TERMS OF USE

1. WELCOME

The Lox Club, Inc., and its affiliates (“Lox Club,” “Company,” “we,” “us,” “our”) operate a family of dating platforms that help people meet, make connections, and find love. Our top priority is to ensure our members feel safe and secure while dating.

These Terms of Use detail how you and other users (collectively, “you,” your,” or “Users”) can and cannot use our applications (“App(s)”), any websites operated by The Lox Club, Inc. that link to these Terms of Use (“Sites”), and certain features thereof, or related services, including those related to RSVPing and/or attending events which are advertised, featured, hosted, or otherwise disseminated through the Apps or Sites (collectively, “Service(s)”).

While we do our best to enforce these Terms of Use, we cannot warrant or represent that other Users will in fact adhere to the Terms of Use, nor can we act as insurers or accept any liability for their failure to do so.

Regarding safety and security, here are the most important things to know about us:

• We strive to foster a community where all members feel comfortable, and their privacy is protected. We do this in several ways:

• Our team and membership committee have been rigorously vetted, and are under strict non-disclosure agreements, so other than as you elect within the Service (as defined below) your interest and involvement remains strictly between you and us.

• We only select community members who we believe will adhere to our code of conduct and respecting the privacy of our members – and who have agreed to do so pursuant to these Terms of Use

• We periodically review our communities and remove members who are not acting in accordance with our code of conduct or the below Terms of Use or who are otherwise engaging in disrespectful, inappropriate or improper behavior.

• We created a “hide” feature and encourage members to utilize it at any time if they aren’t comfortable for any reason. Doing so will preserve conversations you’ve had with other members but will prevent any new members from seeing your profile. 

Your comfort and safety are the most important things to us. Every decision we make comes from our goal to provide people with a fun and joyful experience. Should you ever have any questions regarding these Terms of Use, your application, membership, or any other aspect of our Services, please feel free to contact us at hey@loxclubapp.com.

2.    REGISTRATION, PAYMENT TERMS & SUBSCRIPTION PLANS

Registration Process. To gain access to the Apps, prospective users will be asked to complete a brief application, with accepted users being offered membership for a fee to be paid via the Apple / Google in-app payment system. All applications will be considered; however, we have complete control and discretion regarding who is granted membership to the Apps. Those who are not granted access will be placed on our waitlist, which is continually reviewed for additional applicants to be admitted.

You may be required to register with us to activate a membership or otherwise access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy.

Payment. Upon acceptance as a member, applicants will be required to select a payment option through Apple / Google. To receive our Service, you agree to provide a valid credit card or debit card number.

Subscription Term; Auto Renewal. Subscriptions are normally assessed on a monthly or annual basis. Subscription fees are calculated from the day upon which User’s paid subscription commences. User’s subscription to the Service shall be for the initial term (e.g., monthly or annually) as may be selected by User.

PAYMENTS AUTOMATICALLY RENEW FOR INDEFINITE SUCCESSIVE RENEWAL TERMS FOR THE SAME PERIOD AS THE INITIAL TERM, UNTIL CANCELED BY THE USER OR BY US IN ACCORDANCE WITH THESE TERMS OF USE.

The subscription fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether you use the Service. Notwithstanding the language in this paragraph, if a subscription resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.

In-App Purchases. In addition to membership fees, users can make in-app purchases. Any such in-app purchases will also be paid via the user’s Apple / Google account and are subject to the terms and conditions thereof. We do not offer refunds of in-app purchases for any reason other than as set forth in the Terms of Use. Unused in-app purchases will not be refunded upon the expiration or termination of a user’s membership.

Right to Modify Pricing. We reserve the right to raise or lower the cost of our membership fees, in-app purchases, and other charges, and to create additional tiers or types of membership, at any time.

Cancellation. Either we or you may cancel your subscription at any time and for any reason. In the event of a cancellation by us or you, all fees due to us up to the end of the then-current billing cycle at time of cancellation shall remain payable to us. No refunds will be provided for partial billing periods, unless otherwise stated in an applicable promotional offer.

Users may cancel their subscription by any of the methods below:

• Cancel the renewal of subscription at any time by heading to User’s “Me” tab within the app, then clicking “Preferences,” then clicking “Manage Membership,” then clicking “Cancel subscription.” This links the User’s native iCloud / Google Play Account Subscription Settings, where the User can then cancel their subscription renewal and allows User to resubscribe at any time. User will stay on current subscription until it expires; or

• Emailing a clear and specific cancellation request email to hey@loxclubapp.com.

If at any time we believe, in our sole discretion, that a User has violated any provision of these Terms of Use, we may immediately terminate that User’s subscription and all other access to the Service without any refund or other remedy, and all fees due to us up to the end of the then-current billing cycle at the time of such termination shall remain payable to us. Such termination will not limit any other right by us under contract, tort, or any other legal theory to pursue any claim or cause of action against the User for violating the Terms of Use, including without limitation, monetary damages, injunctive relief, attorney’s fees, and court costs.

3.    ELIGIBILITY TO USE SERVICE

By accessing or using the Service in any way, clicking on a button, or taking a similar action to signify your affirmative acceptance of these Terms of Use, you hereby represent that: 

• You have read, understand and agree to be bound by these Terms of Use and any future amendments and additions to these Terms of Use as published from time to time at this link or through the Service;

• You are 18 or older;

• You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry;

• You have the authority to enter into these Terms of Use personally. Except as otherwise provided herein, if you do not agree to be bound by these Terms of Use, you may not access or use the Service; and

• You will comply with all applicable laws, including those of the country, state and city in which you are present while using the Service.

4.    ACCESS TO SERVICE

Access. By entering these Terms of Use, you may be granted a revocable license to access the Service. Your access privileges are conditioned on your adherence to these Terms of Use. We reserve the right to temporarily deny you access to the Service or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by these Terms of Use or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Service, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges.

Privileges Nontransferable. Your access privileges may not be transferred by you to any third parties.

Prohibited Commercial Use. The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other Users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any User to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with our express consent, which consent may be withheld in our sole discretion.

Passwords and Security. You are responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, and (c) ensure that you exit from your account at the end of each session when accessing the Service. In addition to the disclaimers and limitations set forth herein, we will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.

5.    ACCEPTABLE USE POLICY

By using the Service, you agree that:

• You will only use the Service for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.

• You will not use the Service to harass, intimidate, abuse, bully, exploit, threaten, or stalk others, or to otherwise cause nuisance, annoyance or inconvenience.

• You will not use the Service to solicit personal information from anyone under the age of 18 or to solicit payment from any User.

• You will not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.

• You will not violate the publicity or privacy rights of another individual.

• You will not copy or distribute any content displayed through the Service.

• You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your personal, noncommercial use.

• The information you provide to us or otherwise communicate with us is accurate.

• You will not use the Service in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.

• You will not attempt to gain unauthorized access to any part of the Service and/or to any service, account, resource, computer system and/or network connected to any of our servers.

• You will not deep link to the Service or access the Service manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Service or any content on the Service.

• You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Service.

• You will not impersonate another person, act as another entity without authorization, create multiple accounts, or misrepresent your identity, status, qualifications or affiliations.

• Your self-submitted content (“User Content”) does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors.

• Your User Content does not violate any state or federal law designed to regulate electronic advertising.

• Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.

• Your User Content will not contain any material deemed illegal or inappropriate and you or your User Content may be subject to remedial actions if found to violate these Terms of Use.

Right to Investigate & Remediate. The Company reserves the right to investigate, suspend or terminate your account if you misuse the Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with either these Terms of Use or the values and mission of the Company, including actions or communications that occur outside of the Service.

6.    SAFETY & INTERACTING WITH OTHER USERS

By using our Service, you agree to treat other Users with respect and consideration, both on and off our Service, and you agree to abide by our Community Guidelines and Trust & Safety dating tips.

The Lox Club, Inc., is not responsible for the conduct of Users on or off our Apps, Sites, or Service. You agree to use caution in all interactions with other Users – especially if you decide to communicate with a User off an App or meet in person. You agree to review the Community Guidelines and Trust & Safety dating tips prior to using our Service. You agree that you will not provide your financial information (e.g., credit card or bank account information) to another User, or wire or send money to another User.

YOU ARE SOLELY RESPONSIBLE FOR THE INTERACTIONS WITH OTHER MEMBERS AND USERS. YOU UNDERSTAND THAT THE LOX CLUB, INC., DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE LOX CLUB, INC., MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS.

Events Hosted by Others. In addition to, and under no circumstances in limitation of, the other provisions of these Terms of Use, by utilizing the Service to, directly or indirectly in any manner whatsoever, create, host, promote, or invite others to a private or public event, you acknowledge and agree that (i) the Company is not responsible for the event or any aspect thereof, including, but not limited to, the behavior or safety of any attendee, (ii) you will not promote, market or refer to the event as a “Lox Club event” or otherwise indicate or give the impression that we have any involvement with the event other than as an invitation platform, (iii) you will not collect, store, or share any personal data of attendees without explicit consent from the Company and the attendees, and (iv) you agree to indemnify and hold the Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party relating to the event. Notwithstanding, Lox Club reserves the right to vet and approve events hosted by users, and such events will be governed by separate terms unique to the event.

Our Events. We may curate our own events. We curate these events based on a variety of factors, including your own desired age preferences and those of the other applicants to an event. Since a real human is curating each event guest list, we’re also able to take into account any other info or indicated interests in your profile, like your prompt answers. We also take into account capacity restrictions since we typically get more RSVPs than we have room for at our events. As a result, due to space limitations and event curation, you might not always be able to attend events you apply for.

7.    INFORMATION AVAILABLE VIA SERVICE

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Service, we cannot guarantee the accuracy, adequacy, quality or suitability of any data on our Service and expressly disclaim liability for errors and omissions in the contents of our Service. Any use or reliance on any content or materials posted via the Service or obtained by you through the Service is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

8.    THIRD-PARTY MATERIAL & WEBSITES

Third-Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You acknowledge and agree that we will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

Social Networking Services. You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Instagram (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. For more information about the implications of activating these Social Networking Services and our use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy.

However, the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. We are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services.

Apple-Enabled Software Applications. We offer software applications such as the Apps that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software being “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

• The Company and you acknowledge that these Terms of Use are concluded between The Lox Club, Inc., and you only, and not with Apple, and that as between us and Apple, we, not Apple, are solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Use.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Use.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to us as follows: hey@loxclubapp.com

The Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

9.    USER SUBMISSIONS & CONTENT

User Content. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other Users, including, but not limited to, messages, videos, music, photographs, or text, whether publicly posted or privately transmitted (collectively, “User Content”).

You represent and warrant that:

• All information that you submit upon creation of your account, including information submitted from your account on Social Networking Services, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading, or false;

• You have the right to post the User Content on the Service and grant the licenses set forth below; and

• Your User Content does not violate our Inappropriate Content Policy (as described in Section 10).

Licensing. By posting User Content as part of the Service, you grant us a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

Content Preservation. You agree that the Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

• Comply with legal process;

• Enforce these Terms of Use;

• Respond to claims that any User Content violates the rights of third parties;

• Respond to your requests for customer service or allow you to use the Service in the future; or

• Protect the rights, property or personal safety of the Company or any other person. You agree that any User Content you place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared User Content from other Users)

Feedback. You agree that any submission of any ideas, suggestions and/or proposals to us through our suggestion, feedback or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.

Third Party Material. Under no circumstances will we be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in an App or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.

10. GOOD SAMARITAN & INAPPROPRIATE CONTENT POLICY

Policy. It is the policy of the owners and operators of the Service to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at the Service. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of the Service to undertake, or refrain from undertaking, any course of conduct.

Please note that some of the content of our platform is derived from publicly available content or publicly available social media feeds provided by third parties. If your complaint relates to such content, please direct your complaint to the third party or social media platform directly.

Prohibited Activities. The Company reserves the right to investigate, suspend or terminate your account if you misuse the Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with the values and mission of the Company, including actions or communications that occur outside of the Service. Such inappropriate, improper, and unlawful behavior includes, but is not limited to:

1. Emailing or otherwise uploading any User Content prohibited by these Terms of Use;

2. Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;

3. Violating any applicable local, state, national or international law, or any regulations having the force of law;

4. Harassing, intimidating, abusing, bullying, exploiting, threatening, or stalking others;

5. Disclosing the identity of any user;

6. Taking screenshots or otherwise copying, disclosing or sharing content from the App;

7. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

8. Soliciting personal information from anyone under the age of 18;

9. Soliciting payment from any user;

10. Harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

11. Promoting, marketing, advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized;

12. Interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in our sole discretion,

13. Making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, pornographic, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in our sole discretion;

14. Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities;

15. Obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;

16. Misrepresenting your identity, status, qualifications or affiliations; and

17. Disclosing information that you do not have the right to disclose.

Content Monitoring. You understand and agree that the Company may, but is not obligated to, monitor or review any User Content you post as part of a Service. The Company may delete any User Content, in whole or in part, that in the sole judgment of the Company violates these Terms of Use or may harm the reputation of the Service or the Company.

Complaint Procedure & Flagging Inappropriate Content. If you believe that someone has posted material at the Service which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable or inappropriate, or which constitutes child pornography, we ask you to flag the post to our attention by contacting us at the following address: hey@loxclubapp.com.

When emailing us to complain about inappropriate or infringing content, please provide as much detail as possible, including:

• the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed);

• all facts which lead you to believe that a right has been violated or infringed;

• the precise location where the offending material is located;

• any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and

• if known, the identity of the person or persons who posted the infringing or offending material.

We are committed to responding to all allegations of User Content in violation of these Terms of Use and seek to review all flagged User Content without undue delay.

Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur through our response to your complaint.

Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions, and, as set forth above in Sections 8 and 9, cannot assume liability for any acts of Users or third parties which take place at the Service. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at the Service or our response, or failure to respond, to a complaint.

Investigation/Right to Purge. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to the Service, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.

11. INTELLECTUAL PROPERTY OWNERSHIP

The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

12. COPYRIGHT POLICY

The Company has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any User Content infringes upon your intellectual property rights, please see our DMCA Policy below for more information.

13. PRIVACY

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to these Terms of Use, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

14. INDEMNIFICATION

You agree to indemnify and hold harmless The Lox Club, Inc., and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Service; (c) your violation of these Terms of Use; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Service. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Service. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE, OR THE TEXT, GRAPHICS OR LINKS.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

16. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE LOX CLUB, INC., BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY OR DEATH (BUT EXCLUDING PERSONAL INJURY OR DEATH CAUSED BY THE LOX CLUB, INC.’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.  THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICE (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED.

17. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 17 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

a.     Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service or as a consumer of our services, to any advertising or marketing communications regarding us or our Service, to any products or services sold or distributed through the Service that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our Service will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or The Lox Club, Inc., may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. IF YOU AGREE TO ARBITRATION WITH THE LOX CLUB, INC., YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

b.     Informal Resolution. You and The Lox Club, Inc., agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Lox Club, Inc., therefore agree that, before either you or The Lox Club, Inc., demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify The Lox Club, Inc., that you intend to initiate an informal dispute resolution conference, email hey@loxclubapp.com, providing your username associated with your account (if any), the email address associated with your account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

c.     Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Operations Department, 578 Washington Blvd. #1059, Marina Del Rey, CA 90292. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

d.     Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and The Lox Club, Inc. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and The Lox Club, Inc.

e.     Waiver of Jury Trial. YOU AND THE LOX CLUB, INC., WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and The Lox Club, Inc., are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 17(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

f.      Waiver of Class or Consolidated Actions. YOU AND THE LOX CLUB, INC., AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor The Lox Club, Inc., is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 18.

g.     Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against The Lox Club, Inc., presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with The Lox Club, Inc., and the arbitration provider to implement such a batch approach to resolution and fees.

h.     Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor The Lox Club, Inc., can force the other to arbitrate as a result of this Agreement. To opt out, you must notify The Lox Club, Inc., in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: hey@loxclubapp.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

i.      Survival. This Arbitration Agreement will survive any termination of your relationship with us.

j.      Modification. Notwithstanding any provision in the Terms of Use to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

18. CHOICE OF LAW

These Terms of Use, and any dispute between you and the Company, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. For users residing in any jurisdiction where this arbitration agreement is prohibited by law, the laws of the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use or the Service but not eligible for arbitration will be litigated exclusively in the federal or state courts located in the State of Delaware and you and the Company consent to personal jurisdiction in those courts.

19. MOBILE SERVICES, RATES & CONSENT FOR TEXTING

The Service includes certain services that are available via mobile devices including (i) the ability to upload content to the Service, (ii) the ability to browse the Service, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).

Consent to Transactional / Operational / Informational Text Messaging. Your voluntary provision to us of your phone number represents your consent that we may contact you by telephone, SMS, or MMS, for transactional, operational, or informational purposes (e.g., identity verification, fraud detection), including by use of automated dialing technology. When you provide your phone number to us, you warrant that you are the current subscriber or authorized user of the relevant phone number. You understand and agree that such messages may be sent using automated technology. You understand that message and data rates may apply.

Consent to Marketing Text Messaging. By agreeing to the Terms of Use, you authorize us and our service providers to contact and/or text you at the phone number you provided to us. This authorization includes using automated dialing technology to text you for advertising or marketing purposes. You understand that this consent is not a required condition of continuing access to the Services or otherwise purchasing any property, goods, or services from us, and you understand that you may opt out at any time by replying “STOP” to a marketing text message sent by us or contacting us at hey@loxclubapp.com. You understand that message and data rates may apply. If you choose not to opt out, we may contact you as outlined in our Privacy Policy.

Please note that if you unsubscribe from marketing text messages, you may still receive transactional, operational, or informational text messages, such as messages sent to verify your identity or contact you about suspected fraud or unlawful activity.

Rates. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Push Notifications. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

By using the Mobile Services, you agree that we may communicate with you via Apple Push Notification service (“APNS”) or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

Location-Based Features. An App may allow you to disclose your location or make available opportunities for you to determine the location of other Users and/or view certain content and services based on your location. If you elect to make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, your location will not be disclosed, and you will not be able to access such location-specific content, products, services, and materials.

20. TERMINATION

At our sole discretion, we may modify or discontinue the Service, or may modify, suspend or terminate your access to the Service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Service, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Service is terminated, these Terms of Use will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of the Terms of Use.

21. GENERAL PROVISIONS

a.     No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, us or any third-party provider as a result of these Terms of Use or use of the Service.

b.     Severability. Except as otherwise provided herein, if any provision of the Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

c.     Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

d.     State-specific Terms. The following provisions are added to these Terms of Use for Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: you, the buyer, may cancel your membership, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel the membership and your payment though Apple, please see the instructions in the App. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. If you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice at the address listed below.

e.     Entire Agreement. The Terms of Use is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

22. CONTACT INFORMATION

Please contact us at hey@loxclubapp.com to report any violations of these Terms of Use or to pose any questions regarding the Company, these Terms of Use or the Service.

Our instagram @loxclub is also actively monitored by live agents ready to respond to escalation requests.

DMCA POLICY

We respect the copyright and other intellectual property rights of others and expect users of our websites and applications (collectively, the "Service") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether there is any repeat infringement. See our Terms of Use for more information. 

Notification of Alleged Copyright Infringement 

If you believe that content available on or through our Service infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our website infringes your copyright, you should consider first contacting an attorney.

All Notifications should include the following: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g. the URL link of the material).

• Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and e-mail address at which the complaining party may be contacted.

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit your notice to our designated DMCA agent by mail or email as set forth below: 

Email: hey@loxclubapp.com

Mail:

Operations Department

578 Washington Blvd. #1059

Marina Del Rey, CA 90292

Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Service is copyright infringing.

Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material. 

 Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner. 

Counter Notification

If you believe your copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written counter-notification letter (“Counter Notification”) to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:  

• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled. 

• A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which our Company is located. 

• A statement that you will accept service of process from the party that filed the Notification or the party's agent. 

• Your name, address and telephone number. 

• A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

• Your physical or electronic signature.

You may submit your Counter Notification to our Copyright Agent by mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.