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Welcome to LoveBite!

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These Terms of Use (the “Terms”) govern your rights and obligations regarding the use of LoveBite’s software (the “Software”) and service (both collectively referred to as the “Service” or “Services”) on mobile devices and generally on the internet. These Terms constitute a binding agreement between LoveBite International Ltd (including its affiliates, licensees and subsidiaries, generally referred to herein as “LoveBite” or “We” or “we”), the proprietor or beneficial licensee of all rights in and to the Service, and you. We strongly recommend that you read these Terms carefully, therefore.
 

Use of the Services indicates your assent to these Terms, including to LoveBite’s Privacy Policy (“Privacy Policy”), which form an essential part of these Terms.
 

If you do not agree to abide by these Terms in their entirety, then you are prohibited from using the Services and may not access them.  
 

KEY FEATURES

The following are key features for your understanding, and are covered in our Privacy Policy.  This section is for your convenience only and does not replace or supplement subsequent sections or supersede or override anything in the Privacy Policy (see above).
 

• Visual Representations.  The photographs and videos provided by the Services originate from other users of the Services, including diners and restaurateurs.  As such, we cannot be responsible for the accuracy of the representations, and although we endeavour to remove any offensive or plainly inaccurate or abusive content, we cannot be responsible for such Content and must rely on diligence from our employees and algorithms, as well as you the user, to rectify any inappropriate content.

   

• Allergen & Dietary Indications: The Service may provide information about the ingredients and allergen content of restaurant dishes. This information is provided for general informational purposes only.  Users of the Service should be aware that the allergen indications are subject to change, and mistakes or omissions can occur. Consumers are solely responsible for verifying allergen information directly with the restaurant who can provide the most up-to-date and accurate information about allergens and ingredients used, before consuming any dish.

   

• Location-based Services. Allowing us to access your location permits access to a greater range of features of the Services than if access is denied.  Please refer to our Privacy Policy for details on how this information is used, and your rights. In particular, recording your location information and history helps us to understand your usage of the Services and helps us to enhance and improve our Services.  Other uses and your rights are detailed in our Privacy Policy.

   

• Advertisements. We do not endorse any third party ads that may appear on the Services from time to time.

   

• The internet connection needed to use the Services is entirely your responsibility.  The Services require a data connection, which have the potential to incur significant expense, especially when roaming, and establishing a connection and paying the associated connection and usage charges is your responsibility alone.  The costs of data usage can be obtained from your chosen service provider.

   

• Subscription charges and copying. The Software is subject to copyright protection and may not be copied, modified or distributed without permission from LoveBite.  The principal Software is free to use, but we may charge a licence fee for the use of certain premium features.

   

• Age of users. You must be 16 or older to be able to consent to our Terms. If you are under the age of 16 years old, then we will delete your Account and any associated personal information if we are given credible notice or otherwise establish your age to be under 16.

   

• Privacy of your information. We value your privacy, and your rights and the conditions of our use of your information are set out in our Privacy Policy.  When you use the Services, certain information is collected and used by us, as detailed in our Privacy Policy. It is important that you read the Privacy Policy carefully, and understand that by accepting these Terms, you are acknowledging and agreeing to the collection, storage and use of your personal information by LoveBite, subject to the Privacy Policy and any applicable laws and regulations.

   

WHAT DO WE OFFER?

We offer a service that allows our users to see visual representations of individual dishes at restaurants, along with other data including location and contact information, and the ability to selectively silo dishes for future reference.  Other features, such as coordinating meals between groups of users or providing individual or group recommendations may be made available in the future.  The Services are available through apps on mobile devices.
 

THE LICENCE

LoveBite Service. LoveBite hereby grants you an initial licence to use the Services, free of charge.  This licence is non-exclusive, non-transferable, and you may not sub-license.  LoveBite retains the right to revoke your licence at any time for any reason, or without cause.  This licence is for private use only, and is strictly for non-commercial purposes, subject to these Terms.  Further features may be made available from time to time for which we may levy a charge or recurring licence fee.  Commercial usage is subject to licence fees, and additional features for such usage may be located behind a paywall structure.
 

LoveBite makes no warranty. The Services are provided entirely for your convenience, and we make no warranty or commitment to their fitness for any given purpose.  Any decision made or not made, or any course of action taken or not taken as a result of the use of the Services is entirely your responsibility, and you hereby agree that LoveBite cannot be held liable in this regard.  As noted above, the Software is subject to copyright protection and may not be copied, modified or distributed without permission from LoveBite.
 

USING THE SERVICE

You may use the Services only for private and personal purposes unless otherwise agreed with LoveBite.

Our databases are protected by local and national copyright law, including the US Compilation Copyright, the EU Database Directive and the UK Copyright, Designs and Patents Act 1988.  You may use our data in the normal use of the Services, but you may not copy, print, save or otherwise use our data for anything other than using the Services.
 

You may not use any of the following to obtain or process our data when using the Services; scraping, data mining, harvesting, data aggregating, indexing, or any combination thereof. In addition, you agree that you will not use any robots, spiders or other automated means to gather, harvest or otherwise access our website’s or the Service’s database for any purpose, in the absence of our explicit prior written permission.
 

The Software may not be used in any way that is not expressly permitted by these Terms.

Only use the Services when it is safe to do so.  For example, do not use the Services when driving.
 

USE RESTRICTIONS

You are free to use our Services, subject to the conditions set out in these Terms, always bearing in mind that certain features may require an account and/or be located behind a paywall.  Certain types of activity are expressly prohibited and may result in access being discontinued, your account deleted if you have one, and possible civil or criminal proceedings being brought.  In general, such prohibited activities include anything that is against the prevailing law, including the laws of copyright, fraud and libel, and anything that contravenes anything in the present Terms. Specific examples of prohibited activities are as follows.
 

You may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Content or any portion of the Content included in the Services and/or which is on our website, or in any way or publicly display, perform, or distribute such Content;

(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without LoveBite’s prior written consent;

(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Services and/or our website without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;

(vi) transmit or otherwise make available in connection with the Services and/or our website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Services and/or our website, or the servers or networks that host the Services and/or our website or make the Services and/or our website available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Services and/or our website;

(ix) frame or mirror any part of the Services and/or our website without LoveBite’s prior express written authorisation;

(x) create a database by systematically downloading and storing all or any of the Content from the Services and/or our website;

(xi) forward any data generated from the Services and/or our website without the prior written consent of LoveBite;

(xii) transfer or assign your Services accounts’ password, even temporarily, to a third party;

(xiii) use the Services and/or our website for any illegal, immoral or unauthorised purpose;

(xiv) use of our website, the Services, or the Content for non-personal or commercial purposes without LoveBite’s express prior written consent; and

(xv) infringe or violate any provision in these Terms.
 

DISCONTINUATION OF USE OF THE SERVICES

If you wish to discontinue using the Services, then this is entirely your prerogative.  If you also wish us to delete your account and data, then please use the ‘Delete account’ option found in the settings section, accessible from the “like” page of the App or the landing page of our website.  We shall disable your account, but it may take a little longer to expunge your information from our records, and more information on this can be found in our Privacy Policy.

LoveBite retains the right to block your access to the Services and discontinue your use of the Services, at any time and for any reason we deem appropriate, at our sole and absolute discretion.
 

USER CONTENT AND COPYRIGHT

If you believe that anything on the Services or our website infringes copyright, then please let us know at info@LoveBite.app.  You must include means to contact you, your identity, identification of the matter that allegedly infringes copyright, and proof of ownership, along with a statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law, and a statement that the information given in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.  We shall either promptly remove any offending material or engage in further communications in the event of clarification being required or any of the above requirements being in dispute.
 

FORBIDDEN MATTER

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
 

• diminishes or infringes the proprietary rights of others, including but not limited to copyright and trade marks; 

• identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;

• is unlawful, defamatory, libellous or invades the privacy of others; 

• is harassing, offensive, threatening or vulgar; 

• is characterised by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economic status;

• encourages criminal behaviour or conduct that would constitute a criminal offence, or could give rise to civil liability or other lawsuit;

• promotes communication chains, including pyramid schemes, or anything else prohibited by law or under these Terms; or

• falsely portrays or implies that such Content is sponsored or endorsed by LoveBite.

   

The provisions of this clause are made in addition to any rights afforded to LoveBite by any law.
 

CONTENT RIGHTS 

LoveBite retains all intellectual property (“IP”) rights in the website and the Services (more below), but grants you the right to access and use the Services subject to the conditions set out in these Terms.  When you submit Content to be published on the Services, you represent and warrant that you own or possess sufficient IP rights in the Content to be able to make such posting without infringing another’s rights, and further that you have sufficient rights to be able to permit LoveBite to publish the Content and exploit all IP rights in and to the Content and that by posting the Content, you grant the aforementioned rights to LoveBite in perpetuity. LoveBite will not own any rights in the Content but, by submitting Content to LoveBite, you automatically and irrevocably grant LoveBite an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The licence granted to LoveBite in and to the Content you submit is not limited to personal use, and extends to any commercial use of the Content, at LoveBite’s sole and absolute discretion. 
 

IP RIGHTS

All intellectual property rights in and to our website, the Services and its database, including database rights, copyrights, trademarks, industrial designs, patents and trade secrets, are either the exclusive property of LoveBite or its affiliates or are exclusively licensed to LoveBite.
 

“LoveBite”, the LoveBite logo, and other trade and/or service marks are the property of LoveBite or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorised in these Terms without the prior written consent of LoveBite.

The map services that we link to are provided by Google, pro tem, and use of these services is subject to Google’s terms and conditions.

You may not bypass the protections that LoveBite uses to limit access to certain services according to whether an account is possessed or account type.  You undertake not to circumvent these protections. Any attempted or actual infringement of this provision will result in the termination of your access.  This is separate from any other rights to which we are entitled and may invoke. 
 

APPLE

If you use the Services on an Apple device, then you agree and acknowledge that:

• Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Services maintenance and support;

• You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

• Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

   

LIMITATION OF LIABILITY AND WARRANTY

LOVEBITE PROVIDES THE SERVICES AND CONTENT THEREOF FOR USE “AS IS”. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
 

Additionally and without derogating from the above clause, LoveBite disclaims any warranties relating to the accuracy of the information held and presented on our site and on the App, including restaurant information, menus and dishes and Content provided by users.
 

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Services, and you further agree and acknowledge that your use of or reliance on the Services is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Services.

LoveBite makes every effort to ensure accuracy and continuity of service, but we do not warrant that the Services will operate in an uninterrupted or error-free manner, or that they will always be available or free from all harmful components, or that use is secured from unauthorised access to LoveBite’s computers, immune from damage, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in LoveBite or any of its providers.
 

LOVEBITE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE.
 

The Services may include commercial information or ads.  These may be proprietary to LoveBite but will normally be provided by third parties, and LoveBite cannot and does not endorse the content of such ads or guarantee the reliability or accuracy of third party ads. Additionally and without derogating from the previous sentence, LoveBite will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of ads posted on the Services.
 

It is stressed that the presence of ads on the Services does not constitute a recommendation or encouragement by LoveBite to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by LoveBite, LoveBite will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. LoveBite will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of, or your reliance on, the content of goods or services you have accessed via ads or other links on the Software.
 

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless LoveBite and its employees, officers, directors and agents, as well as all third party advertisers on the Services from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by LoveBite, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
 

PRIVACY

LoveBite respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Services is readily accessible via the lovebite.app website. and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
 

MODIFICATIONS TO THE SERVICE AND SOFTWARE

LoveBite may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Services and any other aspect related to the Service. You will have no claim, complaint or demand against LoveBite for applying such changes or for failures incidental to such changes, or failure to install updates.
 

TERMINATION OF SERVICE

LoveBite may, at any time, terminate the provision of the Services in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
 

MODIFICATIONS OF THESE TERMS

LoveBite may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on our website. Your continued use of the Services after the Terms have been modified signifies your assent to the updated Terms. If you do not consent to the updated Terms or to any term within them, you cannot continue to use the Software.
 

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Services are governed solely by the laws of England and Wales, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software or the Services, will be under the exclusive jurisdiction of the appropriate court in England or Wales.
 

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Services, without the prior written consent of LoveBite. LoveBite may assign its rights in and to the Services to a third party at its sole and absolute discretion, provided that the third party undertakes LoveBite’s obligations to you under these Terms.
 

COMPLETE TERMS

These Terms, together with the Privacy Policy and the EULA that are an integral part of these Terms, shall constitute the entire and complete agreement between you and LoveBite concerning the Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
 

NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Services, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the LoveBite Service, its contents and any other data.
 

CONTACT US

You may contact us concerning any question about the Service, please email info@lovebite.app. We will endeavour to address your enquiry promptly.