You can browse the Sites without registering for an account. But to use some functions on the Sites, you’ll need to register your name and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else, give false names or contact information, or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account and delete or suppress any content or data associate with your account. You’re responsible for all the activity on your account, and for remembering your password and keeping it confidential. If you find out that someone’s used your account without your permission, you should report it to firstname.lastname@example.org.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Sites.
The Sites are for supporting people going through a difficult time. Don’t do any of these things on the Site:
The content and Services at start.luckydivorce.com (“Start LuckyDivorce”) are intended to help a person going through divorce (“Divorcee”) receive funds from other people (“Friends”). Start LuckyDivorce is designed to allow Friends to create a fundraising campaign (“Campaign”) for monetary donations to a Divorcee. Start LuckyDivorce facilitates the Campaign, but is not a party to any agreement between Divorcee and Friends. LuckyDivorce is not a broker, agent, financial institution, creditor or insurer for any user. LuckyDivorce makes no representation as to the marital status or any other personal matter with respect to any Divorcee.
There are no fees to set up a Campaign. A percentage of donations to each Campaign is charged as a fee for Services at Start LuckyDivorce. Currently this fee is 2.5%, deducted from the donation amount. In addition, LuckyDivorce uses a payment processing service, currently WePay, which charges a processing fee in addition to the donation amount. LuckyDivorce does not control and is not responsible for WePay’s processing service and fees, currently set at $0.30 plus 2.9% of the charged amount. In making a Donation, you agree to these fees as well as agreeing to WePay’s terms of service.
Divorcees may withdraw available funds from their Campaigns by doing so on WePay’s site. Each Divorcee is responsible for providing accurate information to WePay to facilitate such withdrawal.
LuckyDivorce doesn’t own content you submit to the Sites (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit Content, you agree to these terms:
Our Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Sites. You also agree not to change, translate, or otherwise create derivative works of the Service.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. LuckyDivorce complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
Our designated agent for notice of alleged copyright infringement is:
Attn: Copyright Agent
PO Box 438
San Mateo, CA 94403
LuckyDivorce reserves these rights:
LuckyDivorce LLC is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
LUCKYDIVORCE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LUCKYDIVORCE SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of the Sites or Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
To the fullest extent permitted by law, in no event will LuckyDivorce, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall our liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
We encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Sites and its Services are deemed a passive website that does not give rise to jurisdiction over LuckyDivorce or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Sites or Services, shall be filed only in the state or federal courts located in San Mateo County in the State of California, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and the other material referenced in them are the entire agreement between you and LuckyDivorce with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and LuckyDivorce with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or us to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get our prior written consent. LuckyDivorce has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In such case, LuckyDivorce will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.