LuvByrd Disclaimer

Terms and Conditions of Use/Privacy Policy

Terms and Conditions of Use

 

  1. OVERVIEW. These Terms and Conditions of Use constitute a legal agreement ("Agreement") between you and LuvByrd LLC (referred to as “LuvByrd” “us” or “we”). This Agreement, as it may be amended from time to time, applies to all users of the website located at www.luvbyrd.com, any other website operated by LuvByrd, and any mobile versions or application based versions of any LuvByrd websites (“Site(s)” or “Website(s)”). By visiting or using the Sites, you expressly agree to this Agreement, as updated from time to time. LuvByrd has created these Terms and Conditions of Use (the "Terms and Conditions") to help our users understand use and operation of the Sites. If you have any questions regarding the Terms & Conditions, please contact us at info@luvbyrd.com. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING ON THE WEBISTE OR FOR ANY LUVBYRD SERVICE.

  2. AGREEMENT. By registering on the Websites, you become a "Member", and you agree to be bound by the Terms and Conditions of this Agreement for as long as you continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR OR USE THE WEBSITES. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY LUVBYRD AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE. You agree that your continued use of the Website will constitute acceptance of any changes to this Agreement.

  3. ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old.

  4. MEMBER REPRESENTATIONS. By using the Websites or registering for use on the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You further represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity, that all information provided to LuvByrd or other users or members of the Websites shall be truthful, accurate, in accordance with all laws and regulations, and otherwise be appropriate, as determined by LuvByrd in its sole discretion (for example, without limitation, all behavior must not be deemed offensive, and foul language is not appropriate), and that you will comply with all terms of this Agreement. .

  1. REGISTRATION AND SUBSCRIPTION. If you wish to use the Websites to initiate most communications with other members and use certain other elements of the Websites, you must become a Subscriber and pay the fees that are set out in our price list. This price list is part of this Agreement and LuvByrd reserves the right, at any time, to change any fees or charges for using the Website. To become a Member, you must register for the Website. When and if you register to become a Member, you agree to provide accurate, truthful, current and complete information about yourself as prompted by the registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that LuvByrd may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we may terminate this Agreement and your use of the Website and, in such event, you shall not be entitled to a refund of any unused subscription fees. Although we aim to verify the accuracy of the information provided by Our Members, we do not verify information in profiles, and we have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of Our Members. You further agree that you will only use the Websites and your membership for your own personal use, and that you will not authorize others to use your membership or Luvbyrd account, and you may not assign or otherwise transfer your LuvByrd account to any other person or entity

  2. Terms and Conditions of Purchase. All purchases on the Websites are subject to the following terms and conditions, and both you and LuvByrd hereby agree as follows:

  1. You may initiate a refund request within 24 hours after your purchase of a paid membership. After the 24 hours, your hereby agree that subscription privileges are non-refundable in the event that you choose to suspend or cancel your membership. Furthermore, no refund will be made in the event of termination of your membership due to a violation of the Terms and Conditions as outlined in this Agreement. In that respect, you hereby agree that offensive behavior towards other members or use of foul language in a forum, group or other public area, emails to members or in your profile will constitute sufficient grounds for such termination of your membership. LuvByrd reserves the right to remove or block Members, in the sole discretion of LuvByrd, for inappropriate conduct, postings or content or other inappropriate conduct or other violation of this Agreement.
  2. By purchasing membership, you acknowledge, agree and authorize us to renew your subscription, automatically, at the guaranteed renewal rate and for the period of time that applies to the purchase option chosen by you, until such time as you instruct us to stop the renewals. Renewals can be stopped by logging in as a member and summiting your cancelation through the contact page, or emailing us directly at payments@luvbyrd.com. Once a cancellation is submitted, your subscription will not be renewed after the current period. You will not be eligible for a prorated refund of any remaining time on the current subscription period.

  1. TERM AND TERMINATION. This Agreement will remain in full force and effect while you use the Websites and/or are a Member, and after you have ended use of the Website or the Website and/or ceased to be a Member, including without limitation the “Resolution of Disputes” section below. You may terminate your membership at any time via the Website or by sending us written or email notice of termination. Either you or we may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. In the event that (a) you terminate your subscription or membership or (b) we determine, in our sole discretion, that you have violated this Agreement or our posted Privacy Policy, you shall not be entitled to, nor shall we be liable to you for, any refund of any unused portion of any subscription payments we have received from you, and we may continue to bar your use of the Websites in the future.

  2. PROPRIETARY RIGHTS. You represent and warrant that the information posted in your profile, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs and other content posted. You assign to us all copyright in your profile, your photographs posted, and any additional information sent to us at any time in connection with your use of the Website. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information belonging to other members. By posting information, photographs or content on the Websites, you automatically grant, and you represent and warrant that you have the right to grant, to us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

  3. YOUR USE OF THE SERVICE. As a Member, you agree that:

  1. You will use the Websites in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than in response to our prompts in the personal or general information sections of the Website. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Website. You will not transmit any chain letters or junk email to other members. To protect our members against such conduct, depending on the Website, we currently limit the number of messages that any member may send in a day. We reserve the right to change this number, at our sole discretion, at any time. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other members.
  2. You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Website, or transmit to other members. You will not post on the Website, or transmit to other members or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, and you will not post any photos containing nudity or personal information. We reserve the right, but we have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse services to anyone, at our sole discretion.
  3. By becoming a Member, you agree to accept and consent to receiving email communications initiated from us or through us including, without limitation: message notification emails, "your Match" emails, emails informing you about events and parties we organize, emails informing you of changes to the Website and emails informing you of promotions that either we provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. Should you not wish to receive any of our email communications, please do not register for the Website.
  4. You agree that we have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by our Website. You acknowledge that features, parameters or other services we provide may change at any time. You acknowledge that we reserve the right to sign out, terminate, delete or purge your account from the Website if it is inactive. "inactive" means that you have not signed in to the website for a particular period of time, as determined by us, in our sole discretion.
  5. When speaking to our customer service employees on the telephone or communicating with them by any other means, you agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of our customer service employees feel, at any point, threatened or offended by your conduct, we reserve the right to immediately terminate your membership and you shall not be entitled to the refund of any subscription payments we have received from you.
  6. We are entitled to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
  1. You will not harass or impersonate any person or entity.
  2. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents. you will not express or imply that any of your statements are endorsed by Us, without Our specific prior written consent.

  3. You will not interfere with or disrupt any Website, servers or networks connected to any Website. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

  4. You will not remove any copyright, trademark or other proprietary rights notices contained in the Website or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.

  5. You will not use meta tags or code or other devices containing any reference to Us or the Website or the Website connected to the Website in order to direct any person to any other website for any purpose.

  6. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause or enable others to do so.

  7. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.

  1. INDEMNITY BY MEMBER. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, subsidiaries, joint ventures and third parties harmless, for any losses, costs, liabilities or expenses relating to or arising out of any third party claim concerning your use of the Website, including:

  1. your breach of this Agreement;

  2. any allegation that any materials that you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or

  3. your activities in connection with the Website.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person

  1. RELEASE. If you have a dispute with one or more of our members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 

  2. ONLINE CONTENT. Opinions, advice, statements, offers, or other information or content made available through the Websites, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

  3. INTELLECTUAL PROPERTY: The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LuvByrd, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms and Conditions permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or as part of Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • If LuvByrd provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by LuvByrd’s end user license agreement for such applications.

  • If LuvByrd provides social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Websites.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

  • Access pirated or other illegal content through the Website.

You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at LuvByrd’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by LuvByrd. Any use of the Websites not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

The “LuvByrd” name, the “LuvByrd” logo, and all related names, logos, product and service names, designs and slogans are trademarks of LuvByrd or its affiliates or licensors. You must not use such marks without the prior written permission of LuvByrd. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

  1. PRIVACY. Our Privacy Policy applies to our use of your information, including cookies and personally identifiable information. By entering into this Agreement, you agree to the terms of the LuvByrd Privacy Policy. As set forth in the Privacy Policy, by using the Websites, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Websites.

  2. DISCLAIMERS. LUVBYRD PROVIDES THE WEBSITES AND ALL SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITES AND ANY CONTENT OR SERVICES PROVIDED ON THE WEBSITES OR BY LUVBYRD. LUVBYRD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, LUVBYRD DOES NOT WARRANT THAT YOUR USE OF THE WEBISTES OR ANY LUVBYRD SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITES AND SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE WEBSITES OR SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

  3. SAFETY AND VERIFICATION. Although each member or user of the Websites must agree to our Terms and Conditions, we cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of this Agreement. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY AND FOR VERIFYING THE IDENTITY OF PEOPLE THAT COMMUNICATE WITH YOU THROUGH THE WEBSITE. WE DO NOT CONDUCT BACKGROUND CHECKS OR MAKE ANY WARRANTIES ABOUT INDIVIDUALS WHO SIGN UP FOR OR USE OUR WEBSITES OR SERVICES. It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Website and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Website. Please carefully select the type of information that you post on the Website or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITES, THE LUVBYRD SERVICES OR OTHERWISE.

  4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT CONDUCT BACKGROUND CHECKS ON MEMBERS REGISTERING FOR THE SERVICE IN ANY WAY. ANY ATTEMPT BY US TO SCREEN MEMBERS IS NOT A GUARANTEE OF SAFETY ON THE WEBSITE. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY ON THE WEBSITE AND WHEN MEETING OTHER MEMBERS IN PERSON. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THE WEBSITES OR ANY LUVBYRD SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE WEBSITES OR SERVICES, OR ANY INDIVIDUAL YOU MEET VIA THE WEBSITES OR SERVICES.

  5. RESOLUTION OF DISPUTES. By using the Websites, you expressly agree that any disputes between us will be resolved in the state or Federal courts of Denver, Colorado. Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Website, the Website, or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if substantive law applicable prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control. The failure of a party to file a claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute.

  6. Geographic Restrictions. LuvByrd is based in the United States. LuvByrd provides the Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  7. ENTIRE AGREEMENT AND WAIVER. This Agreement and the LuvByrd Privacy Policy, and any subsequent written revisions, comprise the entire agreement between you and us regarding the use of the Websites and any LuvByrd services, superseding any prior oral or written agreements or communications between you and us related to the use of the Websites and services (including, but not limited to, any prior versions of this Agreement). No usage of trade or other regular practice or method of dealing between you and us will be used to modify, interpret, supplement or alter in any manner any express terms of this Agreement. No waiver of any provision of this Agreement or any rights or obligations under this Agreement will be effective, except when done in a writing signed by the party granting the waiver, and any waiver will be effective only in the specific instance and for the specific purpose stated in that writing.

  8. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.

  9. Copyright Policy.

  1. Reporting Claims of Copyright Infringement

LuvByrd takes claims of copyright infringement seriously. LuvByrd will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to LuvByrd’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which LuvByrd can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

info@luvbyrd.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

  1. If you believe that material you posted on the Websites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with LuvByrd (a "Counter-Notice") by submitting written notification to LuvByrd’s copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
  • Your physical or electronic signature.

  • An 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 disabled. 

  • Adequate information by which LuvByrd can contact you (including your name, postal address, telephone number and, if available, e-mail address).

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

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the complaint at issue.

Completed Counter-Notices should be sent to:

info@luvbyrd.com

The DMCA allows LuvByrd to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

  1. Repeat Infringers

It is LuvByrd’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

 

Privacy Statement

LuvByrd LLC (“LuvByrd” “us” or “we”) has created this privacy policy (the "Privacy Policy") as part of our commitment to help our users better understand what information we collect about them and what we may do with that information. The following discloses our information gathering and dissemination practices for our website. If you have any questions regarding the Privacy Policy, please contact us at info@luvbyrd.com


 

Overview

As part of the normal operation of our Websites and services we collect and, in some cases, may disclose information about you. This Privacy Policy applies to all LuvByrd websites, including luvbyrd.com, and any mobile versions or application based versions of any LuvByrd websites (the “Site(s) or "Website(s)"). By using the Websites, you expressly accept this Privacy Policy and our Terms and Conditions located at https://luvbyrd.com/luvbyrd-disclaimer/#privacy-statement, and consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into, governed by, and subject to the terms of the LuvByrd Terms and Conditions.  

  1. Children. Children are not eligible to use our services, including the Website, and we ask that minors (under the age of 18) not submit any personal information to us. The Websites are not directed at anyone under 18 and they are not intended to attract anyone under 18. We also do not collect or maintain personally identifiable information from those users who we actually know are under 18. Should we learn or be notified that we have collected information from users under the age of 18, we will immediately delete such personally identifiable information.

  1. Information We Collect

  1. We may feature members' profiles, including your profile, in, among other places, editorials and newsletters that we may periodically send out to our members. Your profile is available for other members to view. Members' profiles include a description, photos, likes and dislikes, individual essays, and other information helpful in determining matches. Your viewable profile does not include any identifying information about you, except the username you chose upon registering.
  2. LuvByrd is based in the United States. LuvByrd provides the Websites for use only by persons located in the United States. As such, please note that your personally identifiable information will be stored and processed on our computers in the United States. The laws regarding the handling of personal data in the United States may differ from the laws of other countries.
  3. We use data collection devices such as "cookies" on certain pages of our Website. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie." Cookies can also help us provide information which is targeted to your interests. We use this information to determine our members' demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL of the website that you visited prior to our Website (whether this is on our site or not), the URL of the website you next go to (whether this URL is on our site or not), what browser you are using, and your Internet Protocol ("IP") address. Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits. Cookie data may be shared with third parties.
  4. If you choose to access the Website through a mobile device, on a mobile version of the Website, or in an application based version of the Website, we may collect additional information about You. This may include, but is not limited to, location data.
  5. We may use a third party advertising company to serve ads on our behalf across the Internet. That advertising company may also collect anonymous information about your visits to the Websites. This is primarily accomplished through the use of a technology device, commonly referred to as a Web beacon, cookie or an action tag, which is placed on various Web pages within our Website or in an HTML e-mail that allows the third party advertising company to collect anonymous information. There may also be a number of services offered by external service providers that help you use our Website. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies, if any.
  6. If you visit any of the Websites, a third-party advertiser (or its partners) may place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies. To opt-out of these cookies, please go to www.privacychoice.org/companies or www.aboutads.info/choices.   
  1. Our Use of Your Information

  1. We use information in the files we maintain about you, and the other information we obtain from your current and past activities on the Websites, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. At times, we may review the data of multiple members to identify problems or resolve disputes.
  2. You agree that we may use personally identifiable information about you for marketing and promotional efforts, to analyze Website usage, improve our content and product offerings, and customize our Website' content, layout, and services. We may also work with various third parties to improve the safety, operation and usefulness of the Websites. In order to do this, we may be required to share certain information about you or your computer with those third parties. In those cases, we require those third parties to abide by this Privacy Policy and/ or similarly restrictive terms.
  3. We may display third party advertisements on the Websites. In some instances, users may request more information from these third parties concerning their respective products and/or services by clicking on such advertisement. Some of our third party advertisers offer to contact our users directly as a way to follow up a user's interest in its products and/or services. In such cases, users will be asked for their personal data, and by providing your personal data in such a fashion, a user is consenting to being contacted by such third party.
  4. You agree that we may use your information to contact you and to deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Websites. By accepting this Privacy Policy and/or using any of the Websites, you expressly agree to receive this information. If you do not wish to receive these communications, you may opt out of the receipt of certain communications.
  5. You may use the following options for removing your information from our e-mail database if you wish to opt out of receiving promotional e-mails and newsletters: Send mail to the following postal address letting us know which promotional e-mails you wish to opt-out of: LuvByrd, LLC, 700 Colorado Blvd., Box 616, Denver, CO 80206 or email us at luvbyrdluv@gmail.com
  1. Our Disclosure of Your Information

  1. Due to the various regulations, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting any of the foregoing), we may be required to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Website. Accordingly, although we use standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. 
  2. LuvByrd may disclose aggregated information about LuvByrd’s users, and information that does not identify any individual, without restriction.
  3. LuvByrd may disclose personal information that LuvByrd collects or you provide as described in this Privacy Policy:
  1. To LuvByrd’s subsidiaries and affiliates.
  2. To contractors, service providers and other third parties LuvByrd uses to support LuvByrd’s business.
  3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of LuvByrd's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by LuvByrd about LuvByrd’s services and users is among the assets transferred.
  4. To third parties to market their products or services to you if you have not opted out of these disclosures. 
  5. To fulfill the purpose for which you provide it.
  6. For any other purpose disclosed by us when you provide the information.
  7. To enforce or apply LuvByrd’ Terms and Conditions and other agreements, including for billing and collection purposes.
  8. If LuvByrd believes disclosure is necessary or appropriate to protect the rights, property, or safety of LuvByrd, LuvByrd’s customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  9. With your consent.
  1. Financial Information. Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for use of our services and products. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Websites, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity. By purchasing, or registering for, or making reservations for products or services of third parties offered on the Websites, or by participating in programs offered on the Websites that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. 
  2. Other Corporate Entities. It is possible that LuvByrd and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that LuvByrd would share some or all of your information in order to continue to provide the Website and services. Further, should LuvByrd file for protection, or have a third party petition filed against it under the bankruptcy code, any assets of the company, including member personal and non-personal information may be sold or transferred, in whole or part to a new entity. 
  3. Legal Requests. LuvByrd cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. 
  4. Your Use of other Members’ Information. Our Websites and services may also include access to groups, forums, and other areas. As a member you may have access to members' identification numbers and/or user names, and you might gain access to other contact information of other members through the regular use of the services. By accepting this Privacy Policy, you agree that, with respect to other members' personally identifiable information that you obtain through the Websites or services, LuvByrd hereby grants to you a license to use such information only for: (a) LuvByrd related communications that are not unsolicited commercial messages, and (b) any other purpose to which such member expressly agrees after complete disclosure of the purpose. In all cases, you must give members an opportunity to remove themselves from your database. In addition, under no circumstances, except as defined in this Privacy Policy, may you disclose personally identifiable information about another member to any third party without our consent and the consent of such other member after adequate disclosure. LuvByrd and our members do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a LuvByrd member to your mail list (email or physical mail) without their express consent after adequate disclosure. To report spam from other LuvByrd members, please contact us at info@luvbyrd.com.
  1. Accessing, Reviewing and Changing Your Profile

  1. Following registration on the Websites, you can review and change the information you submitted during registration. For instructions on how to do so, visit the Help section of the Website. If you change your password and email address we will retain a record of your old password and email address. You can also change your registration information such as: name, address, city, state, zip code, country, phone number, profile, likes and dislikes, desired date profile, essays and saved search criteria.
  2. Upon your notification, we will remove your membership from our active databases as soon as reasonably possible in accordance with our policy and applicable law. To learn how to hide or remove your profile so that others cannot view it, visit the Help section of the Website.
  3. We will retain in our files information you have requested be removed from our active databases for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored ‘back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to any request you may submit.
  1. Control of Your Password. You are responsible for all actions taken with your login information and password, including fees. Therefore we do not recommend that you disclose your LuvByrd password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password, and therefore should review each third party's privacy policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.

  2. Other Information Collectors

  1. Except as otherwise expressly described in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since LuvByrd does not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.
  2. Mobile Alerts. If you opt to receive mobile alerts through the Website, you may be required to agree to additional terms and conditions for that service and you may be subject to additional charges, either by the Company or from your wireless carrier. 
  1. Security. LuvByrd uses industry standard practices, including "firewalls" and Secure Socket Layers, to safeguard the confidentiality of your personal identifiable information. LuvByrd treats data as an asset that must be protected against loss and unauthorized access. While we employ security techniques to protect such data from unauthorized access by others, "perfect security" does not exist on the Internet and we can not guarantee complete security.

  2. Your California Privacy Rights. If you are a resident of the State of California, we provide you in this Policy with information on how to exercise your disclosure choice options such as your right to opt-out (or "unsubscribe") of our use and sharing of your Personal Information with third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

  3. Changes. We may change this Privacy Policy from time to time based on changes in the law, your comments, or our need to accurately reflect our data collection and disclosure practices. We will notify you about significant changes in the way we treat personal information by sending you a notice via email or by placing a prominent notice on our Website. It is LuvByrd’s policy to post any changes LuvByrd makes to LuvByrd’s Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring LuvByrd has an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Website and this Privacy Policy to check for any changes.

  4. Disputes. Our Privacy Policy and Terms and Conditions are governed by Colorado law, and by using our Website, you expressly agree that any disputes between us will be resolved in the state or Federal courts of Denver, Colorado and otherwise as set forth in the Terms and Conditions.