions, such features may only be available through a subscription. To see what membership and subscription packages are available to you, and for more information on such memberships and packages, click on the “Buy Credits” tab.
- Your obligations
You: (a) must not use our Service unless you have the full power and authority to enter into and perform these Terms; (b) will not use our Service to infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users on our Platform and/or using our Service; (d) must not use our Service if you have ever been convicted of an offence of a sexual nature or if you have any such charges currently pending against you; and (e) you must own or otherwise have all rights necessary to license the Content (as defined below) you submit to us, and promise that the posting and use of your Content by us will not infringe or violate the rights of any third party. We are not responsible to you for any damages you may suffer because of your breach of this clause.
- Account Credentials
You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password unless any such activities are caused by us. You agree to: (a) immediately notify us of any unauthorized use of your username and/or password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.
- Expiration of Access to Your Account for Non-Usage.
Your right to access your account will expire and you will lose any credits in your account if you have not logged into your account within the prior thirty-six (36) month period. We will inform you a minimum of 30 days before your account expires for non-activity. You can confirm your account balance at any time by clicking on “My Credits” or by using the Contact Form and providing us with your account details.
THIS PROVISION DOES NOT APPLY TO DORMANT ACCOUNTS THAT HAVE AN ACTIVE MEMBERSHIP SUBSCRIPTION ASSOCIATED WITH THEM.
- Email Communications
Subject at all times to our obligations regarding email communications in your respective jurisdiction, you agree that: (i) we and other sites we operate (or our agents) may send you email communications that include messages about the Service and your membership account with us, and services offered by our other sites and third parties; and (ii) any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.
You may opt out of receiving these notifications from us by clicking the “Unsubscribe from Email Notifications” link located at the bottom of each email we send you. Please be advised that you cannot opt out from operational emails (i.e. non-promotional communications) pertaining your account.
In addition to your right to cancel under Section 5(C) and to delete or deactivate your account under Section 11, you may terminate this contract and your access to the Service at any time via our Platform by logging into your account or by sending us written or email notice of termination.
We may terminate your access to our Service if (a) you breach these Terms; (b) where required by law; or (c) where we reasonably consider there has been a breach of these Terms or a breach of applicable laws. Unless otherwise required by applicable law or expressly stated otherwise in these Terms, you will not be entitled to a refund of unused credit or subscription fees paid after termination of this contract or your access to our Service where (i) we terminate because you have breached these Terms or (ii) you terminate at your own initiative.
- Customer Service
Our customer service representatives are available to answer questions you may have about the Platform and how to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives.
- Using the Service
- User Content
We have no obligation to post any Content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated (unless requested by the person who submitted the content to us, or any person identified in the content, to delete or otherwise remove such content in accordance with privacy laws), to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our discretion (acting reasonably), deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable (unless requested by the person who submitted the content to us to delete or otherwise remove such content).
You remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or communicate with other users of the Service. If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
Except to the extent required by applicable law, we do not guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
- Communication with other users
All of the content generated by users on our Platform is provided “AS IS”. All content is the responsibility of the person that originated such content.
We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS. It is your responsibility to determine whether or not you want to interact with a user or member on our Service.
We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable and you hereby expressly consent to the foregoing. Email messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms but will be treated by us as private.
- User disputes
You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You must take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. In addition, WE STRONGLY RECOMMEND THAT YOU REVIEW LADY GODIVA’S SECURITY AND PRIVACY TIPS, POSTED AT https://blog.ladygodivastulsa.com/security-privacy PRIOR TO USING THE SERVICE. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Platform. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
If you are a resident of the United States of America, you hereby agree to release us (and our subsidiaries and affiliated entities and ours (and their) shareholders, officers, directors, employees and agents, successors and assigns) from all claims, demands, damages, losses, liabilities of every kind, arising out of or in any way related to such disputes.
- Non-Commercial Use
Our Platform and the Service are for personal use only and you may not use them in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Platform for any purpose. Illegal and/or unauthorized uses of our Platform, including without limitation for prostitution and/solicitation, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, and unauthorized framing of or linking to our Platform may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress.
- Third Party Content, Links and Pages
In your use of our Service, you may access content from third parties (“Third Party Content”) either via our Service or through links to third party websites. We are not responsible in any way for Third Party Content, which is the sole responsibility of the authors or sites displaying such content.
- Proprietary Rights
You acknowledge and agree that all content and materials available on our Platform are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Platform, unless you have our written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Platform or content and materials in any manner.
- Infringement of third party’s intellectual property rights
We respect the intellectual property rights of others, and we ask you to do the same. We may terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please contact us using the following contact information:
Attention: Legal Counsel
PO Box 1234
Tulsa, OK 74119.
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid take-down notice issued under the Digital Millennium Copyright Act (“DMCA”) that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:
- Our physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Code of Conduct
- Code of Conduct
In your use of our Service and/or Platform, you agree to act responsibly, in a manner that demonstrates good judgment and that complies with the code of conduct below (the “Code of Conduct”). Without limitation, you agree not to:
- violate any applicable law or regulation,
- infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
- use the information available through our Service and/or Platform for any unauthorized or unlawful purpose,
- interfere with or damage our Service and/or Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents,
- use our Service and/or Platform to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
- use our Service and/or Platform to obtain the personal contact information of another user without his/her prior consent,
- use our Service and/or Platform in connection with the distribution of unsolicited commercial email (“Spam“) or advertisements or in any way use it for or in connection with spamming, phishing, trolling, or similar activities,
- “stalk” or harass any other user of our Service and/or Platform,
- use the Service and/or Platform if you have ever been convicted of a sexual offense or currently have such charges pending against you,
- use the Service and/or Platform for any illegal purposes, including, without limitation, prostitution and/or solicitation,
- collect or store any information about any other user other than in the course of the permitted use of our Service and/or Platform,
- use our Service and/or Platform for any commercial purpose whatsoever, including, without limitation, advertising or marketing of any services or products,
- impersonate any person or entity,
- remove any copyright, trademark or other proprietary right notices contained in the Service and/or Platform,
- infringe on the intellectual property rights of the Service and/or Platform or any third parties in any manner,
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service and/or Platform or any software used on or for the Service,
- post, upload or transmit false, misleading or illegal information or content to the Service and/or Platform,
- make false statements, attempt or use personal, financial or other information that you are not authorized to use,
- upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service and/or Platform under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
- disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service and/or Platform,
- collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
- provide hyperlinks, URL links, graphic links or other direct connection to our Platform or the Service for profit or gain,
- use scripts, bots, web scrapers or other automated technology to access the Service and/or Platform or collect information from the Service and/or Platform, or
- assist any third party in doing any of the foregoing.
In addition, you agree not to post or submit any content that:
- is libelous, defamatory or slanderous,
- contains pornographic, sexually explicit or vulgar content,
- may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
- exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way,
- encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts,
- makes use of offensive language or images or is otherwise obviously offensive to the online community,
- harasses or advocates harassment of another person,
- involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or Spam,
- promotes an illegal or unauthorized copy of another person’s copyrighted work,
- characterizes violence as acceptable, glamorous or desirable,
- contains any illegal material or any material that infringes or violates another party’s rights (including, without limitation, intellectual property rights and rights of privacy and publicity),
- constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses,
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
- provides or promotes inaccurate, misleading or false information, or
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The foregoing is a partial list of the kind of content that is illegal or prohibited on our Platform. We reserve the right to investigate and take appropriate legal action in our reasonable discretion against anyone who violates this or any other provision of the Terms, including, without limitation, removing the offending communication from the Service, terminating the violator’s access to the Platform and contacting and disclosing information to the relevant authorities.
LADY GODIVAS IS A SOCIAL NETWORK FOR ADULTS. WE DO NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH THIS SOCIAL NETWORK IS MADE AVAILABLE. YOU ARE RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH ALL LAWS THAT APPLY TO YOU.
- Payments and Refunds
- Methods of Payment
A user may pay via credit card or any other method we may accept as payment. In addition to paying the published price, you are responsible for paying all applicable taxes in connection with your purchase, which will be disclosed to you prior to completing your transaction.
- Subscription Renewals
In order to provide continuous service, Lady Godiva’s automatically renews all paid subscriptions (excluding credits unless you have expressly opted-in) for the Services on the date such subscriptions expire unless notified by you before the renewal date Lady Godiva’s will disclose renewal periods to you prior to you completing your purchase and in your purchase confirmation. By accepting these Terms, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellations and Refund” immediately below.
- Cancellations and Refunds
Some jurisdictions offer consumers a cooling off period with respect to purchases made online. In an effort to provide all users similar rights of cancellation Lady Godiva’s offers all users the right to cancel, for any reason, any purchase made through the Platform within fourteen (14) days of purchase (subject to the last sentence of this paragraph, the “Cancellation Period”) and receive a pro-rated refund applied back to the method of payment used to make the purchase.
If you request that we start providing access to credits purchased or other Services during the Cancellation Period, you will lose your right to cancel once you have fully used such credits or other Services. Where any payment has been made, you are liable for the credits or the paid-for Services used prior to cancellation but can receive a pro-rated refund applied back to the method of payment used to make the purchase.
You may exercise this right by notifying us of your decision to cancel your purchase either via the Contact Us Form sending us the cancellation form set out at the end of these Terms or by email to email@example.com. To the extent that the laws of your jurisdiction of residence provide a longer cooling off period, you will be entitled to cancel during such period in accordance with the laws of your jurisdiction of residence.
Prorated refunds will be calculated as follows:
- For credit purchases: We will refund you for the purchase of your credit package if we have received your cancellation notice within the Cancellation Period based on the following formula:
[price paid for credits] – [[number of credits used] x [price paid for credits / number of credits purchased]]
Please note that you do not have the right to cancel or receive any refund if, at or before you informed us of your decision to cancel your contract for purchase within the Cancellation Period, you have used all credits you purchased on that occasion.
- For subscription purchases: We will refund you for the purchase of a subscription if we have received your cancellation notice within the Cancellation Period based on the following formula:
[price paid for initial subscription term] – [[number of days (complete or partial) which elapsed from the purchase date] x [price paid for initial subscription term / number of days in the initial subscription term]]
AFTER THE EXPIRIATION OF THE CANCELLATION PERIOD OR ONCE YOU HAVE CEASED TO HAVE YOUR RIGHT TO CANCEL, YOU AGREE THAT YOUR PURCHASES, INCLUDING YOUR PURCHASE OF CREDITS AND SUBSCRIPTIONS, ARE NON-REFUNDABLE EXCEPT WHERE WE HAVE BREACHED THESE TERMS IN WHICH CASE YOU MAY BE ENTITLED TO A REFUND UNDER APPLICABLE LAW.
We are not responsible for anything that (i) was not foreseeable to you and us when these Terms were entered into or (ii) is not caused by any breach of our obligation or otherwise caused by us. For example, we are not responsible for:
- THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM OR THE SERVICE;
- ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE INCLUDING ANY LOSS OR DAMAGE RESULTING FROM ANY CONTENT POSTED ON OUR PLATFORM OR TRANSMITTED TO USERS VIA OUR PLATFORM, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES, ANY CONDUCT BY USERS OR INTERACTIONS BETWEEN USERS OF OUR PLATFORM, WHETHER ONLINE OR OFFLINE;
- THE CONTENT OF MESSAGES SENT BY OTHER USERS OF THE SERVICE AND THE ACCURACY OF THE INFORMATION COMMUNICATED TO YOU BY OTHER USERS OR ANY COMMUNICATIONS YOU MAY RECEIVE FROM OTHER USERS INCLUDING CONTENT POSTED ON OUR PLATFORM OR IN CONNECTION WITH THE SERVICE, WHERE SUCH CONTENT IS GENERATED BY USERS OF OUR PLATFORM;
- THE USE BY OTHER USERS OF ANY INFORMATION WHICH YOU PROVIDE TO THEM;
- ACTIONS OR INACTIONS ANY THIRD PARTIES THAT WE DO NOT CONTROL (INCLUDING USERS OF OUR PLATFORM OR OUR SERVICE);
- ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, WHERE SUCH ISSUE HAS NOT BEEN CAUSED BY US OR ANY THIRD PARTIES THAT WE DO NOT CONTROL; AND
- ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, COMMUNICATION SYSTEM BREAKDOWNS, TRANSPORTATION STOPPAGES OR SLOWDOWNS.
We are also not responsible for business losses and/or losses to non-consumers (see section 3(D) for your obligation to use our Platform and the Service for personal use only).
You are responsible for the losses, costs and damages incurred by us or any person engaged in the provision of the Services or the Platform to the extent they result directly from (a) any posts made by you, (b) your infringement of the intellectual property rights of a person other than yourself, (c) your breach of these Terms or (d) your breach of applicable laws.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD OR FRAUDULENT MISREPRESENTATION.
- Dispute Resolution (US Only)
Please read this carefully if you are a resident of the United States of America. It affects your rights.
For US residents, all disputes, controversies, causes of action (in tort, contract, by statute or otherwise), including, without limitation, Disputes arising from or relating to this arbitration provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from the Terms (collectively, “ Disputes”) shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“ AAA”).
Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Lady Godiva’s might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, Lady Godiva’s reserves the right to pursue the protection of its intellectual property rights and confidential information and to stop other illegal activities through immediate injunctive relief or other equitable relief at any time and without first resorting to informal procedures or arbitration, through any courts of competent jurisdiction.
The exclusive venue for the arbitration shall be Tulsa, Oklahoma. The parties will agree on a reasonable location, in the event that Oklahoma is an inappropriate forum. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.
- Small Claims
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.
- Class and Consolidated Claims Waiver
To the extent permitted under applicable law, it is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under the Terms or any Dispute between the parties. Except as otherwise provided in this paragraph, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and us specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- Limit of Liability
Liability for both parties is limited to $1,000 in damages. Parties waive, and the Arbitrator shall not be empowered to grant, indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by the Terms unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.
- Notice of Claims, Timing of Disputes and Nature of Award
Any Dispute shall be filed within one (1) year of the date the Dispute arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute. Arbitration shall be commenced by filing a claim pursuant to the applicable AAA Rules. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.
- Discovery and Hearing Procedures
All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. The parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.
- Emergency and Provisional Remedies
Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.
The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.
- Payment of Arbitration Fees and Costs
Lady Godiva’s will advance all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, costs association with attorneys or expert witnesses. The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution. If the arbitration is decided in your favor, you will not be required to reimburse Lady Godiva’s for any of the fees and costs it advanced. If the arbitration is decided in Lady Godiva’s favor, you shall reimburse Lady Godiva’s for its arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA.
- Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these Arbitration terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Lady Godiva’s in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LADY GODIVA’S WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Survival and Severability
These Arbitration terms shall survive the termination of your service with Lady Godiva’s. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
- Governing Law
Except as set out below, or otherwise requested under applicable law, (i) these Terms shall be governed by and construed in accordance with English law and (ii) you may bring legal proceedings in respect of these Terms, our Platform or Services, in the relevant courts of the United Kingdom or, if you are an EU resident outside the UK, in the courts of your Member States of residence in accordance with the applicable law.
If you are a US resident, except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York for such purpose.
- Availability of Service
We are unable to warrant that our Services will at all times be free from any interruptions or technical malfunctions of the Platform, errors, virus, worms, Trojan horses or other code that may affect to your use of the Services. However, we will make commercially reasonable efforts to prevent occurrence of any such incident.
- No waiver
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- Communication in English
The parties to these Terms hereby confirm their express wish that this Agreement, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with this Agreement be in the English language only and declare themselves satisfied with this.
- Export Controls
Software and content provided through our Platform and/or our Service is subject to export controls of the United States of America and other applicable jurisdictions. The United States Department of Commerce prohibits export or diversion of software and certain content to specified countries and persons. No software or content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not license or otherwise permit anyone in any such country or on any such list to receive software or content that is subject to export control.
We may modify or vary any part of our Services and/or these Terms in order to make technical adjustments which do not adversely affect you, address security threats or to comply with applicable law. In such circumstances:
(i) we will give you a minimum of thirty (30) days written notice of such modification before it becomes effective;
(ii) we will ask for your express consent to the updated terms or revised services where we are legally required to do so; and
(iii) our notice to you will explain the reason for variation and how you can accept or reject the change.
In the event we change (i) the price for ongoing Services which you have previously agreed to pay (for example, credit top-ups or monthly subscriptions) or (ii) the value in credits required to use any feature, we will also notify you of such changes as contemplated in this section. If you do not agree with such change and you communicate this to us in accordance with the notification, we will not automatically top up your account or renew your subscription even if you previously agreed to automatic renewal for payment.
We may however make technical adjustments which do not adversely affect you and do not modify the descriptions of the Services that you agreed to receive under these Terms (for example to address security threats) without notice or consent from you.
- Delete/Deactivate Your Account
- How to Delete/Deactivate Your Account
In the event you would like to cease using the Service and delete or deactivate your account, you have the following two options which you can exercise by visiting https://www.ladygodivastulsa.com/app/private/member/manage/remove.p while logged into your account on the desktop version of the site:
- Deactivate My Account:
- Full Delete:
If you select a full delete option or raise a data erasure request with us, your account cannot be restored, and any unused credits associated with your account will immediately expire without refund except in the situations described in section 5(C). Please note it may take up to forty-eight (48) hours for your information to no longer be visible on the Service.
- Mobile Terms
This section applies if you download any Mobile Application (as defined below).
- Lady Godiva’s Mobile Apps
We make available Apple/iOS-powered and Android-powered mobile applications (together, the “Mobile Applications“) to allow you to access the Platform via mobile devices. To use a Mobile Application, you must have a compatible mobile device. Information about compatibility will be provided in the relevant app store. We grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Lady Godiva’s and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).
You may not:
- modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party.
- make any copies of the Mobile Application;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or
- delete the copyright and other proprietary rights notices on the Mobile Application.
We may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You agree that these Terms will apply to all such upgrades.
Standard carrier data charges may apply to your use of the Mobile Application.
For US residents, the Mobile Application and all other software that is provided to you through the Platform and the Service and related documentation are “Commercial Items“, as that term is defined under United States of America laws at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and ” Commercial Computer Software Documentation“, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States or America and Canada.
Additional terms for Apple iOS-powered and Android-powered device users can be found below.
- Apple/iOS Terms
The following additional terms and conditions apply with respect to any Mobile Application that Lady Godiva’s provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that the Terms are between you and Lady Godiva’s only, and not with Apple, Inc. (“Apple”).
- Your use of Lady Godiva’s iOS App must comply with Apple’s then-current App Store Terms of Service which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html
- Lady Godiva’s, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Lady Godiva’s, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms and any law applicable to us as provider of the iOS App.
- You agree that Lady Godiva’s, and not Apple, shall be responsible, to the extent required by the Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government or Canadian Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App) to the extent you have had access to those third-party terms before entering into the Terms.
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to the Terms as they relate to your license of Lady Godiva’s iOS App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
- Google Android Terms
The following additional terms and conditions apply with respect to any Mobile Application that Lady Godiva’s provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that the Terms are between you and Lady Godiva’s only, and not with Google, Inc. (“Google”).
- Your use of Lady Godiva’s’s Android App must comply with Google’s then-current Android Market Terms of Service which can be found at https://www.google.com/mobile/android/market-tos.html
- Google is only a provider of the Android Market where you obtained the Android App. Lady Godiva’s, and not Google, is solely responsible for Lady Godiva’s’s Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Lady Godiva’s’s Android App or the Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Lady Godiva’s’s Android App
- Geo-Location Terms
- Contact Us
- Queries, complaints and notices.
- California Users
- California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform and Service are provided by Bicentennial Inc. d/b/a Lady Godiva’s. If you have a question or complaint regarding the Platform or Service, please contact Customer Service at firstname.lastname@example.org . You may also contact us by writing us at Bicentennial Inc., PO Box 1234, Tulsa, OK 74119, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”MODEL CANCELLATION FORM
I hereby give notice that I cancel my contract for the supply of the following service,
Ordered on [*]/received on [*],
User Name: …………………..,
Signature:…………………………………… (only if this form is notified on paper)
[*] Delete as appropriate